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CAS-09_BLUFF CREEK WOODS-7331 HAZELTINE BOULEVARD 25-0090400 (2)
CI q The contents of this file have been scanned. Do not add anything to it unless it has been scanned. CK CAMPBELL KNUTSON November 5, 2013 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen — Miscellaneous Recording Dear Kim: RECEIVED WV 12 2013 CITY OF CHANHASSEN Enclosed herewith for your files are copies of the following recorded documents: 1. Variance 2013-17, recorded with the County Recorder on September 12, 2013, as Document No. A 583986; 2. Conditional Use Permit #2013-09, recorded with the County Recorder on September 12, 2013, as Document No. A 583989; and 3. Conditional Use Permit #2013-08, recorded with the County Recorder on September 25, 2013, as Document No. A 584652. The original recorded documents listed above were never returned to our office after recording. I checked the County's tract index and found that they had been recorded and printed out the enclosed copies. If you have any questions regarding the above, please give me a call. cjh Enclosure Very truly yours, CAMPBELL KNUTSON Professional Association ByC� Carole J. Hoeft Legal Assistant SCANNED Document No. OFFICE OF THE A 583989 COUNTY RECORDER CARVER COUNTY. MINNESOTA Receipt # certified Recorded on September 12, 20131:33 PM FeeS46.00 Mark Lundgren III I II�I� III County Recorder CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES CONDITIONAL USE PERMIT #2013-09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use pemvt for the following use: Martin Schutrop to develop a three (3) unit single-family residential project known as Bluff Creek Woods within the Bluff Creek Overlay District. 2. Property. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: All lands within the plat of Bluff Creek Woods, Carver County, Minnesota. 3. Conditions. The permit is issued subject to the following conditions: a. No grading is allowed within the first 20 feet of the Primary Corridor boundary. b. All structures must meet a 40- foot structural setback from the Primary Corridor boundary. 4. 'termination of Permit. The City may revoke the pemtit following a public hearing for violation of the terns of this permit. S. 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: August 26, 2013 CITY OF CHANHASS(E�N as A. F ng, Ma By. IbM GerhardfVity Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this A 744 day of 2013, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Ctranhwsen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. (Notary Pu lic #KAREN 5 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen„ MN 55317 (952) 227-1100 RECEIVED OCT u ? 2013 CITY OF CHANHASSEN Document to OFFICE OF THE A 583989 COUNTY RECORDER CARVER COUNTY, MINNESOTA Receipt # Certified Recorded on September 12, 2013 1:33 PM Fee: $46.00 5839111 1111111111111111111 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES CONDITIONAL USE PERMIT #2013-09 Mark Lundgren County Recorder 1. Permit. Subject to the terns and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Martin Schutrop to develop a three (3) unit single-family residential project known as Bluff Creek Woods within the Bluff Creek Overlay District. 2. Property, The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: All lands within the plat of Bluff Creek Woods, Carver County, Minnesota. 3. Conditions. The permit is issued subject to the following conditions: a. No grading is allowed within the first 20 feet of the Primary Corridor boundary. b. All structures must meet a 40- foot structural setback from the Primary Corridor boundary. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lose. 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 terms of this conditional use permit is a criminal misdemeanor. Dated: August 26, 2013 SCANNED CITY OF CHANHASSEN By Thus A. Futllone Lo STATE OF MIIVNESOTA ) (ss COUNTY OF CARVER ) Manager The foregoing instrument was acknowledged before me this -� 7�day of 2013, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Ckanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. No [ary Pu lic I#KAREN J. ENGELHARDT Notary Public -Minnesota MY Commission Expires Jan 31, 2015 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 Affidavit of Publication CIYOF CIIANHASSEN Southwest Newspapers CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.5W AN ORDINANCE AMENDING State of Minnesota CE APTER 20 OF THE CHANHASSEN CITY CODE, )SS. THE CTPY'S ZONING ORDINANCE, �. County of Carver ) THE CITY Section 1. Chapter 20 Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized of the Chanhassen City Code, agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- the City's zoning ordinance, is lager and has full knowledge of the facts herein stated as follows: hereby amended by rezoning from Agricultural Estate District, A-2, to (A) These newspapers have complied with the requirements constituting qualification as a legal Single -Family Residential District, RSE all property within the plat of newspaper, e d� , as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as Bluff Creek Woods, Carver County, Minnesota. Section 2. The zoning map (B) The printed public notice that is attached to this Affidavit and identified as No.� of the City of Chanhassen shall was published on the date or dates and in the newspaper stated in the attached Notice and said not be republished to show the Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of aforesaid zoning, but the Clerk the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both shallapprepriate),ymark thezoning inclusive, and is hereby acknowledged as being the kind and size of type used in the composition map on file in the Clerk's Office and publication of the Notice: for the purpose of indicating the P rezoning hereinabove provided for in this ordinance, and all of the abcdefghijklmnopgrstuvwxyz notations, references, and other information shown thereon are' hereby incorporated by reference and made a part of this ordinance. Y Section 4. This ordinanceshall Laurie A. Hartmann be effective immediately upon its passage and publication. PASSED AND ADOPTED this 26th day of August, 2013, by the City Subscribed and sworn before me on Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor this '� day of1'., 2013 (Published m the Chanhassen villager on Thursday, September 5, 201& No 4855) JYMME JEANNEITE BARK N07ARY BLIC-IANNESOTA N bic IAY0OMMiSS1ONEXP;RES010re 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 SCAAWe • • /�"°1� CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.586 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City s zoning ordinance, is hereby amended by rezoning from Agricultural Estate District, A-2, to Single -Family Residential District, RSF, all property within the plat of Bluff Creek Woods, Carver County, Minnesota. Section 2. