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CAS-04_2017-04 LAKE LUCY RIDGE HOMEOWNERS ASSOC.CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 07/14/2017 10:20 AM Receipt No. 00352416 CLERK: AshleyM PAYEE: Gonyea Homes Inc 1000 Boone Ave Suite 400 Golden Valley MN 55427- 9325 Eagle Ridge Road Admin Sub- division 17-04 ------------------------------------------------------- Lot Line Adjustment 150.00 Total Cash Check 14966 Change 150.00 0.00 150.00 0.00 SCANN5-t �',y Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poch L Soren M. Mattick John F. Kelly Henry A. Schaeffer, 111 Alina Schwartz Shana N. Conklin Amy B. Schutt James J. Monge, III Jerome M. Porter Kurt S. Fischer Grand Oak Office Center 1 860 Blue Gentian Road Suite 290, Eagan, MN 55121 651-452-5000 Fax 651-234-6237 www.ck-law.com CAMPBELL KNUTSON Professional Association June 5, 2017 Ms. Jenny Potter City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Miscellaneous Recorded Document Dear Ms. Potter: Please find enclosed, for the City's files, Conditional Use Permit 2017-04 which was recorded on May 17, 2017 as Carver County document number T202858 and A645334. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association /jmo Enclosure 19o7o8v4 Assistant SCANNFO u Document No. T202858 OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Filed on -May 17, 2017 3:11 PM Cert # 31974 11111111IIIIIIIIII 202858 Fee: $46.00 David Frischmon Registrar of Titles Document No. A645334 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Recorded on -May 17, 2017 3:11 PM Fee: $46.00 VIII III5334 III III CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #2017-04 David Frischmon County Recorder 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: A Recreational Beachlot. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Outlot B, Lake Lucy Ridge Addition. 3. Conditions. Subject to the following conditions as shown in plans dated January 20, 2017: a. The beachlot shall contain no more than 1 dock, with no more than 3 racks for the storage of 6 nonmotorized watercrafts. b. The beachlot shall meet all requirements set forth for recreational beachlots in Section 20-263 of the City Code. c. The beachlot shall not be used as a boat launch and the city will post the appropriate signage. The applicant shall be responsible for the cost of signage and installation. d. An amendment to the Conditional Use Permit shall be required for any changes to the beachlot including but not limited to: dock configuration, installation of portable chemical toilets, placement of boat racks, and placement of structures. e. To the extent feasible, the city may impose such conditions even after approval of the beachlot if the city finds it necessary. 1 f. It should be noted that the only access to the private dock is via a public pedestrian trail owned and operated by the City of Chanhassen and open to the public. g. Prior to construction, verification shall be received that the dock contractor is going to deliver twenty sections of 4' x 10' dock by hand a distance of 1000 feet and install the dock, canoe racks and security gate for a fee of $500. h. Motorized vehicles cannot be utilized to deliver or retrieve watercraft or associated gear to or from the dock. i. There shall be no chemical or physical removal of emergent vegetation. j. Emergent vegetation may be cut no lower than the normal water elevation from the centerline of the dock to a point no more than five (5) feet from the edge of the dock on either side. k. The cross section of the wetland shall not be altered to accommodate placement of the dock or the approach to the dock. 1. No materials shall be stored within the wetland buffer except as allowed on the dock itself. m. The applicant shall contact the Department of Natural Resources (DNR) and insure compliance with DNR regulations governing shoreland. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lame. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terns of this conditional use permit is a criminal misdemeanor. Dated: March 13, 2017 STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) CITY OF CHANHASSEN M By. l..o�f� ✓—�''V Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me thiso-eday of t1e, 2017, by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. " KIM TM Notary Publ�•Minnesota s,.. 61y .F U: Jan 31.2 020 11) L7411 W 00 63i��� City of Chanhassen P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 Not Publi 11 -DY Chanhassen Planning Commission — February 21, 2017 Undestad moved, Yusuf seconded that the Chanhassen Planning Commission recommends approval of the variance request to allow a wall sign along the east fagade of the building at 400416 West 78' Street and a monument sign located with the parking lot's 10 foot setback, subject to the following conditions and adopts the attached Findings of Fact and Decision: The applicant must apply for and receive the required sign permits from the City. 2. The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east fagade must comply with all provisions of the City Code, and the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision in the later that limits signage to the south elevation. 4. The ground low profile sign must meet the sign code's design criteria and follow the standards for the Central Business District (CBD). 5. The ground low profile sign may not be located within the sight distance triangle depicted in the attachment. 6. If the ash tree is removed a tree must be replaced with one shade tree. The tree shall be a minimum size of 2 inch diameter. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: LAKE LUCY RIDGE — CONDITIONAL USE PERMIT AND A WETLAND ALTERATION PERMIT FOR THE CREATION OF A 5 ACRE RECREATIONAL BEACHLOT FOR THE LAKE LUCY RIDGE SUBDIVISION RESIDENTS. THE REQUEST INCLUDES A PRIVATE SEASONAL DOCK SERVING NON -MOTORIZED WATERCRAFT AND A CANOE RACK FOR SIX VESSELS. THE SITE IS LOCATED SOUTH OF LAKE LUCY ROAD ON THE NORTHWEST CORNER OF LAKE LUCY ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL. OWNER: LAKE LUCY HOMEOWNERS ASSOCIATION. APPLICANT: GREG MCGUIRK Aller: And for the record we've received several emails which I know staff will discuss in their presentation which came in after the original filing of the report. They will be received. They'll be made part of the record and they will be forwarded to the City Council for review as well. AI-Jaf.Chairman Aller, members of the Planning Commission. The application before you today is for a beachlot. The location of the site is south of Lake Lucy Road and on the northwest comer of Lake Lucy. It is legally described as Outlot B of Lake Lucy Ridge Addition. Just a 10 1 Chanhassen Planning Commission — February 21, 2017 brief history on this site. On May 28th of 2002 the City Council approved a final plat for a subdivision consisting of 17 lots and 2 outlots. Outlot B, which is the subject site for this evening is intended or contains a trail that is a regional trail and it also has a storm pond. Typically it is the City's policy to take ownership of such parcels, specifically when they are along a lake and have environmental features on them mainly because we want to preserve them in their natural state. In this case there is an easement over the trail as well as a drainage and utility easement over the storm pond. Initially the developer had intended to deed the outlot to the City. However the homeowners association ended up maintaining ownership of this outlot. So as I mentioned earlier this is a conditional use permit for the creation of a recreational beachlot. One of the things that we need to point out is that initially we advertised for both a conditional use as well as a wetland alteration permit in the event that there was an impact to the wetlands while reviewing the application and the construction plans. It was clear to us that there would be a no loss in wetland function or values as defined in the Minnesota Wetlands Conservation Act. As such there is no need for a wetland alteration permit. Just a conditional use permit. So with the proposed layout for the site, Outlot B is intended to contain the, a dock that would be able to allow homeowners association members for Lake Lucy Ridge to access the lake. The area of Outlot B is 5 acres and it will serve the 17 homes within this development. The dock is proposed to have a length of 160 feet that will be extending out onto Lake Lucy and there will be a T -bar at the end of the, a T -bar at the end of the dock that is 25 feet wide. One of the concerns that we have had lengthy discussions about with the homeowners association's representatives regarding this proposal deals with access to this proposed beachlot as well as the dock area. So access to the beachlot is via this trail. This is a regional trail. It is owned and maintained by the City. What we need to elaborate on with specifically with this portion of the trail is that it is only a small section of a much larger trail system that will eventually extended beyond Lake Ann. As the trail segments get built, and that will happen as properties in the surrounding area develop, it will generate additional traffic and with that there is the potential that it may general some trespassing complaints. We talked about this issue at length with the applicants. Their proposal calls for a gate on the dock and on that gate there would be a sign that will read private dock, no trespassing and staff pulled up some examples of gates that have been used. One of the other elements that are proposed on the lake is a double paddleboard, canoe, kayak rack. There will be a total of 3 of those elements and, for a total of 6 non -motorized watercrafts. Staff is recommending approval of this application with conditions. There have been several emails that have been submitted to the City and staff would like to address them very briefly touch on some of these elements that have been pointed out. The first one deals with the name of the homeowners association. The public hearing notice that was mailed out stated Lake Lucy Homeowners Association. It should have said Lake Lucy Ridge Homeowners Association so that is one correction that staff is making on the record. There was some discussion regarding potentially the City owning the parcel and prior to the Lake Lucy Ridge subdivision being developed there were conversations between city staff and the homeowners, or the landowner at the time. That acquisition did not occur. 'There were some concerns dealing with the beachlot. What will happen if they choose to intensify the use of this beachlot? We need to point out that any amendment, any changes to the beachlot will require an amendment of the conditional use permit. What the City is approving is strictly based on plans that were 11 Chanhassen Planning Commission — February 21, 2017 submitted January 20, 2017 which show a dock as well as a canoe rack. One of the comments that was also made in the email or question that was raised is would the approval of this application place restrictions on the current users of the lake and the answer is no. There are no restrictions whatsoever. Another email that was received basically pointed out that the canoes should not exceed 6 in number and that is one of the conditions of approval. It's what the applicant is requesting and what staff is recommending. There was a statement that there is a beach area that is being introduced with this request and as you saw on the plans there is no beach proposed. Another statement dealt with a chainlink fence proposed to be erected in close proximity to the back lots of several homes in, on Steller Court. Staff is not aware of such a proposal. There is a statement made regarding devaluation of properties in the surrounding area and that taxes should be lowered on these properties and potential noise complaints. And one of the last comments in those emails deals with may be providing public access along Lake Lucy for neighboring properties to use non -motorized canoes out on the lake and not limited to the homeowners association requesting the conditional use permit. That summarizes the emails that we received and I'll be happy to answer any questions. Aller: Thank you. I have a few. The first one is with the notice. The notices went out to the appropriate homeowners that were within range and are impacted according to code, correct? Al-Jaff: It went out to people within 500 feet as well as all individuals that own property along Lake Lucy. Aller: Okay great. Then the second thing would be is there anything that would preclude other than our typical zoning and building codes that would stop an individual from building a fence on this property without this request? Al-Jaff: Meaning on Outlot B? Aller: On Outlot B. Al-Jaff: They will have to meet all shoreland as well as DNR requirements. Aller: But they could do it without creating this little functionary location? Al-Jaff: Yes. Aller: Okay. And then with regard to access to the property, how are we treating the access to Outlot B? A]-Jaff: It is a public trail that the application would be using. This is the public trail and anyone can use it. One of the things that we did state in the staff report and we've talked to the applicant about this is how do they intend to build the dock because motorized vehicles are not permitted on public trails and they are aware of that. They did contact and have a conversation 12 Chanhassen Planning Commission — February 21, 2017 with their contractor. The contractor agreed to build it without motorized vehicles on the trail. We questioned the bid that came back. It was a little low and requested that the applicant basically confirm that this is what they will be charging them and I had a phone conversation with the applicant stating that, that is the case. Aller. If this is moved forward does it impact the ability for me to go down there and use the trail? Al-Jaff: No. Aller: Portage my own canoe down to the bottom or my own board to the bottom and use it. Al-Jaff: You? There is no public access. This is a private access. The public may use the trail. However this is a private dock and anyone that goes on the dock would be trespassing unless they are part of the association. Aller: Okay so my question is, the use of the regional trail is open to the public. M-Jaff. 'That's correct. Aller: Does it allow for me, can I get down there and get access without using the dock? Or the proposed dock. To the water. Al-Jaff: No. Weick: Because of natural barriers or? Aanenson: Correct. Weick: Okay. Aanenson: The wetland. Weick: Right so it's physically difficult to drag a canoe down the trail and it's naturally difficult to actually get it into the water. Aller: Right. Weick: Okay. Randall: We're calling this a recreational beachlot but there's no beach per se, correct? Al-Jaff: Under the city code a conditional use permit is required to allow a dock. 13 Chanhassen Planning Commission — February 21, 2017 Randall: Okay. And I was just wondering because I know one of those emails they talked about it and I was picturing you know beach balls being thrown around and you know barbeque on the grill and that type of thing and it's not going to he like that at all. Aller: And that's why I'm asking these questions. I want to get to what the actual use is as opposed to what we're calling it because I think that information needs to be out there to make a proper decision one way or another so. Does it impact the use of an individual from the water coming across the way they normally would? An individual wouldn't be allowed to beach on this property anyway correct? Al-Jaff: It's private property so. Aller: So no, it's not impacting my ability to go out there and boat and canoe and paddleboard and it's not changing anything that I normally would do or be allowed to do? Al-Jaff• Correct. You will not be able to use the dock to access the lake but other than that everything else should remain the same. Aller: Right. Al-Jaff: You want the trail then if you want to access the trail you will be able to do so. Aller: Okay. Weick: But if I wanted to walk down the path and walk through 100 whatever 40 feet of cattails, could I go swimming? And I'm not a resident of that area. I'm not going down the dock. I'm just coming down the path and I want to go for a swim. Could I walk through 150 feet of cattails and jump in the lake? Legally. Al-Jaff: You will be, based on what we have seen on all of our maps you would be trespassing. Weick: You would be, okay. Al-Jaff: You would be trespassing. Weick: On the lake side. Al-Jaff: On the lake side. Weick: Of the path, okay. A]-Jaff: Because the trail is limited. 14 Chanhassen Planning Commission — February 21, 2017 Weick: Got it. Al-Jaff: To an area within an easement. Anything beyond that is outside the trail way easement and you are on private property. Weick: I just wanted to clarify that. Aller: And so far edification an easement is really a permissive use. We're being granted permission to use that property for the purpose of ingress and egress for the trail to walk, to view, to see, to enjoy nature but not to run around the yards next to it? Al-Jaff: That is correct. Aller: Any additional questions at this time? Madsen: I have a question. Aller: Commissioner Madsen. Madsen: So the section that addresses recreational beachlots can also allow sailboats. A certain number for the length of the shore length. Now none are proposed here so if someone wanted to moor sailboats in the future would they have to come back and get approval? Al-Jaff: Right now we are, yes. Yes they will have to come in and get approval. Everything would have to be amended. Right now we are limiting it to 6 canoes. If they chose to use paddleboards. Madsen: Okay because sailboat mooring is different. That would be away from the dock. Al-Jaff: You are correct. Madsen: And that is not getting approved in this plan. Al-Jaff: That is correct. Madsen: Okay thank you. Al-Jaff: Sure. Aller: Any additional questions based on the staff report at this time? Hearing none if the applicant would like to come forward and make a presentation they can do so. Welcome sir. If 15 Chanhassen Planning Commission — February 21, 2017 you can state your name and address and your representational capacity if any that would be great. John Butcher: Yep, good evening. I'm John Butcher. I live at 6915 Lucy Ridge Lane and I'm part of the Lake Lucy Ridge HOA. The President is traveling and can't be here tonight so I'm representing the group. Just to be clear on a couple of points. I think you guys understand exactly what we're intending. I think the notice scared some people. It sounds aggressive like we are creating 5 acres worth of beach. Our intention all along is to just provide safe and consistent access for the people of the HOA to the lake. There are currently people as part of our neighborhood that try and take a canoe out into the water and it's pretty dangerous when you go through the cattails because all of a sudden you're walking on cattails then you sink a couple of feet and so we've had a couple of kids that had some close calls and it got us, I've only been in this neighborhood for a year and a half, just asking well our HOA owns the property that goes to the lake. How come we haven't ever looked at a dock and everyone said oh it's just too many hurdles so we decided to start trying to gently and gradually clear hurdles and understand what they might be and so we've been working with the City for the better part of about 8 months now to make sure that we are doing this in a safe and responsible way. We love this lake. We love this part of the lake. It's very serene and part of why we chose this house is because it is so, it's a wonderful place to be. I've lived in Chanhassen for 15 years and we love where we're located so we don't want to do anything that would in any way disrupt the wetland. So we're minimizing and you heard the City say that we now have zero impact to the wetland. That was intentional and it took us a while to get to that point because we don't want to disrupt anything either. We just want a way to go from the existing paved path to the lake and onto the lake in a way that we know that we can let our families go down there and not have to worry about it. The gate is proposed to, we've talked about a lot of different ways to keep people off of the dock who shouldn't be on there because obviously we want that too. From a liability standpoint we don't want someone coming onto the dock that shouldn't be there and then have something you know happen to them. The way that has been proposed to us that we think might be best is to, because it's very shallow along the cattails for a while is to a few feet into the dock place a gate that will not allow anyone to go beyond that section of the dock and then our kayaks, canoes, everything else would be stored at the end to prevent any dragging on and through the wetlands and also we thought that was just kind of a one size fits all solution to keep people off and keep anything else from having to be moored up on the shore so anyway that's I just wanted to make sure everyone understood our intentions and what we're hoping to get out of this and I'm happy to answer any questions that you guys might have or anyone else here for that matter because I know that there are people that probably are wondering what this is all about. Aller: Great. Any questions of the applicant at this point? Weick: No. Aller: Not at this time but we might have a couple later. 16 Chanhassen Planning Commission — February 21, 2017 John Butcher: I'm sticking around. Aller: Stick around. Randall: I have one question. John Butcher: Oh yes. Randall: Do you have any concerns with the proposed trail development coming around Lake Lucy with more traffic in the future? John Butcher: There have been some concerns just in general. You know the path obviously stops at Prince's land and. Randall: And with the situation changing with that property there might be more development sooner than later with that. John Butcher: Yeah we anticipate that which is why the gate was so important to us. Randall: Okay John Butcher: You know there's already quite, I mean it's surprising but, because our lot actually is one that abuts the trail so on one side you have a trail and the other side you have the lake. There's already, there's a lot of people that go and just walk to that dead end and then turn back around. And many people, as I'm sure you know walk all the way through that land because Prince just didn't care. He shared it with everybody so our chief concern, and actually I think I personally I would love for the trail to be extended down to Lake Ann because I just think it'd be great to be able to access more of the west side of those lakes. Our biggest concern was just how to keep people if there are hundreds of people a week on the trail, how to keep them off the dock and so we've been assured by, we've talked to multiple people who install docks and gates and this seems like the best way because there are potential overhangs that would hang over the top of the cattails and prevent someone from going over or around the gate to get onto the dock and so we thought the combination of that and then posting a sign to make sure people understand that it's private should be enough. Randall: And one more question. Where is your, what's your plan for off season storage for the dock? Is it going to be a year round dock or are you? John Butcher: We've talked about a couple of different options. One would be if we, if we don't think it, we think that this lake is small enough that we might just be able to leave it in in the winter and then minimize some of the other disruption of in and out. I don't think there's going to be a lot of heaving. My neighbor who uses this lake regularly has watched and he feels that that's probably the case. If we have to take it out we can store it off site. 17 Chanhassen Planning Commission — February 21, 2017 Randall: Okay. Alright. John Butcher: Yeah most of them do what? Leave it in or take it out? Aller: They take them out. John Butcher: They don't, okay. Aller: Based on those responses and questions any additional comments or questions? Hearing none thank you very much. I'll open up the public hearing portion of this item. This is an opportunity for those individuals present to come forward and speak either for or against this item. Please state your name and address for the record when coming forward. Welcome sir. Barry Dallavalle: Hello. My name is Barry Dallavalle. I'm at, live at 6960 Utica Lane and I'm representing the Lake Lucy Homeowners Association which is the other homeowners association on the lake that we have about 12 members that basically reside on the eastern and northern sides of the lake. On the face of it, on the face of this request we really don't, we do find it to be a reasonable one and a modest one and pretty much in line with how other lots are being used but we do have 2 concerns. One is that while the request is modest and this was brought up by some of you already, that as a recreational beachlot designation there are a lot more uses that it could have and we wanted to be sure that any expansion of what is asked for would require another public hearing so that we have a chance to weigh in on it, and that seems to be the case here. You know there are things in the city code that allows you to put gazeboes on there or put motorized boats on there so we would want to make sure that that amendment I think has been suggested by staff to stay with this proposal. Aller: You had two concerns? What was the second one? Barry Dallavalle: Yeah there's another. Another issue is probably the bigger one is that this lot is unlike any other lot that we have on the lake. All the other lots are privately owned and are owned by people who reside on that lot. This lot is kind of a, we see it as a kind of quasi public lot. It is restricted we understand to apparently 17 households that belong to the HOA. I don't know if that membership is restricted to those 17. Would it ever be expanded? But it's 17. We're only 12 so you can see that it's greatly expanding. Almost doubling the amount of users on Lake Lucy. Probably the biggest thing though is that since no one resides on that lot it's probably going to be difficult to police it. Self police it as to who's using it. Who's doing anything on that dock. Who are the people that are accessing it. I know that you know there's a security gate that's being ahead. Tbat's primarily for the vandalism or the access from the trail but you know anybody can go down there and I don't know if it's these 17 homeowners, you know is it their family, their friends, the relatives also have access to it so we have some concerns there about if something is going on there who would we contact? You know who M Chanhassen Planning Commission — February 21, 2017 would be the responsible party if there is one? What would be any recourse if there's some unusual activity going on there? We hope that doesn't happen but that's a concern that we have. Aller: Great, thank you. Barry Dallavalle: You're welcome. Aanenson: Mr. Chair can I answer that question? That was a good question. Aller: Please. Aanenson: Yep, we have a number of beachlots in the city that actually have kind of this situation where they're not attached to a property. If you were to go up on Minnewashta Parkway there's a number on Minnewashta Parkway. I know these very well because that was one of the fust things I did when I came to the City is permitted all those because they didn't limit the association size and so while, or the number of docks on the, they were tied to a subdivision but not necessarily how many. What was the expectation of how many slips could be put on at any one time so they were all given permits and then that was after we created this ordinance that we're looking at now. So we do have other situations where there's not direct, you're accessing something public. A public street to get down. Again Minnewashta comes to mind. There's a couple other ones that are also on Lotus Lake. Same situation. You're coming off of a public street and there's common, so the one key thing they have is they're tied to association and they're limited. In this circumstance as Sharmeen has pointed out, the association owns this property all of which is a wetland so you can't have a beach on a wetland. You can't put a structure on a wetland but for a dock so all those would require a permit so yes. This is tied to that association. We also do inspect beachlots. That's part of our, the planning department's job so we do check those annually and also if there's complaints we'll follow up on those. Often complaints go to the sheriff's office or just come in directly to the City and we'll follow up on those and that again is part of our job but the association will manage the beachlot and is tied to that number of homes. As far as someone else that might be, have access to using it they're still restricted to the 6 boats so that's up to the association how they manage it as long as it doesn't exceed the number of boats and their following any other rules of the lake and good behavior. Any other city nuisance issues that's how that's policed. Aller: Great. Any additional questions based on that? Alright hearing none, we're still in the public hearing portion so anyone wishing to come forward can still do so at this time. Thank you sir. Please state your name and address for the record. Scott Sather: M Scott Sather, 7090 Utica Lane. Aller: Welcome. 19 Chanhassen Planning Commission — February 21, 2017 Scott Sather: Hi. So one of my biggest concerns is somebody accessing Lake Ann through the public launch and there's a beaver dam now that's plugged up Lake Ann and the lake waters are a lot higher and we've had people, it's non -motorized Lake Ann but it's motorized on Lake Lucy and they're pushing their boats through the channel and then they're accessing Lake Lucy and it's, it can get really crowded on the weekends and my concern is somebody pushing a boat through and then maybe tying up to the new dock and people coming on and off the dock all weekend and then basically using the lake, not can they shore the boats at night? Tie them up. Can they jump on and off that sort of thing? Tbat's one of my biggest concerns because it gets really crowded fast and we're noticing that is a little bit of a problem lately. Aller: No and I appreciate your concerns. Living on Lake Lotus myself so I understand the wake and the slow wake and the motorized versus non -motorized and the desire to keep your property and to use your property and then at the same time to share it with everyone else on the lake and having public access there so there's that constant tension there that we all enjoy hopefully. Any additional comments or questions or concerns from the community at this point? Okay I'll close the public hearing portion of this item and open it to commissioner discussion and comments. Comments? Concerns? Yusuf. Seems straight forward to me. Aller: I think most of the concerns that are being voiced are good concerns as I said. I think that the staff report addresses most of them. If we go back in and we look at them I think based on the Findings of Fact and knowing that the delineation of this property and the wetland, it's already been delineated. It's already been filed. Notices have been provided to the appropriate agencies for the Wetland Conservation Act and none of those agencies have come forward to appeal those findings. It gives me a comfort level and the fact that we've in the past had conditional permits. Use permits revoked for misuse and abuse here in Chanhassen. I think we do a good job. I think it's the public's, it's on the public's dime to go ahead and call people and say this is what we see. This is what we're concerned about and I think the City will act on that. I think any expansion of this is clearly something that would have to come back to us and the City Council for approval so I'm going to vote in favor. Any additional comments, questions? Weick: I believe the intent is to you know for these families to use the lake and I think in the spirit of that intent it makes sense. I would like to address on the record though a comment that was made in one of the emails. I don't think I necessarily have to identify the email but it was noted in there that there's a concern that these, in quoting the hearing is a formality and the City has made up it's mind and I just want to go on the record as saying that these are not formality hearings and we do hear both, all of the neighbors and all of the concerns both for and against proposals. Whether it is in favor or not of what the City is recommending. This body is independent of that and I do want to put it on the record that these meetings are not mere formalities for the City. Aller: Your umbrage is noted. FA Chanhassen Planning Commission — February 21, 2017 Weick: Thank you. Aller: Yes Commissioner Madsen. Madsen: I do appreciate that there are specific restrictions on this outlet and that not, they don't, it does not allow for all recreational beachlot possible uses. It is restricted and it, they are trying to preserve the wetlands and I think that they've done a good job in trying to do that. Aller: I agree. Additional comments? If not I'll entertain a motion or further action. Weick: I'll propose a motion that the Chanhassen Planning Commission recommends approval of the Conditional Use Permit for the creation of a recreational beachlot. This is Planning Case 17-04 subject to the conditions of approval and adopts the attached Findings of Fact and Decision. Aller: I have a motion. Do I have a second? Randall: Second. Aller: Having a motion and a second, any further discussion or comment? Weick moved, Randall seconded that the Chanhassen Planning Commission recommends approval of the Conditional Use Permit for the creation of a Recreational Beachlot as shown in plans dated Received January 20, 2017, Planning Case 17-04 and subject to the following conditions and adopts the attached Findings of Fact and Decision: The beachlot shall contain no more than one dock with no more than 3 racks for the storage of 6 non -motorized watercrafts. The beachlot shall meet all requirements set forth for recreational beachlots in Section 20-263 of the City Code. The beachlot shall not be used as a boat launch and the City will post the appropriate signage. The applicant shall be responsible for the cost of signage and installation. 4. An amendment to the Conditional Use Permit shall be required for any changes to the beacblot including but not limited to: dock configuration, installation of portable chemical toilets, placement of boat racks, and placement of structures. 5. To the extent feasible the City may impose such conditions even after approval of the beachlot if the City finds it necessary. 21 Chanhassen Planning Commission — February 21, 2017 6. It should be noted that the only access to the private dock is via a public pedestrian trail owned and operated by the City of Chanhassen and open to the public. Prior to construction verification shall be received that the dock contractor is going to deliver twenty (20) sections of 4' x 10' dock by hand a distance of 1,000 feet and install the dock, canoe racks and security gate for a fee of $500. 8. Motorized vehicles cannot be utilized to deliver or retrieve watercraft or association gear to or from the dock. 9. There shall be no chemical or physical removal of emergent vegetation. 10. Emergent vegetation may be cut no lower than the normal water elevation from the centerline of the dock to a point no more than five (5) feet from the edge of the dock on either side. 11. The cross section of the wetland shall not be altered to accommodate placement of the dock or the approach to the dock. 12. No materials shall be stored within the wetland buffer except as allowed on the dock itself. 13. The applicant shall contact the Department of Natural Resources (DNR) and insure compliance with DNR regulations governing shoreland. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTE: Commissioner Yusuf noted the verbatim and summary Minutes of the Planning Commission meeting dated February 7, 2017 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Aanenson: Thank you Chair. I think we included in your packet the, kind of the annual report and that report will also be the genesis of your discussion when you have the joint meeting with the City Council on, it's in your calendar too so you want to make note of that. It is. I just had it here. It is the 20 of April. Monday night. So that's a meeting so we'll have our Planning Commission in place then and so then that meeting we'll talk about what the Planning Commission's been doing. So again as part of the charge of the commission to do an annual report by the end of March and so as we do every year here it is. We estimate as of April 1" our population will be at 25,273 so this is a number that we use. We put it on the website. Again a lot of the information, the planning staff generates a lot of statistical information that people 22 Chanhassen Planning Commission — February 21, 2017 want to use when they're looking to locate here. They're putting out for whether it's realtors or businesses want to move here so all that's updated into, if you go onto the City's home page under demographics there's some great information there. People looking for, to drill down on that. We also include the number of building permits. The 124 and then what we're estimating, which is 2.1 percent increase. And then we're also gave you some protections of what we're looking at for next year. We talked about the subdivisions that we did this year and what we're working on right now. You know obviously Avienda is one of the big ones and some of the downtown redevelopment that we've been doing. Also once we get done with the City Comprehensive Plan then there will be some code amendments. You saw the big, the changes are some significant ones that need to be updated. I would say one of the biggest ones was the, amending the temporary sales ordinance to allow special events that were kind of unique that didn't quite fit in there. And as you're aware we're working on meeting with all the stable owners to get clarification, to make sure they feel comfortable understanding what those rules are so kind of taking a step back on that and making sure these are marching together on that. So again we talk about the permits that we did. Now just kind of going through building inspections. Talking about what our average home value is so you can see our value from 2012 from $326,000 is up to just over $400,000. That would be your average home. And this next cycle we're again looking at, you see now that Fox Wood is underway. 'They're pulling the permits there on Lyman and, just south of Lyman on 101. Also that property that you saw before, Arbor Glen which is on the, just on the comer there would be the southwest corner. That one is coming in for final plat and that was the patio style homes so you'll see we have a range of price points. We're also looking at something potentially coming forward on the Klingelhutz so that will affect that range of prices too. So kind of tracking what we do annually as far as number of permits. We keep track of that by quarter. We also keep a lot supply inventory too so we're just showing that illustratively a couple different ways of the different type of products that we do so one of the permits that was issued this year too which kicked the numbers up was the additional building off of Powers Ridge. Right off of Powers Boulevard and there's one more building there yet to go so, and then ultimately if we do the redevelopment in the downtown core that one was approximately 130 units too so that affects. So we did a couple of subdivisions. Again we'll, Avienda's anticipating some multi -family. Potentially seniors apartments and some single family within that project too so depending on how that works through the process or gets approved we'll be seeing that so we just included those. Again population, percentage of increase over the years. The number of subdivisions that we did. And then some of the bigger office industrial and then of course the Chick-fil-A. And the west water treatment which is also underway. So as I mentioned before you know code enforcement isn't in here but that's a lot of what we do too so all the conditional uses we have on an annual schedule including beachlots and the like so that's part of our charge also so that's our annual report. Again we kind of talked about what we'll be spending our time, which you'll be looking at would be the Comprehensive Plan and Avienda's the biggest project and then we do have some smaller subdivisions that are already kind of in the works right now too so with that you'll be seeing that again when we put that packet out. But I'd also request from you if there's specific topics that you would like to put forward with the City Council, if you'd let me know then I'll 23 Chanhassen Planning Commission — February 21, 2017 make sure that that gets added to that work session agenda. 'Those things you may want to review with them so. Aller: Great, thank you. Aanenson: With that I do have the upcoming meetings. So for your March 7' one we do have a subdivision coming in and a variance so the subdivision. Let's see. I think, excuse me the subdivision's going for the 21'. The AUAR for Avienda will be a public hearing. If anybody's interested in that there will be an open house here next Tuesday. A week from today and that will be in the senior center, right next door here from 5:00 to 7:00 and just to be clear the AUAR is different than we're looking at the site plan. The AUAR is to look at project magnitude. It's to talk about traffic control. Road connections. Those sort of things. Maximum density development. When we look at the PUD we'll look more at the architecture, the types of uses, those will all be put together in that schedule but, so you will be having that public hearing on the March 7`s meeting so. If you're interested in coming to the open house you're welcomed to. Stop by. It's not a specific time so you can go to different stations and ask questions so I encourage you if you're interested in that to stop by for that. So I also tried to plug in on the Comprehensive Plan those dates. If you turn the page on the second page of the schedule so you can kind of see. Your work session we're going to do an overview of the comp plan but then we're going to kind of break down each one on different topics so I spread those out. Whether it's housing or environmental we'll do a little bit deeper dive on each of those and then we'll have the public hearing later on. I want to make sure that you feel comfortable with what we're putting out before we have the public hearing and then we'll take comments on that. So that's our upcoming schedule. We had no items that went forward to the City Council at the last meeting. You did approve, recommended approval for Tweet Dental. That is going Monday night to the City Council. As are the other code amendments but for the stable. So with that Chairman and Planning Commissioners that's all I had. Aller: 'Thank you. Aanenson: And then we will adjourn into the interviews. We'll go into the Fountain Conference room. Aller: Okay, having no further business I'll entertain a motion to adjourn. Yusuf moved to adjourn the meeting. Chairman Aller noted the motion was non - debatable. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:15 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 24 CHANHASSEN CITY COUNCIL REGULAR MEETING MARCH 13, 2017 Mayor Laufenburger called the City Council meeting to order at 7:15 p.m. The meeting was opened with the Pledge to the Flag which was led by Boy Scout Adam Seward. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Roger Knutson PUBLIC PRESENT: Eric Liu 7710 Penn Avenue So. Irene Chen 7710 Penn Avenue So. Zhexin Zhang 1455 Bethesda Circle Adam Seward 8031 Cheyenne Avenue Ryan Majkrzak 9001 Lake Riley Boulevard Eric Benson 242 Lakeview Road J.J. Slygb 350 Chesterfield Lane John Butcher 6915 Lucy Ridge Lane Lauren Dale 2487 Bridle Creek Trail Mayor Laufenburger: Thank you Adam. Welcome to this council meeting, those of you that are present here in the chamber as well as those of you that are watching on either Mediacom cable channel at home or via the web through our livestream. For the record let it reflect that all members of the council are present this evening and our first item tonight is the agenda. Council members are there any modifications to the agenda? If not we will proceed with the agenda as printed. CONSENT AGENDA: Councilwoman Tjornhom moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: Approve City Council Minutes dated February 27, 2017 2. Receive Planning Commission Minutes dated February 21, 2017 Item Deleted. Chanhassen City Council — March 13, 2017 4. Resolution #2017-15: Park Road/Park Place Street Rehabilitation Project 16-04: Accept Addendum to Feasibility Study, Call the Public Hearing. Resolution #2017-16: Orchard Lane Area Street and Utility Reconstruction Project 18- 01: Award Consultant Contract. 