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 26`b day of August, 2013, by the City Council of the City of Ch sen, ota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on September 5, 2013) S,',NNED CITY OF CHANHIEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 8/30/13 2013-09 ATTENTION Carole Hoeft RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 8/26/13 13-09 Conditional Use Permit 2013-09 for Bluff Creek Woods THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Martin Schutrop >CANNED If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES CONDITIONAL USE PERMIT #2013-09 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: Martin Schutrop to develop a three (3) unit single-family residential project known as Bluff Creek Woods within the Bluff Creek Overlay District. 2. Property, The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: All lands within the plat of Bluff Creek Woods, Carver County, Minnesota. 3. Conditions. The permit is issued subject to the following conditions: a. No grading is allowed within the first 20 feet of the Primary Corridor boundary. b. All structures must meet a 40- foot structural setback from the Primary Corridor boundary. 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 Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: August 26, 2013 CITY OF CHANHASSEN By: iL krtt- TbQas A. Fu&ng, STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) Manager The foregoing instrument was acknowledged before me this -� 7'Aday of , 2013, by Thomas A. Furlong, 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 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 NotaryPu lic KARENJ,ENGELHARDT Notary Public -Minnesota my CAmmission Expires Jan 31. 2015 2 June 14, 2013 CITY OF Martin CIIA MSEN 4schuroP 00 Lakota Lane Chaska, MN 55318 7700 Market Boulevard PO Box 147 Re: Preliminary Plat for Bluff Creek Woods Chanhassen, MN 55317 Planning Case #2013-09 Dear Mr. Schutrop: Administration Phone: 952.227.1100 Fax:952.227.1110 T 1is letter is to confirm that on June 10 2013 the Chanhassen City Council , > ty approved the Rezoning of the property from Agricultural Estate District (A-2) to Single -Family Building Inspections Residential District (RSF); PreliminaryPlat with Variances for a neck lot and the Phone: 952.227.1180 construction of a private street; and a Conditional Use Permit to allow development Fax: 952.2271190 within the Bluff Creek Overlay District subject to the following conditions and Engineering adoption of the attached Findings of Fact and Recommendation: Phone:952.227.1160 Fax:952.227.1170 1. At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual Finance driveways to each home, an address sign shall also be installed. Submit proposed Phone:952.227.1140 signage to Fire Marshal for approval. Fax: 952.227.1110 Park a Recreation 2. Park fees shall be collected in full for the two new homes at the rate in force upon Phone:952.227.1120 final plat submission and approval. Fax:952.2271110 3. Any use of or work within or affecting MnDOT right-of-way requires a permit. Recreation Center Permit forms are available from MnDOT's utility website at 2310 Coulter Boulevard hgp://www.dot.state.mn.us/utility/. Phone:952.227.1400 Fax: 952.227,1404 4. Outlot A and the preservation easement shall be coincidental with the primary Planning & zone for the Bluff Creek Overlay District and shall be recorded with the final plat. Natural Resources The primary zone shall follow the east property lines of lots 2 and 3 and the Phone:952.227-1130 southeast 55 feet of Lots 1 and 2. The common lot line between Outlot A and Lot Fax:952.2271110 1 shall be shifted 15 feet to the southwest. Public Wants 5. A structure setback of 40 feet is required from the primary zone. No disturbance 79Park Place Phone: 952.227130D shall occur within the first 20 feet of the setback. The proposed grading plans e: Fax: 952.227.1310 shall be amended to show how the lots may be developed. Senior Center 6. The Bluff Creek Overlay District primary zone and the corresponding setback Phone:952.227.1125 shall be shown on all plan sheets. Fax: 952.227.1110 Web site 7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be wwwci.chanhassen.mn.us installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Martin Schutrop • • June 14, 2013 Page 2 8. In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot 1 shall share a common drive with Lot 2 until the existing hammerhead. 9. The applicant shall provide drainage calculations for pre -development and post -development conditions. 10. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 11. SWMP charges shall be paid in the amount of 33 percent of the normal fees due to the protection of land through a combination of preservation easement and the dedication of Outlot A to the City. Total SWMP fees are $19,952.00. The developer shall pay SWMP fees of $6,584.00 at the time of final plat recording. 12. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 14. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 15. The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. 16. Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17. The developer shall work with staff to realign the access to Lot L 18. The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7-ton design. 19. If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. 21. The grading plan must be revised so that the grades do not exceed 3H:1 V. Martin Schutrop • • June 14, 2013 Page 3 22. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24. The sewer and water service connections must be inspected and approved by the City. 25. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26. Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. Final plat documents must be submitted to the City 30 days prior to the City Council meeting in which you wish to have your final plat approved. Conditions of the preliminary plat approval must be addressed for final plat approval. Enclosed is the list of items required for submittal for final plat approval. Should you have any questions, please contact me at (952) 227-1131 or by email at bgenerousna ci.chanhassen.mn.us. Sinc Robert Generous, AICP Senior Planner Enclosure ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator Jerry Mohn, Building Official Perry Ryan, Ryan Engineering gAplan\2013 planning casea12013-09 bluff creek woods\approval letter prelim plat.doc r1 DATE June 12, 2013 FILE NO. 13-09 PROJECT Bluff Creek Woods SWMP FEE WORKSHEET Lot Area Outlot A Assessable area ZONING CLASSIFICATION RSF FEES 3.58 -0.68 2.90 Rate per Acre Acres Total WATER QUALITY $ 2,830.00 2.90 $ 8,207.00 Rate per Acre Acres Total WATER QUANTITY $ 4,050.00 2.90 $ 11,745.00 CREDITS ITEM UNIT QUANTITY UNIT TOTAL PRICE PRICE Storm detention pond acre 0 $ 1,415.00 - Skimmer each 0.00 $ 2,500.00 IS $ - SWMP FEE SWMP CREDITS TOTAL SWMP FEE $ 19,952.00 $ - $ 19,952.00 SCANNED Chanhassen City Council — June 10, 2013 f. Deleted. g. Approve Purchase Agreement for Excess Right -of -Way with Center Companies, Sinclair Redevelopment Project, 7910 Dakota Avenue. h. Approve Special Assessment Agreement to Finance SAC Fees, First Steps Daycare. Approve Temporary On -Sale Liquor License, July 2, 2013, Chanhassen Rotary Club. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. None. BLUFF CREEK WOODS: REOUEST TO REZONE 3.57 ACRES OF LAND FROM AGRICULTURAL ESTATE DISTRICT (A-2) TO SINGLE FAMILY RESIDENTIAL DISTRICT (RSF): SUBDIVISION WITH VARIANCES FOR THE CONSTRUCTION OF A PRIVATE STREET AND USE OF A NECK LOT: AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT: 7331 HAZELTINE BOULEVARD. APPLICANT: MARTIN SCHUTROP. Kate Aanenson: Thank you Mayor, members of the City Council. This application is located on 7331 Hazeltine Boulevard which is also known as 41. Across from Camp Tanadoona and kind of the entrance there to Westwood Church. The request involves a couple of actions. The first is to rezone the property from Agricultural Estate to Single Family Residential. There's a subdivision with variances for a neck lot and the construction of a private street. Also for a conditional use to allow development within the Bluff Creek Overlay District. So the applicant is proposing to develop 3 residential lots as shown here. Again the reason why it would need to have the variances for the private drive is that the only way to really access this property is to come off of the existing driveway there. It's very steep coming off of 41 and the turn movements. The State wouldn't allow those extra driveways. The City ordinance allows only 4 driveways. There's the existing 2 homes. The one home on the property was built in 1966 and then there's an additional home just to the north of the subject site up in this area here so the 2 additional homes would make the 4 homes off the private street. So with the 4 lots, they all exceed minimum lot size would be 15,000. They all exceed that requirement and then there will also be an outlot created which I'll talk about in a minute. So when this item appeared before the Planning Commission on May 21' they did recommend approval 7-0. There was a concern from the neighbor just to the north of the site that has access via this private drive regarding the confusion of the trail and the existing driveways. We tried to show the color differentiation. There is a trail that nins along here and then goes into the Longacres neighborhood so this would be the driveways as they come into the different properties. This would be to Lot 3, Lot 2 and what we're recommending then, this would be the common portion of those. Again those portions that are common have to meet the 7 ton design. This part through here and then the driveway to the existing home. Staff did meet with the neighbor to the north here regarding some of the drainage issues on that property and access and working on posting that to make sure it's clear. The trail access not to be confused with the driveway and when this does have to come back for final plat so there's a few issues that need to be further clarified that were not shown on the original site plan and that would be one thing that we'd make sure gets addressed before it comes back for final plat. And again typically on final plat, if they meet all those conditions that we've identified with the staff report, then we would just put that on consent but I think we've addressed that issue regarding access and drainage. And again with this there is a variance required. Because of the steep grades there, really the best way to access this and the turn movements and the speed on 41 would be coming off the existing driveway that's in place right now for the current home and then the home just north of this proposed property. So we believe that it's not going to be detrimental. We're controlling the access point there and due to the SCANNED Chanhassen City Council — J• 10, 2013 0 constraints there's no other way to subdivide this property. It meets the ordinance. It does allow up to 4 with a variance and we believe that it's a reasonable, it's not just inconvenience. It's really the only way to develop and because these aren't the minimum lot sizes, we're not trying to force anything in there that we believe that the variance is warranted. So the Bluff Creek Overlay District runs over the entire property. Again when we looked at the Overlay District, what the ordinance says is that you go out and field verify the location of that. Again with the subdivision you have to treat your storm water so the thinking of that was after walking the site is that Outlot A would be preserved for the, in lieu of the stormwater pond, providing that additional extraction, that area to control the storm water. In addition that Outlot A has a knoll on it too so there's two kind of knolls on the property at 970. The wetland itself is at 960 so that does provide for some nice noise, light attenuation as people are driving on 41 for some of that, kind of that sound barrier. Then in addition this is kind of that orange would be primary zone. New line there would be that orange so Outlot A would be in lieu of paying stormwater fees. , Preservation of that and then the primary zone, follow the orange and what we're showing here on the green is the setback from that. So these houses, these lots are plenty deep. The buildable area is shown on here. It just needs to be pushed out a little bit from that. Both of these and there's plenty of room on those lots to accommodate that. Soon the grading and drainage again I just explained kind of the higher knolls. This would be the area that would be served. Again it's a heavily wooded site. Existing home here and then the grades on this. This is all going to be custom grades. Again between now and final plat want a little bit more identification of some of the grading on those lots but believe that can all be accommodated and meet the city ordinances. There is utilities. This project did get utilities when we did the BC7, BC8 project which accommodated going all the way out to Pulte Homes and then out to Westwood Church which provided the sewer and water for this area. The applicant did do a tree inventory and removal plan and buffer yard plantings are required so that's all being accommodated and it does meet city ordinance as the project is proposed. There is a trail, as I indicated, that goes along the front of