6. Resolution #2017-17: 2017 Street Rehabilitation (Lake Susan Hills Neighborhood) Project 17-01: Call Assessment Hearing. Resolution #2017-18: 2017 Sealcoat Project 17-02: Accept Bids and Award Contract. 8. Resolution #2017-19: 2017 Well Rehabilitation Project 17-03: Accept Quotes and Award Contract. 9. Approve City Code Amendment Section 4-15(a)(3) Removing Renewal Fee for Liquor License Background Investigations. 10. Lake Lucy Ridge — Approve Conditional Use Permit for the Creation of a Five -Acre Recreational Beachlot (dock) for the Lake Lucy Ridge Subdivision on property zoned Single Family Residential and Located South of Lake Lucy Road, on the Northwest Comer of Lake Lucy. Owner: Lake Lucy Ridge Homeowners Association. Applicant: Greg McGuirk. 11. Approve Award of Quote for Purchase of Park Shelters for Minnewashta Heights Park, Herman Field Park, and South Lotus Lake Park. 12. Accept Donation of Adjustable Basketball Hoop for Riley Ridge Park from Reflections at Lake Riley Neighborhood. 13. Resolution #2017-20: Adopt Resolution Reaffirming City Authority to Manage Public Rights -of -Way. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Before I move to visitor presentation I just want to acknowledge that we have some people with us tonight from Riley. Reflections of Lake Riley, excuse me and they have made a donation for a basketball hoop, an adjustable basketball hoop at Riley Ridge Park. We want to thank you very much for your donation and I know that Mr. Hoffman will make good use of that in putting in what hope to be an all weather basketball hoop. And of course we're going to expect some McDonald's All Americans coming out of that neighborhood. Okay, can we count on that? Alright so thank you very much for your support and for your participation in the community. March 23, 2017 CITY OF C HANHASSE N Chanhassen is a Communityfor Life-ProvidingforToday and Planning forTomorrow Mr. Greg McGuirk Lake Lucy Ridge Homeowners Association 1770 Lucy Ridge Court Chanhassen, MN 55317 Re: Lake Lucy Ridge Recreational Beachlot Conditional Use Permit Planning Case #2017-04 Dear Mr. McGuirk: This letter is to confirm that on March 13, 2017, the Chanhassen City Council adopted the Wowing motion: The City Council approves Conditional Use Permit and Wetland Alteration Permit for the creation of a Recreational Beachlot as shown in plans dated received January 20, 2017 — Planning Case 17- 04 - subject to the following conditions: 1. The beachlot shall contain no more than 1 dock, with no more than 3 racks for the storage of 6 nonmotorized watercrafts. 2. The beachlot shall meet all requirements set forth for recreational beachlots in Section 20- 263 of the City Code. 3. The beachlot shall not be used as a boat launch and the city will post the appropriate signage. The applicant shall be responsible for the cost of signage and installation. 4. An amendment to the Conditional Use Permit shall be required for any changes to the beachlot including but not limited to: dock configuration, installation of portable chemical toilets, placement of boat racks, and placement of structures. To the extent feasible, the city may impose such conditions even after approval of the beachlot if the city finds it necessary. 6. It should be noted that the only access to the private dock is via a public pedestrian trail owned and operated by the City of Chanhassen and open to the public. PH9s2.227.mo • www.d.chanhassen.mn.us • Fx9s2.227.t110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Letter of Approval - Lake Lucy Ridge Recreational Beachlot Conditional Use Permit March 23, 2017 Page 2 of 2 7. Prior to construction, verification shall be received that the dock contractor is going to deliver twenty sections of 4' x 10' dock by hand a distance of 1000 feet and install the dock, canoe racks and security gate for a fee of $500. 8. Motorized vehicles cannot be utilized to deliver or retrieve watercraft or associated gear to or from the dock. 9. There shall be no chemical or physical removal of emergent vegetation. 10. Emergent vegetation may be cut no lower than the normal water elevation from the centerline of the dock to a point no more than five (5) feet from the edge of the dock on either side. 11. The cross section of the wetland shall not be altered to accommodate placement of the dock or the approach to the dock. 12. No materials shall be stored within the wetland buffer except as allowed on the dock itself. 13. The applicant shall contact the Department of Natural Resources (DNR) and insure compliance with DNR regulations governing shoreland." If you have any questions or need additional information, please contact me at (952) 227-1134 or by email at saljaff@ci.chanhassen.mn.us Sharmeen AI-Jaff Senior Planner ec: Terry Jeffery, Water Resources Coordinator Todd Hoffman, Park and Recreation Director g:\plan\2017 planning cases\17-04 lake lucy ridge beachlot\approval letter.docx VA Y<LT£55 CITY OF CHANIIASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen. nnn. us A 51+: 7a8@ y2ryG ap' .- hers_ 4r. ](0, 2 '�0ss PQST'M D PITNEY Bowes 02 1P $ 000.46° 0003195036 FEB 092017 MAILED FROM ZIP CODE 55317 Disclaimer -ufr! 114;,' wQW 9-r- C1— This map is neither a legally recorded map nor a survey and is not intend h RAF 14 �^, ry (S 7" 71 �' as one. This map is a compilation of records, information and data low` pS!4 'r R I`4 e a ktri P —+ j2 &. /� city, county, state and federal offices and other sources regarding the ar /r !a ^- Tii $ S S Te $ ? is to be used for reference purposes only. The City does not w �� {'(+ j & sw 'Z $ _ 2 $ a A $ $ rj t Geographic Information System (GIS) Data used to prepare this map arc �I ij j"+1�t jj;� „ F 5 4 9 C'F A Tp 1 j+ the City does not represent that the GIS Data can be used for navigational, tract'.' + j =>>: any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If erors or discrepancies are found please i1 tt j+I jr�++�j j' jt "S contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota I t jtrr't rr Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City GOLDtr. 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, as employees or agents, or third parties which arse out of the user's access or use of data provided. Notice of Public Hearing Chanhassen Planning Commission M:eting Date & Time: Tuesday, February212017 at`7:00 p.m. This hearing may not start until later in the evening , de, erfdin on the order of the agenda. Location: City Hall Council Chambers 7700 Market Blvd. Request for a conditional use permit and a wetland alteration permit for the creation of a 5 -acre recreational beach lot for Proposal: the Lake Lucy Ridge Subdivision Residents. The request includes a private seasonal dock serving non -motorized watercraft and a cone rack for six vessels. Applicant: Lake Lucy Homeowners Association Property South of Lake Lucy Road, on the northwest cornenef Lake Lucy. Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inforr- you about the applicant's request and to obtain input from, ine neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the,following steps: at the Meeting: 1. Staff will give an overview of the: proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discu, _ the project. If you want to see the plans before the meeting, please the City's projects web page at: www.ci.chanhassen.mn.us/2017-04. If you wish to to someone about this project, please contact Sharmeen Questions & by email at saljaffCOci.chanhassen.mn.us or by phone Comments: 227-1134. If you choose to submit written comments, h helpful to have one copy to the department in advance meeting. Staff will provide copies to the Commission. staff report for this item will be available online on project web site listed above the Thursday prior to Planning Commission meeting. EWI Sign up to receive email and/or text notifications when meeting age packets, minutes and videos are uploaded to the city's Website. Go to www.ci.chanhassen.mn.ustnotifyme to sign u I City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezw Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. ( ordinances require all property within 500 feet of the subject site to w notified of the application in writing. Any interests invited to attend the meeting. • Staff prepares a report on the subject application that includes all pediment information and a recommedcalion. These r available by request. Al the Planning Commission meeting, staff will give a verbal overview of the report antl a recommi The item will W owned for Me public to speak about the proposal as a pan of the hearing process. The Commission w public hearing and discuss the item and make a recommendation to the City Council. The City Counul may reverse, aft wholly or partly the Planning Commission's recommendation. Rezonings. land use and code amendments take a simple vote of Me City Council except rezonings and land use amendments from residential to commerualndustnal. • Minneaota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives Chit Some applications due to their complexity may take several months to complete. Any person wishing to follow an item I process should check with the Planning Department regarding its statue and scheduling for the City Council meeting. • A neighborhood spokespersaNrepresenletive is encouraged to provide a contact for the city. Often developers are enc meet with the neighborhood regarding their proposal. Staff to also available M review the project with any interested pe • Because the Planning Commission holds the Public hearing, the City Counal does not. Minutes are taken and any corn regarding the application will be induced in the report to the City Council. M you wish to have something to be included please contact the Planning Staff person named on the notification 7- W Chanhassen Planning Commission — February 21, 2017 Undestad moved, Yusuf seconded that the Chanhassen Planning Commission recommends approval of the variance request to allow a wall sign along the east facade of the building at 400-416 West 78th Street and a monument sign located with the parking lot's 10 foot setback, subject to the following conditions and adopts the attached Findings of Fact and Decision: The applicant must apply for and receive the required sign permits from the City. 2. The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east facade must comply with all provisions of the City Code, and the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision in the later that limits signage to the south elevation. 4. The ground low profile sign must meet the sign code's design criteria and follow the standards for the Central Business District (CBD). The ground low profile sign may not be located within the sight distance triangle depicted in the attachment. 6. If the ash tree is removed a tree must be replaced with one shade tree. The tree shall be a minimum size of 2 inch diameter. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: LAKE LUCY RIDGE — CONDITIONAL USE PERMIT AND A WETLAND ALTERATION PERMIT FOR THE CREATION OF A 5 ACRE RECREATIONAL BEACHLOT FOR THE LAKE LUCY RIDGE SUBDIVISION RESIDENTS. THE REQUEST INCLUDES A PRIVATE SEASONAL DOCK SERVING NON -MOTORIZED WATERCRAFT AND A CANOE RACK FOR SIX VESSELS. THE SITE IS LOCATED SOUTH OF LAKE LUCY ROAD ON THE NORTHWEST CORNER OF LAKE LUCY ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL. OWNER: LAKE LUCY HOMEOWNERS ASSOCIATION. APPLICANT: GREG MCGUIRIL Aller: And for the record we've received several emails which I know staff will discuss in their presentation which came in after the original filing of the report. They will be received. They'll be made part of the record and they will be forwarded to the City Council for review as well. Al -Jaffa Chairman Aller, members of the Planning Commission. The application before you today is for a beachlot. The location of the site is south of Lake Lucy Road and on the northwest corner of Lake Lucy. It is legally described as Outlot B of Lake Lucy Ridge Addition. Just a 10 Chanhassen Planning Commission — February 21, 2017 brief history on this site. On May 281 of 2002 the City Council approved a final plat for a subdivision consisting of 17 lots and 2 outlots. Outlot B, which is the subject site for this evening is intended or contains a trail that is a regional trail and it also has a storm pond. Typically it is the City's policy to take ownership of such parcels, specifically when they are along a lake and have environmental features on them mainly because we want to preserve them in their natural state. In this case there is an easement over the trail as well as a drainage and utility easement over the storm pond. Initially the developer had intended to deed the outlot to the City. However the homeowners association ended up maintaining ownership of this outlot. So as I mentioned earlier this is a conditional use permit for the creation of a recreational beachlot. One of the things that we need to point out is that initially we advertised for both a conditional use as well as a wetland alteration permit in the event that there was an impact to the wetlands while reviewing the application and the construction plans. It was clear to us that there would be a no loss in wetland function or values as defined in the Minnesota Wetlands Conservation Act. As such there is no need for a wetland alteration permit. Just a conditional use permit. So with the proposed layout for the site, Outlot B is intended to contain the, a dock that would be able to allow homeowners association members for Lake Lucy Ridge to access the lake. The area of Outlot B is 5 acres and it will serve the 17 homes within this development. The dock is proposed to have a length of 160 feet that will be extending out onto Lake Lucy and there will be a T -bar at the end of the, a T -bar at the end of the dock that is 25 feet wide. One of the concerns that we have had lengthy discussions about with the homeowners association's representatives regarding this proposal deals with access to this proposed beachlot as well as the dock area. So access to the beachlot is via this trail. This is a regional trail. It is owned and maintained by the City. What we need to elaborate on with specifically with this portion of the trail is that it is only a small section of a much larger trail system that will eventually extended beyond Lake Ann. As the trail segments get built, and that will happen as properties in the surrounding area develop, it will generate additional traffic and with that there is the potential that it may general some trespassing complaints. We talked about this issue at length with the applicants. Their proposal calls for a gate on the dock and on that gate there would be a sign that will read private dock, no trespassing and staff pulled up some examples of gates that have been used. One of the other elements that are proposed on the lake is a double paddleboard, canoe, kayak rack. There will be a total of 3 of those elements and, for a total of 6 non -motorized watercrafts. Staff is recommending approval of this application with conditions. There have been several emails that have been submitted to the City and staff would like to address them very briefly touch on some of these elements that have been pointed out. The first one deals with the name of the homeowners association. The public hearing notice that was mailed out stated Lake Lucy Homeowners Association. It should have said Lake Lucy Ridge Homeowners Association so that is one correction that staff is making on the record. There was some discussion regarding potentially the City owning the parcel and prior to the Lake Lucy Ridge subdivision being developed there were conversations between city staff and the homeowners, or the landowner at the time. That acquisition did not occur. There were some concerns dealing with the beachlot. What will happen if they choose to intensify the use of this beachlot? We need to point out that any amendment, any changes to the beachlot will require an amendment of the conditional use permit. What the City is approving is strictly based on plans that were 11 Chanhassen Planning Commission — February 21, 2017 submitted January 20, 2017 which show a dock as well as a canoe rack. One of the comments that was also made in the email or question that was raised is would the approval of this application place restrictions on the current users of the lake and the answer is no. There are no restrictions whatsoever. Another email that was received basically pointed out that the canoes should not exceed 6 in number and that is one of the conditions of approval. It's what the applicant is requesting and what staff is recommending. There was a statement that there is a beach area that is being introduced with this request and as you saw on the plans there is no beach proposed. Another statement dealt with a chainlink fence proposed to be erected in close proximity to the back lots of several homes in, on Steller Court. Staff is not aware of such a proposal. There is a statement made regarding devaluation of properties in the surrounding area and that taxes should be lowered on these properties and potential noise complaints. And one of the last comments in those emails deals with may be providing public access along Lake Lucy for neighboring properties to use non -motorized canoes out on the lake and not limited to the homeowners association requesting the conditional use permit. That summarizes the entails that we received and I'll be happy to answer any questions. Aller: Thank you. I have a few. The first one is with the notice. The notices went out to the appropriate homeowners that were within range and are impacted according to code, correct? Al -Jaffa It went out to people within 500 feet as well as all individuals that own property along Lake Lucy. Aller: Okay great. Then the second thing would be is there anything that would preclude other than our typical zoning and building codes that would stop an individual from building a fence on this property without this request? Al -Jaffa Meaning on Outlot B? Aller: On Outlot B. Al -Jaffa They will have to meet all shoreland as well as DNR requirements. Aller: But they could do it without creating this little functionary location? Al -Jaffa Yes. Aller: Okay. And then with regard to access to the property, how are we treating the access to Outlot B? AI -Jaffa It is a public trail that the application would be using. This is the public trail and anyone can use it. One of the things that we did state in the staff report and we've talked to the applicant about this is how do they intend to build the dock because motorized vehicles are not permitted on public trails and they are aware of that. They did contact and have a conversation 12 Chanhassen Planning Commission — February 21, 2017 with their contractor. The contractor agreed to build it without motorized vehicles on the trail. We questioned the bid that came back. It was a little low and requested that the applicant basically confirm that this is what they will be charging them and I had a phone conversation with the applicant stating that, that is the case. Aller: If this is moved forward does it impact the ability for me to go down there and use the trail? AI -Jaffa No. Aller: Portage my own canoe down to the bottom or my own board to the bottom and use it. Al -Jaffa You? There is no public access. This is a private access. The public may use the trail. However this is a private dock and anyone that goes on the dock would be trespassing unless they are part of the association. Aller: Okay so my question is, the use of the regional trail is open to the public. Al -Jaffa That's correct. Aller: Does it allow for me, can I get down there and get access without using the dock? Or the proposed dock. To the water. AI -Jaffa No. Weick: Because of natural barriers or? Aanenson: Correct. Weick: Okay. Aanenson: The wetland. Weick: Right so it's physically difficult to drag a canoe down the trail and it's naturally difficult to actually get it into the water. Aller: Right. Weick: Okay. Randall: We're calling this a recreational beachlot but there's no beach per se, correct? Al -Jaffa Under the city code a conditional use permit is required to allow a dock. 13 Chanhassen Planning Commission — February 21, 2017 Randall: Okay. And I was just wondering because I know one of those emails they talked about it and I was picturing you know beach balls being thrown around and you know barbeque on the grill and that type of thing and it's not going to be like that at all. Aller: And that's why I'm asking these questions. I want to get to what the actual use is as opposed to what we're calling it because I think that information needs to be out there to make a proper decision one way or another so. Does it impact the use of an individual from the water coming across the way they normally would? An individual wouldn't be allowed to beach on this property anyway correct? Al -Jaffa It's private property so. Aller: So no, it's not impacting my ability to go out there and boat and canoe and paddleboard and it's not changing anything that I normally would do or be allowed to do? AI -Jaffa Correct. You will not be able to use the dock to access the lake but other than that everything else should remain the same. Aller: Right. AI -Jaffa You want the trail then if you want to access the trail you will be able to do so. Aller: Okay. Weick: But if I wanted to walk down the path and walk through 100 whatever 40 feet of cattails, could Igo swimming? And I'm not a resident of that area. I'm not going down the dock. I'm just coming down the path and I want to go for a swim. Could I walk through 150 feet of cattails and jump in the lake? Legally. Al -Jaffa You will be, based on what we have seen on all of our maps you would be trespassing. Weick: You would be, okay. AI -Jaffa You would be trespassing. Weick: On the lake side. Al -Jaffa On the lake side. Weick: Of the path, okay. Al -Jaffa Because the trail is limited. 14 Chanhassen Planning Commission — February 21, 2017 Weick: Got it. Al -Jaffa To an area within an easement. Anything beyond that is outside the trail way easement and you are on private property. Weick: I just wanted to clarify that. Aller: And so far edification an easement is really a permissive use. We're being granted permission to use that property for the purpose of ingress and egress for the trail to walk, to view, to see, to enjoy nature but not to run around the yards next to it? Al -Jaffa That is correct. Aller: Any additional questions at this time? Madsen: I have a question. Aller: Commissioner Madsen. Madsen: So the section that addresses recreational beachlots can also allow sailboats. A certain number for the length of the shore length. Now none are proposed here so if someone wanted to moor sailboats in the future would they have to come back and get approval? Al -Jaffa Right now we are, yes. Yes they will have to come in and get approval. Everything would have to be amended. Right now we are limiting it to 6 canoes. If they chose to use paddleboards. Madsen: Okay because sailboat mooring is different. That would be away from the dock. Al -Jaffa You are correct. Madsen: And that is not getting approved in this plan. Al -Jaffa That is correct. Madsen: Okay thank you. Al -Jaffa Sure. Aller: Any additional questions based on the staff report at this time? Hearing none if the applicant would like to come forward and make a presentation they can do so. Welcome sir. If 15 Chanhassen Planning Commission — February 21, 2017 you can state your name and address and your representational capacity if any that would be great. John Butcher: Yep, good evening. I'm John Butcher. I live at 6915 Lucy Ridge Lane and I'm part of the Lake Lucy Ridge HOA. The President is traveling and can't be here tonight so I'm representing the group. Just to be clear on a couple of points. I think you guys understand exactly what we're intending. I think the notice scared some people. It sounds aggressive like we are creating 5 acres worth of beach. Our intention all along is to just provide safe and consistent access for the people of the HOA to the lake. There are currently people as part of our neighborhood that try and take a canoe out into the water and it's pretty dangerous when you go through the cattails because all of a sudden you're walking on cattails then you sink a couple of feet and so we've had a couple of kids that had some close calls and it got us, I've only been in this neighborhood for a year and a half, just asking well our HOA owns the property that goes to the lake. How come we haven't ever looked at a dock and everyone said oh it's just too many hurdles so we decided to start trying to gently and gradually clear hurdles and understand what they might be and so we've been working with the City for the better part of about 8 months now to make sure that we are doing this in a safe and responsible way. We love this lake. We love this part of the lake. It's very serene and part of why we chose this house is because it is so, it's a wonderful place to be. I've lived in Chanhassen for 15 years and we love where we're located so we don't want to do anything that would in any way disrupt the wetland. So we're minimizing and you heard the City say that we now have zero impact to the wetland. That was intentional and it took us a while to get to that point because we don't want to disrupt anything either. We just want a way to go from the existing paved path to the lake and onto the lake in a way that we know that we can let our families go down there and not have to worry about it. The gate is proposed to, we've talked about a lot of different ways to keep people off of the dock who shouldn't be on there because obviously we want that too. From a liability standpoint we don't want someone coming onto the dock that shouldn't be there and then have something you know happen to them. The way that has been proposed to us that we think might be best is to, because it's very shallow along the cattails for a while is to a few feet into the dock place a gate that will not allow anyone to go beyond that section of the dock and then our kayaks, canoes, everything else would be stored at the end to prevent any dragging on and through the wetlands and also we thought that was just kind of a one size fits all solution to keep people off and keep anything else from having to be moored up on the shore so anyway that's I just wanted to make sure everyone understood our intentions and what we're hoping to get out of this and I'm happy to answer any questions that you guys might have or anyone else here for that matter because I know that there are people that probably are wondering what this is all about. Aller: Great. Any questions of the applicant at this point? Weick: No. Aller: Not at this time but we might have a couple later. 16 Chanhassen Planning Commission — February 21, 2017 John Butcher: I'm sticking around. Aller: Stick around. Randall: I have one question. John Butcher: Oh yes. Randall: Do you have any concerns with the proposed trail development coming around Lake Lucy with more traffic in the future? John Butcher: There have been some concerns just in general. You know the path obviously stops at Prince's land and. Randall: And with the situation changing with that property there might be more development sooner than later with that. John Butcher: Yeah we anticipate that which is why the gate was so important to us. Randall: Okay. John Butcher: You know there's already quite, I mean it's surprising but, because our lot actually is one that abuts the trail so on one side you have a trail and the other side you have the lake. There's already, there's a lot of people that go and just walk to that dead end and then turn back around. And many people, as I'm sure you know walk all the way through that land because Prince just didn't care. He shared it with everybody so our chief concern, and actually I think I personally I would love for the trail to be extended down to Lake Ann because I just think it'd be great to be able to access more of the west side of those lakes. Our biggest concern was just how to keep people if there are hundreds of people a week on the trail, how to keep them off the dock and so we've been assured by, we've talked to multiple people who install docks and gates and this seems like the best way because there are potential overhangs that would hang over the top of the cattails and prevent someone from going over or around the gate to get onto the dock and so we thought the combination of that and then posting a sign to make sure people understand that it's private should be enough. Randall: And one more question. Where is your, what's your plan for off season storage for the dock? Is it going to be a year round dock or are you? John Butcher: We've talked about a couple of different options. One would be if we, if we don't think it, we think that this lake is small enough that we might just be able to leave it in in the winter and then minimize some of the other disruption of in and out. I don't think there's going to be a lot of heaving. My neighbor who uses this lake regularly has watched and he feels that that's probably the case. If we have to take it out we can store it off site. IFIA Chanhassen Planning Commission — February 21, 2017 Randall: Okay. Alright. John Butcher: Yeah most of them do what? Leave it in or take it out? Aller: They take them out. John Butcher: They don't, okay. Aller: Based on those responses and questions any additional comments or questions? Hearing none thank you very much. I'll open up the public hearing portion of this item. This is an opportunity for those individuals present to come forward and speak either for or against this item. Please state your name and address for the record when coming forward. Welcome sir. Barry Dallavalle: Hello. My name is Bary Dallavalle. I'm at, live at 6960 Utica Lane and I'm representing the Lake Lucy Homeowners Association which is the other homeowners association on the lake that we have about 12 members that basically reside on the eastern and northern sides of the lake. On the face of it, on the face of this request we really don't, we do find it to be a reasonable one and a modest one and pretty much in line with how other lots are being used but we do have 2 concerns. One is that while the request is modest and this was brought up by some of you already, that as a recreational beachlot designation there are a lot more uses that it could have and we wanted to be sure that any expansion of what is asked for would require another public hearing so that we have a chance to weigh in on it, and that seems to be the case here. You know there are things in the city code that allows you to put gazeboes on there or put motorized boats on there so we would want to make sure that that amendment I think has been suggested by staff to stay with this proposal. Aller: You had two concerns? What was the second one? Barry Dallavalle: Yeah there's another. Another issue is probably the bigger one is that this lot is unlike any other lot that we have on the lake. All the other lots are privately owned and are owned by people who reside on that lot. This lot is kind of a, we see it as a kind of quasi public lot. It is restricted we understand to apparently 17 households that belong to the HOA. I don't know if that membership is restricted to those 17. Would it ever be expanded? But it's 17. We're only 12 so you can see that it's greatly expanding. Almost doubling the amount of users on Lake Lucy. Probably the biggest thing though is that since no one resides on that lot it's probably going to be difficult to police it. Self police it as to who's using it. Who's doing anything on that dock. Who are the people that are accessing it. I know that you know there's a security gate that's being ahead. That's primarily for the vandalism or the access from the trail but you know anybody can go down there and I don't know if it's these 17 homeowners, you know is it their family, their friends, the relatives also have access to it so we have some concerns there about if something is going on there who would we contact? You know who 18 Chanhassen Planning Commission — February 21, 2017 would be the responsible party if there is one? What would be any recourse if there's some unusual activity going on there? We hope that doesn't happen but that's a concern that we have. Aller: Great, thank you. Barry Dallavalle: You're welcome. Aanenson: Mr. Chair can I answer that question? That was a good question. Aller: Please. Aanenson: Yep, we have a number of beachlots in the city that actually have kind of this situation where they're not attached to a property. If you were to go up on Minnewashta Parkway there's a number on Minnewashta Parkway. I know these very well because that was one of the first things I did when I came to the City is permitted all those because they didn't limit the association size and so while, or the number of docks on the, they were tied to a subdivision but not necessarily how many. What was the expectation of how many slips could be put on at any one time so they were all given permits and then that was after we created this ordinance that we're looking at now. So we do have other situations where there's not direct, you're accessing something public. A public street to get down. Again Minnewashta comes to mind. There's a couple other ones that are also on Lotus Lake. Same situation. You're coming off of a public street and there's common, so the one key thing they have is they're tied to association and they're limited. In this circumstance as Sharmeen has pointed out, the association owns this property all of which is a wetland so you can't have a beach on a wetland. You can't put a structure on a wetland but for a dock so all those would require a permit so yes. This is tied to that association. We also do inspect beachlots. That's part of our, the planning department's job so we do check those annually and also if there's complaints we'll follow up on those. Often complaints go to the sheriff s office or just come in directly to the City and we'll follow up on those and that again is part of our job but the association will manage the beachlot and is tied to that number of homes. As far as someone else that might be, have access to using it they're still restricted to the 6 boats so that's up to the association how they manage it as long as it doesn't exceed the number of boats and their following any other Hiles of the lake and good behavior. Any other city nuisance issues that's how that's policed. Aller: Great. Any additional questions based on that? Alright hearing none, we're still in the public hearing portion so anyone wishing to come forward can still do so at this time. Thank you sir. Please state your name and address for the record. Scott Sather: Hi Scott Sather, 7090 Utica Lane. Aller: Welcome. 19 Chanhassen Planning Commission — February 21, 2017 Scott Sather: M. So one of my biggest concerns is somebody accessing Lake Ann through the public launch and there's a beaver dam now that's plugged up Lake Ann and the lake waters are a lot higher and we've had people, it's non -motorized Lake Ann but it's motorized on Lake Lucy and they're pushing their boats through the channel and then they're accessing Lake Lucy and it's, it can get really crowded on the weekends and my concern is somebody pushing a boat through and then maybe tying up to the new dock and people coming on and off the dock all weekend and then basically using the lake, not can they shore the boats at night? Tie them up. Can they jump on and off that sort of thing? That's one of my biggest concerns because it gets really crowded fast and we're noticing that is a little bit of a problem lately. Aller: No and I appreciate your concerns. Living on Lake Lotus myself so I understand the wake and the slow wake and the motorized versus non -motorized and the desire to keep your property and to use your property and then at the same time to share it with everyone else on the lake and having public access there so there's that constant tension there that we all enjoy hopefully. Any additional comments or questions or concerns from the community at this point? Okay I'll close the public hearing portion of this item and open it to commissioner discussion and comments. Comments? Concerns? Yusuf. Seems straight forward to me. Aller: I think most of the concerns that are being voiced are good concerns as I said. I think that the staff report addresses most of them. If we go back in and we look at them I think based on the Findings of Fact and knowing that the delineation of this property and the wetland, it's already been delineated. It's already been filed. Notices have been provided to the appropriate agencies for the Wetland Conservation Act and none of those agencies have come forward to appeal those findings. It gives me a comfort level and the fact that we've in the past had conditional permits. Use permits revoked for misuse and abuse here in Chanhassen. I think we do a good job. I think it's the public's, it's on the public's dime to go ahead and call people and say this is what we see. This is what we're concerned about and I think the City will act on that. I think any expansion of this is clearly something that would have to come back to us and the City Council for approval so I'm going to vote in favor. Any additional comments, questions? Weick: I believe the intent is to you know for these families to use the lake and I think in the spirit of that intent it makes sense. I would like to address on the record though a comment that was made in one of the emails. I don't think I necessarily have to identify the email but it was noted in there that there's a concern that these, in quoting the hearing is a formality and the City has made up it's mind and I just want to go on the record as saying that these are not formality hearings and we do hear both, all of the neighbors and all of the concerns both for and against proposals. Whether it is in favor or not of what the City is recommending. This body is independent of that and I do want to put it on the record that these meetings are not mere formalities for the City. Aller: Your umbrage is noted. Chanhassen Planning Commission — February 21, 2017 Weick: Thank you. Aller: Yes Commissioner Madsen. Madsen: I do appreciate that there are specific restrictions on this outlot and that not, they don't, it does not allow for all recreational beachlot possible uses. It is restricted and it, they are trying to preserve the wetlands and I think that they've done a good job in trying to do that. Aller: I agree. Additional comments? If not I'll entertain a motion or further action. Weick: I'll propose a motion that the Chanhassen Planning Commission recommends approval of the Conditional Use Permit for the creation of a recreational beachlot. This is Planning Case 17-04 subject to the conditions of approval and adopts the attached Findings of Fact and Decision. Aller: I have a motion. Do I have a second? Randall: Second. Aller: Having a motion and a second, any further discussion or comment? Weick moved, Randall seconded that the Chanhassen Planning Commission recommends approval of the Conditional Use Permit for the creation of a Recreational Beachlot as shown in plans dated Received January 20, 2017, Planning Case 17-04 and subject to the following conditions and adopts the attached Findings of Fact and Decision: The beachlot shall contain no more than one dock with no more than 3 racks for the storage of 6 non -motorized watercrafts. 2. The beachlot shall meet all requirements set forth for recreational beachlots in Section 20-263 of the City Code. The beachlot shall not be used as a boat launch and the City will post the appropriate signage. The applicant shall be responsible for the cost of signage and installation. 4. An amendment to the Conditional Use Permit shall be required for any changes to the beachlot including but not limited to: dock configuration, installation of portable chemical toilets, placement of boat racks, and placement of structures. 5. To the extent feasible the City may impose such conditions even after approval of the beachlot if the City finds it necessary. 21 Chanhassen Planning Commission — February 21, 2017 6. It should be noted that the only access to the private dock is via a public pedestrian trail owned and operated by the City of Chanhassen and open to the public. Prior to construction verification shall be received that the dock contractor is going to deliver twenty (20) sections of 4' x 10' dock by hand a distance of 1,000 feet and install the dock, canoe racks and security gate for a fee of $500. 8. Motorized vehicles cannot be utilized to deliver or retrieve watercraft or association gear to or from the dock. 9. There shall be no chemical or physical removal of emergent vegetation. 10. Emergent vegetation may be cut no lower than the normal water elevation from the centerline of the dock to a point no more than five (5) feet from the edge of the dock on either side. 11. The cross section of the wetland shall not be altered to accommodate placement of the dock or the approach to the dock. 12. No materials shall be stored within the wetland buffer except as allowed on the dock itself. 13. The applicant shall contact the Department of Natural Resources (DNR) and insure compliance with DNR regulations governing shoreland. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTE: Commissioner Yusuf noted the verbatim and summary Minutes of the Planning Commission meeting dated February 7, 2017 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Aanenson: Thank you Chair. I think we included in your packet the, kind of the annual report and that report will also be the genesis of your discussion when you have the joint meeting with the City Council on, it's in your calendar too so you want to make note of that. It is. I just had it here. It is the 24`x' of April. Monday night. So that's a meeting so we'll have our Planning Commission in place then and so then that meeting we'll talk about what the Planning Commission's been doing. So again as part of the charge of the commission to do an annual report by the end of March and so as we do every year here it is. We estimate as of April I' our population will be at 25,273 so this is a number that we use. We put it on the website. Again a lot of the information, the planning staff generates a lot of statistical information that people 22 MEMORANDUM CITY OF C HANHASSE N Chanhassen is a Community for Life-ProvidingforToday and Planning forTomorrow TO: Todd Gerhardt, City Manager FROM: Sharmeen Al-Jaff, Senior Planner DATE: March 13, 2017 SUBJ: Planning Case 2017-04 (/ Conditional Use Permit for a Recreational Beachlot — Lake Lucy Ridge Homeowners Association — Outlot B, Lake Lucy Ridge Addition PROPOSED MOTION "The Chanhassen City Council approves the Conditional Use Permit for the creation of a Recreational Beachlot — Planning Case 17-04 - subject to the conditions of approval and adopts the attached Findings of Fact." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY Consider a request for a conditional use permit for the creation of a 5 -acre recreational beachlot for the Lake Lucy Ridge Subdivision residents. The request includes a private seasonal dock serving non -motorized watercraft and canoe racks for six vessels. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on February 21, 2017 to review the proposed Conditional Use Permit. Members of the public raised questions regarding the use of the dock. Staff addressed issues that were raised in the attached e-mail messages. The Planning Commission voted unanimously to recommend that City Council approve the request. Planning Commission minutes for this item included in the consent agenda of the March 13, 2017 City Council packet. PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Planning Commission Lake Lucy Ridge - Conditional Use Permit for Recreational Beach Lot Planning Case 2017-04 March 13, 2017 Page 2 of 2 RECOMMENDATION Staff recommends approval of the Conditional Use Permit to create a Recreational Beachlot — Planning Case 17-04, subject to conditions of approval. ATTACHMENTS 1. Conditional Use Permit 2. Planning Commission Staff Report Dated February 21, 2017. 3. E-mail from Mr. Barry Dallavalle dated February 16, 2017. 4. E-mail from Mr. Bo Andersen dated February 17, 2017 5. E-mail from Ms. Betsy Randall dated February 10, 2017. 6. E-mail from Mr. Rob Dahlin dated February 18, 2017. G:\PLAN\2017 Planning Cases\17-04 Lake Lucy Ridge Beaeblot\Executive Summary CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #20167-04 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: A Recreational Beachlot. 2. Pro . The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Outlot B, Lake Lucy Ridge Addition. 3. Conditions. Subject to the following conditions as shown in plans dated January 20, 2017: a. The beachlot shall contain no more than 1 dock, with no more than 3 racks for the storage of 6 nonmotorized watercrafts. b. The beachlot shall meet all requirements set forth for recreational beachlots in Section 20-263 of the City Code. c. The beachlot shall not be used as a boat launch and the city will post the appropriate signage. The applicant shall be responsible for the cost of signage and installation. d. An amendment to the Conditional Use Permit shall be required for any changes to the beachlot including but not limited to: dock configuration, installation of portable chemical toilets, placement of boat racks, and placement of structures. e. To the extent feasible, the city may impose such conditions even after approval of the beachlot if the city finds it necessary. 1 f. It should be noted that the only access to the private dock is via a public pedestrian trail owned and operated by the City of Chanhassen and open to the public. g. Prior to construction, verification shall be received that the dock contractor is going to deliver twenty sections of 4' x 10' dock by hand a distance of 1000 feet and install the dock, canoe racks and security gate for a fee of $500. h. Motorized vehicles cannot be utilized to deliver or retrieve watercraft or associated gear to or from the dock. i. There shall be no chemical or physical removal of emergent vegetation. j. Emergent vegetation may be cut no lower than the normal water elevation from the centerline of the dock to a point no more than five (5) feet from the edge of the dock on either side. k. The cross section of the wetland shall not be altered to accommodate placement of the dock or the approach to the dock. 1. No materials shall be stored within the wetland buffer except as allowed on the dock itself. m. The applicant shall contact the Department of Natural Resources (DNR) and insure compliance with DNR regulations governing shoreland. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penaltv. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: March 13, 2017 SEAL `A CITY OF CHANHASSEN 0 Denny Laufenburger, Mayor Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 12017, by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 3 Notary Public CITY OF CHANHASSEN ti 9NH ASS PROPOSED MOTION: PC DATE: February 21, 2017 S -2 - CC "Z CC DATE: March 13, 2017 REVIEW DEADLINE: March 21, 2017 CASE #: 2017-04 BY: SJ, TH, TJ "The Chanhassen Planning Commission recommends approval of the Conditional Use Permit for the creation of a Recreational Beachlot - Planning Case 17-04 - subject to the conditions of approval and adopts the attached Findings of Fact and Decision." SUMMARY OF REQUEST: Consider a request for a conditional use permit and a wetland alteration permit for the creation of a 5 -acre recreational beachlot for the Lake Lucy Ridge Subdivision Residents. The request includes a private seasonal dock serving non -motorized watercraft and canoe racks for six vessels. LOCATION: South of Lake Lucy Road, on the northwest corner of Lake Lucy. Outlot B, Lake Lucy Ridge Addition APPLICANT: Lake Lucy Ridge Homeowners Association Greg McGuirk 1770 Lucy Ridge Court Chanhassen, MN 55317 Eomc¢uirk rnr email.com 773-490-1852 PRESENT ZONING: Single Family Residential District (RSF) 2020 LAND USE PLAN: Parks Open Space ACREAGE: 5 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has limited discretion in approving or denying Conditional Use Permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the city finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. Notice of this public bearing has been mailed to all property owners within 500 feet as well as lake property owners surrounding Lake Lucy. Planning Commission Lake Lucy Ridge CUP — Planning Case 2017-04 February 21, 2017 Page 2 of 15 PROPOSAL/SUMMARY Lake Lucy Ridge Homeowners Association is requesting a conditional use permit and a wetland alteration permit for the creation of a 5 -acre recreational beachlot for the subdivision residents. The request includes a private seasonal dock serving non -motorized watercraft and a canoe rack for six vessels. Provided there is no expansion of the use and there is no chemical or physical removal of emergent vegetation the proposed dock, placement will constitute a "no -loss in wetland functions and values" as defined by the MN Wetland Conservation Act. The site is located south of Lake Lucy Road, on the northwest corner of Lake Lucy. Access to the beachlot is gained via a public trail off of Lake Lucy Ridge Lane. The location of the public trail in relation to the proposed private dock is of concern to staff. The issue will be discussed in further detail under the "DISCUSSION" section of the report. Staff is recommending approval of the request with conditions. APPLICABLE REGULATIONS Chapter 20 -ARTICLE IV. - CONDITIONAL USES Sec. 20-232. - General issuance standards. Sec. 20-266. - Recreational beachlots. Planning Commission Lake Lucy Ridge CUP — Planning Case 2017-04 February 21, 2017 Page 3 of 15 BACKGROUND On May 28, 2002, the City Council approved the final plat for Subdivision #01-10 for Lake Lucy Ridge for 17 lots and two outlots. Outlot B contains a regional trail, wetlands and a storm pond. It is the city's policy to preserve such areas as open space and maintain them in their natural state. In this case, there is a trail easement over the existing trail and a drainage and utility easement over the storm pond. It was the original developer's intent to deed Outlot B to the city however, the Homeowners Association ended up maintaining ownership of the Outlot. Pq� n, ,y �a I i l: ) Planning Commission Lake Lucy Ridge CUP — Planning Case 2017-04 February 21, 2017 Page 4 of 15 Lake Lucy Ridge Homeowners Association is requesting a conditional use permit and a wetland alteration permit for the creation of a 5 -acre recreational beachlot for the subdivision residents which consists of 17 households. The request includes a private seasonal dock serving non - motorized watercraft and canoe racks for six vessels. The dock is proposed to extend a length of 160 feet into Lake Lucy and will have a 25 -foot cross bar. The canoe racks are proposed to be located along the northerly section of the cross bar. Since the applicant is not proposing expansion of the use and there is no chemical or physical removal of emergent vegetation, the proposed dock placement will constitute a "no -loss in wetland functions and values" as defined by the MN Wetland Conservation Act. As mentioned earlier in the summary section of the staff report, the only access to the beachlot is gained via a public trail owned and operated by the city. Access to the trail is off of Lake Lucy Ridge Lane. This section of the trail is part of a larger trail system and will be extended as surrounding properties develop. This public trail is located within the proposed private beachlot and the public will have access to it. As the trail extensions continue, additional pedestrian traffic will increase. This may generate trespassing complaints. T..W MY.M.. �r aeie urs„ M1m�.we m�YY e.rw.wra.. nv •.w�.e ro..os... •TrItl..Y/Y 7Fes YOb� d. /14rM.eama� Hw.e..m.. � M1r. Lake Lucy ,�.m.»...n. Proposed Pier. Path, 8 Cance Rack A `d c..1 Lo abons and Dimensions Planning Commission Lake Lucy Ridge CUP — Planning Case 2017-04 February 21, 2017 Page 5 of 15 To mitigate this, the applicant is proposing to install a security gate and attach a "Private Dock - No Trespassing" sign on the gate to alert the public. iffnMKbYi ae3A11K .- V.r. . �� ., - T, TT�ly�Al i 1. riNi eMR —a — ti: aaa7r Another concern that O 16990 Gantry sq� Circa was expressed by staff P6w l4Ee MN %372 deals with the 1612) 470-364 oevee9rmlcut ,c construction of the dock. No motorized vehicles are permitted on the ESTIMATE public trail. The ADDRESS applicant indicated that Jof n Bu cher all the dock construction 6815 Lucy Rgye lane cnarnessen. MN 55317 materials will be carried manually. If access is SAM "® gained from the trail entrance off of Lake Lucy Ridge Lane, the Free Flow Trroupft Deckin0 pieces will need to be moved over a 1,000 feet. The bid that has been submitted with this application indicate that installation cost is $500. III NO TRESPASSING ESTIMATE 0 1004 DATE 11!302016 ACTNR• OTy RATE AaKX,M11 $IwaMeater qs9 DM 4' a 10' sedans w M..".narwe 20 1,162.60 23.040.00T secumy Gaza w. Keyp80 Ernrance. M 91oreMasler Dock 1 3.995.00 3.895.007 Xa6�n I , s6oa6 5e6mr CNsoourns & saNrlps from Great Ouwa 1 -3,045.00 3.045=T Aasruvn w.ew w..mre..mo M'. ti.., n.. IIM.Y t1M! a 1ryM191W .T1 to W b Wb MfY. W R M.Of N tm Tnwb �+ aISTOTAL 24.490.00 TAX .7.1254) 1,794 92 TOTAL $26,234.92 Planning Commission Lake Lucy Ridge CUP — Planning Case 2017-04 February 21, 2017 Page 6 of 15 Verification should be received that the dock contractor is going to deliver twenty sections of 4' x 10' dock by hand a distance of 1000 feet and install the dock, canoe racks and security gate for a fee of $500. It should also be noted that motorized vehicles cannot be utilized to deliver or retrieve watercrafts or associated gear to or from the dock. RECREATIONAL BEACHLOT The applicant is requesting a conditional use permit and a wetland alteration permit to allow the use of Outlot B as a recreational beachlot. The proposed beachlot meets the minimum size (30,000 square feet) and shoreline (200 feet) requirements set forth in Section 20-263 of the Chanhassen City Code. In addition, the beachlot meets the size and shoreline requirements to support a dock. Outlot B has an area of 217,800 square feet and 893 ± feet of shoreline. The beachlot must meet all requirements set forth for recreational beachlots in Section 20-263 of the City Code. The proposed plans call for 3 canoe racks mounted to the vertical supports of the dock. Each rack holds two canoes. There will be no powered watercraft. The beachlot ordinance allows nonmotorized watercraft (e.g., canoes, windsurfers, sailboards, small sailboats) to be stored on racks on the beachlot, with no more than 6 nonmotorized watercraft per rack. An amendment to the Conditional Use Permit is required for any changes to the beachlot including but not limited to: dock configuration, installation of portable chemical toilets, placement of boat racks, the use of the dock for motorized watercrafts and placement of structures. Provide there is no expansion of the use and there is no chemical or physical removal of emergent vegetation the proposed dock placement will constitute a "no -loss in wetland functions and values" as defined by the MN Wetland Conservation Act. The applicants my cut the vegetation growing through and up to five (5) feet on either side of the dock at an elevation equal to the water surface to provide a clear ingress and egress along the dock without hindrance due to vegetation growing over the dock. The approach to the dock shall be wood chip and the cross section of the wetland must not be changed to accommodate the dock placement. Notwithstanding other conditions of approval, no materials may be stored within the wetland boundary except as allowed for on the dock. Planning Commission Lake Lucy Ridge CUP — Planning Case 2017-04 February 21, 2017 Page 7 of 15 RECREATIONAL BEACHLOT CONDITIONAL USE PERMIT The development proposal includes a conditional use permit request for a private recreational beachlot. The beachlot area contains a total of 217,800 gross sq. ft. The private beachlot includes a public trail. The only access to the dock is via this public trail. The location selected for the dock is the most practical from a positioning point as it avoids impacting wetlands. Section 20-232, Genera[ Issuance Standards Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. FindinE: The proposed beachlot will not be detrimental to or endanger the above. The beachlot is intended to enhance the comfort, convenience and general welfare of the neighborhood by providing a recreational amenity. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Findine: The beachlot is consistent with the city's comprehensive plan which guides this parcel Parks and Open Space and the zoning ordinance which is Single Family Residential. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. FindinE: The use of the site as a beachlot is consistent with the designation of the comprehensive plan as Parks Open Space. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: There are several private docks surrounding Lake Lucy. The use of this beachlot to store nonmotorized watercrafts is permitted. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: There is a public trail off of a public street to access the beachlot. • It should be noted that the only access to the private dock is via a public pedestrian trail owned and operated by the City of Chanhassen and open to the public. Planning Commission Lake Lucy Ridge CUP — Planning Case 2017-04 February 21, 2017 Page 8of15 Verification should be received that the dock contractor is going to deliver twenty sections of 4' x 10' dock by hand a distance of 1000 feet and install the dock, canoe racks and security gate for a fee of $500. It should be noted that motorized vehicles cannot be utilized to deliver or retrieve watercraft or associated gear to or from the dock. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Fes: The beacblot is not anticipated to have any excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Fes: The applicant is proposing to manually transport all the dock pieces and the nonmotorized watercrafts. Will have vehicular approaches to the property, which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: All members of the association live within close proximity and will not require vehicular approaches to the property. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Fes: The development of the beachlot for recreational uses will not result in the loss of any features. 10. Will be aesthetically compatible with the area. FindinE: The beachlot should be properly maintained to remain compatible with the surrounding uses. 11. Will not depreciate surrounding property values. Finding: The beachlot should be an asset to the neighbors by providing a recreational opportunity as well as open space. Planning Commission Lake Lucy Ridge CUP — Planning Case 2017-04 February 21, 2017 Page 9 of 15 12. Will meet standards prescribed for certain uses as provided in this article. Fes: The following are standards prescribed for Recreational Beach Lots: Section 20-263 Recreational Beach Lots: 1. Recreational beachlots shall have at least two hundred (200) feet of lake frontage. Finding: The proposed beachlot has 893 + feet of frontage. 2. Except as specifically provided herein, no structure, ice fishing house, camper, trailer, tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored upon any recreational beachlot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides." Finding: No structures (except as authorized by the beachlot ordinance) are proposed. 3. No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized mini -bikes, all -terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beachlot. Finding: No vehicle access is provided. 4. No recreational beachlot shall be used for overnight camping. Finding: No camping shall be permitted. 5. Boat launches are prohibited. Finding: No boat launches shall be permitted. 6. No recreational beachlot shall be used for purposes of overnight storage or overnight mooring of more than three (3) motorized or nonmotorized watercraft per dock. If a recreational beachlot is allowed more than one (1) dock, however, the allowed number of boats may be clustered. Up to three (3). Sailboat moorings shall also be allowed. Nonmotorized watercraft such as canoes, windsurfers, sailboards and small sailboats may be stored overnight on any recreational beachlot if they are stored on racks specifically designed for that purpose. No more than six (6) watercraft may be stored on a rack. The number of racks shall not exceed the amount of storage necessary to permit one (1) rack slip per lot served by the beachlot; however, in no case shall there be more than four (4) racks per beachlot. Docking of other watercraft or seaplanes is permissible at any time other than overnight. Planning Commission Lake Lucy Ridge CUP — Planning Case 2017-04 February 21, 2017 Page 10 of 15 Finding: The allowed number of nonmotorized watercrafts will be clustered on 1 dock. The applicant is proposing three canoe racks. Each rack stores two canoes. 7. The maximum number of docks on a recreational beachlot is three (3). No dock shall be permitted on any recreational beachlot unless the beach meets the following conditions: a) Shoreline of at least two hundred (200) feet per dock, and b) Area of at least thirty thousand (30,000) square feet for the first dock and additional twenty thousand (20,000) square feet for each additional dock. Finding: The beachlot has 893 + feet of frontage and an area of 217,800 square feet. This meets the shoreline and area requirements for the requested dock. 8. No recreational beachlot dock shall exceed six (6) feet in width, and no such dock shall exceed the greater of fifty (50) feet or the minimum straight-line distance necessary to reach a water depth of four (4) feet. The width (but not the length) of the cross -bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross -bar of any such dock shall not measure in excess of twenty-five (25) feet in length. Finding: The applicant is proposing a 4 foot wide dock. The length of the dock is 160 feet. This length is required to reach a depth of 3 feet. The applicant should also contact the DNR regarding any state approvals that may be required for common docking areas. 9. No dock shall encroach upon any dock set -back zone, provided, however, that the owner of any two (2) abutting lakeshore sites may erect one (1) common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the common dock is the only dock on the two (2) lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. Finding The proposed dock meets required setbacks. 10. No sail boat mooring shall be permitted on any recreational beachlot unless it has at least two hundred (200) feet of lake frontage. No more than one (1) sail boat mooring shall be allowed for every two hundred (200) feet of lake frontage. Fes: No sail boat moorings are proposed. 11. A recreational beachlot is intended to serve as a neighborhood facility for the subdivision of which it is a part. For purposes of this paragraph, the following terms shall mean those beachlots which are located either within (urban) or outside (rural) the Year 2000 Metropolitan Urban Service Area boundary as depicted in the comprehensive plan. Planning Commission Lake Lucy Ridge CUP — Planning Case 2017-04 February 21, 2017 Page 11 of 15 a. Urban recreational beachlot: At least eighty (80) percent of the dwelling units, which have appurtenant rights of access to any recreational beachlot, shall be located within one thousand (1,000) feet of the recreational beachlot. b. Rural recreational beachlot: A maximum of fifty (50) dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beachlot. Upon extension of the Metropolitan Urban Service boundary into the rural area, the urban recreational beachlot standards will apply. Finding: All of the dwelling units are located within 1,000 feet of the beachlot. 12. All recreational beachlots, including any recreational beachlots established prior to February 19, 1987 may be used for swimming beach purposes, but only if swimming areas are clearly delineated with marker buoys which conform to the United States Coast Guard standards. Finding: No swimming beach is proposed. 13. All recreational beachlots shall have a buffer sufficient to insulate other property owners from beachlot activities. This buffer may consist of topography, streets, vegetation, distance (width or depth), or other features or combinations of features which provide a buffer. To insure appropriate buffering, the city may impose conditions to insulate beachlot activities including, but not limited to: a. Increased side or front yard setbacks for beach areas, docks, racks or other allowed recreational equipment or activities; b. Hours of use; c. Planting and maintenance of trees and shrubs; d. Erection of fences; e. Standards of maintenance including mowing and trimming, painting and upkeep of racks, docks and other equipment; disposal of trash and debris; f. Increased width, depth or area requirements based upon the intensity of the use proposed or the number of dwellings having rights of access. Finding: Existing vegetation will be preserved. Staffs concern deals with the potential of trespassing on the private dock. The applicant has proposed a security gate as well as a "Private Property -No Trespassing" sign. Planning Commission Lake Lucy Ridge CUP — Planning Case 2017-04 February 21, 2017 Page 12 of 15 14. To the extent feasible, the city may impose such conditions even after approval of the beachlot if the city finds it necessary. Finding: The above language will be part of the conditions of approval for this application. 15. Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to watercraft owned by the owner/occupant or renter/occupant of homes which have appurtenant right of access to the recreational beachlot. Finding: The applicant shall incorporate a clause in the covenants for the HOA to require that watercraft stored, moored or docked overnight shall be owned by the owner/occupant or renter/occupant of homes in the association. 16. The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a site plan approved by the city council. Finding: The applicant has submitted a plan as part of this proposal. 17. Portable chemical toilets may be allowed as a condition of approval of a recreational beachlot. The maintenance and use of chemical toilets on some beachlots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreation beachlots shall be subject to the following: a. The minimum setback from the ordinary high water mark shall be seventy-five (75) feet. Side and front yard setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake. b. It may only be used Memorial Day to Labor Day and shall be removed from the lot during the rest of the year. c. It shall be securely anchored to the ground to prevent tipping. d. It shall be screened from the lake and residential property with landscaping. e. It shall be serviced at least weekly. f. Only models designed to minimize the potential for spilling may be used. g. Receipt of an annual license from the city's planning department. The license shall be issued unless the conditions of approval of this ordinance have been violated. All license applications shall be accompanied by the following information: 1. Name, address, and phone number of applicants. 2. Site plan showing proposed location of chemical toilets. Planning Commission Lake Lucy Ridge CUP — Planning Case 2017-04 February 21, 2017 Page 13 of 15 3. Name, address, and phone number of chemical toilet supplier. 4. Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone number of person responsible for maintenance. 5. A written description of how the applicant intends to screen the portable chemical toilet from all views into the property, including views from the lake. Finding: No portable chemical toilets are proposed. 18. No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. Finding: The applicant shall include a clause in the covenants for the HOA to require that no watercraft of boat lift shall be located within the dock setback zone. 19. Gazebos may be permitted on recreational beachlots subject to city council approval and the following standards: a. Minimum setback from the ordinary high water mark shall be seventy-five (75) feet. b. No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located. c. Maximum size of the structure shall not exceed two hundred fifty (250) square feet. d. Maximum height shall not exceed twenty (20) feet. e. Gazebos shall make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high-quality design concept for the lot which is compatible with adjacent and neighboring structures. f. Gazebos shall be properly maintained. Structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, removed, or replaced by the homeowners or beachlot association. g. The following improvements are prohibited in gazebos; screening used to completely enclose a wall, water and sewer service, fireplaces, and electricity Finding No gazebos are proposed. Planning Commission Lake Lucy Ridge CUP — Planning Case 2017-04 February 21, 2017 Page 14 of 15 Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of the Conditional Use Permit and Wetland Alteration Permit for the creation of a Recreational Beachlot as shown in plans dated received January 20, 2017 — Planning Case 17-04 - subject to the following conditions: The beachlot shall contain no more than 1 dock, with no more than 3 racks for the storage of 6 nonmotorized watercrafts. 2. The beachlot shall meet all requirements set forth for recreational beachlots in Section 20-263 of the City Code. 3. The beachlot shall not be used as a boat launch and the city will post the appropriate signage. The applicant shall be responsible for the cost of signage and installation. 4. An amendment to the Conditional Use Permit shall be required for any changes to the beachlot including but not limited to: dock configuration, installation of portable chemical toilets, placement of boat racks, and placement of structures. To the extent feasible, the city may impose such conditions even after approval of the beachlot if the city finds it necessary. 6. It should be noted that the only access to the private dock is via a public pedestrian trail owned and operated by the City of Chanhassen and open to the public. 7. Prior to construction, verification shall be received that the dock contractor is going to deliver twenty sections of 4' x 10' dock by hand a distance of 1000 feet and install the dock, canoe racks and security gate for a fee of $500. 8. Motorized vehicles cannot be utilized to deliver or retrieve watercraft or associated gear to or from the dock. 9. There shall be no chemical or physical removal of emergent vegetation. 10. Emergent vegetation may be cut no lower than the normal water elevation from the centerline of the dock to a point no more than five (5) feet from the edge of the dock on either side. 11. The cross section of the wetland shall not be altered to accommodate placement of the dock or the approach to the dock. Planning Commission Lake Lucy Ridge CUP — Planning Case 2017-04 February 21, 2017 Page 15 of 15 12. No materials shall be stored within the wetland buffer except as allowed on the dock itself. 13. The applicant shall contact the Department of Natural Resources (DNR) and insure compliance with DNR regulations governing shoreland." ATTACHMENTS 1. Findings of Fact and Decision 2. Development Review Application 3. Affidavit of Mailing of Public Hearing Notice 4. Email from Riley Purgatory Bluff Creek Watershed District dated 2/15/17 G:\PLAN\2017 Planning CasesU 7-04 Lake Lucy BeachloAstaff report CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION 11xMIQ Application of Lake Lucy Ridge Homeowners Association for a Conditional Use Permit to create a recreational beachlot — Planning Case 2017-04. On February 21, 2017, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Lake Lucy Homeowners Association for a conditional use permit for the property located at South of Lake Lucy Road, on the northwest comer of Lake Lucy. Outlot B, Lake Lucy Ridge Addition. The Planning Commission conducted a public hearing on the proposed conditional use which was 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 by the Land Use Plan for Parks Open Space. 3. The legal description of the property is Outlot B, Lake Lucy Ridge Addition. 4. Section 20-232: Sec. 20-232. - General issuance standards. The planning commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: (1) Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. (2) Will be consistent with the objectives of the city's comprehensive plan and this chapter. (3) Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. (4) Will not be hazardous or disturbing to existing or planned neighboring uses. (5) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. (6) Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. (7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents or trash. (8) Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. (9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. (10) Will be aesthetically compatible with the area. (11) Will not depreciate surrounding property values. (12) Will meet standards prescribed for certain uses as provided in this article. Sec. 20-266. - Recreational beach lots. Intent. Based upon experience, it is recognized by the city that the use of lakeshore by multiple parties may be an intensive use of lakeshore that may present conflicts with neighboring uses of lakeshore or the use of other Lakeshore on the same lake or the lake itself. Further, beach lots may generate complaints if they are not maintained to the same standards as single-family lakeshore lots. Therefore, the city requires the following conditions for recreational beach lots, in addition to such other conditions that may be prescribed in the permit: (1) Recreational beach lots shall have at least 200 feet of lake frontage. (2) Except as specifically provided herein, no structure, ice fishing house, camper, trailer, tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored upon any recreational beach lot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides." (3) No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized mini -bikes, all -terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beach lot. (4) No recreational beach lot shall be used for overnight camping. (5) Boat launches are prohibited. (6) No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of more than three motorized or nonmotorized watercraft per dock. If a recreational beach lot is allowed more than one dock; however, the allowed number of boats may be clustered. Up to three sailboat moorings shall also be allowed. Nonmotorized watercraft such as canoes, windsurfers, sailboards and small sailboats may be stored overnight on any recreational beach lot if they are stored on racks specifically designed for that purpose. No more than six watercraft may be stored on a rack. The number of racks shall not exceed the amount of storage necessary to permit one rack slip per lot served by the beach lot; however, in no case shall there be more than four racks per beach lot. Docking of other watercraft or seaplanes is permissible at any time other than overnight. (7) The maximum number of docks on a recreational beach lot is three. No dock shall be permitted on any recreational beach lot unless the beach meets the following conditions: a. Shoreline of at least 200 feet per dock; and b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet for each additional dock. (8) No recreational beach lot dock shall exceed six feet in width, and no such dock shall exceed the greater of 50 feet or the minimum straight-line distance necessary to reach a water depth of four feet. The width (but not the length) of the cross -bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross -bar of any such dock shall not measure in excess of 25 feet in length. (9) No dock shall encroach upon any dock set -back zone, provided, however, that the owner of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the common dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. (10) No sail boat mooring shall be permitted on any recreational beach lot unless it has at least 200 feet of lake frontage. No more than one sailboat mooring shall be allowed for every 200 feet of lake frontage. (11) For purposes of this subsection, the following terms shall mean those beach lots which are located either within (urban) or outside (rural) the Year 2000 Metropolitan Urban Service Area boundary as depicted in the comprehensive plan. a. Urban recreational beach lot: At least 80 percent of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within 1,000 feet of the recreational beach lot. b. Rural recreational beach lot: A maximum of 50 dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beach lot. Upon extension of the Metropolitan Urban Service boundary into the rural area, the urban recreational beach lot standards will apply. (12) All recreational beach lots may be used for swimming beach purposes, but only if swimming areas are clearly delineated with marker buoys which conform to the United States Coast Guard standards. (13) All recreational beach lots shall have a buffer sufficient to insulate other property owners from beach lot activities. This buffer may consist of topography, streets, vegetation, distance (width or depth), or other features or combinations of features which provide a buffer. To insure appropriate buffering, the city may impose conditions to insulate beach lot activities including, but not limited to: a. Increased side or front yard setbacks for beach areas, docks, racks or other allowed recreational equipment or activities; b. Hours of use; C. Planting and maintenance of trees and shrubs; d. Erection of fences; e. Standards of maintenance including mowing and trimming; painting and upkeep of racks, docks and other equipment; disposal of trash and debris; f. Increased width, depth or area requirements based upon the intensity of the use proposed or the number of dwellings having rights of access. (14) To the extent feasible, the city may impose such conditions even after approval of the beach lot if the city finds it necessary. (15) Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to watercraft owned by the owner/occupant or renter/occupant of homes which have appurtenant right of access to the recreational beach lot. (16) The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a site plan approved by the city council. (17) Portable chemical toilets may be allowed as a condition of approval of a recreational beach lot. The maintenance and use of chemical toilets on some beach lots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreation beach lots shall be subject to the following: a. The minimum setback from the ordinary high water mark shall be 75 feet. Side and front yard setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake. b. It may only be used Memorial Day to Labor Day and shall be removed from the lot during the rest of the year. C. It shall be securely anchored to the ground to prevent tipping. d. It shall be screened from the lake and residential property with landscaping. e. It shall be serviced at least weekly. f. Only models designed to minimize the potential for spilling may be used. g. Receipt of an annual license from the city s planning department. The license shall be issued unless the conditions of approval of this ordinance have been violated. All license applications shall be accompanied by the following information: 1. Name, address, and phone number of applicants. 2. Site plan showing proposed location of chemical toilets. 3. Name, address, and phone number of chemical toilet supplier. 4 4. Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone number of person responsible for maintenance. 5. A written description of how the applicant intends to screen the portable chemical toilet from all views into the property, including views from the lake. (18) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. (19) Gazebos may be permitted on recreational beach lots subject to city council approval and the following standards: a. Minimum setback from the ordinary high water mark shall be 75 feet. b. No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located. C. Maximum size of the structure shall not exceed 250 square feet. d. Maximum height shall not exceed 20 feet. e. Gazebos shall make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high-quality design concept for the lot which is compatible with adjacent and neighboring structures. f. Gazebos shall be properly maintained. Structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, removed, or replaced by the homeowners or beach lot association. g. The following improvements are prohibited in gazebos; screening used to completely enclose a wall, water and sewer service, fireplaces, and electricity. 5. The planning report #2017-04 dated February 21, 2017, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit for a recreational beachlot subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 21' day of February, 2017. CHANHASSEN PLANNING COMMISSION Elm Its Chairman COMMUNITY DEVELOPMENT DEPARTMENT M.,inggD�e-P-0. M°�� �s CITY OF CHANHASSEN Mailing Address — P.O. Box 117, Chanhassen. MN 55317 Phone: (952) 227-1300 I Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Sabrina Dae: PC Das!. CC DM W -Dry Rewewi Dm Section 1: Application Type (check all that apply) ❑ Comprehensive Plan Amendment......_._..............$600 ❑ Minor MUSA lase for failing on-site sewers--. $100 ❑ Conditional Use Permit (CUP) ❑ Metes & Bounds (2 lots) ❑ Single -Family Residence_...__..__ .............. $325 ❑� All Others. .. ................ _... __.................... $425 ❑ Interim Lee Permit (IUP) Final Plat ....... ......... _._.-_--....... --.___- ❑ In cor*mxtiion voih Skgla-Fardy Readence..5325 ❑ All _ ----- 3425 ❑ Renordng (REZ) 0oi sw deKkpment mraart ❑ Planned Unit Development (PUD) ❑ Vacation of EasemeMshOgll[-0f-wy(VACI—f300 ❑ Minor Amendment ioexiUrg PUD _—.. S 100 ❑ All Others-- ...... ._.__.. ._.5500 ❑ Sign Plan Review ..... .___ _..5150 ❑ Site Plan Review (SPR) ❑ Administrative .......__ .... ❑ Commercial4ndusYY Disiisie'_._...._.. _..._ SS00 Plus S10 per /,ODD squive fed of building area. L— thousand square neQ nnrAue Wier of a airrtdoyaec 'InWCe rwmb. of new emyofaez ❑ Residential Disticta..... ___SSoo Plus $5 per dwepng unit (_ Wb) ❑ Subdivision (SUB) ❑ Create 3 lots or less ..... ..... _5300 ❑ Create over 3lots ._......._.__-3500+515 Per lot ❑ Metes & Bounds (2 lots) —$300 Consolidate Lots .............. __ $150 IL��dJjl Lot Line Adjustment ... Final Plat ....... ......... _._.-_--....... --.___- -$150 5700 (Includes $450 escrow for atlorney c •Admwal esnaa mar' be mKireci for Wwf apWwaems 0oi sw deKkpment mraart ❑ Vacation of EasemeMshOgll[-0f-wy(VACI—f300 IAdilmonal recw8n0 leas may applfl ❑ Variance (VAR)__...._....______......._.__...._$200 ❑� Wetland Aterabon Permit (WAP) ❑ Single -Family Residence.__ $150 ❑l All Others ❑ Zoning Appeal ❑ Zoning Ordinance Amendment (ZOA) ___.-.5.500 PIDTE: When nuMple appticatlons arc processed concwredy the apprepilLe shall be charged for each a,pfeauon i❑ Notifeatiun Sign (Cy Wine fl and renoey $200 v❑ Property Owners'List within 500'(agloPeersas amp aplafmnwsael.-_—.--....._._...__S3 Psc atltlress L_ tl3easeq ❑� Escrow for Recording Documents(all that apply) ........ ___.__._.........__...._ .... _-_..__........ SSOperdomment ❑v Conditional Use Permit ❑ Interim Use Permit ❑ Sic Plan Agreement ❑ Vacation ❑ Variance ❑/ Webnd Alteration Femur ❑ Metes & Bounds Subtlivision (3 docs.) ❑ Easements (_ easements) TOTAL FEE: Section 2: Required Information Description of Proposal. Lake Lucy Ridge HOA is seeking a permit to install a dock on Lake Lucy Property Address or Location: Parcel #. 254160190 Legal Description. Lake Lucy Ridge out lot B Total Acreage: 5.00 Wetlands Present? ® Yes ❑ No Present Zoning: Single -Family Residential District (RE Requested Zoning; Single-Famiy Residential District (RSFQ Present Land Use Designation: ParkslOpen Spam 0 Requested Land Use Designation: PsrlWOpen Space Q Existing Use of Property: Trail ! storm pond 7 open space 0 Check box is separate nanalive is atached. —Sectiori 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 obfect 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 submrssbn of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, leasibility sNdles, etc. with an estimate prior to any authorization to proceed with the study I certify that the intafmation and exhibits submitted are true and correct. Name: Greg McGuirk Contact Ahoy. 1770 Lucy Ridge Ct Phoney CdyfState2tp. Chanhassen. MN 55317 Cell (773) 490.1852 Email gorni gmail.com Fax Signature 1'(� Date: 1120117 v PROPERTY OWNER: In signing this application. 1, as property owner. have full legal rapacity 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 m the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of maternal and the progress of this application. I fuller 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 Contact Address Phone: Cdy(StsteJ7p: Cell Email Fax. Signature Date. This applicabon must be completed in hill and most be accompanied by as information and plans required by applicable City Ordinance provisions Before filing this application, refer to the appropriate Application Checklist and eon6er 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 appl"hon submittal A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application PROJECT ENGINEER (d applicable) Name Contact Address. Phone' CrtylstaterZp: Cell: tlliall. I'ax Section 4: Notification Information Who should receive copies of staff reports? 