this property that also goes through Longacres and now that we'll make that new connection it will actually be able to go through the Longacres neighborhood and then come back out onto, to get over to the regional park in that area so we're not requiring any additional dedication at this time but rather the park and trail fees for the two new lots. So with that we're recommending that you approve the plat with the rezoning with variances and the conditional use for the alternation into the Bluff Creek Overlay District and approval of the Findings of Fact. And I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Any questions for staff? Councilman McDonald: I've got a question. Mayor Furlong: Mr. McDonald. Councilman McDonald: Could you go back to the, I guess it's the orange and green. Can you explain, okay especially within the third lot down there. If I put a house down there, what's the significance of the green and the orange? What does that mean as far as the home? Kate Aanenson: This is the primary zone and we're just saying that this is a buffer to that primary zone so this house pad, there's plenty of area there. It just needs to push forward so it's outside of that. That building envelope, same as this would have to go kind of to the south. Just move out of that primary zone. Councilman McDonald: Okay, and as I understand it they couldn't build anything within the primary, or within the setback, the buffer area or the primary zone, is that right? Kate Aanenson: (Yes). Chanhassen City Council — J•10, 2013 • Councilman McDonald: Like patios and those kind of things would have to be outside. Kate Aanenson: A permit, something that would need a building permit, correct. Addition to the house. A screen porch, something that would require a building permit we would not permit. That's something that would need a permit. Councilman McDonald: Okay, and with those zones and the chart you have within the packet, does that give us the buildable area that's available, even with, you know the buildable area with the setbacks and everything included or? Kate Aanenson: No. Councilman McDonald: What's in that number? Kate Aanenson: That would be the gross, but they're still in excess of 29,000 to 40,000 so there's plenty of room on all those lots. Councilman McDonald: Okay, so Lot 1 I've got 43,000 square feet but that's gross. That doesn't take into account the green. Kate Aanenson: Lot 1 would be just about 30,000 taking that out. Councilman McDonald: Okay. Kate Aanenson: Lot 2 would be about 40,000. Councilman McDonald: Okay, Kate Aanenson: And Lot 3 would be 56,000 taking that out so they're still well in excess of the minimums. Councilman McDonald: Okay. Kate Aanenson: Excuse me, Lot 3. I'm sorry, Lot 3 would actually be, I was giving you Outlot A. Would also be just about 29,000. I'm sorry, Lot 3. Councilman McDonald: Okay. Kate Aanenson: Again the minimum is 15,000. Again looking at this based on the topography, that's kind of some of the challenge there too. With these lots sizes, because you can only get 3 homes, kind of that's the best way for the utility to try to make them lay out and working with the grades and so there is room on there to alter the, to move these outside of that area so just abutting it or to the like. Councilman McDonald: And then where is Bluff Creek in relation? Is it to the south or to the east of the orange itself? Kate Aanenson: It's to the south and behind it. Let's see if I can, I have a map here. This is the Overlay District but maybe it might be better if I got a map up here that would show it within. So if you look on this is the, this is all in the Overlay District. All of this property's in the Overlay District in here and I can show that to you in a couple different ways on this map. This is another map of the Overlay District. This is the subject site so if you go all the way down, if you look at the apartment, this would also include Chanhassen City Council - t 10, 2013 • that property that the apartments was pretty consistent with that. Then I think you can also see it on the park and trail plan. Some of that stuff that's been preserved so this is the subject site in yellow. Sorry, I'll go back to the subject site in yellow. So that's part of that creek over shot. It's not just the creek. It's the flood way also too and that's, there's a significant wetland immediately abutting this property. So we talk about that when you look at that elevation and the noise attenuation, that's why it's important to kind of save that knoll and those heavily wooded trees. I think that will provide a nice buffer for those homes. Those new homes that are going in there. Councilman McDonald: Okay. That's the only big question I had. Mayor Furlong: Okay, thank you. Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Kate, can you go back to, there was a slide that had proposed, developer's proposal and then staff recommendations. Right about there. Has the developer agreed with the staff recommendations specifically on that driveway? Kate Aanenson: Yeah, yeah. Yeah, I think the issue there too was, you know we've had that concern that we have enough back up area. We don't overlap because that does count towards our hard cover so. Councilman Laufenburger: Yep, okay. Kate Aanenson: But we still provide a back up so the last person doesn't have the back up. Councilman Laufenburger: So on this particular slide with the staff recommendation shows in looks like to be like a turquoise is, that will be the connector to whatever driveway is used to go to the house in Lot 1, is that correct? Kate Aanenson: That's correct. So wherever they, again it will be custom graded so that will be kind of that touch down point and that would be the 7, where it's common would be the 7 ton design. After that it would just be a single purpose driveway to wherever that house lands, correct. Councilman Laufenburger: Alright, thank you. That was my only question Mr. Mayor. Mayor Furlong: Thank you. Any other questions? Councilwoman Tjomhom. Councilwoman Tjomhom: Yeah. There's a lot of stuff going on on Highway 41 right now in that area. Do you perceive any problems with even more construction? Kate Aanenson: Well that was, I think because sewer and water's available there and because they're going to be custom graded, I think we can work through those issues as far as access management of that. I think that was the one concern the neighbor to the north had so we said we'd also work with them in using better signage and the like during the construction and making sure we're managing that. That would include mud onto the streets and the trails and that sort of thing too. Was that your question? Councilwoman Tjomhom: Yeah. Mayor Furlong: Ms. Aanenson, following