'Other Contact Information: ❑ Property Owner Via. ❑ Email ❑ Mailed Paper Copy Name ❑ Applicant Uia. ❑ Email❑ Mailed Paper Copy Address' ❑ Engineer Via' El Email ❑ Mailed Paper Copy CityfSfalial ❑ Octal- via: ❑ Email ❑ Mailed Paper Copy Etrfai NOTRUCTIONS TO APPLICANT: Complete all necessary tam t0a, Ilm Saw SAVE FORM 10 save a copy to your device. PRINT FORM and deliver to city a" with required dowrofb raid p0ymem SUBMIT FORM to eendi a digital copy to rile Gly for processing (required)- SAYE FORM a11Sif F0101 Lake Lucy Ridge HOA Dock Proiect January 20, 2017 Applicant: Lake Lucy Ridge Home Owners Association Parcel ID: 254160190 Contact: Greg McGuirk, HOA President 1770 Lucy Ridge Ct, Chanhassen, MN Phone: 773-490-1852 Email: gomcguirk@gmail.com Project Description: The homeowners that make up Lake Lucy Ridge HOA have unanimously voted to pursue an application for a conditional use permit with the ultimate intention of gaining approval to install a seasonal dock on Lake Lucy for the enjoyment of all our Association residents. The intent is to install a dock on the southern end of the HOA property as shown in the attached site map. The dock will need to be approximately 160' long to extend through the delineated wetland and cattails. The water depth at the end of the dock, as shown on the site map, is approximately 3' (see pictures on page 7). The end of the dock will have a 25' tee with 3 canoe racks mounted to the vertical supports (see pictures on page 6). Each rack holds two canoes. There will be no powered watercraft. Aware of the surrounding current and future developments in the surrounding area, the ability to restrict non-resident access to the dock, as well as ensuring safety, has been top of mind. The plan includes the installation of a security gate (drawing attached) at an appropriate location (see map) that would prevent easily bypassing the gate. A no trespassing sign (see page 5) or similar would be attached to the security gate. Installing the boat racks behind the security gate will also help prevent damage to or vandalism to resident's watercraft. Our intent is to purchase the dock from Great Outdoors Services, LLC who will install the dock. It is our understanding that they are an experienced and professional installer well aware and conscious of the environmental impact of the installation. While the legs of the dock will penetrate the cattails, we have chosen the shortest possible path through them. Also, there is currently a 3' wide path worn through the cattails that has been used over the years to access the lake since there is no dock or other means for homeowners to access the lake. This path should heal once the dock is installed, thus leaving the cattails healthier than prior to this project. The Association and Great Outdoors Services are both aware that motorized vehicles are not permitted on the walking path and will develop an alternative plan to transport the dock sections and other construction materials to the site. Likely this will mean hand carrying or manually carting the materials. Other than the dock, there will be no other structures or services as part of this project. There is not currently, nor will there be, vehicular access to the dock or any kind of motorized boat launch. Site Man Legend Protect Area Parcels Delineated iWtland CExisting Asphalt Path M Pier VOW Chip Path Example a Raft d CiIOQ RlEk V4' x 12 4 x12 NOTES Nbotl phy path 6 4 feet witle and axlsld9 Run Via, anetltly saiMM9 aaphatl path b the per The main section of the per will exlend eash rd from shore mro the laze and will have dimensions of 4 feet wide s 160 fie! lora Twc a77it ma sectiorl9 with tlimerlsiorls of 20 beet"x 4 feet wine ws -sine z, rc for— a T at the end of the main Mer seaim. Cance Rack will Ite located on ore of the erM secems of Me Per Drawing is a schematic for australl purposes citify. sa. r..sr wr.w wM, Lake Lucy Chanhassen. Minnesota N WeStWOOCi6=====J Proposed Pier. Path. & Canoe Rack � Fee` Locations and Dimensions Nnvnmhor td ➢fHP M Security Gate Lam" .M .T/ PON sm ........... evr 8i.wn.o:.iC IID 'I' NO TRESPASSING /M Great Outdoors Services, LLC 18480 Country Squires Circle Prior Lake, MN 55372 (612) 470-3625 tpope®9reatoutdoorsservices.0om ESTIMATE ADDRESS John Butcher 6915 Lucy Ridge Lane Chanhassen, MN 55317 SALES REP Trevor l; ShoreMaster RS4 Dock 4'x 10' Sections with Maintenance Free Flow Through Decking Security Gate w/ Keypad Entrance, for ShoreMaster Dock Application Delivery & Installation Discounts & Savings from Great Outdoors 20 1 1 t Thank ycu Ior Me opponurKy w wont wkh you ane your Lek~ SUBTOTAL wnsoclatwn. we wok "aid w heemg back kom you." iet us TAX (7.125%) know g Mara Is enyMrng you want to add w take away, and we will oe TOTAL glad m Pali. Thanks agave. Accepted By Accepted Date ESTIMATE * 1004 DATE 11/30/2016 1,152.00 23,040.00T 3,995.00 3.995.00T 500.00 500.007 -3,045.00 -3,045.007 24,490.00 1,744.92 $26,234.92 3•. JS 36 37 ]0 ]9 60 4 7 Sec. 20-266. - Recreational beach lots. Intent. Based upon experience, it is recognized by the city that the use of lakeshore by multiple parties may be an intensive use of lakeshore that may present conflicts with neighboring uses of lakeshore or the use of other lakeshore on the same lake or the lake itself. Further, beach lots may generate complaints if they are not maintained to the same standards as single-family lakeshore lots. Therefore, the city requires the following conditions for recreational beach lots, in addition to such other conditions that may be prescribed in the permit: (1) Recreational beach lots shall have at least 200 feet of lake frontage. YES (2) Except as specifically provided herein, no structure, ice fishing house, camper, trailer, tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored upon any recreational beach lot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides" NO STRUCTURES PLANNED (3) No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized mini -bikes, all -terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beach lot. NONE (4) No recreational beach lot shall be used for overnight camping. NONE (5) Boat launches are prohibited. NO LAUNCHES PLANNED (6) No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of more than three motorized or nonmotorized watercraft per dock. If a recreational beach lot is allowed more than one dock; however, the allowed number of boats may be clustered. Up to three sailboat moorings shall also be allowed. Nonmotorized watercraft such as canoes, windsurfers, sailboards and small sailboats may be stored overnight on any recreational beach lot if they are stored on racks specifically designed for that purpose. No more than six watercraft may be stored on a rack. The number of racks shall not exceed the amount of storage necessary to permit one rack slip per lot served by the beach lot; however, in no case shall there be more than four racks per beach lot. Docking of other watercraft or seaplanes is permissible at any time other than overnight. ONLY NON -MOTORIZED BOATS (7) The maximum number of docks on a recreational beach lot is three. No dock shall be permitted on any recreational beach lot unless the beach meets the following conditions: ONLY 1 DOCK a. Shoreline of at least 200 feet per dock; and b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet for each additional dock. (8) No recreational beach lot dock shall exceed six feet in width, and no such dock shall exceed the greater of 50 feet or the minimum straight-line distance necessary to reach a water depth of four feet. The width (but not the length) of the cross -bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross -bar of any such dock shall not measure in excess of 25 feet in length. CROSS BAR IS 25' (9) No dock shall encroach upon any dock set -back zone, provided, however, that the owner of any two abutting Lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the common dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. LOCATION OF DOCK WILL BE MORE THAN 15' OUTSIDE OF SET BACK ZONE (10) No sail boat mooring shall be permitted on any recreational beach lot unless it has at least 200 feet of lake frontage. No more than one sailboat mooring shall be allowed for every 200 feet of lake frontage. NO MOORING PLANNED (11) For purposes of this subsection, the following terms shall mean those beach lots which are located either within (urban) or outside (rural) the Year 2000 Metropolitan Urban Service Area boundary as depicted in the comprehensive plan. a. Urban recreational beach lot: At least 80 percent of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within 1,000 feet of the recreational beach lot. b. Rural recreational beach lot: A maximum of 50 dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beach lot. Upon extension of the Metropolitan Urban Service boundary into the rural area, the urban recreational beach lot standards will apply. (12) All recreational beach lots may be used for swimming beach purposes, but only if swimming areas are clearly delineated with marker buoys which conform to the United States Coast Guard standards. NO SWIMMING AREA PLANNED (13) All recreational beach lots shall have a buffer sufficient to insulate other property owners from beach lot activities. This buffer may consist of topography, streets, vegetation, distance (width or depth), or otherfeatures or combinations of features which provide a buffer. To insure appropriate buffering, the city may impose conditions to insulate beach lot activities including, but not limited to: OK a. Increased side or front yard setbacks for beach areas, docks, racks or other allowed recreational equipment or activities; b. Hours of use; c. Planting and maintenance of trees and shrubs; d. Erection of fences; e. Standards of maintenance including mowing and trimming; painting and upkeep of racks, docks and other equipment; disposal of trash and debris; f. Increased width, depth or area requirements based upon the intensity of the use proposed or the number of dwellings having rights of access. (14) To the extent feasible, the city may impose such conditions even after approval of the beach lot if the city finds it necessary. (15) Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to watercraft owned by the owner/occupant or renter/occupant of homes which have appurtenant right of access to the recreational beach lot. OK (16) The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a site plan approved by the city council. ATTACHED (17) Portable chemical toilets may be allowed as a condition of approval of a recreational beach lot. The maintenance and use of chemical toilets on some beach lots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreation beach lots shall be subject to the following: NA a. The minimum setback from the ordinary high water mark shall be 75 feet. Side and front yard setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake. b. It may only be used Memorial Day to Labor Day and shall be removed from the lot during the rest of the year. c. It shall be securely anchored to the ground to prevent tipping. d. It shall be screened from the lake and residential property with landscaping. e. It shall be serviced at least weekly. f. Only models designed to minimize the potential for spilling may be used. g. Receipt of an annual license from the city's planning department. The license shall be issued unless the conditions of approval of this ordinance have been violated. All license applications shall be accompanied by the following information: 1. Name, address, and phone number of applicants. ATTACHED 2. Site plan showing proposed location of chemical toilets. NA 3. Name, address, and phone number of chemical toilet supplier. NA 4. Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone number of person responsible for maintenance. NA 5. A written description of how the applicant intends to screen the portable chemical toilet from all views into the property, including views from the lake. NA (18) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. NONE (19) Gazebos may be permitted on recreational beach lots subject to city council approval and the following standards: NONE a. Minimum setback from the ordinary high water mark shall be 75 feet. b. No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located. c. Maximum size of the structure shall not exceed 250 square feet. d. Maximum height shall not exceed 20 feet. e. Gazebos shall make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high-quality design concept for the lot which is compatible with adjacent and neighboring structures. f. Gazebos shall be properly maintained. Structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, removed, or replaced by the homeowners or beach lot association. g. The following improvements are prohibited in gazebos; screening used to completely enclose a wall, water and sewer service, fireplaces, and electricity. (Ord. No. 377, § 26, 5-24-04) 10 Sec. 20-109. - Applications. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be filed 30 days in advance of the planning commission meeting, at which it is to be considered. Prior to filing an application for site plan review, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of the comprehensive plan and the City Code before incurring substantial expense. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has determined that official action is warranted. The application shall also include: (1) Evidence of ownership or an interest in the property; COMMPLETE (2) The application fee; COMPLETE (3) Complete site plans, signed by a registered architect, civil engineer, landscape architect or other design professional, to include the following. BASIC SITE PLAN ATTACHED (4) General: a. Name of project. ✓ b. Name, address and telephone number of applicant, engineer, and owner of record. ✓ c. Legal description (certificate of survey will be required). ✓ d. Date proposed, north arrow, engineering scale, number of sheets, name of drawer. ✓ e. Vicinity map showing relationship of the proposed development to surrounding streets, rights-of-way, easements and natural features. ✓ f. Description of intended use of the site, buildings and structures, including type of occupancy and estimated occupancy load. ✓ g. Existing zoning and land use. h. Tabulation box indicating: NA 1. Size of parcel in acres and square feet. 2. Gross floor area of each building. 3. Percent of site covered by building. 4. Percent of site covered by impervious surface. 5. Percent of site covered by parking area. 6. Projected number of employees. 7. Number of seats if intended use is a restaurant or place of assembly. 8. Number of parking spaces required. 9. Number of parking spaces provided including handicapped. 10. Height of all buildings and structures and number of stories. 11. Breakdown of the building area allocated for specific uses, e.g., manufacturing, office, retail, showroom, warehouse, etc. (5) Site and building plan: NA a. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations. 11 b. Grading and drainage plans showing existing natural features (topography, wetlands, vegetation, etc.), as well as proposed grade elevations and sedimentation and stormwater retention ponds. Plans shall include runoff and storage calculations for ten-year and 100 - year events. If stormwater is proposed to be routed to existing stormwater ponds, documentation shall be provided to demonstrate that the downstream pond is sufficient to accommodate the additional stormwater. c. All existing and proposed points of egress/ingress showing widths at property lines, turning radii abutting rights-of-way with indicated centerline, width, paving width, existing and proposed median cuts, and intersections of streets and driveways. d. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic -control devices. e. Landscaping plan in accordance with the provisions of article XXV. f. Location, access and screening detail of trash enclosures. g. Location and screening detail of rooftop equipment. Screening shall be provided from the perspective of a point six feet high at all adjacent property lines or from a distance of 250 feet, whichever is greater. h. Location and detail of signage including method of lighting, height, width, sign display area, etc. i. Lighting location, style, mounting and photometrics. j. Building elevations from all directions indicating materials and colors. Interior floor plans may be required. k. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building. List of proposed hazardous materials, use and storage m. Proposed fire protection system. n. Such other information as may be required by the city. o. Photocomposite images, artistic renderings, or site elevations which depict the visual impact of the proposed development's design, landscaping, street layout, signage, pedestrian ways, lighting, buildings, or other details that affect land use within the city shall be submitted. Such images and renderings shall be from key vantage points and provide an undistorted perspective of the proposed development from abutting properties, less intensive land uses, and/or from entryway locations. Photorealistic imaging or renderings are the appropriate level of resolution. (6) Within the HC districts, the application shall also include: NA a. Building elevations from all directions, indicating materials, colors and landscaping at installation. b. Building and site views from Highway 5, the appropriate access boulevard (north or south of Highway 5), and any other appropriate arterial or collector roadways. c. Site views showing the relationships of the proposed building or development to adjacent development, including buffered areas. d. Drawings of all significant or atypical site features, such as unusual landscaping, manmade water features other than retention ponds, outdoor sculpture, or other large-scale artwork and other uncommon constructs. e. Sample building materials. 12 f. Sample paving materials, upon the city's request. (7) Within the BCO district, the application shall also include: NA a. Identified boundaries of the primary zone and secondary zone on a drawing depicting existing conditions and on a site plan depicting the proposed development pattern. b. Calculations and/or drawings that identify the allowable density (number of units or building coverage) under this Code, including lands lying in the primary and secondary zone. Calculation of allowable density shall specifically exclude lands classed as bluffs, floodplains and designated wetlands. Calculation of allowable impervious cover may include bluffs and floodplains but shall specifically exclude designated wetlands. (Ord. No. 119, 2-12-90; Ord. No. 203, § 2, 5-9-94; Ord. No. 212, § 4, 7-11-94; Ord. No. 286, § 6,12-14-98; Ord. No. 315, § 1, 3-26-01; Ord. No. 377, § 15,5-24-04; Ord. No. 474, § 3,10-13- 08) 13 Sec. 20-920. - Structures, boats and waterways. (a) Exemption. This article does not apply to any lakeshore property owned or leased by the city. (b) Nonconforming docks. (1) Permanent docks existing on July 11, 1983, and which do not comply with the structure limitations set forth in this article, shall be deemed to be nonconforming uses. Seasonal docks utilized by privately owned commercial resorts or commercial boat landings prior to July 11, 1983, and which do not comply with the structure limitations set forth in this article shall also be deemed to be nonconforming uses. (2) No nonconforming dock shall be enlarged or altered or increased, or occupy a greater area than that occupied by such dock on September 7, 1983, or on the effective date of or any amendment to this article. A nonconforming dock shall not be moved to any other part of the lakeshore site upon which the same is erected unless it is relocated in such a manner as to conform to the dock setback zone requirements of this chapter. Any nonconforming dock which is partially or totally destroyed by any cause may be restored to its former use and physical dimensions, If the restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a nonconforming dock are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such dock. (3) All docks must conform to dock setback requirements. ✓ (c) Location restrictions. No dock, mooring or other structure shall be so located as to: (1) Obstruct the navigation of any lake; ✓ (2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized under this chapter; ✓ (3) Present a potential safety hazard; or ✓ (4) Be detrimental to significant fish and wildlife habitat or protected vegetation. ✓ (d) Construction and maintenance generally. Docks, moorings and other structures may be constructed of such materials and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a hazard to the public using the waters of the lake and they shall be maintained in a workman -like manner. ✓ (e) Docks. (1) No more than one dock shall be permitted on any lakeshore site. ✓ (2) No dock shall exceed six feet in width and no dock shall exceed the greater of the following lengths: ✓ a. 50 feet; or b. The minimum straight-line distance necessary to reach a water depth of four feet. (3) The width (but not the length) of the crossbar of any dock shall be included in the computation of length described in the preceding sentence. The crossbar of any such dock shall not measure in excess of 25 feet in length. No dock shall encroach upon any dock setback zone; provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. ✓ (4) No person shall store fuel upon any dock. ✓ (5) No oscillating, rotating, flashing or moving sign or light may be used on any dock. ✓ (6) No advertising signs shall be displayed from any dock. ✓ 14 (7) Access across wetlands shall be subject to the standards set forth in section 20405. Docks ✓ shall be elevated a minimum of six to eight inches above the ordinary high water elevation. (f) Mooring, docking, etc., of watercraft. (1) Except for privately owned commercial resorts or commercial boat landings established prior to July 11, 1983, no person shall moor overnight, dock overnight, or store overnight, more than three watercraft on any lakeshore site or upon the waters of any lake. Docking of watercraft at any lakeshore site or storage of watercraft upon any lakeshore site is permissible however at any time other than overnight. ✓ (2) No watercraft shall be moored or docked overnight on the water of any lake unless it is currently registered pursuant to M.S. ch. 86B, either in the name of the owner of the lakeshore site in from of which the watercraft is moored or docked, or in the name of a blood relative of the owner. ✓ (3) Except as provided in subsection (f)(2) above, no watercraft or boat lift shall be kept, moored, docked or stored in the dock setback zone. ✓ (g) Swimming rafts, ski jumps, diving towers, etc. ✓ (1) Swimming rafts may only be located directly in front of a lakeshore site owned by the raft owner or with the written approval of the owner of the lakeshore site. All swimming rafts shall meet the minimum standards in this subsection. Their size shall not exceed 144 square feet. Swimming rafts shall project over the water surface not less than one foot and not more than five feet, measured vertically, above the surface of the lake. Swimming rafts shall not be located in areas with a depth of less than seven feet. Swimming rafts shall be reflectorized as provided in subsection (g)(2). Their distance from the ordinary high water mark shall not exceed 100 feet. (2) Swimming rafts, ski jumps, diving towers and other structures surrounded by the waters of any lake, whether floating or on posts, shall be lighted with a light visible in all directions, or have attached thereto, sufficient reflectorized material so as to reflect light in all directions. The material shall be capable of retaining 80 percent of its dry weather reflective signal strength when wet. (h) Fueling facilities. Installation of fueling facilities on docks, moorings and other structures shall be prohibited. Any fueling facilities which were in active use prior to September 7, 1983, shall be deemed to be nonconforming uses. No such nonconforming fueling facility shall be enlarged or altered or increased or occupy a greater area than occupied on September 7, 1983. Any nonconforming fueling facility which is partially or totally destroyed by any cause, may be restored to its former use and physical dimension if said restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a nonconforming fueling facility are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such fueling facility. NA (i) Removal of seasonal docks, moorings, etc. All seasonal docks, moorings, and other structures shall be removed from the lake before November 1 of each year. All nonconforming structures, except legally nonconforming docks and swimming rafts, once removed may not be returned to the lake. Legal nonconforming moorings, docks and swimming rafts, e.g., the "Carver Beach" raft, may be returned to the lake. NA 0) All structures shall comply with the department of natural resources regulations. ✓ (Ord. No. 483, § 1, 8-10-09) 15 Minnesota Wetland Conservation Act Notice of Decision ."W Gesianment unit (l,GU) Address -- My Of Chanhassen 7700 Market Blvd., PO Box 147 Chanhassen, AIN 55317 Lake Lucy Ridge HOA ® Attach site locator map. L FROJYCY 130ORMATION Lake Ivey Ridge HOA On" Application N umbcr 10/1116 2016-11 ® Welland Boundary or Type ❑ No -Loss SNUCDCWV ❑ Replacement: Plan ❑ Exemption ❑ Nanking Plan ❑ Approve ❑ Approve with conditions Summary (or attach): L Date of Decision: 103VIG ® Approved ❑ Approved with conditions (include below) Denied LGU Findings and Conclusions (attach additional sheets as necessary): BWSR Forms 7-1-10 of 3 W ■m H Page I Westwood Professional Services, on behalf of the Lake Lucy Ridge Homeowner's Association, delineated approximately 400 feet of riparian wetland adjacent to Lake Lucy. The ptupose of the delineation was as due diligence for the forthecoming request of designation as a beach lot under Chanhassen City code for the placement of a dock and perhaps other structures such as a canoe rack The delineation was performed on September 12, 2106. The application was received on 9/27/16 and found to be complete and noticed on 10'5' 16. The delineation identified one wetland. Tle delineated wdland boundary was classified as a Type 2 wetland (PEM 1 B) with some areas of Type 3 (PFM I C) wetland. The interior of the wetland, though not sampled, giver way to a mom permanent hydrologic regime (PEMF) and then to the deep water habitat of Lake Lucy. Terry Jeffery of Chanhassen field reviewed the delineation on 10/11/16 and found the flags to accurately refelect the wetland boundary. Based upon the report provided, available remote sernsmg data, and a site visit Chanhassen, as the LGU responsible for administration of the WCA fords the wetalnd boundary and type determination accurately reflects real conditions. Bank Service Area I County Credits Approved for Withdrawal (sq. fl. or nearest .01 arae) Replaeemeot Plan Approval Coaditloos. In addition to any conditions specified by the L6U. the approval of a lEgligad Replacement Plan is conditional upon the following: ❑ F7aaneW Assaraace: For projee•speci6c replacement that is not in -advance, a financial assurance specified by the LGU must be submitted to the LGU in accordan oc with MN Rule 8420.0522, Subp. 9 (List amount and type in LOU Findings). ❑ Deed Reeording: For project -specific replacement, evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Weiland" fortes have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Witbdrsw'al: For replacement consisting of wetland bank credits, confirmation that BWSR Ms withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands nay not be imparted until all applicalde conditions rave been mail GU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.025 Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation An as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU upon request_ Name Terry Jeffery, WDCP #1116 Water Resources Coordinator Date Phone Number and 11/2/16 952.2Y1.1168 Additional approvals or permits from local, state, and federal a®mcies may appropriate authorities before commencing work in or near wetlams. BWSR Forrn 7-1 A 0 of 3 it required. Check with all Per 2 Applicants proceed at Weir own risk it work authomad by this decision is salted hetorc the time period for appeal (30 days) has expired. If this decision is reversed or revised under appal, the applicant may be responsible for restoring or replacing all wetlutd impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of We date of the mailing of this Notioe to the following as indicated: rl,..-v ® Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. petition and S= fee (if applicable) ro: Send petition and $500 filing fee to: Todd Gerhardt, City Masiftw Executive Director City of Chaahanm Minnesota Board of Wates and Soil Resources 7700 Market Blvd 520 Lafayette Road North Chanhassen, MN 55317 St. Pant, he; 55155 4. LIST OF ADDRESSEES ® SWCD TEP member. Aaron Flake ® BWSR TEP member. Ben Meyer ❑ LGU TEP member (if different than LGU Contact): ® DNR TEP member. Becky Horton ® DNR Regional Office (if different than DNR TEP member) ® WD or WMO (if applicable): Claire Bi ser, RPBCWD ® Applicant and Landowner (if different) ® Members of the public who requested notice: Kristlns Maurer. Westwood Professional Services ® Coops of Engineers Project Manger ❑ BWSR Wetland Bank Coordinator (wetland bank plan decisions only) 5. MAILING INFORMATION ➢ For alist ofBWSR TEP rcprcicntatives: xw-w'4r.statflrm.udabaabwsriworl.'a7ea�/WCA aras.odf ➢For a list of DNR TEP represcatatives: www bwsr since sin us'w lands'wc& D\R IU contacts l !,i'=VW-TI Reg. Env. Auer F<ol. Div. Foot Resources 2115 Bi chmoat Bosch Rd NE a map Reg. Env Assesa. Fool. Div. Ecol. Raeracu 1201 E. Hwy. 2 Grand Rapids, MN rte: Ecol. Div. Eoot. Resources 1200 Warm Road Reg 1•m Ansean, Foot. Div. Ecol. Roascaa 261 Hwy. 15 Swth New Ulm, MN 56073 r For a list of Caps of Project Managers: www mw.tersest_army.miVrrvulaton':'dsfault#spplSld_ or send to: US Army Corps of lingineers St Paul District, ATTN: OP -R 180 Fifth St Ent, Suite 700 St Pmt, MN 55101-1678 BWSR Forms 7-1-10 of 3 In Page 3 ➢For Weiland Bank Plan applications, alw send a copy of the application to: Mimaots Board of Water and Soil Resources Wetland Bank Comdmator 52014&yettc Road North St. Paul. MN 55155 6. ATTACHMENTS lr. addition to the site locator map. list any other attachments: — ® She t_ cation Map ® Approved Delinearbn Baaadwy (F%,m { from War OW repeat) 8 H W SR Foran 7-1 10 Page 4 of 3 19 .1 4 lip. Air I'A Y Document No. OFFICE OF THE T145550 �tepu.11IouW�t� REGISTRAR OF TITLES CARVER COUNTY. H111YIIO Chick efta to59se ppppol 00ISH�oOOA Oatrlad Md 611 an 04162004 at 0900 AM Opm Cod it a nna Document No. OFFICE OF THE A 384SZ0� CARVER COUNTY ' COUNTY RECORDER (B'B ��Ilgllll'I�� Faro Fee S 20 OD Chao* Ede19A ��I�111 1WWWYYY110aII111���YY1l��alo4-l9,2Daat OesD,A pm celtlaad ' 8111k111114W ~ f GRANT OF PERMANENT TRAIL EASEMENT DFNALI CUSTOM HOMES, INC, a "Aresota corporation, hesinafter referred to as "Grantor", in consideration of One Dollars) ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do(es) hereby grant onto the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter refened to as the "City", its succestots and assigns. forever, a permanrnt easement for public [railway purposes over, across, on, under, and through land situated within the County of Carver. State of Mnoesota as described on the attached Exhibit "A". INCLUDING the rights of the Oty, its contractors, agents, servants. and assigns. to enter upon the easement premises at all reasonable tirrres to construct, rec"nttrud, inspect, repmr, and mmntain said public [railway systems over, acroes, on, under. and through the easement premses, together with the right to grade, level, fill, drain, pave, and exravate the easement prentises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction. and maintenance of said public trailway systems. The above named Grantor, for itself, its mx=ssors. heirs, and assigns do covenant with the City, its successors and assigns, that it les well seined in fee title of the above deacrhd easement morn I otu+IORM rxNV7,IW TatoB� 21 prenuscs; that it has the sole right to grant and convey the easement sO the City; that there are w un=orded interests in the easerwnt Arum e; and that it will indemnify and hold the City harmkas for any breach of the foregoing covemmLs. IN TESTIMONY WHEREOF, the Grmtot hemo have signed this sgreerrcnt this _dayof2004. 1 GRANTOR(S)t DFNAll CUSTOM HOMES, INC. David Bicker. IhesideM STATE OF MINNESOTA ) COUNTY OF IGNtI ) The [onegoing ins==' was acknowledged before tree this 15 day of r. 1 _• 2004, by David Bicker, the Presldcnt of Deea6 CtWom HomrS. Iot.• a Mvawala corporw� i� n ORAFrFD BY Pm/rmad Aw[>dio+ J 17 FAimd* OrWt Cc I m Capmtioe Ceras Cw Fina Waeoen 75121 Tfkpl (651)452 -saw yt,4.va [1671 aRf! �111e0 22 2 pEEECCA N.ECNURMRNR a0••n..r. �c . rfaaplA CHANiew Tom 9 1 EXHIBIT "A" TO GRANT OF PERMANENT TRAIL EASEMENT 'Ran. EASFwffrrr DESCRWnON A 10.00 foot permanent easement in Lot 2, Block 3, Lake Lucy Ridge, Carver County. Minnesota, for trail and trail maintenance purposes located southwesterly of the following described line: Beginning at the northerly most port of said Lot 2: amce South 41 degrees 36 minutes 39 seconds East, assumed bearing. along the northeasterly lire of said Lot 2 a distance of 63.54 feet to a point of deflection: thence South 51 degrees 06 minutes 19 seconds East along the northcastaly line of said Lot 2 a distance of 89.77 feet to the easterly most point of said Lot 2, and thea terminating. rY64i $RN41n►9D 23 tllMCMJ^ Resm+Art a MU W. t . U6 CKIa W 463 is fl4AN pRM full a.� ,J Document No OFFICE OF THE REGISTRAR OF TITLES IIYmYg11IIII Tn.11nIII1311p88�9N2IIII�IINN8�qp CARVER COUNTY, MINNESOTA pll'IIIIIIII111pI1uIB� Un 29930 VdP82 Paye 55 Itll NNCWbYYM'fiIIi6d.�vINI.d11I101I'1filed I�ppIdBAA�I�iooII�1�I, 11 P2.0&nn2�II�I1Ntg�IM�I� 91 11 30 CrANCI PM WW I IaIIMN'I�I.III IIY�YbI- 1tI ROBIWY Ont TION DOCUff1eR1 N0 OFFICE OF THE COUNTY RECORDER Aa3p■yf333112 CARVER COUNTY, MINNESOTA I��WIIIII ��� F*n 1-$20 OD Chectl110559 PM IlCarpliad hntlyllb0.p.N0mylrt,d taodspt'fN'e'd�ryy�a�nrryylllppry2-0p�I1'Ii�2pp�pp0eey0AM 1I2ri 1130 S W-114141 Can IIfiII1Ms\WIN AIIIY$I�INIIIYI,IIr CIfY OF CHANf1AssEN CARVER AND MFNNEPIN COUNCfPS, MINNESOTA wEILAND ALTERATION PFRMTf N2001-3 1. A_onn Subject to the tamer and conditions aet forth herein, the City of Chanhassen hereby giants a wetland alteration pemnt for the following int WoUtind Altetaoon Pcmut to fill 4.580 square feet of wetland 2 TI, Parrott is for properly stiuritd to the City of Chardiasien Carver County, Minnesota, and legally descnbed as Lake Lucy Ridge 3 Gums The prat is issued for lake Lucy Ridge as shown on the plans dated nxzived Febuary, 19, 2001 and srbled to the following conditions' a Wetland rtplacemenl shall occur un a merrier co siatnt with the Minnesota Wetland Conservation Act (MR 8420) b The plans shall straw a fixed photo rnorutonng point for the rcolacement wedand A live -yea: wetland raplacerreni ricinitonng plan shall be subnrtted TM applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Welland The City shall approve a wetland replacetaent plan Prior to wetland impacts rts:urnng. c. Weiland buffer arta shall be preaervtd unless otherwise approved by the City All disturbed buffer areas stall be reveguated with riaove, non-invasive vegetation Buffer shall be surveyed and staked in accordance with the City's wetland ordinance The applicant shall Install wetland buffo edge signs, under the direction of City stiff, before construction begins and shall pay the City $20 per sign d All structures shall maintain a 40 -foot setback ftom the edge of the wetland buffer c Drainage and utility easements shall be provded over all existing wetlands, wetland rmugauon areas and storm water ponds 1 Type m silt frau shall bt pionded d)eceat io all wcWd fill aieu, amu b be preserved as buffer or, if no buffer is to be preserved. As ft deha"ted welare. edge g. Any disturbed wetland areu shall be tesaded snih MnDOT wad m a 25 A. a a sinular sad ms that is apprned for wedatd soil condhuoru b The apphrartt shall apply for aid owrn pc=ts from the apprWnwe rtguldary agerinee (c g. Rikv-Popsny-Blu f CmL W atenhed Dannct. Army Corps Of Engtaen) aid comply with that condoms of aplyavd a Te ,aa,mnf Butt M ewy may revoke the pvmt fdbwirq a pubic heanng for vtolmon d do u d dws prm t 5 Lame H withm ane year d she stsuaoce d flus pamk th sNiorinfd Loti�riitbon has not b= subsunttally, mmpWed Or the time commmced thu paint shill lapse, unbm an eaacnsion is grated an wcadrrce with the Chmwsk n Zoning Ordinance 6 T =U" Jymdq Vloi t of tht lana d aus co dnwnd use pa i n • a rAI Rusdemeanor Wind Us) 7R 7is12 CITY OF CRAMIASSEN y sril By TOM Gmhar& City Manager STATE OF MINNESOTA ( as CODNTY OF CARVER) Tae fatgomg msu ., .0 mAi kdgod Iduc ne am Z Oay d30n=. by Linda C Jansen, Mayor and Todd Gerhard, City Mmiga, of the City of Chwla x . MivaYaa munwapal cmporatim, On behalf ofthe twrpmattm and p=,,ni to authority panted b/, a CRY Couml A,y,,.b! W -4k -h&, en Public DRAFTED BY Csasa�%t�1 City of C wthassai dfGc.7a.wk a BblUh"01 P O Bas 147 *A/7 gggy Mt¢ LWMWI Charihnsen, MN 55317 ,wNV 55/12 Wes'^'11P' WMAM90 25 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on February 9, 2017, 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 a request for a conditional use permit and a wetland alteration permit for the creation of a 5 -acre recreational beach lot for the Lake Lucy Ridge Subdivision Residents. The request includes a private seasonal dock serving non -motorized watercraft and a canoe rack for six vessels. The site is located south of Lake Lucy Road, on the northwest corner of Lake Lucy 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. Subs bed and sworn to before me this day of .2017. tary Public Kim T Meuwissen, Deputy JENNIFER ANN POTTER Notary Public -Minnesota My Commission Expi— Jun 31, 2020 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 21, 2017 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a conditional use permit and a wetland alteration permit for the creation of a 5 -acre recreational beach lot for Proposal: the Lake Lucy Ridge Subdivision Residents. The request includes a private seasonal dock serving non -motorized watercraft and a cone rack for six vessels. Applicant: Lake Lucy Homeowners Association Property South of Lake Lucy Road, on the northwest comer of Lake Lucy. Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2017-04. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff Questions & by email at saijaffPa.ci.chanhassen.mn.us or by phone at 952- Questions & 227-1134. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEW Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign u l City Review Procedure: • Subdlvlslons, Planned Unit Developments, site Man Reviews, Conditional and Interim Uses, wetland Alterations, Rezonings, Comprehensive Ran Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application m wolfing. My Interested party Is invited to attend the meeting. • Stan prepares a report on the subject application that Includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a pan of the hearing process. The Commission will close the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the Gly Council except rezonings and land use amendments from residential to cgmmeroial/mdustdal. • Minnesota State Statute 519.99 requires all appiicallms to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any penton wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentalive Is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any interested pem0n(s). • Because the Manning Commission holds the public hearing, the City Council does not, Minutes are taken and any correspondence regarding the applicatlon will be included In the report to the City Council. If you wish to have something to be Included In the report, lease contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 21, 2017 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a conditional use permit and a wetland alteration permit for the creation of a 5 -acre recreational beach lot for Proposal: the Lake Lucy Ridge Subdivision Residents. The request includes a private seasonal dock serving non -motorized watercraft and a cone rack for six vessels. Applicant: Lake Lucy Homeowners Association Property South of Lake Lucy Road, on the northwest comer of Lake Lucy. Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2017-04. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff Questions & by email at saljaff(o)ci.chanhassen.mn.us or by phone at 952 - Comments: 227-1134. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEW Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews, conditional and interim Uses, wetland Alterations, Rezonings, Comprehensive Plan Amendments and Cods Amendments require a public hearing before the Planning Commission. City oMlnances require all property within 500 feet of the subject site to be noel of the application In wilting. My interested party is invited to attend the meeting. • Staff prepares a report on the subject application that induces all pertinent information and a recommendation. These reports are available by request. Al the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a pert of the hearing process. The Commission will dose the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Remnings. land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallndustdal. • Minnesota State Statute 519.99 requires ail applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meari • A neighborhood spokespersonlrepresentaave is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Mnutes arewken and any correspondence regarding the application wilt be included in the report to the City Council. 0 you wish to have something to be included In the report, lease contact me Manning Staff person remetl on Ue notificatlgn. Taxpayer Name Taxpayer Address Taxpayer City -State -Zip KATHRYN KENYON RANDALL 1571 LAKE LUCY RD EXCELSIOR, MN 55331-9022 JOSEPH 1 & D GAYLE MORIN 1441 LAKE LUCY RD CHANHASSEN, MN 55317-8405 CATHERINE ANNE SWANSON 6855 RUBY LN CHANHASSEN, MN 55317-7592 ROBERT C & SUSAN J DAHUN 6865 RUBY LN CHANHASSEN, MN 55317-7592 EDNA VASSILOVSKI 37 HIGH ROCK RD WAYLAND, MA 01778-3607 JONATHAN D HENDRICKS 6885 RUBY W CHANHASSEN, MN 55317-7592 ANDREWS FAMILY TRUST 6895 RUBY LN CHANHASSEN, MN 55317-7592 ASHUNG MEADOWS HOMEOWNERS 7100 MADISON AVE W GOLDEN VALLEY, MN 55427-3602 JAMES F & CLAUDETTE G SCHLUCK 6800 UTICA TER CHANHASSEN, MN 55317-9557 ROBERT H LONG 6830 UTICA TERR CHANHASSEN, MN 55317-9557 RONALD & MARY KNUDTEN JT REV TRUST 6850 UTICA TERR CHANHASSEN, MN 55317-9557 PATRICK A MOHR 6890 UTICA TER CHANHASSEN, MN 55317-9557 GLORIA & DALE E CARLSON 6900 UTICA LN CHANHASSEN, MN 55317-9201 DARYL WEISPFENNIG 6930 UTICA LN CHANHASSEN, MN 55317-9201 BARRY G DALLAVALLE 6960 UTICA LN CHANHASSEN, MN 55317-9201 WILLIAM D LAMBRECHT 6990 UTICA LN CHANHASSEN, MN 55317-9201 TIMOTHY HOWARD MCCOTTER 7000 UTICA LN CHANHASSEN, MN 55317-9214 _ MICHAEL L & KRESSIN B KRAUSE TRUSTS 7050 UTICA LN CHANHASSEN, MN 55317-9214 SCOTT E & TAMARA G SATHER 7090 UTICA LN CHANHASSEN, MN 55317-9214 ROCKFORD R WALDIN 7100 UTICA LN CHANHASSEN, MN 55317-9528 KREG Z & USA LEVINE 1850 LAKE LUCY RD EXCELSIOR, MN 55331-9078 ALAN K PETERSON 1831 LAKE LUCY LN EXCELSIOR, MN 55331-6504 MERLE W & DIANE M STEINKRAUS 1800 LAKE LUCY RD EXCELSIOR, MN 55331-9078 JERRY REUEL GILL 1760 LAKE LUCY RD EXCELSIOR, MN 55331-9025 PATRICK V JOHNSON 1730 LAKE LUCY LN EXCELSIOR, MN 55331-6501 WILLIAM R & PAMELA G ASPLIN 1665 STELLER CT EXCELSIOR, MN 55331-9080 PHILIP R THIESSE 1675 STELLER CT EXCELSIOR, MN 55331-9080 ALAN ROBERT & MARY E WEINGART 1685 STELLER CT _ EXCELSIOR, MN 55331-9080 BO ANDERSEN 1695 STELLAR CT EXCELSIOR, MN 55331-9080 ALLEN L & BARBARA FINSTAD 1701 STELLER CT EXCELSIOR, MN 55331-9080 GORDON A MEDEIROS JR 6820 LUCY RIDGE LN CHANHASSEN, MN 55317-7597 BRIAN C & DONNA M STRAUSS 6840 LUCY RIDGE LN CHANHASSEN, MN 55317-7597 WILLIAM & USA ROTHSCHILD 6860 LUCY RIDGE LN MN 55317-7597 JEFF CANNON 1810 EMERALD LN _CHANHASSEN, CHANHASSEN, MN 55317-7596 _ _ ANGELO J & CARA L GAUOTO 1805 EMERALD LN CHANHASSEN, MN 55317-7596 TIMOTHY 1 HEIL 6900 LUCY RIDGE LN CHANHASSEN, MN 55317-7599 JEFFREY F NEICHIN 1790 LUCY RIDGE CT CHANHASSEN, MN 55317-7661 DONOVAN 1 LOHRENZ 1780 LUCY RIDGE CT CHANHASSEN, MN 55317-7661 GREG MCGUIRK 1770 LUCY RIDGE CT CHANHASSEN, MN SS317-7661 MARK A & JACQUELINE D PHILUPS REV TRUST 11760 LUCY RIDGE CT CHANHASSEN, MN 55317-7661 BRIAN M SCHLICHTER 1750 LUCY RIDGE CT CHANHASSEN, MN 55317-7661 CHRISTOPHER R ZAETTA 1795 LUCY RIDGE CT tCHANHASSEN, MN 55317-7661 PER ULFSON & MOLLY M LAGERBACK 6875 LUCY RIDGE LN CHANHASSEN, MN 55317-7598 KRISTIN S LENK REV TRUST 6895 LUCY RIDGE LN CHANHASSEN, MN 55317-7598 _ JOHN J BUTCHER 6915 LUCY RIDGE LN CHANHASSEN, MN 55317-7661 _ _ BARRY G & JENNIFER J FRIENDS 6935 LUCY RIDGE LN CHANHASSEN, MN 55317-7599 LAKE LUCY ROG HOMEOWNERS ASSN 8315 PLEASANT VIEW DR MOUNDS VIEWN, MN 55112-6139 BRIAN 1 & DENISE A CARNEY 6566 SHADOW LN CHANHASSEN, MN 55317-9375 LARRY A & HEIDI A NURSE 6249 COLE AVE CARMICHAEL, CA 95608-4512 _ _ BRYAN D MCCOSKEY 6720 POINTE LAKE LUCY CHANHASSEN, MN 55317-8434 CHRISTOPHER J LIWIENSKI 6721 POINTE LAKE LUCY CHANHASSEN, MN 55317-8434 GLENN A MCPHEE POINTE LAKE LUCY CHANHASSEN, MN 55317-8434 PRINCE R NELSON _6715 7801 AUDUBON RD CHANHASSEN, MN 553178201 DENNIS E & SUSAN J SCHEPPMANN 6740 LAKEWAY DR CHANHASSEN, MN 55317-7579 MATTHEW L & SUZANNE C WOODS 6745 LAKEWAY DR CHANHASSEN, MN 55317-7579 ANTHONY D & GRETCHEN A ROEPKE 4646 KILDARE RD MOUND, MN 553641859 AI-Jaff, Sharmeen From: Candice M. Kantor <CKantor@barr.com> Sent: Wednesday, February 15, 2017 8:20 AM To: AI-Jaff, Sharmeen Cc: Scott Sobiech; Claire Bleser (cbleser@rpbcwd.org); Candice M. Kantor Subject: RPBCWD Preliminary Review of Lake Lucy Ridge HOA Beachlot Project RPBCWD has reviewed the preliminary information provided for the Lake Lucy Ridge HOA Project. Based on the information provided, it appears that the project plans to install a dock on Lake Lucy and will involve less than 50 cubic yards or 5,000 square feet of land disturbing activity. This would be considered placing a structure in contact with the bed of a public water, which is not regulated by RPBCWD. A permit may be required from the MN DNR for the installation of the dock. If the project will disturb more than 50 cubic yards or 5,000 square feet of land, an application must be provided to RPBCWD and permits from RPBCWD may be required including but not limited to erosion and sediment control, wetland buffers, shoreline and streambank stabilization, and stormwater management. A shoreline and streambank stabilization permit from RPBCWD will be required if a sand blanket is installed at the site. Please contact me or Scott Sobiech (952-832-2755) with any additional questions. Candice M. Kantor. PE Water Resources Engineer Minneapolis, MN office: 952.832.2868 cell: 989.289.3048 ckantor@barr.com www.barr.com AI-Jaff, Sharmeen From: AI-Jaff, Sharmeen Sent: Tuesday, February 21, 2017 6:11 PM To: AI-Jaff, Sharmeen Subject: FW: Re Case 2017-04 Lake Lucy Ridge Recreational Beach Lot From: Barry Dallavalle[mailto:barry.dallavalle@gmail.com] Sent: Thursday, February 16, 2017 11:01 AM To: AI-Jaff, Sharmeen Cc: Scott Sather Subject: Re: Re Case 2017-04 Lake Lucy Ridge Recreational Beach Lot Thank you, Sharmeen, for the quick and complete response! All good! More power to you on the recommended condition of approval. I'll look for the staff report posting and let you know if we have any additional comments. And look forward to meeting you next week! Thank you, Barry From: AI-Jaff. Sharmeen Sent: Wednesday, February 15, 2017 9:34 AM To:'Barry Dallavalle' Cc: Scott Sather Subject: RE: Re Case 2017-04 Lake Lucy Ridge Recreational Beach Lot Good morning Mr. Dallavalle and thank you for your comments prior to the meeting. The answers to your questions are below in blue. The staff report will be available by the end of the day and will be posted on the City's website in the Proposed Development section. Please call or e-mail me with any additional comments. Sincereh , s Sharmeen AI-Jaff Senior Planner 0 CITY OF CHANHASSEN PH. 952.227.1134 FX. 952.227.1110 www.ci.chanhassen.rnn.us M From: Barry Dallavalle Imailto:barry.dallavalleCdemail.coml Sent: Tuesday, February 14, 2017 5:37 PM To: AI-Jaff, Sharmeen Cc: Scott Sather Subject: Re Case 2017-04 Lake Lucy Ridge Recreational Beach Lot Hi Ms.AI-Jaff, As the President of the Lake Lucy Homeowners Association, I am writing you with a few questions from our membership (15 lots) regarding this case. I, and possibly other members, do plan to attend the upcoming Planning Commission meeting next Tuesday but wanted to check in with you prior to the hearing. First of all, I can say that no one has expressed any issues with the proposal as defined. The proposal seems reasonable and we welcome use of the lake by any resident using it legally. Most of the questions seek clarification. 1. In the mailed notice, the Applicant is referred to as the "Lake Lucy Homeowners Association". This is the name we use for our Association which includes the lake residents on the east and north sides of the lake. I believe the Lake Lucy Ridge folks are also using that name to refer to their Association whose members are Lake Lucy Ridge property owners (west side of the lake). I'm not sure which Association came first but it might lead to confusion. For what it's worth, we do have our Association registered and a taxpayer id assigned to it. The name of the association is "Lake Lucy Ridge Homeowners Association". All the documents reflect the accurate name with the exception of the mailed notice. Thank you for bringing it to my attention. 2. Some of our older members recall some kind of use agreement regarding this lot between the developer and the city. This may have happened in the early 90s as the Lake Lucy Ridge development was getting underway.. No one is sure if an agreement actually exists or what might have been agreed to. But, I wanted to give the commission a heads up in case a question regarding it is voiced at the hearing. If you do find evidence of a prior agreement, could you let me know of its substance in advance of the meeting? Prior to Lake Lucy Ridge subdivision being developed, there were conversations between the city and the land owner regarding possible acquisition of the lot. That acquisition did not occur. 3. If the proposal is accepted, will uses exceeding the planned use require another public hearing? In other words, if I read this correctly, if the designation as a recreational beach lot (Sec. 20-266) allows more uses than what this proposal requests, would another public hearing be required to gain those additional uses? Or is the Applicant able to freely expand its use as long as it does not exceed the possible use of a recreational beach lot? For example, they could moor motorized watercraft overnight, add sailboat slips, add more canoe racks, build a gazebo, etc. One of the recommended conditions of approval for this application states "An amendment to the Conditional Use Permit shall be required for any changes to the beachlot including but not limited to: dock configuration, installation of portable chemical toilets, placement of boat racks, and placement of structures." I also need to point out that the approval of this application is for the plans submitted on January 20, 2017. Any intensification of the use will require an amendment to the Conditional Use Permit. 4. If the proposal is accepted, would there be any new restrictions placed on the current users of the lake as a result? For example, user density so high that motorized boats are no longer permitted, etc. No, the approval of this application will not place restrictions on the current users of the lake. Thank you very much for your consideration. I look forward to any response. Bary Dallavalle President, Lake Lucy Homeowners Association AI-Jaff, Sharmeen From: Bo Andersen <bolandersen@netscape.net> Sent: Friday, February 17, 2017 4:53 PM To: AI-Jaff, Sharmeen Subject: Input for the February 21st, 2017 Planning Commission Meeting regarding proposed Lake Lucy Canoe and beach facilities. Attachments: Lake Lucy Homeowner's Input.pdf Dear Ms. Sharmeen AI-Jaff, Please confirm that you have received this and will be able to provide this input to the planning commission and hearing attendees at the February 21 st hearing. Sincerely, Bo Andersen Friday, February 17th, 2017 Input for the February 21st, 2017 Planning Commission Meeting regarding proposed Lake Lucy Canoe and beach facilities from Bo Andersen & Angela Brown, 1695 Steller Court, Chanhassen, MN, 55331 As we are out of town, we would like to provide input to the City of Chanhassen's February 21st, 2017 planning commission hearing regarding a conditional use permit and a wetland alteration permit at Lake Lucy as applied for by the Lake Lucy Homeowner's Association. We understand that the hearing is a formality and that the City has made up its mind on this matter. Nevertheless, we want to register our strong objections to this project as follows and propose alternatives. I. Firstly, it is misleading for that homeowner's Association to be called the Lake Lucy Homeowner's Association. Over half of the lakefront homes including ours are not represented by this association or this application would not have been filed. Our homes existed LONG before the homes represented by said association was even contemplated. II. We could understand for a simple pier to be built for canoes not to exceed 6 in number. However, a beach area will ruin the character of the lake area, will create noise for the other residents and will disturb or even drive away the bald eagles and other protected bird species which nest by the lake. We strongly object to creating a beach area. We contend that it will reduce the quality of living for the other lake residents and also reduce the value of properties, especially those on Steller Court in the closest proximity to the proposed facilities. III. It is our understanding that a chain link fence is proposed to be erected in close proximity to the back lots of several of the Steller Court properties including ours. This is an unacceptable eyesore and will reduce the value of those properties. If a fence is to be built, it needs to be made from wood and an architect needs to be commissioned to properly blend it into thelandscape. IV. There is a very real risk that this facility will attract trespassers onto the back lots of the properties at Steller Court, including ours. We submit that the Lake Lucy Home Owners Association needs to pay for the design by said architect and installation of fencing to close off access from the proposed facilities and also from Lake Lucy Road and onto the Steller Court back lot meadowland directly adjacent to the proposed facilities. V. With no proposed access to the proposed facilities for the many other Lake Lucy homeowners, we expect deductions in our property valuations going forward. We would expect for the city to proactively reduce our property valuations starting in the year that this project is built. In summary, - No beach facilities should be permitted to be built. - Overdevelopment does not equate to progress. It is bad for the environment and will create noise issues. - We urge you to at least not approve a beach area and to stipulate the fencing changes proposed in the above. - If canoe facilities are to be built, the city of Chanhassen should build it and make it available to all Chanhassen (lake) residents or via a permit process or stipulate that the Lake Lucy Homeowner's Association do so. We trust that the Homeowner's Association, the City and its Sheriffs Office will be responsive to the noise complaints that surely will arise. Sincerely, Bo Andersen Angela Brown 1695 Steller Court Chanhassen (mail address Excelsior) MN 55331 AI-Jaff, Sharmeen From: jbrandall@aol.com Sent: Friday, February 10, 2017 4:52 PM To: AI-Jaff, Sharmeen Subject: Lake Lucy Ridge Homeowners Assoc. Sharmeen, I just read the details for the possible CUP permit for the association. If I read the documentation correctly they are asking for a dock which will have a canoe type rack at the end of the dock with security and all. If this is all they are requesting I do not have a problem with this and am quite aware about trying to access the lake, my dock is longer than a football field. I believe Barry Dallavalle, our Lake Lucy Lake Shore Owners Association will be at the meeting. Betsy Randall 1571 Lake Lucy Rd. AI-Jaff, Sharmeen From: Rob Dahlin, ARM, ALCM <rdahlin@csdz.com> Sent: Saturday, February 18, 2017 6:44 AM To: AI-Jaff, Sharmeen Subject: Lake Lucy Homeowners request for private beach - planning notice Sharmeen I live adjacent to the Lake Lucy neighborhood ( Ashling Meadows) and I utilize the public path that goes behind the neighborhood and runs along Lake Lucy . The trail terminates at the woods ( with a sign saying future trail expansion). We often will walk onto the Lake in the winter when frozen with the dogs or just to walk on the Lake. We also walk into the woods along a trail . I am concerned that this privatization of a lake front area will restrict the public from accessing the lake in the winter or during any time of the year. Could there be a public access to put in a canoe or non motorized device as well? Lake Lucy should be accessible to the public as well and the private homeowners association should not be allowed to restrict those of us in neighborhood who also utilize this area. My concerns. Thank you for your time. Respectfully, Rob Dahlin Sent from my iPad Rob Dahlin, ARM, ALCM I Vice President 150 S 5th St, Ste 2800 Minneapolis, MN 55402 D: 612.349.2420 I M: 612.710.1073 1 F: 612.349.2490 rdahlin@csdz.com www.csdz.com cobb Strecker dunphy & zimmermann _= Privacy Statement =____ NOTICE - CONFIDENTIAL INFORMATION: The information in this communication is strictly confidential. It is intended solely for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, any dissemination, distribution, copying or other use of the information contained in this communication is strictly prohibited. If you have received this communication in error, please first notify the sender immediately and then delete this communication from all data storage devices and destroy all hard copies. PLEASE NOTE: Coverage can not be bound or altered without written confirmation from agency personnel. Affidavit of Publication Southwest Newspapers State of Minnesota) CITY OF CHANHASSEN )SS. CARVER COUNTIES County of Carver ) NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2017-04 NOTICE IS HEREBY GIVEN Laurie A. Hartmann, beingdulysworn, on oath says that she is the publisher or the authorized that the Chanhassen Planning agent of the publisher of te nes known as the Chaska Herold and the Chanhassen Vil- Commission will hold a public g P Papers hearing on Tuesday, February lager and has full knowledge of the facts herein stated as follows: 21, at 7:00 p.m. in the Council Chambers in Chanhassen (A)These newspapers have complied with the requirements constituting qualification as a legal City Hall, 7700 Market Blvd. newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as The purpose of this hearing amended is to Consider a request for a t ,U conditional use permit and a printed public notice that is attached to this Affidavit and identified as No. T / I I wetland alteration permit for the (g) The P creation of a 5 -acre recreational was published on the date or dates and in the newspaper stated in the attached Notice and said beach lot for the Lake Lucy Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of Ridge Subdivision Residents. the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both The request includes a private inclusive, and is hereby acknowledged as being the kind and size of type used in the composition seasonal dock serving non- and publication of the Notice: motorized watercraft and a canoe rack for six vessels. The site is located south of Lake Lucy Road, abcdefghijklmnopgrstuvwxyz on the northwest corner of lake n Lucy, Outtot B, lake Lucy Ridge Addition, Lake Lucy Homeowners Association. A plan showing the location LaurieA. Hartmann of the proposal is available for public review on the city's web site at www.ci.chanhassen. Subscribed and sworn before me on mn.us/2017-04 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with this -1 day of �D pYU�-a�N 2017 respect to this proposal. vita Sharmeen Al-Jaff, Senior Planner Email: sauaff@ci.chanhassen. mn.us 2/ JYMMEJEANNE17EBARK Phone: 952-227-1134 (Published in the Chanhassen No lir NOTARYPUBUC-M'NNESOTA Pillager on Thursday, February •.� MymiromsSIONDFRES01131AB 9 2017, No 4411) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCANNFC "O� ati E • Ff a t � R L tete a� fezt a , E tarF ! is t f $ €aa��jjie #�[t .R{1gi3e yy 8ig A x N L$ F6 8 Ba t t�'R€i1il� 1 FarF# LFj E ;s If li F � : ,'eelt'3t I$'fi3r ra�.Eatl�����i° 1� r i F Li } s8 �{ 83 atl 3$ gepa�dF'a3 p'i'�$8 Li $ 3 i�pj a�i L$�#ta a�ie•.$1F:g$�j� Ft �� s� 6F� a � i41 iLS pp t pi}$�a6fitpt€ Ea s� f�$5i; �� � �,�]]t Felt-tt1 r II ��'-i •d s ��,, 6E ' f,S3 �I$S a L Birt it� a= :� ��;Fp�R ; a€ �y[{� �t€ � 11 (��T�Oil i tasa �$3� to La§sL:4a lr_r. F3 ►1 € 1 filFt �g ¢144 lil ww rwmm' LWts _ W9s—rw•$f$— ♦- _________Y!______ �r I \I Oli i Z li 13018 i 6 II__ ___—_ r I� I I L—� _ ` y'� ' itl�III � 1 '� OlvaW ilei �44 •,� • . jJ 161 yp • _SBN. _J .• iam.� i' 1 g a- °a " r__s___�M -- ppppppr m ,•. 7 T14 �E sF 1 _.-u• ws° a• i UVOEIjAJfil 3MYl c it,- = I COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CITY OF CHONSEN 0 Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: Janua 24, 2017 February 19, 2017 January 20, 2017 Contact: Contact Phone: Contact Email: Sharmeen AI-Jaff 952-227-1134 saljaff@ci.chanhassen.mn.us Senior Planner Planning Commission Date: City Council Date: 60 -Day Review Period Deadline: February 21, 2017 at 7:00 p.m. March 13, 2017 at 7:00 p.m. March 21, 2017 Application: Consider a request for a conditional use permit and a wetland alteration permit for the creation of a 5 -acre recreational beach lot for the Lake Lucy Ridge Subdivision Residents. The request includes a private seasonal dock serving non-motarized watercraft and a canoe rack for six vessels. The site is located south of Lake Lucy Road, on the northwest corner of Lake Lucy. Outlot B, Lake Lucy Ridge Addition, Lake Lucy Homeowners Association. Planning Case: 2017-04 j Web Page: www.ci.chanhassen.mn.us/2017-04 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adjacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ® Fire Marshal Watershed Districts: ❑ Minnetonka ® Forester ❑ Shorewood ® Park Director ❑ Carver County WMO El Victoria ® Water Resources ❑ Lower MN River ® Law Enforcement ❑ Minnehaha Creek gdiacent Counties: ® Riley -Purgatory -Bluff Creek Carver County Agencies: ❑ Hennepin Utilities: [-I Scott ElCommunity Development E] Cable TV Mediacom ❑ Engineer — 9 School Districts: ElElectric Minnesota Valley — El Environmental Services ❑ Historical Society ❑ Electric — Xcel Energy ❑ Eastern Carver County 112 ❑ Parks ❑ Magellan Pipeline ❑ Minnetonka 276 ® Soil & Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink Other Aaencies: State Aaencies: ❑ Hennepin County Regional Railroad ❑ Board of Water & Soil Resources Authority ❑ Health ❑ MN Landscape Arboretum ❑ Historical Society ❑ SouthWest Transit ❑ Natural Resources -Forestry ❑ TC&W Railroad ® Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation COMMUNITY DEVELOPMENT DEPARTMENT '�Ij�,Q WN �1 Planning Division – 7700 Market Boulevard Cl 1 1 OF C11i11111i1A1SEN Mailing Address – P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW REVIEW 2 / � Submittal Date: ZO 2 �' PC Dale: z l CC Date: 3 3 T 60 -Day Review Date: ✓{ ZI lL T Section Application .• .rr (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑� Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 AllOthers ......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others ......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review (SPR) ❑ Administrative.................................................. $100 ❑ Commercial/IndustrialDistricts'......................$500 Plus $10 per 1,000 square feet of building area: (_ thousand square feet) Include number of existing employees: Include number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit (_ units) ❑ Subdivision (SUB) F) Notification Sign (City to install and remove)...................................................................................................................... $200 ❑ Property Owners' List within 500' (City to generate after pre -application meeting) .................................................. $3 per address I— addresses) ❑ Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑� Conditional Use Permit El Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑r Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements( easements) TOTAL FEE: Required Information Description of Proposal: Lake Lucy Ridge HOA is seeking a permit to install a dock on Lake Lucy Property Address or Location: Parcel #: 254160190 Legal Description: Lake Lucy Ridge out lot B Total Acreage: 5.00 Wetlands Present? ® Yes ❑ No Present Zoning: Single -Family Residential District (RU Requested Zoning: Single -Family Residential District (RSF3 Present Land Use Designation: Parks/Open Space 0 Requested Land Use Designation: Parks/Open Space Q Existing Use of Property: Trail / storm pond / open space ❑ Check box is separate narrative is attached. ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots.......................$600 + $15 per lot ( lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment ......................................... $150 ❑ Final Plat ..........................................................$700 (Includes $450 escrow for attorney costs)' 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ❑ Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. F) Notification Sign (City to install and remove)...................................................................................................................... $200 ❑ Property Owners' List within 500' (City to generate after pre -application meeting) .................................................. $3 per address I— addresses) ❑ Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑� Conditional Use Permit El Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑r Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements( easements) TOTAL FEE: Required Information Description of Proposal: Lake Lucy Ridge HOA is seeking a permit to install a dock on Lake Lucy Property Address or Location: Parcel #: 254160190 Legal Description: Lake Lucy Ridge out lot B Total Acreage: 5.00 Wetlands Present? ® Yes ❑ No Present Zoning: Single -Family Residential District (RU Requested Zoning: Single -Family Residential District (RSF3 Present Land Use Designation: Parks/Open Space 0 Requested Land Use Designation: Parks/Open Space Q Existing Use of Property: Trail / storm pond / open space ❑ Check box is separate narrative is attached. Section • Applicant 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: Greg McGuirk Contact: Address: 1770 Lucy Ridge Ct Phone: City/State/Zip: Chanhassen, MN 55317 Cell: (773) 490-1852 Email: gomcguirk@gmail.com Fax: Signature: Date: 1/20/17 PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: 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 speck 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: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ 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 (required). SAVE FORM PRINT FORM SUBMIT FORM Lake Lucy Ridge HOA Dock Project January 20, 2017 Applicant: Lake Lucy Ridge Home Owners Association Parcel ID: 254160190 Contact: Greg McGuirk, HOA President 1770 Lucy Ridge Ct, Chanhassen, MN Phone: 773-490-1852 Email: gomcguirk@gmail.com Project Description: The homeowners that make up Lake Lucy Ridge HOA have unanimously voted to pursue an application for a conditional use permit with the ultimate intention of gaining approval to install a seasonal dock on Lake Lucy for the enjoyment of all our Association residents. The intent is to install a dock on the southern end of the HOA property as shown in the attached site map. The dock will need to be approximately 160' long to extend through the delineated wetland and cattails. The water depth at the end of the dock, as shown on the site map, is approximately 3' (see pictures on page 7). The end of the dock will have a 25' tee with 3 canoe racks mounted to the vertical supports (see pictures on page 6). Each rack holds two canoes. There will be no powered watercraft. Aware of the surrounding current and future developments in the surrounding area, the ability to restrict non-resident access to the dock, as well as ensuring safety, has been top of mind. The plan includes the installation of a security gate (drawing attached) at an appropriate location (see map) that would prevent easily bypassing the gate. A no trespassing sign (see page 5) or similar would be attached to the security gate. Installing the boat racks behind the security gate will also help prevent damage to or vandalism to resident's watercraft. Our intent is to purchase the dock from Great Outdoors Services, LLC who will install the dock. It is our understanding that they are an experienced and professional installer well aware and conscious of the environmental impact of the installation. While the legs of the dock will penetrate the cattails, we have chosen the shortest possible path through them. Also, there is currently a 3' wide path worn through the cattails that has been used over the years to access the lake since there is no dock or other means for homeowners to access the lake. This path should heal once the dock is installed, thus leaving the cattails healthier than prior to this project. The Association and Great Outdoors Services are both aware that motorized vehicles are not permitted on the walking path and will develop an alternative plan to transport the dock sections and other construction materials to the site. Likely this will mean hand carrying or manually carting the materials. Other than the dock, there will be no other structures or services as part of this project. There is not currently, nor will there be, vehicular access to the dock or any kind of motorized boat launch. Site Mao oWa�eaa ear�Po O1l,Rra�,�h�ef aha Westwood 4 Lapend Proiec[Area Pr—eis � DNiroatetl Wetlantl MWLEx"ng Asphalt Pair, ® Pier Wow Chip Pat, Fit Locum w Can CA10! Rack W x 12' NOTES Nbod Cap path is a feet wide and edefds from erc currently exia" aspha%path b the pier. The mains section of the pier will extend easwrard from shs imo the lake avid will hose dknensims ce A feel axile x 100 feet kxg. Twp addhions ants with dimeme o$ 20 feet long x 4 feel wide wAi marred b fp a T at the and of the main pier sedim. Canoe Rack will be kxwted m One of me end seWms of the Pier. Oramrq M a schematic for Auarratiw p:trposes wdy. Lake Lucy Chanhassen. Minnesota N Proposed Pier, Path, & Canoe Rack Feet Locations and Dimensions 0 50 NnvAmhor 7d ?nlF; Security Gate i Y LF(rt110 Y�....n Ytr f �maOR� •a )5 �..t... YYrrYr. !J 11L III NO TRESPASSING 5 v _. _ __ _YVIIWRYwYrYL�W M 2. v _. _ __ _YVIIWRYwYrYL�W M m Great Outdoors Services, LLC 18480 Country Squires Circle Prior Lake, MN 55372 (612) 470-3625 tpopeft eatoutdoorsservices.com ESTIMATE ADDRESS John Butcher 6815 Lucy Ridge Lane Chanhassen, MN 55317 SALES REP Trevor eauut v txxxa uuuwra rnaunwlwesasmKrsue aria-......�..r<...� ESTIMATE A' 1000 DATE 11/30/2016 ShoreMaster RS4 Dods 4' z 10' Sections with Maintenance 20 1,152.00 23,040.007 Free Flow Through Decking Security Gate w/ Keypad Entrance, for ShoreMaster Dods 1 3,995.00 3,995.007 Application Delivery & Installation 1 500.00 500.007 Discounts & Savings from Great Outdoors 1 .3,045.00 -3,045.007 Thank you to the opoomo my b work Wth you and your taketou SUBTOTAL 24,490.00 AssOdaem. We look forward lo hearing tact from you, and let us TAX (7.125%) 1,744.92 know T. there ks arrymag you Want to add or take away, and ww wll' ne TOTAL 9M W hey..hanks again. $26,234.92 Accepted By 7 Accepted Date l A AL .� . Ci a Sec. 20-266. - Recreational beach lots. Intent. Based upon experience, it is recognized by the city that the use of lakeshore by multiple parties may be an intensive use of lakeshore that may present conflicts with neighboring uses of lakeshore or the use of other Lakeshore on the same lake or the lake itself. Further, beach lots may generate complaints if they are not maintained to the same standards as single-family lakeshore lots. Therefore, the city requires the following conditions for recreational beach lots, in addition to such other conditions that may be prescribed in the permit: (1) Recreational beach lots shall have at least 200 feet of lake frontage. `'" (2) Except as specifically provided herein, no structure, ice fishing house, camper, trailer, tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored upon any recreational beach lot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides." NO STRUCTURES PLANNED (3) No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized mini -bikes, all -terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beach lot. NONE (4) No recreational beach lot shall be used for overnight camping. KICrr•h'= (5) Boat launches are prohibited. NO LAUNCHES PLANNED (6) No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of more than three motorized or nonmotorized watercraft per dock. If a recreational beach lot is allowed more than one dock; however, the allowed number of boats may be clustered. Up to three sailboat moorings shall also be allowed. Nonmotorized watercraft such as canoes, windsurfers, sailboards and small sailboats may be stored overnight on any recreational beach lot if they are stored on racks specifically designed for that purpose. No more than six watercraft may be stored on a rack. The number of racks shall not exceed the amount of storage necessary to permit one rack slip per lot served by the beach lot; however, in no case shall there be more than four racks per beach lot. Docking of other watercraft or seaplanes is permissible at any time other than overnight. ONLY NON -MOTORIZED BOATS (7) The maximum number of docks on a recreational beach lot is three. No dock shall be permitted on any recreational beach lot unless the beach meets the following conditions: ONLY 1 DOCK a. Shoreline of at least 200 feet per dock; and b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet for each additional dock. (8) No recreational beach lot dock shall exceed six feet in width, and no such dock shall exceed the greater of 50 feet or the minimum straight-line distance necessary to reach a water depth of four feet. The width (but not the length) of the cross -bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross -bar of any such dock shall not measure in excess of 25 feet in length. CROSS BAR IS 25' (9) No dock shall encroach upon any dock set -back zone, provided, however, that the owner of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the common dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. LOCATION OF DOCK WILL BE MORE THAN 15' OUTSIDE OF SET BACK ZONE (10) No sail boat mooring shall be permitted on any recreational beach lot unless it has at least 200 feet of lake frontage. No more than one sailboat mooring shall be allowed for every 200 feet of lake frontage. NO MOORING PLANNED (11) For purposes of this subsection, the following terms shall mean those beach lots which are located either within (urban) or outside (rural) the Year 2000 Metropolitan Urban Service Area boundary as depicted in the comprehensive plan. a. Urban recreational beach lot: At least 80 percent of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within 1,000 feet of the recreational beach lot. b. Rural recreational beach lot: A maximum of 50 dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beach lot. Upon extension of the Metropolitan Urban Service boundary into the rural area, the urban recreational beach lot standards will apply. (12) All recreational beach lots may be used for swimming beach purposes, but only if swimming areas are clearly delineated with marker buoys which conform to the United States Coast Guard standards. NO SWIMMING AREA PLANNED (13) All recreational beach lots shall have a buffer sufficient to insulate other property owners from beach lot activities. This buffer may consist of topography, streets, vegetation, distance (width or depth), or other features or combinations of features which provide a buffer. To insure appropriate buffering, the city may impose conditions to insulate beach lot activities including, but not limited to: i- 6K a. Increased side or front yard setbacks for beach areas, docks, racks or other allowed recreational equipment or activities; b. Hours of use; c. Planting and maintenance of trees and shrubs; d. Erection of fences; e. Standards of maintenance including mowing and trimming; painting and upkeep of racks, docks and other equipment; disposal of trash and debris; f. Increased width, depth or area requirements based upon the intensity of the use proposed or the number of dwellings having rights of access. (14) To the extent feasible, the city may impose such conditions even after approval of the beach lot if the city finds it necessary. (15) Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to watercraft owned by the owner/occupant or renter/occupant of homes which have appurtenant right of access to the recreational beach lot. O6" (16) The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a site plan approved by the city council. ATTACHED (17) Portable chemical toilets may be allowed as a condition of approval of a recreational beach lot. The maintenance and use of chemical toilets on some beach lots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreation beach lots shall be subject to the following: NA a. The minimum setback from the ordinary high water mark shall be 75 feet. Side and front yard setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake. b. It may only be used Memorial Day to Labor Day and shall be removed from the lot during the rest of the year. C. It shall be securely anchored to the ground to prevent tipping. d. It shall be screened from the lake and residential property with landscaping. e. It shall be serviced at least weekly. f. Only models designed to minimize the potential for spilling may be used. g. Receipt of an annual license from the city's planning department. The license shall be issued unless the conditions of approval of this ordinance have been violated. All license applications shall be accompanied by the following information: 1. Name, address, and phone number of applicants. ATTACHED 2. Site plan showing proposed location of chemical toilets. NA 3. Name, address, and phone number of chemical toilet supplier. NA 4. Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone number of person responsible for maintenance. Nv - 5. A written description of how the applicant intends to screen the portable chemical toilet from all views into the property, including views from the lake. NA (18) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. NONE (19) Gazebos may be permitted on recreational beach lots subject to city council approval and the following standards: NONE a. Minimum setback from the ordinary high water mark shall be 75 feet. cb. No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located. r c. Maximum size of the structure shall not exceed 250 square feet. U �� (f d. Maximum height shall not exceed 20 feet. 4zty Fr e. Gazebos shall make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high-quality design concept for the lot which is compatible with OJO' adjacent and neighboring structures. IK f. Gazebos shall be properly maintained. Structures which are rotted, unsafe, deteriorated or 3 defaced shall be repainted, repaired, removed, or replaced by the homeowners or beach lot association. `0�1 w g. The following improvements are prohibited in gazebos; screening used to completely 0� enclose a wall, water and sewer service, fireplaces, and electricity. (Ord. No. 377, § 26, 5-24-04) 10 Sec. 20-109. -Applications. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be filed 30 days in advance of the planning commission meeting, at which it is to be considered. Prior to filing an application for site plan review, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of the comprehensive plan and the City Code before incurring substantial expense. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has determined that official action is warranted. The application shall also include: (1) Evidence of ownership or an interest in the property; COMPLETE (2) The application fee; COMMPLETE (3) Complete site plans, signed by a registered architect, civil engineer, landscape architect or other design professional, to include the following. BASIC SITE PLAN ATTACHED (4) General: a. Name of project. b. Name, address and telephone number of applicant, engineer, and owner of record. f c. Legal description (certificate of survey will be required). d. Date proposed, north arrow, engineering scale, number of sheets, name of drawer. v"" e. Vicinity map showing relationship of the proposed development to surrounding streets, rights-of-way, easements and natural features. f f. Description of intended use of the site, buildings and structures, including type of occupancy and estimated occupancy load. •/ g. Existing zoning and land use. h. Tabulation box indicating: ',:l 1. Size of parcel in acres and square feet. 2. Gross floor area of each building. 3. Percent of site covered by building. 4. Percent of site covered by impervious surface. 5. Percent of site covered by parking area. 6. Projected number of employees. 7. Number of seats if intended use is a restaurant or place of assembly. 8. Number of parking spaces required. 9. Number of parking spaces provided including handicapped. 10. Height of all buildings and structures and number of stories. 11. Breakdown of the building area allocated for specific uses, e.g., manufacturing, office, retail, showroom, warehouse, etc. (5) Site and building plan: N/ - a. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations. 11 b. Grading and drainage plans showing existing natural features (topography, wetlands, vegetation, etc.), as well as proposed grade elevations and sedimentation and stormwater retention ponds. Plans shall include runoff and storage calculations for ten-year and 100 - year events. If stormwater is proposed to be routed to existing stormwater ponds, documentation shall be provided to demonstrate that the downstream pond is sufficient to accommodate the additional stormwater. c. All existing and proposed points of egress/ingress showing widths at property lines, turning radii abutting rights-of-way with indicated centerline, width, paving width, existing and proposed median cuts, and intersections of streets and driveways. d. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic -control devices. e. Landscaping plan in accordance with the provisions of article XXV. f. Location, access and screening detail of trash enclosures. g. Location and screening detail of rooftop equipment. Screening shall be provided from the perspective of a point six feet high at all adjacent property lines or from a distance of 250 feet, whichever is greater. h. Location and detail of signage including method of lighting, height, width, sign display area, etc. i. Lighting location, style, mounting and photometrics. j. Building elevations from all directions indicating materials and colors. Interior floor plans may be required. k. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building. I. List of proposed hazardous materials, use and storage. M. Proposed fire protection system. n. Such other information as may be required by the city. o. Photocomposite images, artistic renderings, or site elevations which depict the visual impact of the proposed development's design, landscaping, street layout, signage, pedestrian ways, lighting, buildings, or other details that affect land use within the city shall be submitted. Such images and renderings shall be from key vantage points and provide an undistorted perspective of the proposed development from abutting properties, less intensive land uses, and/or from entryway locations. Photorealistic imaging or renderings are the appropriate level of resolution. (6) Within the HC districts, the application shall also include: ' f a. Building elevations from all directions, indicating materials, colors and landscaping at installation. b. Building and site views from Highway 5, the appropriate access boulevard (north or south of Highway 5), and any other appropriate arterial or collector roadways. c. Site views showing the relationships of the proposed building or development to adjacent development, including buffered areas. d. Drawings of all significant or atypical site features, such as unusual landscaping, manmade water features other than retention ponds, outdoor sculpture, or other large-scale artwork and other uncommon constructs. e. Sample building materials. 12 f. Sample paving materials, upon the city's request. (7) Within the BCO district, the application shall also include: NA a. Identified boundaries of the primary zone and secondary zone on a drawing depicting existing conditions and on a site plan depicting the proposed development pattern. b. Calculations and/or drawings that identify the allowable density (number of units or building coverage) under this Code, including lands lying in the primary and secondary zone. Calculation of allowable density shall specifically exclude lands classified as bluffs, floodplains and designated wetlands. Calculation of allowable impervious cover may include bluffs and floodplains but shall specifically exclude designated wetlands. (Ord. No. 119, 2-12-90; Ord. No. 203, § 2,5-9-94; Ord. No. 212, § 4,7-11-94; Ord. No. 286, § 6, 12-14-98; Ord. No. 315, § 1, 3-26-01; Ord. No. 377, § 15, 5-24-04; Ord. No. 474, § 3, 10-13- 08) 13 Sec. 20-920. - Structures, boats and waterways. (a) Exemption. This article does not apply to any lakeshore property owned or leased by the city (b) Nonconforming docks. (1) Permanent docks existing on July 11, 1983, and which do not comply with the structure limitations set forth in this article, shall be deemed to be nonconforming uses. Seasonal docks utilized by privately owned commercial resorts or commercial boat landings prior to July 11, 1983, and which do not comply with the structure limitations set forth in this article shall also be deemed to be nonconforming uses. (2) No nonconforming dock shall be enlarged or altered or increased, or occupy a greater area than that occupied by such dock on September 7, 1983, or on the effective date of or any amendment to this article. A nonconforming dock shall not be moved to any other part of the lakeshore site upon which the same is erected unless it is relocated in such a manner as to conform to the dock setback zone requirements of this chapter. Any nonconforming dock which is partially or totally destroyed by any cause may be restored to its former use and physical dimensions, if the restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a nonconforming dock are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such dock. (3) All docks must conform to dock setback requirements. (c) Location restrictions. No dock, mooring or other structure shall be so located as to (1) Obstruct the navigation of any lake; yr (2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized under this chapter; (3) Present a potential safety hazard; or ✓f (4) Be detrimental to significant fish and wildlife habitat or protected vegetation. « (d) Construction and maintenance generally. Docks, moorings and other structures may be constructed of such materials and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a hazard to the public using the waters of the lake and they shall be maintained in a workman -like manner. *f (e) Docks. (1) No more than one dock shall be permitted on any lakeshore site. �z (2) No dock shall exceed six feet in width and no dock shall exceed the greater of the following lengths:. a. 50 feet; or b. The minimum straight-line distance necessary to reach a water depth of four feet. (3) The width (but not the length) of the crossbar of any dock shall be included in the computation of length described in the preceding sentence. The crossbar of any such dock shall not measure in excess of 25 feet in length. No dock shall encroach upon any dock setback zone; provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting Lakeshore sites, if the dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter..' (4) No person shall store fuel upon any dock. r/ (5) No oscillating, rotating, flashing or moving sign or light may be used on any dock. « (6) No advertising signs shall be displayed from any dock. ✓ 14 (7) Access across wetlands shall be subject to the standards set forth in section 20-405. Docks shall be elevated a minimum of six to eight inches above the ordinary high water elevation. (f) Mooring, docking, etc., of watercraft. (1) Except for privately owned commercial resorts or commercial boat landings established prior to July 11, 1983, no person shall moor overnight, dock overnight, or store overnight, more than three watercraft on any lakeshore site or upon the waters of any lake. Docking of watercraft at any lakeshore site or storage of watercraft upon any lakeshore site is permissible however at any time other than overnight. °/ (2) No watercraft shall be moored or docked overnight on the water of any lake unless it is currently registered pursuant to M.S. ch. 86B, either in the name of the owner of the lakeshore site in from of which the watercraft is moored or docked, or in the name of a blood relative of the owner. 1'� (3) Except as provided in subsection (f)(2) above, no watercraft or boat lift shall be kept, moored, docked or stored in the dock setback zone. V (g) Swimming rafts, ski jumps, diving towers, etc. t (1) Swimming rafts may only be located directly in front of a lakeshore site owned by the raft owner or with the written approval of the owner of the lakeshore site. All swimming rafts shall meet the minimum standards in this subsection. Their size shall not exceed 144 square feet. Swimming rafts shall project over the water surface not less than one foot and not more than five feet, measured vertically, above the surface of the lake. Swimming rafts shall not be located in areas with a depth of less than seven feet. Swimming rafts shall be reflectorized as provided in subsection (g)(2). Their distance from the ordinary high water mark shall not exceed 100 feet. (2) Swimming rafts, ski jumps, diving towers and other structures surrounded by the waters of any lake, whether floating or on posts, shall be lighted with a light visible in all directions, or have attached thereto, sufficient reflectorized material so as to reflect light in all directions. The material shall be capable of retaining 80 percent of its dry weather reflective signal strength when wet. (h) Fueling facilities. Installation of fueling facilities on docks, moorings and other structures shall be prohibited. Any fueling facilities which were in active use prior to September 7, 1983, shall be deemed to be nonconforming uses. No such nonconforming fueling facility shall be enlarged or altered or increased or occupy a greater area than occupied on September 7, 1983. Any nonconforming fueling facility which is partially or totally destroyed by any cause, may be restored to its former use and physical dimension if said restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a nonconforming fueling facility are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such fueling facility. N41 (i) Removal of seasonal docks, moorings, etc. All seasonal docks, moorings, and other structures shall be removed from the lake before November 1 of each year. All nonconforming structures, except legally nonconforming docks and swimming rafts, once removed may not be returned to the lake. Legal nonconforming moorings, docks and swimming rafts, e.g., the "Carver Beach" raft, may be returned to the lake. NA G) All structures shall comply with the department of natural resources regulations. I/ (Ord. No. 483, § 1, 8-10-09) 15 Minnesota Wetland Conservation Act Notate of Decision l.oW cov=mm Unit gai) Address LCity of Chanhassen 'M 1►sriLft BIM,PO Box 147 cia.n.eeea, MN SW17 1. PR(Lr[rcr rT-FnRMATrnN AppliewtName hvicaName Date of Applioutim lAke IYey Ridge HOA Labe Luty Ridge HOA Oadot App&*tion '.cumber 10/SJ16 Z016•ll ® Attach site kwaW map. — rype Ofnecisioa: ® Wdlmd Boaaduy or Type ❑ No -lm ❑ EamnptimSequmaing ❑ ❑ Repboemmt Plan ❑ Banldag Pin ❑ Appm ❑ Approve with ooudid m ❑ Dmy Summn9 (or attach): L LOCAL GOVERNMENT UNIT DECISION Dols atDaeiaion: IWV16 Danoved ❑ ApmW rvidi oomdlbonc (molude below) ❑ LGU Fmdmga and Cm lud= (atheh addamal chem as neommy): BWSR Forme 9-1-]0 pap I of 3 Wedwoatl Professiond Services, on behalf of the Lala Lucy RKIW Homeowner's Association, delineated approximately 400 fret of riparian wetland adjacent to Lake Lucy. The propose of the j de'.inm.ion was as duo diligence for the forthecoming rega st of designation as a beach lot under Caarhasscn City carie for the placement of a doe's and perhaps other structures such as a canoe rack The delineation was performed on September 12, 2106. The application was received on 9/27/16 and found to be complete and noticed on 10/5/16. he ddincetion idtmiified one wetland. The delineated wetland boundary was classified as a Type 2 wedand (PEM I B) with some arras of Type 3 (PFM 1 C) wetland. The interior of the wetland, though not sampled, gives way to a more permanent hydrologic regime (PENM and then to the deep water ' habitat of lake Lucy, TarryJeffery of Chantmaw field reviewed the ddincatien on 10/1116 and found the flags to accurately refelect the wetland boundary. Baud upon the report provided, available remote sensing data, and a site Vail Chanhassen,as the LGU responsible for administration of the WCA finds the weWnd boundary and typo detorin mation accurately reflects real conditions. Account d Bank Service Area I Camey I Credits Appro d for Withdrawal (sq. fl, or nearest Al acre) Replacement Plan Appruval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For prujoct groci6c replacement that is not in advance, a fr ancial assurance specified by the LCYU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGL: Findings). ❑ Deed Recording: For project specific meplacetnem, evidence must be provided to the LGU that the BWSR "Declaration of Resuictions sad Covenants" and "Consent to Replacement Wedand" forms haven been filed with the otamty recorder's otiax in which the replacement wetland is located. ❑ Credit Withdrawal: For replaormem consisting of wedand bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved repiacsma[ plan. Wetlands may not be Impacted until all applicable conditions have been melt Wgmng SM mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU un dbr the Wetland Conservation Act as f1 spocified above. Dadditional details on the decision exist. they have been provided to the landowner and arc available from the LGU anon remest Terry Jeffery, WDCP 81116 1 Water Resources Coordinator Date I Phone Number and 11/2/16 1 952.227.1168 J"M-VL'S,881QN ONLY APPLIES TO THE NHWE•SOTA WETLAND CON$&VAT10N ACT. Additional appruvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before cots mming work in or near wetlands. 