up on Mr. McDonald's questions about use and such like that. Within the, as is proposed here, within the green and the orange shaded area, what type of uses would be allowable? Chanhassen City Council - A 10, 2013 • Kate Aanenson: In the primary zone there's no permitted use within that but in the green area, if it doesn't require a building permit, as long as your principle structure is set outside of that, then that's just a setback from the primary so just for the principle structure or anything again requiring a building permit. So if it was a large gazebo or something like that. There are some things that would not require a building permit that someone could use it for as part of their yard space and the like. Mayor Furlong: Thank you. Councilman McDonald: Can you give us an example of what that would be? Kate Aanenson: Swing set. Those sort of things. A dog run. Those sort of things. Mayor Furlong: But a gazebo would not be allowed? Kate Aanenson: If it's over 100 square feet, those usually require a building permit. So if somebody did a smaller fire pit or something like that. Typically it just depends on the size that would require a permit. Mayor Furlong: And what's the measurement or the distance on Lot 1 there? From the southerly property line to the north end of the primary zone. What's that distance? The orange segment from the, yeah. Right in there. Kate Aanenson: I believe it's 70 feet. Mayor Furlong: 70? Kate Aanenson: (Yes). Mayor Furlong: Okay. And then the green is another 40? Kate Aanenson: I believe so. Mayor Furlong: So about 110 then from the property line Kate Aanenson: Well the 70's a no, would only be the demarcation of the 40 would then be that kind of the buffer that you're trying to not to put a principle structure in. Mayor Furlong: Or even 40 feet next to that. Kate Aanenson: Yeah, for the principle, correct. So you have a back yard, correct. Mayor Furlong: Okay. Alright, thank you. Any other questions for staff at this time? Is the applicant here this evening? Is there anything you'd like to address the council on? Okay. Any questions for the applicant? Councilman McDonald: Yeah, if the applicant wouldn't mind coming forward, I have a couple questions. This Lot 3, what kind of home do you intend to build on there? How many square feet and, because when I look at this you don't have a lot of room there. Marty Schutrop: Actually the building pad is I would say, I'm not sure what we drew those at but they're I would say at least what, 2,400 square foot building pads. Chanhassen City Council — June 10, 2013 • Kate Aanenson: Yeah, they're pretty substantial I would say. Equivalent to what we have in Longacres or bigger, yeah. Marty Schutrop: But right now there is no plans for the house plans for the building. I mean whatever I do do has to be, has to stay within that little postage stamp area that they've given us which. Kate Aanenson: It's this area here. Marty Schutrop: Yeah, I mean we can fit it in there. You know we weren't, I mean the green part was thrown on us. You know we didn't, I wasn't aware of that part and that was one of the staff proposals I think that we saw after the Planning Commission meeting so. Councilman McDonald: Well I guess I'm really concerned about Lot 1 because I just don't see a lot of room down there. And what I'm looking for is, what's the homeowner going to end up doing. I mean you can probably put a pad on there and you can put a house on there but then what can a homeowner add? Marty Schutrop: They can have a yard. It's mostly trees there so the trees are just going to stay and very minimal yard area in the back. Councilman McDonald: So you wouldn't be looking at building a deck or doing anything as far as landscaping? Marty Schutrop: Well there'd be a deck but we'd pull the whole thing to the south and to the west. The whole house pad. Kate Aanenson: Can I ask a question because I'm not sure. Mayor Furlong: Sony, are you looking at 3 or, Lot 3 or Lot I? Kate Aanenson: Yeah. Marty Schutrop: One. Kate Aanenson: Well that lot is again, that lot with outside of that on Lot 3 was 30,000 square feet so if, even at this if you wanted to put a deck, I mean the lot's 30,000 square feet. That's double the size of a typical lot, which would be, you could put a 5,000 square foot home on there. We're just saying if you pull it forward, there's a significant amount of trees. The further back you go the more you cut down trees also to put the driveway in so that's what we're saying. We want to look at those. They're custom graded. What works best for whatever your buyer wants, which you don't know. Whether they want a ramble or a big two story so we'll look at that on a case by case basis but we're just saying that we think if we can pull these out, and this same map went to the Planning Commission so I just want to be clear on that. Marty Schutrop: Yeah well and yeah, I didn't see it until then. Kate Aanenson: Okay, yeah. Marty Schutrop: The green part. Kate Aanenson: Okay. So all we're saying is just pull these forward. The lots are 20, almost 30,000 square feet so we're just recommending that we pull it forward to give the buyer some flexibility and Chanhassen City Council — J•10, 2013 • again we're going to look at it on a case by case basis. No one's saying that's where the house will go. The buyer may not want it there. They're going to be custom graded. Councilman McDonald: Well I guess what I'm looking at is, you know we had the problem in Pinehurst. They built lots this way that we put restrictions on and suddenly you can't be building decks. You couldn't put boulder walls in the back. You couldn't do landscaping and we went through a lot of trouble and the buyer was under the impression they could. It's up to the builder to tell them they can't but then again when people are building houses they sometimes don't hear all that and they don't understand about what these restrictions are upon them and then suddenly they come back to the City and they're all upset. What I'm asking is, you know is this reasonable for you to be able to put a house on there and then someone be able to move in and they're going to do what most people in this city do. They add decks. They add patios. They add stuff in the back that again will start to encroach in this area and we've got to tell them you can't build there. Marty Schutrop: That's why there's rules when you submit a building pernut so. Councilman McDonald: That's fine when you submit a building permit but most homeowners don't and that's a reality that we have to deal with. Marty Schutrop: Well that's, I wouldn't, I'm a contractor so I guess I wouldn't know that so. Anything I would build has to have a building permit so. Councilman McDonald: Right, but what