13WSR rv- 7-1.10 Paget of 3 1/ Applicants proceed at their own risk if waft authorized by this doccision is started bete.c the time period for appeal (30 days) has expired. If this decision is reversed or revisod under appeal, the applicar, may be onsi respble for venturing or replacing all wetbmd impacts. This decision is valid for three years from the date of decision unlrzs a longer period is aevsed by &c TEP and specified m this nice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Role 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, incktdm8 applicable fee, within thirty (30) calendar days of the date of the mtdling of thio Nada to the following as indicated: 29 Appal of an LGU staff decision. Send ❑ Appeal of LOU govertdog body dxidoa petition and S275 fee (if applicable) to; Send petition and $500 filing fee to: Tadd Gerhardt, CityManager Executive Dinx;ta Cit` M Chanhanen Minna M Board of Water and Sail Rearnara 7700 Market Bhd 520 Lafayette Road Nath i Chanhassen, MN 5531.7 St. Paul, WN 55155 4. LIST OF ADDRESSEES SWCD TEP member Aamn Flake BWSR TEP member. Beam" L U TEP member (if diffcnc- than LGU cwAd): DNR TEP member Beeley Horton DNR Rgdooal Office (if different than DNR TFP member) WD or WMO (if appiiesble): Claire Dina, RPBCWD Applicant and Landowner (if diffrirnt) Maul exs of the public who requested motive: KrWw Mawer. Weetweed Profesdotul Semler Corps of fin8meers PrgjeU Manager ® BWSR Waland Bank Coordinator (wethmd bank plan deciriom only) 5. MArI.MG INFORMATION ➢For a list of BWSR TEP xpreacmativea: n_w'w.beat.tsatc�:tr..ashboeabwu/wor►sree_dN'CA areu.edf Y For a list of DNR UP represcutatives:w� nvn� bwsr nate mn ti;t'wet dwcan)NR T' contacts odf Reg- Env. Aesesr. Ecol. Reg. Fay. Assess. Ecol. Y Reg. F. Atancz. Rag. FAsses. ay. Ew1 D»•. Ecw1 Resowcea Div. Eon, Rewitu s Ecal- Div. Ecol. Resources 2115 Biechmnnt Bean Rd. 1201 E. Hwy. 2 Div. Ecol. Resources 261 Hwy. 15 Saudi. NE Grand Rapids, MN 120D WW=RoW NmUi%MN 56073 Bern' " MN %Wl 55744 St P MN 55106 For a map of DNR Aebmnistative Regiums, see:l'_mp-/!files timer err mr :ts/ lanor+++Hdm tem^^ -s rvi >For a list of Carps of Projed Managers: www.tavp.usaccarmy.m l rtgul`tor�Adc:LyAj& ?pA& id -6R_7 or send to: US Arany Corps of Eogmem St. Paul District ATrK. OP -R 180 Fifth St. Beet, Suite 700 St. Paul, MN 55101.1678 BWSR Forms 7.1-10 Paye 3 of 3 18 D For Wetland Bank Flan appiications. also send a oWy of the application to: Mmnescua Boacd of Water and Soil Resowm Wctland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACIMM In addit Iou to the unc locator map, list any other auchcac ts: ® She Location Map Approved Delineation Boundary OUare 4 from Westwood report) BWSR Forme 7d-10 of 3 19 Page 4 k ,.sr, �..t_. ♦. 4. Document No. OFFICE OF THE T145650 R5WTRAR OF TITLES GAIWE20.00 Cot#NESOTA Ct"� ws�{ OD105W Fee Pmw0D C raid and tisd oa 04%-2004 at Da00 eH AM ❑ PM IgIlMly iiijill 41,11L Document No. OFFICE OF THE OMER A 384320 W�NCOUNTY, MINNESOTA 111111111 Faeip Foe: a 20.00 Otadtr WO CaM *d Bred and reoaetl on04.1942004 at awo9 A c PM owder P'Aw�, 23iF34 ` GRANT OF PERMANENT TRAIL EASEMENT DFIVALI CU51nM HOMES, CVC, a hSmuesom corlwaaon, bertmatter mlem d to as 'Graonote, in wmidauiar of Ow DoDWs) ($1.00) and other gond and valuable consderavon. the mceipt and mffiapxy of which is hereby acknowledged, do(ca) hereby put onto the CITY OF CHANHASSEN, a niutricipal corporation orV need under the laws of the State of Mnmesota, the Gramee, hereinafter referred to es the 'llt}+,, its auocenos std assigns, forever, a pcmuDcro easement for public [railway purposes over, across, on, miler, and through land mtuaed within the Cmmiy of Carver, State o` Minoeerots, as described on the stnched Exldbit 'A`. INCLUDING the tights of the City. its caattactas, ants, servants, ad assigns, to ww upon the easement "riniaea at all reasonable times to construct, recomtrua, inspect, repair, and nwuuaro said public Railway syF=m over, across, on, under, and through the easemerit ptwses. together with the right to grade, level, fill, drain, pave, and excavate the easement premiers, and the further right m remove Gets, bushes, undergrowth. and other obstructions interfering with the location, construction, and mAinteosnoe of said public trailway cystoma. The above named GrmtQ, for itself, its arc mon, hens, and sa®gns do cowman with the City, its auocesscas and assigns, Oat it L will added in fee We of the above described ea www am" atnAAlM 21 c[Naa®or lbs e..era Prt wv. that it has the ick ngbt to grant W convey the eassown to the City; that these ate tw unrecorded interests in the easem m pmmswa and that # will indemnify and hold the City hwmkas for any breach of the foregoing covenants. G IN 'PEMMONY WHMMOF, ffie Grantor hmew have signad this agleemealt thio --r-1— day ofQMT 2004. GRANTOR(S), DENALJ CUMIOM HOMES, INC. David Biel=, Pmsidmt SfAIEOPbQNNESOTA ) (ts. COUNTY OF 04,rxr ) IS The fas>egoiog inmment was w1mowledpd before = this 15 dry of t*F+r, 2004, by David Bieker, the Praidmt of Daub Cottom Hann , Sac_ a M noes a corpormt— �z S U-� NOTARY PUBLIC AfjEttA M. SNOW" d1AAtso By. i ao-•�v �n.K .,.,wBbia cmowC Yifalf9ffl wyLrwF,P'+y'i,. rail IAkuiad Atptiml., 517 Bpod ale Or= Caner 1980Cmpperun Cera o1 EAM M4 95171 Tdvhm 051)43:.9J00 slntm, sw 2 C99AetavaM MMIntsm ?no & e RA E11UIT "An TO GRANT OF PERMANENT TRAIL EASEMENT y � _. �.7.e�•r l a r• i r A 10.00 fort permanent easement in Lot 2, Block 3, Lake Lacy Ridge- Carver County, Minnesota, for trail and trail maintenarxx pwpwm located southwesterly of the following described lice: Beginning a: the northerly moat pout of said Lot 2; thence Swath 41 degteea 36 minutes 39 seconds East assumed bearing, Wong the northeasterly Line of said Lot 2 a distance of 63.54 feet to a point of deflection; tlseswe South 51 ckgeea 06 nnnufts 19 seconds East along the northeasterly line of said Lot 2 a dismnoe of 89.77 feet to the easterly most point of said La 2, and there terminating. rw» sah=1am 23 ��lEti011afrMSritaCt { 7111fm, " lb NAM.%art m3m txnr+:roau �e I Document No OFFICE OF THE OFFICE OF THE REGISTRAR OF TITLES Document No COUNTYRECORDER INT 11311892 CARVER COUNTY. MINNESOTA pp1M�RAfM�3�33333g11f11ry2�� CARVER COUNTY, MINNESOTA IIIMIINIIi�IIE1111 Cert 9 2M Vol 92 Piga 55IEMIIIR®EII�II9��� FMgf-$MOD Checks 'D5% C*1o58daneniWor124&= N i130 AN0pM IIIMIMI�B■M14114I�I�ItNNII�IIIAIIIWWIIII�YYYYYY �an,2-0&i002 et „30 I..1YAMO PV �n : �; W � w Cfl'Y OF CHANHASSEN CARVER AND i ENNEM COUN7713S. hUNNFSOTA WETLAND ALTERATION PFRMff 82001-3 1. Pt,it Subject to the terms end condinaoa set faith herein, the Ciq of Clwdiaseen hereby grants a waled almratron permtt for the following use Wetland Altemor. Pemut to fill 4.590 square feet of wetland 2 Tiro petwt is for property situated in the Qty of C3atJasren. Carve County. Moinesouh and legally described as Like Lacy Ridge 3 Lis T1,e pent is issued for Like Lucy Ridge as shown on the plans dated temvedFebrumy 19, 2001 and sublea to the following oandioons, a W eland replacement shall occur in a mminer consistent with the Nfi nicaota Weiland Cara ahon Aa (MR 8420) b T1ie plant shall show a fixed photo morutonng point for the raplacemait wedard A five -}ear wetland replacement momtorsng plan shall be aubiintted The applicant shell provide proof of recording of a Declaration of Restrictions and Covenants for Replacement %dand The CSty g Wl appmve a wctlmd replaomm plmi pnm to wetland impacts oaumng. c. W'erlmtd bulla meas shall be preserved=lvsa othawrso approved by the Ctty All diawrbed buffer areas shall be xengeuted with tion e, tan -invasive "Furnon Buffers shill be w eyed ad staked in aamdmicevnth the City's wetland ordinance The applimt stall install wedand bldfer edge signs, under the direction of City muff, before consoucnon begins and sla pay the City $20 per top d All won -tura shell mammn a 40 -foot setback fiom the edge of the wetland buffer e Drainage and utility easerncnts shall be provided ova all existing wetlands, wetland ttuugauon turas and storm water ponds f Type M silt fence "I be povmkd atga=t to all wcdod fill areas. CM, m be pfitsesved an buffer or, if no buIIa is to be percrved, m the &hmattd walartd edge g. Any disturbed wetlmd areas shall be reseeded wpb MaDOT wed ave 25 A. to a stmlar wed ors tlml It spptow;d for Weiland ail 000dhmu b The appbarc stall appy foe aid obtmn pvnnt6 from de appsopnale tegolamry aVerrme (a g. RdeyPwplory-)1fattCred Watershed Di W W- Army Carp Of Fnpni ers) and comply wuh thea caadtboas ofapproval 4 The Ctty may revoke sk paint fotbsnrg a public hewing iw vnolabon of the teen ddnt pemt 5 laps Hwphm me year d she rustsatce d the peatnt d,e wuttwaved wriarnscb•.m lien inn been Subuneelly completed rade tax cammaned this pmw "M Ispse, rnless an m ninon 11 Varied m mcmdsnoevmh the ChaM main 7nemg OMeatrs 6. Com:nalfmalq Vtdatanefibekstnso(tWsoondtborad t pmnmuwammmd mmdeoeano Dated hsay 2a 2= C TTY OF C KAAM ASSE: " SEAi-yt Tafel GbdwA, C y MattsVer SPATE OF NOOIFSOTA ) (sa COWTV OF CARVER Itie fa¢gomg tm9untrni sem =cYaaw]wigRl Idnr are drm may of 200'1. by Vc& C Jantm. Maw writ ToW Odra d. City M=nSm. of the City d Mmnraom mtmiapel corparars0a, m behalf elite attpowatwn ttod pmroap to wmhmty granted by n Coy Corneal �A6„b1 if kla igw hitt v.-a.�l DRARED BY m It /c 4409 Oy ofOtethssni I.3fea.>1n+k 4r.G Yana•Agmik Y✓dMJ aatwml P 0)3ea 14) *-T/7 HtPOe, WAQKU Qumhnsm MN 55317 6�g{. Sir-/2� .t.rswaattpWtFAM el 25 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 /Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL CITY OF CBMASSEN Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: January 24, 2017 February 19, 2017 January 20, 2017 Contact: Contact Phone: Contact Email: Sharmeen Al-Jaff 952-227-1134 safjaff@ci.chanhassen.mn.us Senior Planner Electric — Minnesota Valley ❑ Planning Commission Date: City Council Date: 60 -Day Review Period Deadline: February 21, 2017 at 7:00 p.m. March 13, 2017 at 7:00 p.m. March 21, 2017 Application: Consider a request for a conditional use permit and a wetland alteration permit for the creation of a 5 -acre recreational beach lot for the Lake Lucy Ridge Subdivision Residents. The request includes a private seasonal dock serving non-motarized watercraft and a canoe rack for six vessels. The site is located south of Lake Lucy Road, on the northwest corner of Lake Lucy. Outlot B Lake Lucy Ridge Addition, Lake Lucv Homeowners Association. In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: LJ Attorney ® Building Official ® Engineer L ® Fire Marshal ^I �fry�i . ® Forestero ® Park Director V ® Water Resources JS ® Law Enforcement Federal Aaencies: ❑ Army Corps of Engineers ❑ US Fish & Wildlife Watershed Districts: ❑ Carver County WMO ❑ Lower MN River ❑ Minnehaha Creek ® Riley -Purgatory -Bluff Creek Carver County Agencies: Utilities: ❑ Community Development ❑ Cable TV Mediacom ❑ Engineer Minnetonka — ❑ Environmental Services ❑ Electric — Minnesota Valley ❑ Historical Society ❑ Electric —Xcel Energy ❑ Parks ❑ Magellan Pipeline ® Soil & Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — Centuryl-ink State Aaencies: ❑ Board of Water & Soil Resources ❑ Health ❑ Historical Society ❑ Natural Resources -Forestry ® Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation Adjacent Cities: ❑ Chaska ❑ Eden Prairie ❑ Jackson Township ❑ Minnetonka ❑ Shorewood ❑ Victoria Adjacent Counties: ❑ Hennepin ❑ Scott School Districts: ❑ Eastern Carver County 112 ❑ Minnetonka 276 Other Aaencies: ❑ Hennepin County Regional Railroad Authority ❑ MN Landscape Arboretum ❑ SouthWest Transit ❑ TC&W Railroad Lake Lucy Ridge HOA Dock Proied January 20, 2017 Applicant: Lake Lucy Ridge Home Owners Association Parcel ID: 254160190 Contact: Greg McGuirk, HOA President 1770 Lucy Ridge Ct, Chanhassen, MN Phone: 773-490-1852 Email: gomcguirk@gmail.com Project Description: The homeowners that make up Lake Lucy Ridge HOA have unanimously voted to pursue an application for a conditional use permit with the ultimate intention of gaining approval to install a seasonal dock on Lake Lucy for the enjoyment of all our Association residents. The intent is to install a dock on the southern end of the HOA property as shown in the attached site map. The dock will need to be approximately 160' long to extend through the delineated wetland and cattails. The water depth at the end of the dock, as shown on the site map, is approximately 3' (see pictures on page 7). The end of the dock will have a 25' tee with 3 canoe racks mounted to the vertical supports (see pictures on page 6). Each rack holds two canoes. There will be no powered watercraft. Aware of the surrounding current and future developments in the surrounding area, the ability to restrict non-resident access to the dock, as well as ensuring safety, has been top of mind. The plan includes the installation of a security gate (drawing attached) at an appropriate location (see map) that would prevent easily bypassing the gate. A no trespassing sign (see page 5) or similar would be attached to the security gate. Installing the boat racks behind the security gate will also help prevent damage to or vandalism to resident's watercraft. Our intent is to purchase the dock from Great Outdoors Services, LLC who will install the dock. It is our understanding that they are an experienced and professional installer well aware and conscious of the environmental impact of the installation. While the legs of the dock will penetrate the cattails, we have chosen the shortest possible path through them. Also, there is currently a 3' wide path worn through the cattails that has been used over the years to access the lake since there is no dock or other means for homeowners to access the lake. This path should heal once the dock is installed, thus leaving the cattails healthier than prior to this project. The Association and Great Outdoors Services are both aware that motorized vehicles are not permitted on the walking path and will develop an alternative plan to transport the dock sections and other construction materials to the site. Likely this will mean hand carrying or manually carting the materials. Other than the dock, there will be no other structures or services as part of this project. There is not currently, nor will there be, vehicular access to the dock or any kind of motorized boat launch. Site Map Westwood Lake Lucy Chanhassen_ Minnesota N Proposed Pier, Path. & Canoe Rack A6MMWWr===j Feel Locations and Dimensions 0 so Nnvomhor 1d MIS Securfty Gate W�A FAT- sa.a III L�—QF�IM ' •'� I vn.r sat �- m��im.rvwe � \ w.WIT MIOATW�D AT TMMXr&iATM J J 1►/L III NO TRESPASSING 61 r; Great Outdoors Services, LLC 16480 Country Squires Circle Prior Lake, MN 55372 (612) 470-3625 tpope@greatoutdoorsservices.com ESTIMATE ADDRESS John Bulcher 6915 Lucy Ridge Lane Chanhassen, MN 55317 SALES REP Trevor ACTIVRv ShoreMaster RS4 Dods 4' x 10' Sections with Maintenance Free Flow Through Decking Security Gate w/ Keypad Entrance, for ShoreMaster Dock Application Delivery 8 Installation Discounts 8 Savings from Great Outdoors 20 1 Thank you for ale opponunyy to work with you and your lakefront SUBTOTAL Assodarlon we look (onward at hearing back from you. am k; us TAX (7.125%) know 0 (here is anyMing you went to add or rake away, and we will he TOTAL glad b help. Thanks apain. Accepted By 6 Accepted Date ESTIMATEN 1004 DATE 11'30%2016 RATE AMOUNT 1,152.00 23.040.00T 3.995.00 3,695.007 500.00 500.007 -3,045.00 -3.045.007 24.490.00 1,744.92 $26,234.92 1� i!.�_RF , ao a1_ as 1•. ac av ae pw •e i! 46, 7 is Iq Sec. 20-266. - Recreational beach lots. Intent. Based upon experience, it is recognized by the city that the use of lakeshore by multiple parties may be an intensive use of Lakeshore that may present conflicts with neighboring uses of Lakeshore or the use of other lakeshore on the same lake or the lake itself. Further, beach lots may generate complaints if they are not maintained to the same standards as single-family lakeshore lots. Therefore, the city requires the following conditions for recreational beach lots, in addition to such other conditions that may be prescribed in the permit: (1) Recreational beach lots shall have at least 200 feet of lake frontage. YES (2) Except as specifically provided herein, no structure, ice fishing house, camper, trailer, tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored upon any recreational beach lot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides." NO STRUCTURES PLANNED (3) No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized mini -bikes, all -terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beach lot. NONE (4) No recreational beach lot shall be used for overnight camping. NONE (5) Boat launches are prohibited. NO LAUNCHES PLANNED (6) No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of more than three motorized or nonmotorized watercraft per dock. If a recreational beach lot is allowed more than one dock; however, the allowed number of boats may be clustered. Up to three sailboat moorings shall also be allowed. Nonmotorized watercraft such as canoes, windsurfers, sailboards and small sailboats may be stored overnight on any recreational beach lot if they are stored on racks specifically designed for that purpose. No more than six watercraft may be stored on a rack. The number of racks shall not exceed the amount of storage necessary to permit one rack slip per lot served by the beach lot; however, in no case shall there be more than four racks per beach lot. Docking of other watercraft or seaplanes is permissible at any time other than overnight. ONLY NON -MOTORIZED BOATS (7) The maximum number of docks on a recreational beach lot is three. No dock shall be permitted on any recreational beach lot unless the beach meets the following conditions: ONLY 1 DOCK a. Shoreline of at least 200 feet per dock; and b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet for each additional dock. (8) No recreational beach lot dock shall exceed six feet in width, and no such dock shall exceed the greater of 50 feet or the minimum straight-line distance necessary to reach a water depth of four feet. The width (but not the length) of the cross -bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross -bar of any such dock shall not measure in excess of 25 feet in length. CROSS BAR IS 25' (9) No dock shall encroach upon any dock set -back zone, provided, however, that the owner of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting Lakeshore sites, if the common dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. LOCATION OF DOCK WILL BE MORE THAN 15' OUTSIDE OF SET BACK ZONE (10) No sail boat mooring shall be permitted on any recreational beach lot unless it has at least 200 feet of lake frontage. No more than one sailboat mooring shall be allowed for every 200 feet of lake frontage. NO MOORING PLANNED (11) For purposes of this subsection, the following terms shall mean those beach lots which are located either within (urban) or outside (rural) the Year 2000 Metropolitan Urban Service Area boundary as depicted in the comprehensive plan. 91 a. Urban recreational beach lot: At least 80 percent of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within 1,000 feet of the recreational beach lot. b. Rural recreational beach lot: A maximum of 50 dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beach lot. Upon extension of the Metropolitan Urban Service boundary into the rural area, the urban recreational beach lot standards will apply. (12) All recreational beach lots maybe used for swimming beach purposes, but only if swimming areas are clearly delineated with marker buoys which conform to the United States Coast Guard standards. NO SWIMMING AREA PLANNED (13) All recreational beach lots shall have a buffer sufficient to insulate other property owners from beach lot activities. This buffer may consist of topography, streets, vegetation, distance (width or depth), or other features or combinations of features which provide a buffer. To insure appropriate buffering, the city may impose conditions to insulate beach lot activities including, but not limited to: OK a. Increased side or front yard setbacks for beach areas, docks, racks or other allowed recreational equipment or activities, b. Hours of use; c. Planting and maintenance of trees and shrubs; d. Erection of fences; e. Standards of maintenance including mowing and trimming; painting and upkeep of racks, docks and other equipment; disposal of trash and debris; f. Increased width, depth or area requirements based upon the intensity of the use proposed or the number of dwellings having rights of access. (14) To the extent feasible, the city may impose such conditions even after approval of the beach lot if the city finds it necessary. (15) Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to watercraft owned by the owner/occupant or renter/occupant of homes which have appurtenant right of access to the recreational beach lot. OK (16) The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a site plan approved by the city council. ATTACHED (17) Portable chemical toilets may be allowed as a condition of approval of a recreational beach lot. The maintenance and use of chemical toilets on some beach lots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreation beach lots shall be subject to the following: NA a. The minimum setback from the ordinary high water mark shall be 75 feet. Side and front yard setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake. b. It may only be used Memorial Day to Labor Day and shall be removed from the lot during the rest of the year. c. It shall be securely anchored to the ground to prevent tipping. d. It shall be screened from the lake and residential property with landscaping. e. It shall be serviced at least weekly. f. Only models designed to minimize the potential for spilling may be used. g. Receipt of an annual license from the city's planning department. The license shall be issued unless the conditions of approval of this ordinance have been violated. All license applications shall be accompanied by the following information: 1. Name, address, and phone number of applicants. ATTACHED 2. Site plan showing proposed location of chemical toilets. NA 3. Name, address, and phone number of chemical toilet supplier. NA 4. Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone number of person responsible for maintenance. NA 5. A written description of how the applicant intends to screen the portable chemical toilet from all views into the property, including views from the lake. NA (18) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. NONE (19) Gazebos may be permitted on recreational beach lots subject to city council approval and the following standards: NONE a. Minimum setback from the ordinary high water mark shall be 75 feet. b. No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located. c. Maximum size of the structure shall not exceed 250 square feet. d. Maximum height shall not exceed 20 feet. e. Gazebos shall make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high-quality design concept for the lot which is compatible with adjacent and neighboring structures. f. Gazebos shall be properly maintained. Structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, removed, or replaced by the homeowners or beach lot association. g. The following improvements are prohibited in gazebos; screening used to completely enclose a wall, water and sewer service, fireplaces, and electricity. (Ord. No. 377, § 26, 5-24-04) 10 Sec. 20-109. - Applications. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be filed 30 days in advance of the planning commission meeting, at which it is to be considered. Prior to filing an application for site plan review, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of the comprehensive plan and the City Code before incurring substantial expense. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has determined that official action is warranted. The application shall also include: (1) Evidence of ownership or an interest in the property; COMPLETE (2) The application fee; COMMPLETE (3) Complete site plans, signed by a registered architect, civil engineer, landscape architect or other design professional, to include the following. BASIC SITE PLAN ATTACHED (4) General. a. Name of project. ✓ b. Name, address and telephone number of applicant, engineer, and owner of record. +� c. Legal description (certificate of survey will be required). ✓ d. Date proposed, north arrow, engineering scale, number of sheets, name of drawer. ✓ e. Vicinity map showing relationship of the proposed development to surrounding streets, rights-of-way, easements and natural features. ✓ f. Description of intended use of the site, buildings and structures, including type of occupancy and estimated occupancy load. ✓ g. Existing zoning and land use. h. Tabulation box indicating: NA 1. Size of parcel in acres and square feet. 2. Gross floor area of each building. 3. Percent of site covered by building. 4. Percent of site covered by impervious surface. 5. Percent of site covered by parking area. 6. Projected number of employees. 7. Number of seats if intended use is a restaurant or place of assembly. 8. Number of parking spaces required. 9. Number of parking spaces provided including handicapped. 10. Height of all buildings and structures and number of stories. 11. Breakdown of the building area allocated for specific uses, e.g., manufacturing, office, retail, showroom, warehouse, etc. (5) Site and building plan: NA a. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations. 11 b. Grading and drainage plans showing existing natural features (topography, wetlands, vegetation, etc.), as well as proposed grade elevations and sedimentation and stormwater retention ponds. Plans shall include runoff and storage calculations for ten-year and 100 - year events. If stormwater is proposed to be routed to existing stormwater ponds, documentation shall be provided to demonstrate that the downstream pond is sufficient to accommodate the additional stormwater. c. All existing and proposed points of egress/ingress showing widths at property lines, turning radii abutting rights-of-way with indicated centerline, width, paving width, existing and proposed median cuts, and intersections of streets and driveways. d. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic -control devices. e. Landscaping plan in accordance with the provisions of article XXV. f. Location, access and screening detail of trash enclosures. g. Location and screening detail of rooftop equipment. Screening shall be provided from the perspective of a point six feet high at all adjacent property lines or from a distance of 250 feet, whichever is greater. h. Location and detail of signage including method of lighting, height, width, sign display area, etc. i. Lighting location, style, mounting and photometrics. j. Building elevations from all directions indicating materials and colors. Interior floor plans may be required. k. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building. I. List of proposed hazardous materials, use and storage. m. Proposed fire protection system. n. Such other information as may be required by the city o. Photocomposite images, artistic renderings, or site elevations which depict the visual impact of the proposed development's design, landscaping, street layout, signage, pedestrian ways, lighting, buildings, or other details that affect land use within the city shall be submitted. Such images and renderings shall be from key vantage points and provide an undistorted perspective of the proposed development from abutting properties, less intensive land uses, and/or from entryway locations. Photorealistic imaging or renderings are the appropriate level of resolution. (6) Within the HC districts, the application shall also include: NA a. Building elevations from all directions, indicating materials, colors and landscaping at installation. b. Building and site views from Highway 5, the appropriate access boulevard (north or south of Highway 5), and any other appropriate arterial or collector roadways. C. Site views showing the relationships of the proposed building or development to adjacent development, including buffered areas. d. Drawings of all significant or atypical site features, such as unusual landscaping, manmade water features other than retention ponds, outdoor sculpture, or other large-scale artwork and other uncommon constructs. e. Sample building materials. 12 Sample paving materials, upon the city's request. (7) Within the BCO district, the application shall also include: NA a. Identified boundaries of the primary zone and secondary zone on a drawing depicting existing conditions and on a site plan depicting the proposed development pattern. b. Calculations and/or drawings that identify the allowable density (number of units or building coverage) under this Code, including lands lying in the primary and secondary zone. Calculation of allowable density shall specifically exclude lands classified as bluffs, floodplains and designated wetlands. Calculation of allowable impervious cover may include bluffs and floodplains but shall specifically exclude designated wetlands. (Ord. No. 119, 2-12-90; Ord. No. 203, § 2, 5-9-94; Ord. No. 212, § 4, 7-11-94; Ord. No. 286, § 6, 12-14-98; Ord. No. 315, § 1, 3-26-01; Ord. No. 377, § 15, 5-24-04; Ord. No. 474, § 3, 10-13- 08) 13 Sec. 20-920. - Structures, boats and waterways. (a) Exemption. This article does not apply to any lakeshore property owned or leased by the city. (b) Nonconforming docks. (1) Permanent docks existing on July 11, 1983, and which do not comply with the structure limitations set forth in this article, shall be deemed to be nonconforming uses. Seasonal docks utilized by privately owned commercial resorts or commercial boat landings prior to July 11, 1983, and which do not comply with the structure limitations set forth in this article shall also be deemed to be nonconforming uses. (2) No nonconforming dock shall be enlarged or altered or increased, or occupy a greater area than that occupied by such dock on September 7, 1983, or on the effective date of or any amendment to this article. A nonconforming dock shall not be moved to any other part of the lakeshore site upon which the same is erected unless it is relocated in such a manner as to conform to the dock setback zone requirements of this chapter. Any nonconforming dock which is partially or totally destroyed by any cause may be restored to its former use and physical dimensions, if the restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a nonconforming dock are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such dock. (3) All docks must conform to dock setback requirements. ✓ (c) Location restrictions. No dock, mooring or other structure shall be so located as to: (1) Obstruct the navigation of any lake; Of (2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized under this chapter; ✓ (3) Present a potential safety hazard; or ✓ (4) Be detrimental to significant fish and wildlife habitat or protected vegetation. ✓ (d) Construction and maintenance generally. Docks, moorings and other structures may be constructed of such materials and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a hazard to the public using the waters of the lake and they shall be maintained in a workman -like manner. ✓ (e) Docks. (1) No more than one dock shall be permitted on any lakeshore site. ✓ (2) No dock shall exceed six feet in width and no dock shall exceed the greater of the following lengths: ✓ a. 50 feet; or b. The minimum straight-line distance necessary to reach a water depth of four feet. (3) The width (but not the length) of the crossbar of any dock shall be included in the computation of length described in the preceding sentence. The crossbar of any such dock shall not measure in excess of 25 feet in length. No dock shall encroach upon any dock setback zone; provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. ✓ (4) No person shall store fuel upon any dock. ✓ (5) No oscillating, rotating, flashing or moving sign or light may be used on any dock. ✓ (6) No advertising signs shall be displayed from any dock. ✓ 14 (7) Access across wetlands shall be subject to the standards set forth in section 20-405. Docks ✓ shall be elevated a minimum of six to eight inches above the ordinary high water elevation. (f) Mooring, docking, etc., of watercraft. (1) Except for privately owned commercial resorts or commercial boat landings established prior to July 11, 1983, no person shall moor overnight, dock overnight, or store overnight, more than three watercraft on any lakeshore site or upon the waters of any lake. Docking of watercraft at any lakeshore site or storage of watercraft upon any lakeshore site is permissible however at any time other than overnight. ✓ (2) No watercraft shall be moored or docked overnight on the water of any lake unless it is currently registered pursuant to M.S. ch. 86B, either in the name of the owner of the lakeshore site in from of which the watercraft is moored or docked, or in the name of a blood relative of the owner. ✓ (3) Except as provided in subsection (f)(2) above, no watercraft or boat lift shall be kept, moored, docked or stored in the dock setback zone. ✓ (g) Swimming rafts, ski jumps, diving towers, etc. ✓ (1) Swimming rafts may only be located directly in front of a lakeshore site owned by the raft owner or with the written approval of the owner of the lakeshore site. All swimming rafts shall meet the minimum standards in this subsection. Their size shall not exceed 144 square feet. Swimming rafts shall project over the water surface not less than one foot and not more than five feet, measured vertically, above the surface of the lake. Swimming rafts shall not be located in areas with a depth of less than seven feet. Swimming rafts shall be reflectorized as provided in subsection (g)(2). Their distance from the ordinary high water mark shall not exceed 100 feet. (2) Swimming rafts, ski jumps, diving towers and other structures surrounded by the waters of any lake, whether floating or on posts, shall be lighted with a light visible in all directions, or have attached thereto, sufficient reflectorized material so as to reflect light in all directions. The material shall be capable of retaining 80 percent of its dry weather reflective signal strength when wet. (h) Fueling facilities. Installation of fueling facilities on docks, moorings and other structures shall be prohibited. Any fueling facilities which were in active use prior to September 7, 1983, shall be deemed to be nonconforming uses. No such nonconforming fueling facility shall be enlarged or altered or increased or occupy a greater area than occupied on September 7, 1983. Any nonconforming fueling facility which is partially or totally destroyed by any cause, may be restored to its former use and physical dimension if said restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a nonconforming fueling facility are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such fueling facility. NA (i) Removal of seasonal docks, moorings, etc. All seasonal docks, moorings, and other structures shall be removed from the lake before November 1 of each year. All nonconforming structures, except legally nonconforming docks and swimming rafts, once removed may not be returned to the lake. Legal nonconforming moorings, docks and swimming rafts, e.g., the "Carver Beach" raft, may be returned to the lake. NA (j) All structures shall comply with the department of natural resources regulations. ✓ (Ord. No. 483, § 1, 8-10-09) 15 Minnesota Wetland Conservation Act Notice of Decision Local Govamotad Unit (I,GU) Address City of Chanhassen 7700 MarW Btvd, PO Bm 147 jChm&bmsmm,hM5W17 ".$. l' M in IN 8a : " 1111 1 AppliamName ProjedName Date of Applimlion Lake IAcy Ridge HOA 110/5/16 Lake Lucy Ridge HOA Oatlot App)iton Number 2016-11 ® Attach site locator map. - -- Cype of Decision: IN Wdhmd Boundary or Type ❑ No -Loft ❑ Exemption ❑ Samenoing ❑ Repiaoemmti Plan ❑ Banking Plan ❑ Appmva ❑ Approve with conditions ❑ Dm6' summary (or attach): L LOCAL GOVERNM Uff UNN DECIS1UN Date of Decision: 1031/16 ® Approved ❑ Approved with condition. (indade below) ❑ Denied LGU Fmd qp and Conclusions (attach additional sheets as neommy): BWSR Forms 7-I-10 Page 1 of 3 Westwood Professional Savioea, on behalf of the Lake Lay Ridge Homeownv s Associatiau, delineated approximately 400 feet of riparian wedard adjacent to Lake Lacy. The purpose of the 1 delineation was as due diligence for the forthecott» ng request of designation as a beach IM -- Chanhassen Chanhassen City code for the placement of a dock and perhaps other structures such as a canoe rack The delineation was performed on September 12, 2106. The application was received on 9/27/16 and found to be complete and noticed on 1015116. The delineation identified one wetland The delineated wetland beundary was classified as a Type 2 wetland (PEM I B) with some areas of Type 3 (PEM I C) wetland The interior of the wetland, though not sampled, gives way to a more permanent hydrologic regime (PEMF) and then to the deep water habitat of Lake Lacy. Terry Jeffery of Chanhassen field reviewed the ddincaiian on I oil l'16 and found the flags to accurately refelect the wetland boundary. Based upon the report provided, available reroute sensing data, and a site visit Chanhassen, as the LGU responsible for administration of the WCA finds the wetalnd boundary and type determination accurately reflects real conditions. Account m1 Bank Service Area I County C=redos Approved for Withdrawal (sq. fic or nearest .oil acre) Replaeemem Plan Approval Conditloati In addition to any conditions specified by the LGL;, the approval of a Weiland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For pmjcct specific replacement that is not in.advanee, a financial assurance specified by the 1.61.1 roust he submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU findings). ❑ Deed Recording. Fprprojeci-specific replacement, evidence must be provided to the LGiJ that the BWSR "Declaration of Restrictions and Covenants' and "Consent to Replacement Wetland" fors have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits fiotn the state wetland batik as specified in the approved replacement plan. Wetlands may nM be impacted until all applicable conditions Lave been metl GU Authorized Sigoanw. Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.025: Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. if additional details on the decision exist, they have been provided to the landowner Terry Jeffery, WBCP 81116 1 Water Resources Coordinator _ ! Date Phone Number 11/2116 952.227.1168 IMS Dl?(!i$iON OM.Y APPLIES TO THE 4IINNESU-TA WETLAND CONSERVATION ACT Additional appromis or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. BWSR Fonio 7-1.10 Page 2 of 3 I/ Apphcants proceed at Wcir own risk of work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be responsible far resaxing or replacing all wetland impacts. This decision is valid for three years from Lhc date of decision unless a longer period is advised by the TFP and specified in this mLcc of decision. 3. APPEAL OF THIS DECISION Purstiznt to MN Rule 9420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar bays of We date of the mailing of this Nonce to the following as indicated: M Appeal of an LGU staff decision. Send NSF RWon ❑ Appeal of LGU governing body decision. petition and S�57 fee (if applicable) to: Reg. Env. Mars, Fool. Send petition and $500 filing fa; to: Todd Gerhardt, City MarApr Reg. Eay. Assess. pool. Executive Director City of Chanhassen Fcol Minnesota Board of Water and Soil Resources 7700 Market Blvd 1201 E. Hwy. 2 520 Lafayette Road North C_hanhasm, INN 55317 NE St. Paul, MN 55155 4. LIS'r OF ADDRESSEES ® SWCD IIT tuembor. Aaron Flake ® BWSR TEP member: Ben.Meyer ❑ LGU TEP member (if different than LGU Contact): ® DNR TFP member. Becky Tlorton ® DNR Regional Office (if different than DNR TFI' member) ® wl) or WN10 (if applicable): Claire Bleier, RPBCWD ® Appliesnt and LsndowneT (if different) ® Memlici s of the public who requested notice Kristine Maurer, Westwood Professional Services Z Corps of Engineers Project Manager ❑ BWSR Wetland Bank Coordinator (wedand bank plan decisions only) f iiu in IM t:Cel QI 11s] lis} 1Sll1114M vForalist ofBWSRTFPrepresentatives:w�w-tLwx.swc-rw_us/abatbwsr/workarcWWC6 arcas.ndf Y Fur a list of DN'R I LP represcn[a:ives: w%hw•sr state mss t:s'wetlands'wca'D;N'R TEP contacts.odf Y Department of Natural Resources Regional Of5m: . NW MMM: NSF RWon CentralBa0o0' agumaRmasim Reg. Env. Mars, Fool. Reg. F.nv, Ascesa. F<ol. Rep. Ynv. Ase . Reg. Eay. Assess. pool. Div. Fcel. Reaourcen Div. Ecol- Resources Fcol Div. Ecol. Reserees 2115 Brchmont Beach Rd. 1201 E. Hwy. 2 Div. Ecol. Resources 261 Hwy. 15 South NE Grand Rapids. MN 1200 WamerRoad New Ulm, MN 56073 Bca,icVi,MN 56601 55744 St Pauk MN 55106 For a map of DNR Adrniistranvc Regions, eve: htt,P:i: files.en- state.mr..uslahotrtt}nr7 - - dif ➢For a list of Corps of Project Managers: www•.mvo.usacc.amn.miI later !dcfwllasp!pggccid _6R7 or send to: US Army Corps of Engineers St. Pad Distriet, ATTN: OP -R 180 Fiftb SL Fast, Suttle 700 SL Pal, MN 55101.1679 BWSR Fours 7.1 d0 of 3 10 Page 3 ➢For Wetland Beak Plan applications, also sad a copy of the application to: Minnesota livid of water and Solt Resources wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATIACMVEE T6 In addnon to the site locator nap, list any diner e^A^11^^^ts: ® She Location Map ® Approved Delineation Boundary (ire { from Westwood report) D u- RWSR Forma 7-1-10 Of 3 19 PAP4 ,r Document No, OFFICE OF THE Ij' T 77■I1{4'�11I51Y��115115110■m�1 REGISTRAR OF TITLE S �1111IiI 111111 CARVER txeG�tf 308T7 Va6 0 sH� 0A CertifW and Med on 04 1&2004 at 0900 ASl AM ❑ PM 21K)"Me AUL Cad yy Hanlon Ir 111131,111111 RagnstrardTill . es Document No. OFFICE OF THE A I3�IINIpB'43ZOy CARVER COUNTY ' MINNESOTA 2COUNTY RECORDER YII1111f Irmo Fee.00 crows yel9 (1J cartfmN*'`d tied��dI�pNand reoarded on0Ft9-I12D�W at 0730J,_A,AM❑PM 1111111 [111IW111wYU aown. A ntsier 23fL34 * ` GRANT OF PERMANENT TRAIL EASEMENT DENALI CUSTOM HOMES, INC, 5 Mimtesota corporation, hereinafter referred to u 'Grantor', in consideration of One Dollar(s) ($1.00) and other good and valuable cortoderaroon, the receipt said stdfideacy of which is hereby acknowledged do(es) hereby grunt unto the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City'', its successors and assigns, forever, a permanent easement for public tradway purposes over, across, on, undo. and through land situated within the County of Carver. State o` Minnesota as described on the attached Exhibit W. INCLUDING the rights of the ciry, its contractors, agents, servants, and assigns. to enter upon the easement premises at all reasonable tithes to construct, rccOnIm t, inspect. repair, and maintain said public useway systems over, acmes, on, under, and through the easement preaDses. together with the right to grade, level, fill, drain, pave, and excavate the easement pretnses, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public traiiway systerns. The above named Grantor. ion itself, its successors, heirs, and assigns do covenant with the City, its stsccessors and assigns, that it is well seized in fee title of the above described easement IV" 1 sun. 10RM 3"V711aft T E ' 21 promises; that it has the sole right m grant and convey the easement to the City; that there we no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless fa any breach of the foregoing covenants. IN TESTIMONY WBIERF.OF, the Grantor hereto have signed On$ agreement this —15_ day of ! l . 2004. GRANTORS), DENAU CUSTOM HOMES, LNC. David Bicker, Resident STATEOFMWNES A ) (ss. COUNTYOF l/� G.rwr ) The foregoing instrument was wJmowledged before nn this (5 dry of r, 1 .2004, by David Bickel, the President Den" Custoom Hanes. Inc.. a Minnesos Ca ORARWZY PMft=W ai An0.iauoN 317 Pagmdale Ole= Cm lmiicapm ceaseca &gY Mm 51131 Tgq*l (651) 452 5W 3Wc, ESECCA M.SCRURMARR NG'AAv �*�K ,',U�e[larA an er,.,, e.ra en a�. Hoe 97Ma 2 CHWFORM 30N.M W( Tea lb� Pi] EXHIBIT "A" TO GRANT OF PERMANENT TRAIL EASEMENT A 10.00 foot permanent easement in Lot 2, Block 3, fake t.ucy Ridge. Carver County Minnesota for nail and trail toairdenance purposes located southwesterly of the following described lice: Beginning at the northerly most point of said Lot 2; thence South 41 degrees 36 minutas 39 seconds Fact, assumed bearing, along the northeasterly lite of said Lot 2 a distance of 63.54 feet to a point of deflation; thence South 51 deg m 06 minutes 19 seconds East along the northeasterly line of said W 2 a distance of 89.77 feet to the easterly most point of said La 2, and there teminating. axm samm�wo 23 � tCWllty t. ruma& ♦. i Ub cw�. ra 55315 atnn roars nv� Q Document No OFFICE OF THE REGISTRAR OF TITLES 1�n1T131y8pp�p9Qp2IyIyIIII�JJA1p�p0NN11IlIt CARVER 50M Fee S 2DOD COUNTY, MINNESOTA I�I�IIYIINII �� �III�ISJIIn1�N Cart • 2M Vol 92 Pop 55 Csbfied and hied or 1246.2002 N 11 all WAM13 PM lal!N'�l"I�d!! V��I!fi��1�IINN��.of d Document No OFFICE OF THE COUNTYRECORDER A3331 12 IpIppp� CARVER COUNTY, MINNESOTA �I �AO1311Y���IIa FdN Fare $200o Cad# 11005W C,MW hbc and tCwoed on1&06-2102 at 1130 LYn 0 PM IOIVCI�I�NV�I N�V��BIINIV�� �W POWIV Cffy of CHANHASSEN CARVER AND HENNEpIN COUNTIES, bUNN69OTA WEIT.AND ALT' RATION PERhdIT #2001-3 1. P®st Subject to the reins and conditions set forth herein, the City of Ckatdussen hereby grants a wednd almwon permtt for the following use Waled Alteuaor. Pemmt to fill 4,580 square feet of wetland 2 Entileay TIC pcmiL Is for property situaied m the City of Chanhassen. Caner County, Mmnesotn, and lep0y described in fake LWY Ridge 3 (-mdmms The paint is issued for lake Wcy Ridge ss shown on the plans dated reaavcd Febuary 19, 2001 and subject m the following condtuonc' a Wetland replacement shall occur in a mnnerconsiBait with the Minnesota Weiland Conservation AA OW 9420) b The plans shall show a fixed photo morutonng point for the reoleceanent wetland A five -yea wedand repluemeatt inonitonng plan shall be sulrni6d The applicant shall provide proof of recording of It DcClassum of Resincnom and Covenants for Replacement Wetland Theaty shall approve a wetlnd mplaotnemt pin pnorto wetland impacts aaumng. c. Weiland buffs areas shall be p¢servcd unless otherwise approved by the City All disturbed buffer ar shall be rengemied with tabu. iron-invmv c vegetation Suffers shall be surveyed rid staked in accordanot with the City's wetland ordinance The applicant shall install wedand buffer edge mgrs, under the duecnon of OrY Buff, before wnsuucnon begins and Bull pay the City S20 per sign d All Bniaures shall riutnmhn a 4o -foot sabark from the edge of the wednd buffer e Drainage rid utility easements shall be provided over all existing welands, wetland mtugauon areas and Bonn water ponds 24 f Type M sill fence shall he provided adjacent to all wrdand fill sus. AZe to K pjesuvetl as buffo m. tf no buffo Is to be pmservea. r the &Jmesued walane edge F Any disawbed wetland rens *hull be resoeded.nth MOOT seed aux 25 A. or a similar ued mu that is approved for wetland "I cordtions h The apphcam shall apply for and oMmn permits hom die nppropnre mguhetory agMIM (e g. Rlky-PWFMY-Bluff Geek Watershed Ihatnct, An" Corps of EnV vers) said comply wuh their rnMsaoas of approval 4 Tsamartoen'.pcmn The Cary may revoke the permit forlo og a public hearing for violation of the terve of this permit 5 IAW lfwlthm otic yea d the Is petmat the eutl+onzed corwsotion has via Deco subsantially wmpieud er the use cornmerwrd, ilia permit shall lapse, unksr aro <atertvon is gamed in accvdrre with the CTrshiasen lvnmg CYdmanet b. Deur dq Violation of the Omits of this oondlaonal use permit is a =Anal mudnreanor haled Yay 711 7Vat2 CRY OF C HANHASSEN - Jrsgs. SFLL By Todd Gerhud,Cdy Mruper STATEOFhUNNFSOTA ) (aa COUNTY OF CARVER ) The foregoing n6llmmm, was ackrarwtntgal bOt.,: ea; dim Zj_ wy of 2(102. by Linde C Jansen. Mayor and TO& Gerhard. City Manager. of the City of Chsehanen. Mmrcsoso mim,clpel corporation, on behalf of rise corpomw said pursuant to/ authority granted b M Cay Coutsnl � C- 1 `. - - It /f69P blit oRA►�TFn BY rook fbe�! Cay ofChadiaaam f3fi7&g4 wk G...b-nG..e KAPAN J L41AIOsI01 P 0 Bos 147 *,?17 tan PAX/ Mteroa (benhrsess. MN 55717 �,IW 55/22 � -ur �.�rpmt_m�= 25 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2017-04 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, February 21, 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 request for a conditional use permit and a wetland alteration permit for the creation of a 5 -acre recreational beach lot for the Lake Lucy Ridge Subdivision Residents. The request includes a private seasonal dock serving non -motorized watercraft and a canoe rack for six vessels. The site is located south of Lake Lucy Road, on the northwest corner of Lake Lucy, Outlot B, Lake Lucy Ridge Addition, Lake Lucy Homeowners Association. A plan showing the location of the proposal is available for public review on the city's web site at www.ci.chanhassen.mn.us/2017-04 or 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 Al-Jaff, Senior Planner Email: salliaff(&ci.chanhassen.mn.us Phone: 952-227-1134 (Publish in the Chanhassen Villager on February 9, 2017) CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 01/20/2017 3:17 PM Receipt No. 00337514 CLERK: AshleyM PAYEE: Lake Lucy Ridge Homeowners Assoc. 6900 Lucy Ridge Lane Chanhassen MN 55317 - Lake Lucy Ridge Outlot B ------------------------------------------------------- Use & Variance 425.00 Sign Rent 200.00 Recording Fees 100.00 GIS List 165.00 Wetland Alteration Permit 275.00 Total Cash Check 1155 Change 1,165.00 0.00 1,165.00 0.00 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 / Fax: (952) 227-1110 0 CITY OF C9ANAA3EN AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: January 24, 2017 Agency Review Response Deadline: February 19, 2017 Date Application Filed: January 20, 2017 Contact: Contact Phone: Contact Email: Sharmeen AI-Jaff 952-227-1134 saljaff@ci.chanhassen.mn.us Senior Planner ® Park Director Planning Commission Date: City Council Date: 60 -Day Review Period Deadline: February 21, 2017 at 7:00 p.m. March 13, 2017 at 7:00 p.m. March 21, 2017 Application: Consider a request for a conditional use permit and a wetland alteration permit for the creation of a 5 -acre recreational beach lot for the Lake Lucy Ridge Subdivision Residents. The request includes a private seasonal dock serving non-motarized watercraft and a canoe rack for six vessels. The site is located south of Lake Lucy Road, on the northwest corner of Lake Lucy. Outlot B, Lake Lucy Ridge Addition, Lake LucyHomeowners Association. Planning Case: 2017-04 1 Web Page: www.ci.chanhassen.mn.us/2017-04 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: ❑ Attorney ® Building Official ® Engineer ® Fire Marshal ® Forester ® Park Director ® Water Resources ® Law Enforcement Federal Agencies: ❑ Army Corps of Engineers ❑ US Fish & Wildlife Watershed Districts: ❑ Carver County W MO ❑ Lower MN River ❑ Minnehaha Creek ® Riley -Purgatory -Bluff Creek Carver County Agencies: Utilities: ❑ El Community Development Engineer El Cable TV — Mediacom El Environmental Services El Electric — Minnesota Valley ❑ Historical Society E]Electric—Xcel Energy ❑ Parks ❑ Magellan Pipeline ® Soil & Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink State Agencies: ❑ Board of Water & Soil Resources ❑ Health ❑ Historical Society ❑ Natural Resources -Forestry ® Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation Adjacent Cities: ❑ Chaska ❑ Eden Prairie ❑ Jackson Township ❑ Minnetonka ❑ Shorewood ❑ Victoria Adjacent Counties: ❑ Hennepin ❑ Scott School Districts: ❑ Eastern Carver County 112 ❑ Minnetonka 276 Other Agencies: ❑ Hennepin County Regional Railroad Authority ❑ MN Landscape Arboretum ❑ SouthWest Transit ❑ TC&W Railroad COMMUNITY DEVELOPMENT DEPARTMENT CITY OF CHANgASSEN Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 �1 APPLICATION FOR DEVELOPMENT REVIEW Q / Submittal Date: 20 '�' PC Date: Z CC Date' 3 3 T 60 -Day Review Date: ✓{2� �� 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 ❑ Minor MUSA line for failing on-site sewers ..... $100 Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑� All Others ......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others ......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review (SPR) ❑ Administrative ..................................................$100 ❑ Commercial/Industrial Districts* ...................... $500 Plus $10 per 1,000 square feet of building area: ( thousand square feet) 'Include number of existi employees: 'Include number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit ( units) ❑ Subdivision (SUB) NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ❑� Notification Sign (City to install and remove)...................................................................................................................... $200 ❑ Property Owners' List within 500' (City to generate atter pre -application meeting) .................................................. $3 per address ( addresses) ❑� Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance El Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements( easements) TOTAL FEE: Section 2: Required Information Description of Proposal: Lake Lucy Ridge HOA is seeking a permit to install a dock on Lake Lucy Property Address or Location: Parcel #: 254160190 Legal Description: Lake Lucy Ridge out lot B Total Acreage: 5.00 Wetlands Present? ® Yes ❑ No Present Zoning: Single -Family Residential District (RO Requested Zoning: Single -Family Residential District (RSF3 Present Land Use Designation: Parks/Open Space Q Requested Land Use Designation: Parks/Open Space 0 Existing Use of Property: Trail / storm pond / open space 21 Check box is separate narrative is attached. ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots.......................$600 + $15 per lot ( lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat ..........................................................$700 (Includes $450 escrow for attorney costs)` 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ❑ Variance (VAR) .................................................... $200 ❑� Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑� All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ❑� Notification Sign (City to install and remove)...................................................................................................................... $200 ❑ Property Owners' List within 500' (City to generate atter pre -application meeting) .................................................. $3 per address ( addresses) ❑� Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance El Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements( easements) TOTAL FEE: Section 2: Required Information Description of Proposal: Lake Lucy Ridge HOA is seeking a permit to install a dock on Lake Lucy Property Address or Location: Parcel #: 254160190 Legal Description: Lake Lucy Ridge out lot B Total Acreage: 5.00 Wetlands Present? ® Yes ❑ No Present Zoning: Single -Family Residential District (RO Requested Zoning: Single -Family Residential District (RSF3 Present Land Use Designation: Parks/Open Space Q Requested Land Use Designation: Parks/Open Space 0 Existing Use of Property: Trail / storm pond / open space 21 Check box is separate narrative is attached. Section 3: Property .. 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: Greg McGuirk Contact: Address: 1770 Lucy Ridge Ct Phone: City/State/Zip: Chanhassen, MN 55317 Cell: (773) 490-1852 Email: gomcguirk@gmail.com Fax: Signature: Date: 1/20/17 PROPERTY OWNER: In signing this application, 1, 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: 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 fling 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: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? 'Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ 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 (required). SAVE FORM PRINT FORM SUBMIT FORM Lake Lucy Ridge HOA Dock Project C_V� tvl� - `iebV10 V January 19, 2017 Applicant: Lake Lucy Ridge Home Owners Association Parcel ID: 254160190 Contact: Greg McGuirk, HOA President 1770 Lucy Ridge Ct, Chanhassen, MN Phone: 773-490-1852 1yi Email: gomcguirk@gmail.com Project Description: /V 0 A 0 6vij t_X)hheI -6Po.r le Cb The homeowners that make up Lake Lucy Ridge HOA have unanimously voted to pursue an application for a conditional use permit with the ultimate intention of gaining approval to install a permanent dock on Lake Lucy for the enjoyment of all our Association residents. The intent is to install a dock on the southern end of the HOA property as shown in the attached site map. The dock will need to be approximately 160' long to extend through the delineated wetland, cattails and to an appropriate water depth. The end of the dock will have a 25' tee with racks (see attached) to hold resident's canoes, etc. There will be no powered watercraft. Aware of the surrounding current and future developments in the surrounding area, the ability to restrict non-resident access to the dock, as well as ensuring safety, has been top of mind. The plan includes the installation of a security gate (drawing attached) at an appropriate location (see map) that would prevent easily bypassing the gate. A no trespassing sign (see attached) or similar would be attached to the security gate. Installing the boat racks behind the security gate will also help prevent damage to or vandalism to resident's watercraft. Our intent is to purchase the dock from Great Outdoors Services, LLC who will also professionally install the dock. It is our understanding that they are an experienced and professional installer well aware and conscious of the environmental impact of the installation. While the legs of the dock will penetrate the cattails, we have chosen the shortest possible path through them. Also, there is currently a 3' wide path worn through the cattails that has been used over the years to access the lake since there is no dock other means for homeowners to access the lake. This path should heal once the dock is installed, thus leaving the cattails healthier than prior to this project. Other than the dock, there will be no other structures or services as part of this project. There is not currently, nor will there be, vehicular access to the dock or any kind of motorized boat launch. oel JOCK be, +fm5eor�e_A fn Sec. 20-266. - Recreational beach lots. Intent. Based upon experience, it is recognized by the city that the use of Lakeshore by multiple parties may be an intensive use of lakeshore that may present conflicts with neighboring uses of lakeshore or the use of other lakeshore on the same lake or the lake itself. Further, beach lots may generate complaints if they are not maintained to the same standards as single-family lakeshore lots. Therefore, the city requires the following conditions for recreational beach lots, in addition to such other conditions that may be prescribed in the permit: (1) Recreational beach lots shall have at least 200 feet of lake frontage. YES (2) Except as specifically provided herein, no structure, ice fishing house, camper, trailer, tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored upon any recreational beach lot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides." NO STRUCTURES PLANNED (3) No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized mini -bikes, all -terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beach lot. NONE (4) No recreational beach lot shall be used for overnight camping. NONE (5) Boat launches are prohibited. NO LAUNCHES PLANNED (6) No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of more than three motorized or nonmotorized watercraft per dock. If a recreational beach lot is allowed more than one dock; however, the allowed number of boats may be clustered. Up to three sailboat moorings shall also be allowed. Nonmotorized watercraft such as canoes, windsurfers, sailboards and small sailboats may be stored overnight on any recreational beach lot if they are stored on racks specifically designed for that purpose. No more than six watercraft may be stored on a rack. The number of racks shall not exceed the amount of storage necessary to permit one rack slip per lot served by the beach lot; however, in no case shall there be more than four racks per beach lot. Docking of other watercraft or seaplanes is permissible at anytime other than overnight. ONLY NON -MOTORIZED BOATS (7) The maximum number of docks on a recreational beach lot is three. No dock shall be permitted on any recreational beach lot unless the beach meets the following conditions: ONLY 1 DOCK a. Shoreline of at least 200 feet per dock; and b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet for each additional dock. (S) No recreational beach lot dock shall exceed six feet in width, and no such dock shall exceed the greater of 50 feet or the minimum straight-line distance necessary to reach a water depth of four feet. The width (but not the length) of the cross -bar of any 'T or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross -bar of any such dock shall not measure in excess of 25 feet in length. CROSS BAR IS 25' (9) No dock shall encroach upon any dock set -back zone, provided, however, that the owner of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the common dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. LOCATION OF DOCK WILL BE MORE THAN 15' OUTSIDE OF SET BACK ZONE (10) No sail boat mooring shall be permitted on any recreational beach lot unless it has at least 200 feet of lake frontage. No more than one sailboat mooring shall be allowed for every 200 feet of lake frontage. NO MOORING PLANNED (11) For purposes of this subsection, the following terms shall mean those beach lots which are located either within (urban) or outside (rural) the Year 2000 Metropolitan Urban Service Area boundary as depicted in the comprehensive plan. a. Urban recreational beach lot: At least 80 percent of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within 1,000 feet of the recreational beach lot. b. Rural recreational beach lot: A maximum of 50 dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beach lot. Upon extension of the Metropolitan Urban Service boundary into the rural area, the urban recreational beach lot standards will apply. (12) All recreational beach lots may be used for swimming beach purposes, but only if swimming areas are clearly delineated with marker buoys which conform to the United States Coast Guard standards. NO SWIMMING AREA PLANNED (13) All recreational beach lots shall have a buffer sufficient to insulate other property owners from beach lot activities. This buffer may consist of topography, streets, vegetation, distance (width or depth), or other features or combinations of features which provide a buffer. To insure appropriate buffering, the city may impose conditions to insulate beach lot activities including, but not limited to: OK a. Increased side or front yard setbacks for beach areas, docks, racks or other allowed recreational equipment or activities; b. Hours of use; c. Planting and maintenance of trees and shrubs; d. Erection of fences; e. Standards of maintenance including mowing and trimming; painting and upkeep of racks, docks and other equipment; disposal of trash and debris; f. Increased width, depth or area requirements based upon the intensity of the use proposed or the number of dwellings having rights of access. (14) To the extent feasible, the city may impose such conditions even after approval of the beach lot if the city finds it necessary. (15) Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to watercraft owned by the owner/occupant or renter/occupant of homes which have appurtenant right of access to the recreational beach lot. OK (16) The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a site plan approved by the city council. ATTACHED (17) Portable chemical toilets may be allowed as a condition of approval of a recreational beach lot. The maintenance and use of chemical toilets on some beach lots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreation beach lots shall be subject to the following: NA a. The minimum setback from the ordinary high water mark shall be 75 feet. Side and front yard setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake. b. It may only be used Memorial Day to Labor Day and shall be removed from the lot during the rest of the year. c. It shall be securely anchored to the ground to prevent tipping. d. It shall be screened from the lake and residential property with landscaping. e. It shall be serviced at least weekly. f. Only models designed to minimize the potential for spilling may be used. g. Receipt of an annual license from the city's planning department. The license shall be issued unless the conditions of approval of this ordinance have been violated. All license applications shall be accompanied by the following information: 1. Name, address, and phone number of applicants. ATTACHED 2. Site plan showing proposed location of chemical toilets. NA 3. Name, address, and phone number of chemical toilet supplier. NA 4. Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone number of person responsible for maintenance. NA 5. A written description of how the applicant intends to screen the portable chemical toilet from all views into the property, including views from the lake. NA (18) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. NONE (19) Gazebos may be permitted on recreational beach lots subject to city council approval and the following standards: NONE a. Minimum setback from the ordinary high water mark shall be 75 feet. b. No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located. c. Maximum size of the structure shall not exceed 250 square feet. d. Maximum height shall not exceed 20 feet. e. Gazebos shall make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high-quality design concept for the lot which is compatible with adjacent and neighboring structures. f. Gazebos shall be properly maintained. Structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, removed, or replaced by the homeowners or beach lot association. g. The following improvements are prohibited in gazebos; screening used to completely enclose a wall, water and sewer service, fireplaces, and electricity. (Ord. No. 377, § 26, 5-24-04) Sec. 20-109. - Applications. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be filed 30 days in advance of the planning commission meeting, at which it is to be considered. Prior to filing an application for site plan review, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of the comprehensive plan and the City Code before incurring substantial expense. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has determined that official action is warranted. The application shall also include: (1) Evidence of ownership or an interest in the property; COMPLETE (2) The application fee; COMPLETE (3) Complete site plans, signed by a registered architect, civil engineer, landscape architect or other design professional, to include the following. BASIC SITE PLAN ATTACHED (4) General: a. Name of project. ✓ b. Name, address and telephone number of applicant, engineer, and owner of record. ✓ c. Legal description (certificate of survey will be required). ✓ d. Date proposed, north arrow, engineering scale, number of sheets, name of drawer. ✓ e. Vicinity map showing relationship of the proposed development to surrounding streets, rights-of-way, easements and natural features. ✓ f. Description of intended use of the site, buildings and structures, including type of occupancy and estimated occupancy load. ✓ g. Existing zoning and land use. h. Tabulation box indicating: NA 1. Size of parcel in acres and square feet. 2. Gross floor area of each building. 3. Percent of site covered by building. 4. Percent of site covered by impervious surface. 5. Percent of site covered by parking area. 6. Projected number of employees. 7. Number of seats if intended use is a restaurant or place of assembly. 8. Number of parking spaces required. 9. Number of parking spaces provided including handicapped. 10. Height of all buildings and structures and number of stories. 11. Breakdown of the building area allocated for specific uses, e.g., manufacturing, office, retail, showroom, warehouse, etc. (5) Site and building plan: NA a. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations. b. Grading and drainage plans showing existing natural features (topography, wetlands, vegetation, etc.), as well as proposed grade elevations and sedimentation and stormwater retention ponds. Plans shall include runoff and storage calculations for ten-year and 100 - year events. If stormwater is proposed to be routed to existing stormwater ponds, documentation shall be provided to demonstrate that the downstream pond is sufficient to accommodate the additional stormwater. c. All existing and proposed points of egress/ingress showing widths at property lines, turning radii abutting rights-of-way with indicated centerline, width, paving width, existing and proposed median cuts, and intersections of streets and driveways. d. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic -control devices. e. Landscaping plan in accordance with the provisions of article XXV. f. Location, access and screening detail of trash enclosures. g. Location and screening detail of rooftop equipment. Screening shall be provided from the perspective of a point six feet high at all adjacent property lines or from a distance of 250 feet, whichever is greater. h. Location and detail of signage including method of lighting, height, width, sign display area, etc. i. Lighting location, style, mounting and photometrics. j. Building elevations from all directions indicating materials and colors. Interior floor plans may be required. k. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building. I. List of proposed hazardous materials, use and storage. m. Proposed fire protection system. n. Such other information as may be required by the city. o. Photocomposite images, artistic renderings, or site elevations which depict the visual impact of the proposed development's design, landscaping, street layout, signage, pedestrian ways, lighting, buildings, or other details that affect land use within the city shall be submitted. Such images and renderings shall be from key vantage points and provide an undistorted perspective of the proposed development from abutting properties, less intensive land uses, and/or from entryway locations. Photorealistic imaging or renderings are the appropriate level of resolution. (6) Within the HC districts, the application shall also include: NA a. Building elevations from all directions, indicating materials, colors and landscaping at installation. b. Building and site views from Highway 5, the appropriate access boulevard (north or south of Highway 5), and any other appropriate arterial or collector roadways. c. Site views showing the relationships of the proposed building or development to adjacent development, including buffered areas. d. Drawings of all significant or atypical site features, such as unusual landscaping, manmade water features other than retention ponds, outdoor sculpture, or other large-scale artwork and other uncommon constructs. e. Sample building materials. f. Sample paving materials, upon the citys request. (7) Within the BCO district, the application shall also include: NA a. Identified boundaries of the primary zone and secondary zone on a drawing depicting existing conditions and on a site plan depicting the proposed development pattern. b. Calculations and/or drawings that identify the allowable density (number of units or building coverage) under this Code, including lands lying in the primary and secondary zone. Calculation of allowable density shall specifically exclude lands classified as bluffs, floodplains and designated wetlands. Calculation of allowable impervious cover may include bluffs and floodplains but shall specifically exclude designated wetlands. (Ord. No. 119,2-12-90; Ord. No. 203, § 2,5-9-94; Ord. No. 212, § 4,7-11-94; Ord. No. 286, § 6,12-14-98; Ord. No. 315, § 1, 3-26-01; Ord. No. 377, § 15,5-24-04; Ord. No. 474, § 3,10-13- 08) Sec. 20-920. - Structures, boats and waterways. (a) Exemption. This article does not apply to any lakeshore property owned or leased by the city. (b) Nonconforming docks. (1) Permanent docks existing on July 11, 1983, and which do not comply with the structure limitations set forth in this article, shall be deemed to be nonconforming uses. Seasonal docks utilized by privately owned commercial resorts or commercial boat landings prior to July 11, 1983, and which do not comply with the structure limitations set forth in this article shall also be deemed to be nonconforming uses. (2) No nonconforming dock shall be enlarged or altered or increased, or occupy a greater area than that occupied by such dock on September 7, 1983, or on the effective date of or any amendment to this article. A nonconforming dock shall not be moved to any other part of the akeshore site upon which the same is erected unless it is relocated in such a manner as to conform to the dock setback zone requirements of this chapter. Any nonconforming dock which is partially or totally destroyed by any cause may be restored to its former use and physical dimensions, if the restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a nonconforming dock are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such dock. (3) All docks must conform to dock setback requirements. ✓ (c) Location restrictions. No dock, mooring or other structure shall be so located as to: (1) Obstruct the navigation of any lake; ✓ (2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized under this chapter; It (3) Present a potential safety hazard; or ✓ (4) Be detrimental to significant fish and wildlife habitat or protected vegetation. ✓ (d) Construction and maintenance generally. Docks, moorings and other structures may be constructed of such materials and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a hazard to the public using the waters of the lake and they shall be maintained in a workman -like manner. ✓ (e) Docks. (1) No more than one dock shall be permitted on any lakeshore site. ✓ (2) No dock shall exceed six feet in width and no dock shall exceed the greater of the following lengths: ✓ a. 50 feet; or b. The minimum straight-line distance necessary to reach a water depth of four feet. (3) The width (but not the length) of the crossbar of any dock shall be included in the computation of length described in the preceding sentence. The crossbar of any such dock shall not measure in excess of 25 feet in length. No dock shall encroach upon any dock setback zone; provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. ✓ (4) No person shall store fuel upon any dock. ✓ (5) No oscillating, rotating, flashing or moving sign or light may be used on any dock. ✓ (6) No advertising signs shall be displayed from any dock. ✓ (7) Access across wetlands shall be subject to the standards set forth in section 20-405. Docks ✓ shall be elevated a minimum of six to eight inches above the ordinary high water elevation. (f) Mooring, docking, etc., of watercraft. (1) Except for privately owned commercial resorts or commercial boat landings established prior to July 11, 1983, no person shall moor overnight, dock overnight, or store overnight, more than three watercraft on any lakeshore site or upon the waters of any lake. Docking of watercraft at any lakeshore site or storage of watercraft upon any lakeshore site is permissible however at any time other than overnight. ✓ (2) No watercraft shall be moored or docked overnight on the water of any lake unless it is currently registered pursuant to M.S. ch. 86B, either in the name of the owner of the lakeshore site in from of which the watercraft is moored or docked, or in the name of a blood relative of the owner. ✓ (3) Except as provided in subsection (f)(2) above, no watercraft or boat lift shall be kept, moored, docked or stored in the dock setback zone. ✓ (g) Swimming rafts, ski jumps, diving towers, etc. ✓ (1) Swimming rafts may only be located directly in front of a lakeshore site owned by the raft owner or with the written approval of the owner of the lakeshore site. All swimming rafts shall meet the minimum standards in this subsection. Their size shall not exceed 144 square feet. Swimming rafts shall project over the water surface not less than one foot and not more than five feet, measured vertically, above the surface of the lake. Swimming rafts shall not be located in areas with a depth of less than seven feet. Swimming rafts shall be reflectorized as provided in subsection (g)(2). Their distance from the ordinary high water mark shall not exceed 100 feet. (2) Swimming rafts, ski jumps, diving towers and other structures surrounded by the waters of any lake, whether floating or on posts, shall be lighted with a light visible in all directions, or have attached thereto, sufficient reflectorized material so as to reflect light in all directions. The material shall be capable of retaining 80 percent of its dry weather reflective signal strength when wet. (h) Fueling facilities. Installation of fueling facilities on docks, moorings and other structures shall be prohibited. Any fueling facilities which were in active use prior to September 7, 1983, shall be deemed to be nonconforming uses. No such nonconforming fueling facility shall be enlarged or altered or increased or occupy a greater area than occupied on September 7, 1983. Any nonconforming fueling facility which is partially or totally destroyed by any cause, may be restored to its former use and physical dimension if said restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a nonconforming fueling facility are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such fueling facility. NA (i) Removal of seasonal docks, moorings, etc. All seasonal docks, moorings, and other structures shall be removed from the lake before November 1 of each year. All nonconforming structures, except legally nonconforming docks and swimming rafts, once removed may not be returned to the lake. Legal nonconforming moorings, docks and swimming rafts, e.g., the "Carver Beach" raft, may be returned to the lake. NA 0) All structures shall comply with the department of natural resources regulations. ✓ (Ord. No. 483, § 1, 8-10-09) Minnesota Wetland Conservation Act Notice of Decision .opal Cove nmvn unit (I.GU) ds City of Chanhassen 7700 MmIM Blvd., PO Bos< 147 Clauhassm MN 55317 1. PROJECTROORMATION Applicant Name Project Name Date of Application Lake Lucy Ridge BOA Lake Law Ridge AOA Outlot Application Nicobar 10/5/16 201611 ® Aftsfi site locator map. of Decision: ® Welland Boundary or Type ❑ No -Loss ❑ Replaammcm Plan ❑Approve Summary (or attach): ❑ Exemption ❑ Banking Plan ❑ Approve with conditions 0 ■ r , L LOCAL GOVW4NENT UNIT DECISION Date of Decision: 10/31/16 ® Approved ❑ Approved with conditions (include below) ❑ Denied LGU Findings and Coachaions (attach additional sheets as necessary): BWSR Foam 7-1-10 Page 1 of 3 f Westwood Professional Semicea, ort behalf of the Lake Lucy Ridge Homeowner's Association, 1 delineated approximately 400 het of riparian wetland adjacent to Lake Lucy. The propene of the delineation was as due diligence for the forthecoming request of designation as a beach lot under Chanhassen City code for the placement of a dock and perhaps other structures such as a canoe rack- The ackThe delineation was performed on September 12, 2106. The application w as received on 9127116 and found to be oomplete and noticed on 1015/16. The delineation identified one wetland. The delineated wetland boundary was classified as a I ype 2 wetland (PEM I B) with some areas of Type 3 (PEM I C) wetland. The interior of the wetland, though not sampled. gives way to a more petmanan hydrologic regime (PEMF) and than to the deep water habitat of lake Iacy. Terry Jeffery of Chanhassen field reviewed the delineation on 10/11/16 and found the flags W accurately refele ct dee wetland boundary. Based upon the report provided, available remote scnueng dao, and a site visit Chanhassen, as the LGU responsible for administration of the WCA finds the wetalnd boundary and type determination accurately reflects Teal conditions. l — For Reolacer ent Plans usme credits from the State Wetland Bank: Bank Account ti Bank Service AreaCounty Credits Approved for Withdrawal (sq. 0. or nearest .01 acre) Replacetsent Plan Approval Caaditioas. In addition w any coudidons specified by the LGU, the appmval of a Wetland Replacement Plan is conditional upon the following: ❑ Fiaanefal Assarance: For project -specific replacement that is not in -advance, a financial assurance specified by the I GU must be submitted to the LGU in accordance with MN Rule 8420.0522. Subp. 9 (List amount and type in LGU Findings). ❑ Deed Recording. For pmjeci-specific replacement, evidence must he provided to the LGU that the BWSR "Declaration of Restrictions and Covepants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Whhdnw'al: For replacement consisting of w•erland bank credits, confirmation that BWSR has withdrawn the credits fitnn the state wetland bank as specified in the approved teplacatrcut plan. Wletiseds nay not be impacted until aR applicable conditions have been meal Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.025. Subp. 5 provides nonce that a decision was made by the LrX tinder the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner Tarry Jeffery, WDCP #1116 I Water Resources Coordinator Date Ph" Numbe 11,2116 !92.227.1168 Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. BWSR Forms 7-1-10 Page 2 of 3 .Appltwnts proceed at their own nsk it work authorized by this decision is started betore the time Period for appeal (30 days) has expired. if this derision is reversed or revised under appeal, the applicant may be responsible for rmoring or replacing all wetland impacts. This decision is valid for three years Eiom the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rale 8420.0905, any appeal ofthis decision can only he commenced by mailing a Petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: ® Appeal of an LGU staff decision. Send NF Rev:nn ❑ Appeal of LOU governing body decision. petition and SILS fee (if applicable) to: Reg. Fnv. Aaaeas Fcol. Send petition and $500 filing fee to: Todd Gerhardt, City Manager Rag. lay. Aseaa. Ecol. Executive Director City of Chanhassen Ecol. Minnesota Board of Watt and Soil Resources 7700 NUrket Bh d 1201 E. Hwy. 2 520 Lsfeyette Road Nottb Chanhassen, MN 55317 NE St. Paul, Wq 55155 4. LIST OF ADDRESSEES SWCD TEP member. Aaron Fake B W SR TEP member. Bea Meyer LGU TEP member (if different than LGU Contact): DNR TFP member. Becky Horton DNR Regional Office (if different than DNR TEP member) WD or WMO (if applicable): Claire Bluer, RPBCHD Applicant and Landowner (if diffcrmt) Slombcrs of the public who requested not= Kristine Maurer. Westwood Prufeado sid Services �1 Corps of Engmcaa Project Manager ❑ B WSR Wetland Bank Coordinator (wetland bank plan decisions only) f iSr;7.Tf1D:RTiJV11113 FV0410 ➢Fora lid ofBWSRTEPrepresentativu:gww_¢mgr.statfmn.us/abcrabwsr�wotjatct�yt'CA arcas.tdf >For a list of DNR TEP representatives: www.bwsr.state.mn.traMetlands'wcalD,,R TFP contacts.odf DDepanmtat of Natural Resotuces Regional bees: N'W,$on: NF Rev:nn S®galB��: . BO�t Reg. Fnv. Aaaeas Fcol. Reg. Fay. Anseu. Fool. Reg. Fay. Aasau. Rag. lay. Aseaa. Ecol. Dn. Ecol. Rmourccs Div. Lcok Resources Ecol. Div. Fwd. Reaourca 2115 Bachmont Bach Rd. 1201 E. Hwy. 2 Div. Ecol. Resourecs 261 Hwy. 15 South NE Grand Rapids, MN 1 1200 Warner Road New U1Q MN 56073 Bcmxiji,MN %Wl 55744 Sl. P MN 55106 Fora map of DAR Administrative Regions, see: 'i; I /reeitinstod Y For a list of Corps of Project Managers: www.mw.usace.amry.nail/teeulaton✓¢4LatsU,aBy'eid-667 or send to: US Amy Corps of Engineers St. Paul District, ATTN: OP -R 180 Fifth St. East, Suite 700 St Paul, MN 55101-1678 BWSR Forms 7.1-10 of 3 Page 3 D For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and SoU Resouroea Wedmd Bank Coordinator 520 Lafayette Road Nath St. PaW, MN 55155 6. ATTACB'MENTS In additim to the site locator map, list my other attachments: ® She Location Map ® Approved Delineation Boundary (} Mure d from N't"—d report) 8 .o BWSR Foran 7-1-10 PW 4 of 3 IMF- Jk ".tr' Kms. ♦ � �— w S WPM RT A Document No. OFFICE OF THE 1A T ■141'5s1s5t5�I01 REGISTRAR OF TITLES CARVER COUNTY. MINNESOTA IW��Id9�lYe��� Cancra 105996 Fee 00 IV110 VolCan-111 30ST7 0 Gertz and Use on o4-19.20)1 at 00Z aa.t AM ❑ PM I0011111110 Dootlment No. OFFICE OF THE A 384320 COUNTY RECORDER CARVER COUNTY, MINNESOTA Faro Fee U 2000 C1190W 9619 Cerb6ad tied and Mcolded on04-1r.20N at 09.30gM1O PM amrdm GRANT OF PERMANENT TRAIL EASEMENT DENALI CUSTOM HOMES, UNG a Nfinnesots corporation, hereinafter referred to as 'Camue, in consideration of One Dollar(s) ($1.00) and other good and valuable conadem0n, the receipt and surffic ency of which is hereby acknowledged, do(es) hereby grant unto the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Cmmwe, hereinafter referred to as the 'city its successors and assign&, forever. a perr iumm easement for public [railway purposes over, across, on, under, and through land situated within the County of Carver. State of Minnesota as described on the attached Exhibit 'A'. JNCU7DING the rights of the City. its contractors, agents, servants, and assign, to enter upon the easement premises at all reasonable tines to construct, reconstruct, input, repmr, and cuintain said public trmlway systems over, scans. on, under, and through the easement Ptrmues, together with the right to grade, lewd, fill, draux pave, and excavate the easement premises, and the further right to remove trees, bushes, undergrowth. and other obstrumuns interfering with the location, construction. and mammusnoe of said public trailway system. The above named Grantor, for itself, its mccessom, heirs. and assign do covenant with the City, its successors and assigns, that it is well seized in fee title of the shove described easement !lest 1 t7NN. FOM sat+m,isa. lr W 15 a p(ernttes; that it has the sole right to grant and convey the easernmt to the City; dw them are no omccasded interests in the easement pmnaea; and that it will indemnify and hold the Oty harmlrss for any bleach of the foregoing covenants. U4 TEMMONY %'HEREOF, the Grantor hereto have signed this sgreement this —15— day of � � . 2004. GRANTOR(S), DFNAIk CUSTOM HOMES, INC. <la David Bicker. President STATE OF MB4NESOTA ) COLTIMOF Caner , The foregoing uutrum itt was acknowledged belon: use this 15 day of 2004. by David Bicker, the President of Denali Custom Homes, be.. a Minnawaa nen 2 aAH:raaal su. vvtwe TMs e� NOT PUBUC REBECCA M. SCXUBMAN DRAFSRDaY:� CaeaasL %wont .o•.a, .x.c. w..lao.• ., c.+lw«� f, en Pmj.m"Aasaru, 717 e5ptimaae Olay Calar 15WC it, t Calmartans Faaa aWsab 75121 Tdybm 1960&52.5100 =4=6 nen 2 aAH:raaal su. vvtwe TMs e� EXHIBIT "A" TO GRANT OF PERMANENT TRAIL EASEMENT Ttun, P,AsFAwxr DrccmrnON A 10.00 foot permanent easement in Lot 2, Block 3, lake Lucy Ridge, Carver County, Minnesota for trail and trail maintenance purposes located southwesterly of the following described line: Beginning at the northerly most point of said Lot 2; thence South 41 degrees 36 minutes 39 seconds East, assumed bearing, along the northeasterly line of said Lot 2 a distance of 63.54 feet to a point of deflection; thence South 51 degrees 06 minutes 19 seconds East along the northeasterly line of said Lot 2 a distance of 89.77 feet to the easterly most point of said Lot 2, and there terminating. �R� Mlarry aaStraR a iRtf L0. � Ob Q"� MR 563" 3 tatnr+FORM • Document No OFFICE OF THE REGISTRAR OF TITLES T 131892 CARVER COUNTY, MINNESOTA ilil�'IR'lliI liI �'2NM Yale �55 Crbhad Md Mad oe 124620M ad 1130 CKPAC PM �mv �: Document No OFFICE OF THE COUNTYRECORDER Ipm'�I A333311I12f',{g���I AAYI CARVER COUNTY. MINNESOTA IIY��I� 11 1111, FkV Fee $2000 OWCW ,0558 CareW tiled MIO rai=ded on 12-WW02 M 1130 0A 0 PM I�IIQIU�I�IIVIIIq�VU�UIII�UiIaU Canty CffY OF CHANHASSEN CARVER AND M4NEPIN COLWnES, SUNNFSOTA WEf1AND ALTERATION PERbfff N2001-3 1. Pstmit Subject to the tum, end cmidinons jet forth herein, the City of Chanhassen hereby grants a wedwA alteration permit for the following me Wetland Alt<rwon Petirut m fill 000 square feet of wedand 2 1'uopc,4 The permit is for property situatd in the City of Chanhasscri. Carver County, Mlnriesora, and legally described as lake Uiey Ridge 3 C,vd,nmc The peuO t is issued for fake Lrcy Ridge w shown on the plans dared received fcbnury 19.2001 Mid subjectto the fo110wn119 COMAIJom' a Wetland teplacement shall occur In, manner C011jifiCnt wIN the bfinnesow Wetland Conservation Aa (MR 9420) b The plans shall show a fixed phao raomtonng point for the neolocement wedand A five -yrs' wetland replecetnent monitoring plan shall be subnaned The applicant shall provide proof of recording of a Declaration of Restncnon, and Covenants for Replacement W etiand The Cny shall approve a wedmd mplaanrcN plan pray a wetland Impacts oarunng. c. Wetlandbuffer arca, shall be preserved =leas otherwue approvedby the City AB disoubed buffer areas dull be rtvegeuted vnth move, non-mvasire vegttabon Buffert shall be surveyed and staked in accordance with the City's wetland ordinance: 71ie applicant shall install wetland buffer edge ngm, under the th extm of City staff, before construction begins and shall pay the City 52(1 per mgn d All avuctures shall mnntaro a40 -foot setback from the edge of the wedand buffer e Drainage and utility easements shall be provided overall existing wetlands, wetland magauon areas and storm water ponds f Type M silt Icrct shall be provdd ad)aaet to al: wetland fill area, tunas to be Ptuvved as tuHa or, if no Imffer is to be pmsa vd. r die dehatated wctlam 0* g. Any disturbed wetland arw shall be reseeded with MnDOT =d nus 25 A. a a similar teed mix that is approrod for wetland ml conditions h The applicant "I apply for and obtain pmmts from the apptapriatt regulatory agdiaes (e g. Riley-Paptay-Bluff Creek W atmhed DPsma Army Corps of Enpiiars) and comply with Hien cmditiont of appmrtl a The Cay may revoke d¢ p mnit fotl wng a Poblic heanng for rioinan of the terns of Ws permit S laps B within one ycn of the issuance of this pemat W sumonred mrutrucbon has not been substantially arnplertd or the use camnnnoc i this pernat shall lWW. wiles W tatertsion is gamed In accordance with the Chanhassen Zmmg Ordrurce 6. GimmLFYaalry Vid6ior. of Nt Imre o(W s conditional ue permit u a snmiiul rmsdr:rrranor Dated u428 71n] Cf1Y OF CHANHASSEN 7ar"M SFAL By Todd Oeshssd. Qty Mrisga STATE OF MINNESOTA ) (u COtJNIYOFCARS'ER ) M fatgoreg rmuiimcm ]Da:. by tach C )anstw, Maya aM Todd Oals.d. City Maoiga, of the City of Chanlusun. Mmnaam marocipal corporaam, m behalf e(the corpontrm aiId purmint to authorgrarae ity d b! achy Conal —s/ Com. t._..L__.i k«>sSsn blit DRAF[FD BY City of Urihro OfiP (wg mirk a -v&, py,gBi i Nii""I P O Boa 147 +I1)/7 MMS. Cbmthasism.MN 55317 gy�,vsv j;5122. II �II 1�. Wt , Come, A ��00 COMMUNITY DEVELOPMENT DEPARTMENT }) (7t Planning Division - 7700 Market Boulevard (1 Mailing Address - P . Box 147, ChardeSM, MN 55317 Phone: (952) 227-1300 1 Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW OF Subm ad Date PC Date CC Da!