I'm looking at is the eventual homeowner and what kind of a problem are we creating for ourselves in the future. Marty Schutrop: Well if it was my preference I would get rid of the green zone because I, I mean there's so much buffer zone. There's so much protected. I mean OOutlot A is almost you know three quarters of an acre that we're donating to the City. Kate Aanenson: Well let's clarify that. You're not having to pay stormwater fees in lieu of that donation. Marty Schutrop: Right. Yeah but I'm just saying is that when you look at the acreage of this site and when you look at, there's only two additional lots on it. That's a very minimal use of that acreage so it's very, it doesn't impact the site dramatically. And the amount of trees that we're going to be taking out on Lot 1 is minimal and then Lot 3 they'll just be, you know just enough to take the, you know to put the house in there and that's just the way, because it's a wooded site so. But as far as keeping somebody, there's no rule you can do to keep somebody from building or doing something that they want to do. I mean you can't. Councilman McDonald: Well yeah, there's no way you can stop them from doing it but then we go tell them, you've got to tear it down. That's not the position I think the City ought to. Marty Schutrop: Well then maybe we shouldn't let them build at all. I mean that's kind of where you get and I've lived in this city for a long time and I know that people do what they want to do you know but you can't, I mean you can make all the laws you want but people are still going to break them so. Councilman McDonald: Well again what I'm trying to get at is, what would be a reasonable thing to do for this particular lot because I just don't believe you've got enough there to put a house on there and then be able to have something for a homeowner to do something with their property with. That's all I'm trying to get at. Chanhassen City CounciA 10, 2013 • Marty Schutrop: Well if you pull those pads forward you still have plenty of room within those pads to do a house and a deck. Councilman McDonald: Okay, and how far forward are you talking about going? All the way up to where the driveway's at so you would shift the house toward the front where 41's at? Marty Schutrop: Yeah, well that's what the City is, they're proposing is that we have to pull those. Kate Aanenson: Just forward slightly. Marty Schutrop: Forward a little bit yeah. Kate Aanenson: Again the lots are 30,000 square feet so I mean these are pretty large ones. Councilman McDonald: Well yeah it's a lot of lot but it's the shape of the lot. That's what I'm getting at. It's long and narrow. You're hemmed in on the sides as to what you can do. Kate Aanenson: I think part of the problem is we're being, we're reviewing this when we don't have a plan in front of us. Marty Schutrop: Right. Kate Aanenson: So what we're saying is that we want to create a buffer. So if you take the green buffer away and say stay out of the orange one, now you're stuck with the same problem. Is someone going to stay out of the orange buffer so the goal is to say, let's pull the house forward slightly and then give them enough room to operate. To provide them flexibility on the lot. Again we don't know. That's going to be the orientation of the house. They've kind of looked at a base where they think the garage should go based on some of the grading, which we looked at too. Kind of what would be a typical but again these are, you know besides Wynsong some of the largest lots we've done in the city for quite a while so there's a lot of flexibility. Councilman McDonald: Maybe that's the question. Why is the orange so large? I mean you explained where Bluff Creek is at and everything and that's a large area that's been taken out for the overlay there. Why is that? Why don't we push the whole line back towards the back of the property line? Kate Aanenson: Well because the whole area was in the Overlay District. We walked it and defined where it should be based on existing topography. Again this has the knoll that provides some noise attenuation. Some buffering so. Marty Schutrop: Yeah and my preference was to actually, when we originally looked at this property was to add another lot too but because of the knolls and the trees and the stormwater and all that stuff, we ended up just going with just two additional lots instead of three. Kate Aanenson: Right, let's be clear on that too. The city ordinance only allows 4 homes off of a private drive so there was already one so you could only have 2 more. Marty Schutrop: Right, so I mean yeah. I mean. Mayor Furlong: And this is a shared drive with the property to the north, correct? Kate Aanenson: That's correct so that's your fourth, correct. Chanhassen City Council — J•10, 2013 • Marty Schutrop: Well we could have made, instead of doing Outlet A we originally were just going to make Lot 1 bigger but I'm not sure where that orange line would be and again as a, somebody's that's trying to develop it we're kind of, you know we're trying to work with the City and we're trying to meet all these rules to at least get one more lot there so. Mayor Furlong: Mr. Laufenburger, did you have a question? Councilman Laufenburger: Kate, can you give a pretty close dimensions. I'm looking at Lot 1 and what is the, what is the distance from the edge of the green to what must be a setback from the property line adjacent to the property two? What's the width of that buildable? The white space is buildable right? Kate Aanenson: Correct. Councilman Laufenburger: Yeah, yeah. So what's the width there? I've got to believe that's got to be maybe 70 or 80 feet. Can you tell? Kate Aanenson: On Lot 1? Councilman Laufenburger. On Lot 1, yeah. Kate Aanenson: Well it's 120 across the front so minus the 40. 80. Councilman Laufenburger: So 80 and what's the setback from the property line, 10? So that's 70 feet so if you built a 70 by 70, that's 4,900 square feet. You're going to build smaller than that aren't you? For a foot print. Marty Schutrop: Well I don't know. I mean yeah, of course more than likely it's going to be a lot smaller than that but that's what I'm saying, it's kind of deceptive when you look at that. You look at well there's just this little spot but it's the pad. I think our pads are drawn at, aren't they drawn at like 50 by 50? Councilman Laufenburger: It's looks like that's drawn about 60 by 40. Kate Aanenson: Yeah. TTtat's. Marty Schutrop: Our lot pads are 50 by 50, yeah. Mayor Furlong: And I think there's that buildable area in the white area. What I'm hearing from Mr. McDonald too is the homeowner's use of the property after it's built. Councilman Laufenburger. Yep. Mayor Furlong: And from structure standpoint as well as just other uses. Marty Schutrop: Well and the homeowner is allowed to use that property and mow it and put you know lawn furniture in the green zone. Councilman Laufenburger: Mow it? Mow it? Marty Schutrop: Well yeah they have to mow it. 10 Chanhassen City Council - t 10, 2013 • Councilman Laufenburger: Flowers and stuff like that in it? Marty Schutrop: Well and there's nothing restricting that so, it's just basically saying you can't put a structure in that area. That's all it's saying. Councilman Laufenburger: A structure that requires a permit Marty Schutrop: Right. Put a garden shed in that area if it's just for like a storage shed for a lawnmower. That doesn't impact it but what the City is saying, you can't build a, you know a garage back there or something that requires a permit so. Councilman Laufenburger: Can you just, you didn't identify yourself right at the beginning. Maybe that would be worthwhile. Marty Schutrop: Right, Marty Schutrop. I'm the Councilman Laufenburger: Thank you. Marty. Mayor Furlong: Thank you. I'm sorry. Councilman Laufenburger. If this development goes forward, is it your intent to comply with the City guide lines and the City rules and ordinances? Marty Schutrop: Well obviously, yes. As a building contractor if I don't I'm in trouble so. Councilman Laufenburger: Just wanted to clarify that. Marty Schutrop: No, and I've worked with the City for many, many years and I'm in good standing with them. You know I would prefer not to have the green zone either and be less restrictive but from what I understand there's really no negotiation on that green zone with the City, as I understand it so. Councilman McDonald: Well and again the thing I'm looking at, if we're looking at trying to set that house back to attenuate for noise and everything from 41, we just took a lot of space away from you and we just pushed it up towards 41. And I guess all I'm looking at is, again someone's going to show up here, maybe all 3 of them will show up here and they're going to complain about the restrictions that's placed on their lots and they're going to be upset that all they get to do is mow it and then pay taxes for the rest of it. You should have use of your property and we've done that on all other locations. I'm just trying to understand why this one is different and why we're restricting it. I mean that's a lot of property that we're taking away and you're telling me it's okay with you. Marty Schutrop: It isn't okay with me but you know when you're in a position where you want to get, just get it through, I mean you could fight for 6 months to a year to get something like this taken out and that, all that time costs us time and money to try to develop the property so. Councilman McDonald: Well you don't have to fight 6 months to a year. You make your case before us tonight and we can do something about it. If you don't have a case to make then fine, I'm going to go along with the staffs position. Marty Schutrop: Well my, yeah and again my case to make is that I don't want to delay the project any longer than I have to but yes. My intent when we placed them back there was to get them farther away from the existing roads and the farther back you get on those properties the quieter it gets. The one Chanhassen City Council — J•10, 2013 • existing house on Lot 2 is you know, there's a lot of noise in the front of that house because it's you know right up against 41. Councilman McDonald: Right against the road. Marty Schutrop: So my, yeah. I would prefer to put it back but you know whoever buys those properties is going to decide where they want the house and they might want a bigger back yard so they might pull the house forward. Mayor Furlong: And use the house to block the noise for the back yard. I guess the question, Ms. Aanenson with the Wynsong development we were looking at conservation easements there and we ended up changing that to a, I don't recall what we called it. Was it a preservation easement or something like that? I think that's one comment because I think to Mr. McDonald's concern, which I agree with is the homeowner's use subsequent to the building. I think we can deal with setbacks and such like that and you can find a place but it's that use afterwards. I think one thing that maybe we can consider is to take away a conservation easement and put the preservation easement in there which gives the City then, Mr. Gerhardt we've talked about this before. In fact I think we all talked about it with Wynsong. It gives the City the opportunity, if there's a reasonable request for use in those areas, to provide an encroachment agreement and we do that quite a bit and I think even in that case, that preservation easement was taken in lieu again of the stormwater management fees. Clearly I think, well with regard to Outlot A, that's going to be dedicated to the City, correct? Is that correct or is it going to be maintained? Marty Schutrop: Haven't done it yet but that's the intent so. Kate Aanenson: That's the recommendation because it's in lieu of the stormwater fees. Marty Schutrop: No, but we do have the option to pay those stormwater, the fees and not donate it to the City. Kate Aanenson: That's true and then we'd have to kind of review that. Where we would manage those stormwater on the site so then we'd have to kind of go back and revisit the plat. Mayor Furlong: Well but. Kate Aanenson: Can I just make one point of clarification? The staff is recommending altering the conditional use for the Bluff Creek Overlay District because this whole property is in the Overlay District which we agreed was probably not the best way to handle it so what the ordinance says is that we go back and we walk it. So we had all, the stormwater, forester and a planner go walk it to determine where we believe that it should be revised so it has been reduced down to the entire property to get to where we are today. So if we're going to modify then, we'd also have to modify the conditional use if we're going to take the Overlay District off completely. Then we would want to modify that too. Mayor Furlong: Yeah and that's, I guess taking it off completely is one consideration. I'm just thinking that if it stays on there, if the orange area stays, that instead of calling it a conservation easement over that area, we look at a preservation easement which may address some of Mr. McDonald's questions of use. If a resident has a use in those areas, it's something that we could deal with at the City through an encroachment agreement. Kate Aanenson: Just a point of clarification again then I'll ask the City Attorney to speak, because we're calling it the primary zone because we're altering the Bluff Creek Overlay District that was defined as a primary