- 60 -Day Review Date tFehv !c ,n apprcpnafe App/cabm Checadrffi for reprep �. a, rnf mat n Charm accompany Nos a opkCAhM J ❑ Comprehensive Plan Amertdment...................-.-ib00 ❑ Minor MUSA line for failing on-site sewers .._.=100 ❑i Conditional Use Permit (CUP) ❑ Single -Family Residence _ ____ ...........$325 J❑ All Others __._ _..... ......... _ --------------- $425 ❑ Interim Use Perm1(IUP) ❑ In coryuncbm villi Single-Famdy RemkMrtce.. $325 ❑ AllOthers---...----------------------------------------------- $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD).. --- ...._....... $750 ❑ MinorAmendment to existing PUD ................. $100 ❑ All Others ...._...---------------_._..$500 ❑ Sign Plan Review... ............................................ -.. $150 ❑ Site Plan Review (SPR) ❑ Administrative.......-------------- .........................$100 ❑ CommeruaVmdustrialDistricts* .................. .... M Plus $10 per 1.000 square feet of btidiM area: ( thousand square feel) 'a¢hale nufter of ems_ a Pio eaa: 'YhckWe number of new emp.oyees; ❑ Residential Districts __ .. _._.------- - ............... $500 Plus $5 per dwelling unit (— taut) ❑ Subdivision (SUB) ❑ Create 3 lots or less ....... - ....... ....................... 5300 ❑ Create over 3lots - ......... ......... SM+$15 per Ion bfs) ❑ Metes & Bounds (2 M) ...... _....... . __ _..._5300 ❑ Consolidate Lots. .-... ......... ... ......................... $150 ❑ Lot Line Adjustment ................. - .... ..... .......... $150 ❑ Final Plat _ --------------------- ...._........... $700 (Includes $450 escrow for attorney costs)' 'Aditonai escrow may be reghared for core. alai l bmS tlhrahgh Che deveeopment mrhbad. ❑ Vacation of Easements/Rignt-of-way (VAC) $300 (Addroanal temdrq fees may apWy) ❑ Vanance(VAR).... ......... ... .....___ $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence.. ......... .._ _ $150 XAll Others .....................__....... ---.......$275 ❑ Zoning Appe9.----------•-------._._ . _._. $100 ❑ Zorrg Orli MM Amendment (ZOA) - _1 $500 NOTE' YMri muriple appbcabw are processed mheumerkly, i am,,xiial fee "be charged for each appbcabm ❑ NotRrcabonSign (Der w rnmsh+we).............................. -........... ......... ........................................................ _. $200 ❑ Property Owners' List mMm 500' (cty b genera. aex p *,vpucaum nweiii )......... .._----- .- --- ----------- -.-----.-._ $3 per address taddresses) ❑ Escrow for Recording Documents (check all that apply) ..... ............. ................_.-------- $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Ske Plan Agreement ❑ Vacation ❑ variance ❑ Wedand Alteration Permit ❑ Metes 8 Bounds Subdrosion (3 docs) ❑ Easements ( easements) TOTAL FEE: Description of Proposal- Application for CUP for the purpose of installing a dock on Lake Lucy Property Address or Location' Parcel p: 254160190 Total Acreage: 5.00 Present Zorvng: Select One Lake Lucy Rndget Wetlands Present? ® Yes ❑ No Requested Zoning. Select One Present Land Use Designation: Select One Existing Use of Property, ❑ Check box is separate narrative is attached. Requested Land Use Designation: Select One 9YG ss / IYy>py'Yy �Y]4V Y iu @Ys � aII� I Y uw � tl ux.+wl•rsi!'�_- Y R I- 11 b . aW 1/1 IRO 9NISSddS381 ON .M[Y1HIW aV J.0 11 a3 m SYlw )IW avian _ LYY RIDI^'. I I I SIA • AiIRI�Y\IgIR!•NBRYwYN1 �_ Yr»soe DS 8015 N'Y ! L � Illi aarsr.ms+Ynwal.Iw aleg Aa!jn:)a5 Section 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 rapacity 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 studiesetcwith an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct Name: Greg McGuirk Contact: Address: 1770 Lucy Ridge Court Pte_ Crty/StateZp: Chanhassen, MN 55317 ken: (773) 490-1852 Email gomcguirk@gmail com Fax: i Signature : Date 1/ 130117 PROPERTY OWNER: In signing this application. I, as property owner. have full legal rapacity 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 addHional fees may be charged for consulting fees, feasibility studies. etcwith an estimate prior to any aut orizaton to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name Contact: Address: Phone: CitylState0p: Cell. Email. Fax Signature : Date: This application must be completed in NII 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 (it applicable) Name: Conlact Address- Phone: CrtyrStateZp Cell: Email. Fax: Section 4: Notification Who should receive copies of staff reports? 'Other Contact Information: ❑ Property Owner via: ❑ Email ❑ Mailed Paper Copy Name: Applicant Via:❑ Email E] Mailed Paper Copy Address: Engineer Via: ❑ Email ❑ Mailed Paper Copy Cdy/Sate2p: ❑ 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 i required) . SAVE FORY PR/fT FORM Sl1BMfT FORM Site Mao Westwood Legend Prgect Area Parcels Delineated Wetland Existing Asphalt Path ® Pier Wood Chip Pam t &=4*Lacedm a. COMRItlt 4", 12 x NOTES Ntood dup path is 4 fret witle and exaritls from tse curratYyr exsung asphalt path to the pier. The main section of the per unit miend eashvard from sliorE WO aie lake and will lave dimensions d a fret w e x 160 tees lorg. Two aikilb a' sections vrth drrereronf of 20 few "x a feet wide sssl 00nneCt b fain a Tal the end of" main par section. Canoe Rack w+l be bcalad on one of the enact secbn afthe pier Drawtrsp is a schcmaac br •usoatrve Iwippaes ora). Lake Lucy Chanhassen. Minnesota N Proposed Pier. Path. & Canoe Rack A� Feel Locations and Dimensions 0 so N..hnho IA 711`19. Authorized by General Permit 2008-0401 No Permit Required 12, Platform area (not including walkway) up to 120 square feet. Purpose of the dock rules 4' 4' Platform area (including walkway) up to 170 square feet. No area of the dock is wider than 8 feet. �If buying, selfing or moving a dock from one body of w;97O _ 9re ,,6 owners should make sure all zebra mussels, vegetation or other invasive species are removed and let dry for a minimum of 3 weeks before placing in another water. when using a business to place or remove your dock. make sure that they have a valid Lake Service Provider permit and the sW have an aquatic invasive species training certificate. For more Won see. mndnroovrmvasives Intensive shoreland development causes deterioration of a lake's ecosys- tem. Dock installations and their associated uses are factors in this deterio- ration. Studies of lakes in the Midwest show that docks and boat lifts may shade out important aquatic plants and eliminate critical habitat where fish spawn, feed, grow, and find shelter from predators. Shoreline views may also suffer when large dock systems are installed. Also, there is a growing concern about the private use of the water surface if docks and associated structures extend too far, cover too much surface area, or span the entire owned frontage. The proliferation of dock configurations and dimensions is a concern to the DNR, lake associations, anglers, lakehome owners, and others. Finding the appropriate balance between reasonable access and resource protection requires collaboration by all interests. Another issue of concern is any attempt to control access to a lake bed or water surface. Even when land ownership extends into the lake bed, all who own land abutting the water or gain legal access have the right to use the entire surface of the water. For this reason, a dock configuration should never close off part of the lake to other users. If the dock is designed and used for access to navigable water depth, a DNR permit will rarely be needed. A dock does not need a permit if it is no more than 8 feet wide, is designed to simply meet the need of reaching navigable depths, and follows the other guidelines on the front of this brochure. DNR Contact Information MLYM—wimiii DNR Ecological and Water Resources website and a listing of Area Hydrologists: mndm gov/contact/ewcht ml DNR Ecological and Water Resources 500 Lafayette Road, Box 32 SL Pad, MN 55155 pEWgiM31TOF (651)259-5100 MAIIIIMlp601BCB agement Program. If your shoreline plans include removal of aquatic vegetation, please contact a regional DNR Fisheries office because a permit may be required. Removal of native plants may provide open space for invasive species to take hold. DNR Information Center This information is available in an alternative format on request. Twin Cities: (651) 296-6157 Minnesota toll free: 1-888-646-6367 Telecarrom nication device for the deaf (TDD): (651) 296-5484 TDD toll free: 1-800-657-3929 Equal opportunity to participate in and benefit from programs of the Minnesota Department of Natural Resources is available regardless of mce, color, national origin, sex, sexual orientation, marital status, status with regard to public assistance, age, or disability. Discrimination inquiries should be sent to Minnesota DNR, 500 Lafayette Road, St Paul, MN 55155-4049; or the Equal Opportunity Office, Department of the For information about aquatic plant management permits: Interior, Washington, DC 20240. mndnr.gov/eco/apm Docks and Access in Public Waters. February 2009. revised 12/2012 C 2011 State of Minnesota, Department of Natural Resources Page 2 of 2 i Platform area (not including walkway) up to 120 square feet. Purpose of the dock rules 4' 4' Platform area (including walkway) up to 170 square feet. No area of the dock is wider than 8 feet. �If buying, selfing or moving a dock from one body of w;97O _ 9re ,,6 owners should make sure all zebra mussels, vegetation or other invasive species are removed and let dry for a minimum of 3 weeks before placing in another water. when using a business to place or remove your dock. make sure that they have a valid Lake Service Provider permit and the sW have an aquatic invasive species training certificate. For more Won see. mndnroovrmvasives Intensive shoreland development causes deterioration of a lake's ecosys- tem. Dock installations and their associated uses are factors in this deterio- ration. Studies of lakes in the Midwest show that docks and boat lifts may shade out important aquatic plants and eliminate critical habitat where fish spawn, feed, grow, and find shelter from predators. Shoreline views may also suffer when large dock systems are installed. Also, there is a growing concern about the private use of the water surface if docks and associated structures extend too far, cover too much surface area, or span the entire owned frontage. The proliferation of dock configurations and dimensions is a concern to the DNR, lake associations, anglers, lakehome owners, and others. Finding the appropriate balance between reasonable access and resource protection requires collaboration by all interests. Another issue of concern is any attempt to control access to a lake bed or water surface. Even when land ownership extends into the lake bed, all who own land abutting the water or gain legal access have the right to use the entire surface of the water. For this reason, a dock configuration should never close off part of the lake to other users. If the dock is designed and used for access to navigable water depth, a DNR permit will rarely be needed. A dock does not need a permit if it is no more than 8 feet wide, is designed to simply meet the need of reaching navigable depths, and follows the other guidelines on the front of this brochure. DNR Contact Information MLYM—wimiii DNR Ecological and Water Resources website and a listing of Area Hydrologists: mndm gov/contact/ewcht ml DNR Ecological and Water Resources 500 Lafayette Road, Box 32 SL Pad, MN 55155 pEWgiM31TOF (651)259-5100 MAIIIIMlp601BCB agement Program. If your shoreline plans include removal of aquatic vegetation, please contact a regional DNR Fisheries office because a permit may be required. Removal of native plants may provide open space for invasive species to take hold. DNR Information Center This information is available in an alternative format on request. Twin Cities: (651) 296-6157 Minnesota toll free: 1-888-646-6367 Telecarrom nication device for the deaf (TDD): (651) 296-5484 TDD toll free: 1-800-657-3929 Equal opportunity to participate in and benefit from programs of the Minnesota Department of Natural Resources is available regardless of mce, color, national origin, sex, sexual orientation, marital status, status with regard to public assistance, age, or disability. Discrimination inquiries should be sent to Minnesota DNR, 500 Lafayette Road, St Paul, MN 55155-4049; or the Equal Opportunity Office, Department of the For information about aquatic plant management permits: Interior, Washington, DC 20240. mndnr.gov/eco/apm Docks and Access in Public Waters. February 2009. revised 12/2012 C 2011 State of Minnesota, Department of Natural Resources Page 2 of 2 Do I need a permit for my dock?' No permit is needed to install, construct, or reconstruct your dock on shoreline property you own if you comply with the following: • A dock is a narrow platform or structure extending toward the water from the shoreline. A dock may provide access to moored watercraft or deeper water for swimming, fishing, and other recreation. • The structure, other than a watercraft lift or watercraft canopy, is not more than 8 feet wide and is not combined with other similar structures so as to create a larger structure. • The dock is no longer than needed to achieve its intended use, including reaching navigable water depth. • The structure is not a hazard to navigation, health, or safety. • The structure will allow the free flow of water beneath it. • The structure is not used or intended as a marina. • The structure is consistent with the guidelines of the local unit of govern- ment. • Docks placed on rock -filled cribs are located only on waters where the bed is predominantly bedrock. Restrictions on docks and other structures You may not place a dock or other structure in public waters if the structure: • obstructs navigation or creates a hazard; • is detrimental to fish or wildlife habitat or is placed in a posted fish spawning area; • is intended to be used for human habita- tion; • includes walls, a roof, or sewage facili- ties; or • is located on property you do not own or have rights to use. If you have questions concerning the contents of this brochure, contact your DNR Area Hydrologist. See contact information on reverse side. `Based on Minnesam Rules, Chapter 6115.0110 mrd 6115.0211. What you should know about docks and other water access structures Docks and watercraft lifts are commonly used access structures on Minnesota lakes and rivers. If you own waterfront property, a temporary structure that provides access to a lake or river is pre- ferred to a permanent structure. Permanent structures are more likely to sustain ice dams hazard to recreational vehicle users. The blue box to the left lists installation guidelines for docks and access structures like boat lifts. These guidelines are intended to minimize impacts on water re- sources and shoreline habitat. If you follow these guidelines, no permit is needed from the Department of Natural Resources (DNR). Local units of government may have additional dock rules related to public safety and other local issues and should be contacted. A shoreline owner may request a permit to install a dock wider than 8 feet. The permit applicant must show a specific need and show that the wider dock repre- sents the minimal impact solution to that need. Docks serving single-family homes or residential planned unit developments generally will not need a dock wider than 8 feet. Public docks and mooring structures that are otherwise not serving as a marina may need to be a wider structure and will be reviewed individually. Docks that have no permit and that exceed the 8 -foot -wide limit are subject to enforcement action, including a citation, an order to remove the dock, and fines for both the landowner and the dock installer. Design and locate your dock and boat lift to avoid interfering with your neigh- bor's use of the water. Docks and boat lifts should be placed so that mooring and maneuvering of watercraft can normally be confined within the property lines if they were extended into the water. General Permit 2008-0401 A general permit was issued in 2008 to allow a modest platform at the lake end of a dock under certain conditions. This general permit allows a single, temporary platform up to 120 square feet measured separately from the access dock, or 170 square feet including the area of the adjacent access dock, if the following conditions exist: the access dock must be 5 feet or less in width and the dock must be on a lake with a shoreland classification of General Development or Recreational Development. See typical dock configurations on the next page. Refer to General Permit 2008-0401 at: mndnrgovhvaters/forms.html#generalpermits for more details. Docks and Access in Public Waters, February 2009, revised 12/2012 Page I of 2 Nlnnesota MINNESOTA DEPARTMENT OF NATURAL RESOURCES Amended General Permit Number Public Waters Work General 2008-0401 OEPAR7NENffIF KATA4l RESOUR.IES Permit Expiration Date: 0710112018 Pursuant to Minnesota Statutes. Chapter 103G, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the applicant and other supporting data, all of which are made part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant to perform actions as authorized below. This permit supersedes the original permit and all previous amendments. Project Name: County: Watershed: Resource: Statewide Dock Platforms All counties in All watersheds in Minnesota Lakes with General Minnesota Development or Recreational Development Shoreland classifications Purpose of Permit: Authorized Action: Authorization of moderate dock platforms Install a single, temporary platform at the lake end of a dock. The dock providing access to the dock platform shall not exceed 5 feet wide. The dock platform, measured including the last access dock section shall not exceed 170 square feet, or measured separately from the access dock shall not exceed 120 square feet. and shall be subject to all conditions and requirements of this permit. Permittee: Authorized Agent: Governmental Subdivisions and the General Public N/A Property Description (land owned or leased or where work will he conducted): Various. The permittee must own or control the riparian land from which the access dock originates. Authorized Issuer: Title: Issued Date: Effective Date: Expiration Date: Julie Ekman Conservation Assistance 07/01/2013 07/01/2013 07/01/2018 & Regulations Section Manager This permit is granted subject to the following CONDITIONS: APPLICABLE FEDERAL, STATE, OR LOCAL REGULATIONS: The permittee is not released from any rules, regulations, requirements, or standards of any applicable federal, state, or local agencies, including, but not limited to, the U.S. Army Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency, watershed districts, water management organizations, county, city and township zoning. NOT ASSIGNABLE: This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources. NO CHANGES: The permittee shall make no changes, without written permission or amendment previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity or location of any items of work authorized hereunder. SITE ACCESS: The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. TERMINATION: This permit may be terminated by the Commissioner of Natural Resources at any time deemed necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for violation of any of the conditions or applicable laws, unless otherwise provided in the permit. (MPARS revision 05/24/2013, Permit Issuance ID 9674, printed 07)01/201' CONDITIONS continued on next page... GENERAL PERMIT CONDITIONS (Continued from previous page) COMPLETION DATE: Construction work authorized under this permit shall be completed on or before the date specified above. The permittee may request an extension of the time to complete the project, stating the reason thereof, upon written request to the Commissioner of Natural Resources. WRITTEN CONSENT: In all cases where the permittee by performing the work authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights, and interests needed for the work. PERMISSIVE ONLY I NO LIABILITY: This permit is permissive only. No liability shall be imposed by the State of Minnesota or any of its officers, agents or employees, officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable conditions. EXTENSION OF PUBLIC WATERS: Any extension of the surface of public waters from work authorized by this permit shall become public waters and left open and unobstructed for use by the public. INVASIVE SPECIES - EQUIPMENT DECONTAMINATION: All equipment intended for use at a project site must be free of prohibited invasive species and aquatic plants prior to being transported into or within the state and placed into state waters. All equipment used in designated infested waters, shall be inspected by the Permittee or their authorized agent and adequately decontaminated prior to being transported from the worksite. The DNR is available to Vain inspectors and/or assist in these inspections. For more information refer to the "Best Practices for Preventing the Spread of Aquatic Invasive Species" at http://files.dnr.state.mn.us/publications/ewr/invasives/ais/best_practices_for_prevention_ais.pdf. Contact your regional Invasive Species Specialist for assistance at www.mndnr.gov/invasives/contacts.hbnl. A list of designated infested waters is available at http://fiies.dnr.state.mn.us/ecoAnvasives/infested_waters.pdf. A list of prohibited invasive species is available at www.mndnr.gov/eco/invasivesAaws.htmi#prohibited. STRUCTURES - SAFE MATERIALS: The structure shall be constructed with materials that will not have a detrimental impact on aquatic organisms or water quality. NAVIGATION AND SAFETY: The structure shall not obstruct navigation or create a water safety hazard. FISH AND WILDLFE HABITAT: The structure shall not be detrimental to significant fish and wildlife habitat or be located in a posted fish spawning area. STRUCTURE: The structure shall not have walls, roof, sewage facilities, or be used for human habitation or as a boat storage structure. FREE FLOW OF WATER: The structure will allow the free flow of water beneath it. ROCK -FILLED CRIBS: Dock platforms on rock -filled cribs are not authorized by this general permit. LOCALLY DESIGNATED SENSITIVE AREAS: Dock platforms in locally designated sensitive areas are not authorized by this general permit. cc: Dirk Peterson, Division of Fish and Wildlife Steve Enger, Division of Fish and Wildlife MAJ Phil Meier, Division of Enforcement Steve Colvin, Ecological and Water Resources Page 2 - General Permit Number 2008-0401 n Great Outdoors Services, LLC 18480 Country Squires Circle Prior Lake, MN 55372 (612) 470-3625 tpope@greatoutdoorsservices.com ESTIMATE ADDRESS John Butcher 6915 Lucy Ridge Lane Chanhassen, MN 55317 SALES REP Trevor ACTIVITY StloreMaster RS4 Dock 4'x 10' Sections with Maintenance Free Flow Through Decking Security Gate w/ Keypad Entrance, for ShoreMaster Dods Application Delivery & Installation Discounts & Savings from Great Outdoors ESTIMATE 1 1004 DATE 11/30.2016 20 1,152.00 23.040.007 1 3,995.00 3.995.007 1 500.00 500.007 1 -3.045.00 -3.045.007 Thank you to the opponurwy to wont with you an, your Lakeeom SUBTOTAL Ase iatbnwe look lonvard to hearing back hom you. ane kr: us TAX (7.125%) krww N there is anything you want to add or take away, aro we MV, be TOTAL glaE to help. Thanks again. Accepted By Accepted Date 24,490.00 1,744.92 $26,234.92 NIH Ems+ POLLS t}Tk 7 CITY OF CHAWSSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen m 1116®g2109�1 N1E 1 ENpER_R,SS.�� OS _ t.v� 6 Disoaapsr14 neither a legally recorde IXIE RESv R"�f VkI0 F�RwPRO_ This m0724`�\tM\1 as one. This map is a compilation op , , i -'E V N N city, county, state and federal offices, O 47 is to be used for reference purpos 1A7 Nit Geographic Information System (GIS) L 5 5 311, the City does not represent that the GI; 8 ['. \` �\,\�\\\ PtFB poST M _ � PITNEY BOWE9 02 1P $ 000.460 0003195036 FEB 092017 MAILED FROMZIP CODE 55317 any other purpose requiring exacting me \\ \ _ ,recision in the depiction of geographic features. are found please BRIAN J $ DENISE A CARNEY contact 952-227-1107. The preceding d ,..,,videcl pursuant to Minnesota 6566 SHADOW LN Statutes §466.03, Subd. 21 (2000), and th, ..eer of this map acknowledges that the City C H A N H ASSE N, M N 55317-9375 shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnity, and hold harmless the City from any and all claims brought by User, is employees or agents, or third parties which arse out of the users access or use of data provided. 55M`-'?e:� rrr�4urlrrlrllUrr'Irr,nhl'Ivrrlr'ifunlrrnnllr�rr�rlrl,l Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 21, 2017 at 7:00 P.M. This hearing may not start until later in the evening depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a conditional use permit and a wetland alteration permit for the creation of a 5 -acre recreational beach lot for Proposal: the Lake Lucy Ridge Subdivision Residents. The request 1, includes a private seasonal dock serving non -motorized watercraft and a cone rack for six vessels. Applicant: Lake Lucy Homeowners Association Property South of Lake Lucy Road, on the northwes; do ner of Lake Lucy. Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens W Wthe public hearing through the following steps: 1. Staff will give an overview of the proppsgd project. at Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2017-04. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff by email at saljaff(4ci.chanhassen.mn.us or by phone at 952- Questions & 227-1134. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Plannin Commission meetin . NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifvme to Sinn 'iI City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews. Conditional and Interim Uses, wetland A iteration, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before Me Planning Commission. City ordinances require all property within 500 feel of the subject site to be notified of Me application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At Me Planning Commission meeting staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will dose the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly Me Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of Me City Council except razonings and land use amendments from residential to commerciallindustdal. • Minnesota State Statute 519 99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepreseraaGve is encouraged to provide a conlect for the city. Often developers are encouraged to meet with the neighborhood regarding Meir proposal. Staff Is also available to review the project with any interested persons • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will DB included in the report to the City Councilff you wish to have something to ba iWct win the report, lease contact the Planning Stall person named on the notification. V1iq 4EAP1' i a`n5r1a . CITY OF CHMSSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen.mn.us ■ 616189®2789%17 N7E An�p.F55 Disclaimer ` SF -00 - 9 3�_ 4� This map is neither a leg: W „TT cc 51 K� —7579 is to be ulsedaors refers R-E>t ANH ASSENRY r:55317^Lsl_n3Ub .. 1i1 Q city, county, state and ted r .� _. y9lN y — 6 `3 } theCuritypdo sInformation epreseinc SL- s 513 11 H731�{Iltitt'tilll1111111, ll an other �lr1�11l�llt 1 se in the depiction of geogml 11 li f ._ ,....a contact 952-227-1107. The ..,,,. pursuant to Minnesota Statutes §966.03, Subd. 21 t 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 arse out of the users access or use of data rovitle d y� z ISS P%" PITNEY 00W ES 021 P $ 000.46° 0003195036 FEB 09 2017 MAILED FROM ZIP CODE 55317 ANTHONY D & GRETCHEN A ROEPKE 4646 KILDARE RD MOUND, MN 55364-1859 p 4j94Ztbti§ G �II�I�II�iI I LirIII�II�'Illil�ll�ilili�l'+I�rIrIIllllll�rlllll� Notice of Public Hearing Chanhassen Planning Commission Meeting February 21, 2017 at 7:00 p.m. This hearing may not start until later in the evenin , de ndin on the order of thea enda. Cit Hall Council Chambers, 7700 Market Blvd. F&TIme:Tuesday, Request for a conditional use permit and a wetland alteration permit for the creation of a 5 -acre recreational beach lot for the Lake Lucy Ridge Subdivision Residents. The request includes a private seasonal dock serving non -motorized watercraft and a cone rack for six vessels. Applicant: Lake Luc Homeowners Association Property South of Lake Lucy Road, on the northwest corner of Lake Lucy. Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2017-04. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff Questions & by email at saljaff0ci.chanhassen.ri us or by phone at 952 - Comments: 227-1134. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. Sign up to receive email and/or text notifications when meeting agendas, w1 ckets, minutes and videos are uploaded to the city's website. Go to .ci.chanhassen.mn.us/noti me to sign u I Jl Review Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews. Conditional and Interim Uaes, Wetland Alt•ratiom, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of me application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request At the Planning Commission meeting, staff will give a verbal overview, of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will does the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Razonings, land use and rode amendments take a simple majority vote of the City Council except rezoning• and land use amendments from residential to wmmerciat industnal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeling. • A neighborhood mokespersaNrepresentetive is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is alae available to review the project with any interested persons) • Because the Planning Commission Ill the public hearing, the City Council does not. Minutes are taken and any conemondenoe regarding the application will be included in the report to the City Council. If you wish to have something to oe included in the report. lease contact the Planning Staff Patch named on the notification. NDFWEiAPC)LIS SUBJECT "m PROPERTY 3 CITY OF CHAWSSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen.mn nd 09 y7 y?610END � N7 � yRt N � Disclaimer 5 ME E 1Y 5 3 This map is neither a legally recorded m--(I 1 �� as one. This map is a compilation of i p,R0 city, county, state and federal offices an FOR -�-C N �iF N 5 EN0 E is to be used for reference purposes Z P'� b K S pR M .` 0 Geographic Information System (GIS) Da. 65 SSI RN the City does not represent that the GIS L an other u se u nn b yAVIES POS; ' jaiTxcr 6owea 02 IF $ 000.460 0003195036 FEB 09 2017 MAILED FROM ZIP CODE 55317 y p rpo req g exac ng meas CHRISTOPHER R ZAETTA in the depiction of geographic features. If _-dse contact 952-227-1107. The preceding disc - ,v Minnesota 1795 LUCY RIDGE CT Statutes §466.03, Subd. 21(2000), and the u ..,hedges that the City CHANHASSEN, MN 55317-7661 shall not be liable for any damages, and ex, ..,ryes all claims, and agrees to defend, indemnify, and hold harmless the City ..um 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. =,Sr3§ 1�1t�e,�li�� I, IIIJ�ILplllllnl'�IIIIII�I�.�IIn�IIIuiI�IILJ�III'll���n Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 21, 2017 at 7:00 P.M. This hearing may not start Location: until later in the evening, depending on the order of thea enda. City Hall Council Chambers, 7700 Market Blvd. Request for a conditional use permit and a wetland alteration permit for the creation of a 5 -acre recreational beach lot for Proposal: the Lake Lucy Ridge Subdivision Residents. The request includes a private seasonal dock serving non -motorized watercraft and a cone rack for six vessels. A licant: Lake Luc Homeowners Association Property South of Lake Lucy Road, on the northwest comer of Lake Lucy, Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2 The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the ro'ect. If you want to see the plans before the meeting, please visit the City's projects web page at: www.cl.chanhassen.mn.us/2017-04. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff Questions & by email at saljaffi.chanhassen.mn us or by phone at 952 - Comments: 227-1134. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meetin . NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.ustnotifyme to sign u l City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonin is, Comprehensive Plan Amendments and Code Amendments require a public hearing before Me Planning Commission. City ordinances require all property within 5D0 bat of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Star prepares a repot on the subject application that includes all pertinent information and a recommendation, These reports are available by request. At the Planning Commission meeting, star will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a pan of the hearing process. The Commission will Gose the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, arum or modify wholly or partly the Planning Commission's recommendation. Rezonings, )and use and rade amendments take a simple majority vote of the City Counral except rezcnings and land use amendments from residential to commercia /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/repretentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available for review the project with any interested person(.). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken an0 any comesponcence regarding the application will be incauded in the report to the City Coundl, r you wish d have something to be mauled m the report, lease contact the Planning Staff pension named on the notification. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOM1VfENDATION Q' Application of Lake Lucy Ridge Homeowners Association for a Conditional Use Permit to create a recreational beachlot — Planning Case 2017-04. On February 21, 2017, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Lake Lucy Homeowners Association for a conditional use permit for the property located at South of Lake Lucy Road, on the northwest corner of Lake Lucy. Outlot B, Lake Lucy Ridge Addition. The Planning Commission conducted a public hearing on the proposed conditional use which was 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 by the Land Use Plan for Parks Open Space. 3. The legal description of the property is Outlot B, Lake Lucy Ridge Addition. 4. Section 20-232: Sec. 20-232. - General issuance standards. The planning commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: (1) Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. (2) Will be consistent with the objectives of the city's comprehensive plan and this chapter. (3) Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. (4) Will not be hazardous or disturbing to existing or planned neighboring uses. (5) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. SCANNED (6) Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. (7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents or trash. (8) Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. (9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. (10) Will be aesthetically compatible with the area. (11) Will not depreciate surrounding property values. (12) Will meet standards prescribed for certain uses as provided in this article. Sec. 20-266. - Recreational beach lots. Intent. Based upon experience, it is recognized by the city that the use of lakeshore by multiple parties may be an intensive use of lakeshore that may present conflicts with neighboring uses of lakeshore or the use of other lakeshore on the same lake or the lake itself. Further, beach lots may generate complaints if they are not maintained to the same standards as single-family lakeshore lots. Therefore, the city requires the following conditions for recreational beach lots, in addition to such other conditions that may be prescribed in the permit: (1) Recreational beach lots shall have at least 200 feet of lake frontage. (2) Except as specifically provided herein, no structure, ice fishing house, camper, trailer, tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored upon any recreational beach lot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides." (3) No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized mini -bikes, all -terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beach lot. (4) No recreational beach lot shall be used for overnight camping. (5) Boat launches are prohibited. (6) No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of more than three motorized or nonmotorized watercraft per dock. If a recreational beach lot is allowed more than one dock; however, the allowed number of boats may be clustered. Up to three sailboat moorings shall also be allowed. Nonmotorized watercraft such as canoes, windsurfers, sailboards and small sailboats may be stored overnight on any recreational beach lot if they are stored on racks specifically designed for that purpose. No more than six watercraft may be stored on a rack. The number of racks shall not exceed the amount of storage necessary to permit one rack slip per lot served by the beach lot; however, in no case shall there be more than four racks per beach lot. Docking of other watercraft or seaplanes is permissible at any time other than overnight. (7) The maximum number of docks on a recreational beach lot is three. No dock shall be permitted on any recreational beach lot unless the beach meets the following conditions: a. Shoreline of at least 200 feet per dock; and b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet for each additional dock. (8) No recreational beach lot dock shall exceed six feet in width, and no such dock shall exceed the greater of 50 feet or the minimum straight-line distance necessary to reach a water depth of four feet. The width (but not the length) of the cross -bar of any "T" or T" shaped dock shall be included in the computation of length described in the preceding sentence. The cross -bar of any such dock shall not measure in excess of 25 feet in length. (9) No dock shall encroach upon any dock set -back zone, provided, however, that the owner of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the common dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. (10) No sail boat mooring shall be permitted on any recreational beach lot unless it has at least 200 feet of lake frontage. No more than one sailboat mooring shall be allowed for every 200 feet of lake frontage. (11) For purposes of this subsection, the following terms shall mean those beach lots which are located either within (urban) or outside (rural) the Year 2000 Metropolitan Urban Service Area boundary as depicted in the comprehensive plan. a. Urban recreational beach lot: At least 80 percent of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within 1,000 feet of the recreational beach lot. b. Rural recreational beach lot: A maximum of 50 dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beach lot. Upon extension of the Metropolitan Urban Service boundary into the rural area, the urban recreational beach lot standards will apply. (12) All recreational beach lots may be used for swimming beach purposes, but only if swimming areas are clearly delineated with marker buoys which conform to the United States Coast Guard standards. (13) All recreational beach lots shall have a buffer sufficient to insulate other property owners from beach lot activities. This buffer may consist of topography, streets, vegetation, distance (width or depth), or other features or combinations of features which provide a buffer. To insure appropriate buffering, the city may impose conditions to insulate beach lot activities including, but not limited to: a. Increased side or front yard setbacks for beach areas, docks, racks or other allowed recreational equipment or activities; b. Hours of use; C. Planting and maintenance of trees and shrubs; d. Erection of fences; e. Standards of maintenance including mowing and trimming; painting and upkeep of racks, docks and other equipment; disposal of trash and debris; f. Increased width, depth or area requirements based upon the intensity of the use proposed or the number of dwellings having rights of access. (14) To the extent feasible, the city may impose such conditions even after approval of the beach lot if the city finds it necessary. (15) Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to watercraft owned by the owner/occupant or renter/occupant of homes which have appurtenant right of access to the recreational beach lot. (16) The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a site plan approved by the city council. (17) Portable chemical toilets may be allowed as a condition of approval of a recreational beach lot. The maintenance and use of chemical toilets on some beach lots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreation beach lots shall be subject to the following: a. The minimum setback from the ordinary high water mark shall be 75 feet. Side and front yard setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake. b. It may only be used Memorial Day to Labor Day and shall be removed from the lot during the rest of the year. C. It shall be securely anchored to the ground to prevent tipping. d. It shall be screened from the lake and residential property with landscaping. e. It shall be serviced at least weekly. f. Only models designed to minimize the potential for spilling may be used. g. Receipt of an annual license from the city's planning department. The license shall be issued unless the conditions of approval of this ordinance have been violated. All license applications shall be accompanied by the following information: 1. Name, address, and phone number of applicants. 2. Site plan showing proposed location of chemical toilets. 3. Name, address, and phone number of chemical toilet supplier. 4. Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone number of person responsible for maintenance. 5. A written description of how the applicant intends to screen the portable chemical toilet from all views into the property, including views from the lake. (18) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. (19) Gazebos may be permitted on recreational beach lots subject to city council approval and the following standards: a. Minimum setback from the ordinary high water mark shall be 75 feet. b. No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located. C. Maximum size of the structure shall not exceed 250 square feet. d. Maximum height shall not exceed 20 feet. e. Gazebos shall make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high-quality design concept for the lot which is compatible with adjacent and neighboring structures. f. Gazebos shall be properly maintained. Structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, removed, or replaced by the homeowners or beach lot association. g. The following improvements are prohibited in gazebos; screening used to completely enclose a wall, water and sewer service, fireplaces, and electricity. 5. The planning report #2017-04 dated February 21, 2017, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit for a recreational beachlot subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 21' day of February, 2017. CHANHASSEN PLANNING COMMISSION