area and secondary zone is how we've identified it on this map so if you're not calling it the 12 Chanhassen City Council —June 10, 2013 • Overlay District and calling it preservation, then we're further modifying the conditional, which is fine. I just want to make sure we're clear on what we're doing. Marty Schutrop: And for me too the, I mean when, if we didn't have the green zone, what I would do with Lot 1 is I would try to turn the house a little bit to pull it a little farther away from the other house so they aren't crammed together you know 3 in a row too so that's, and one of the reasons we made Lot 1 120 feet was so that we can get a little more distance from the other house. The existing house on Lot 2. But with this it's going to be pretty much up to the setbacks to be able to fit a house on there so. Mayor Furlong: Is it your intention at this point to keep house 2 as it is? Keep the existing house. Marty Schutrop: That's, yeah. That's already, that's not going to change so. Mayor Furlong: I guess Ms. Aanenson, to answer your question, and maybe this is something for clarification for me and the rest of the council. If the orange area remains the primary zone, as I understood the staff report there was going to be a conservation easement over the primary zone. What I'm asking is when we had a, similar to the other development, instead of a conservation easement over the primary zone, put a preservation easement over the primary zone. Preservation being a city controlled easement as opposed to, as I understood it from Mr. Knutson, conservation easement has statutory and other restrictions that take the control out of the city and. Roger Knutson: That's correct. Mayor Furlong: So, so it's not necessarily, I mean I have concerns any time we start putting easements over private property. I understand sometimes we have to do it. I understand setbacks and while they limit the area that you can build in, what I'm trying to do is, and I agree with Mr. McDonald, from the City and the contractor's standpoint you're trying to, and I think you even used the word negotiate. You're trying to negotiate what's workable. Kate Aanenson: Right Mayor Furlong: And the thing that we want to keep in mind too is, eventually a family's going to move in here and they're going to want to use and enjoy the property and so how do we give them some flexibility on that use and enjoyment that isn't too black and white restrictive. Councilman McDonald: Not too restrictive. Kate Aanenson: Right. Mayor Furlong: A preservation easement providing some reasonable uses is something that, might be a way to look forward to here. If there's not a desire to move the lines, then how do we keep the lines there and provide some more flexibility to the home, the ultimate homeowners and residents that are moving in there? So that's one thought I have. I think you know with regards to Outlot A, whether that's dedicated or not, as this is being proposed, there would be an easement preservation as I'm suggesting, or conservation over that area in any event and so, and that would not be, that would remain as an outlot. It's non -buildable, correct? Kate Aanenson: Correct. An outlot would be not be buildable, correct. Mayor Furlong: So to do anything with that they'd have to come through an entire process. 13 Chanhassen City Council — June 10, 2013 • Kate Aanenson: That's correct. Mayor Furlong: From a use other than just keeping it as it is. And that would require City Council approval, if I'm not mistaken, for an outlot. For any use to an outlot. Kate Aanenson: That's correct. Mayor Furlong: Since there's no plat or anything on that at this point so that ultimately, Mr. Schutrop is always your decision there. So maybe Mr. McDonald, I mean I agree with you. The less orange and green on this map the better I think for the use and so maybe that's one way on the orange area to look at a preservation easement with the idea being that some reasonable uses in that area would be okay. Marty Schutrop: Well in the orange area I totally understand that. That's not an issue. The green area is, like you said, I was surprised to see how much was green because it does restrict what somebody can do to the property and the reality is, is that there's so much orange. I mean I don't know. Again I don't really have the authority to say this or that with it so but I would prefer if the green area wasn't there. You know the only part is I prefer to have the houses back farther just away from the other house. And by pushing them up farther it's just going to get them closer to 41 which is not going to be the best. I think a homeowner's going to complain more about that. Councilman McDonald: Right. Marty Schutrop: Then they are about anything. Just having to go so far forward when they have so much property behind them so. Councilman McDonald: Well I've been on the house on Lot 2 out in the front quite often and it is noisy. Marty Schutrop: It is in the front. The back is really quiet but the front is very noisy and it sits up on the top too so it catches more noise. Councilman McDonald: Right, but if that one is going to remain the way it is, then it is what it is. But that's why I'm asking a question and then if we go to what the mayor is talking about, preservation easement, then does the green go away and the yellow shrink or orange shrink or what happens? Mayor Furlong: I don't know if the green goes away. If the orange is still the primary zone, does our current ordinance require a 40 foot setback from the primary zone? Kate Aanenson: Correct. Mayor Furlong: That's what our current ordinance says. Kate Aanenson: Yes. Mayor Furlong: So we'd have to. Kate Aanenson: Right. But what we're saying is that, it's an area that you know again, as a setback you can't put a permanent, a structure that requires a permit but you can use that property but protect that so. Councilman Laufenburger: Well, Mr. Mayor? Mayor Furlong: Yes, Mr. Laufenburger. 14 Chanhassen City Council — June 10, 2013 Is Councilman Laufenburger: Kate, do I understand this correctly? If the nomenclature that we put on the orange changes from conservation to preservation easement, the green stays. The green setback stays, is that correct? Kate Aanenson: (Yes). Councilman Laufenburger. And you can't build a permitted structure in the green. So what are we accomplishing by changing that from a conservation easement to a preservation easement? Yes, we as a City Council could make a decision to adjust the lines or could we also make a decision to relieve the setback rules? Is that something we could do with the green? Kate Aanenson: I'll let the City Attorney respond to that one. Roger Knutson: If the City Council changed the rules on the primary zone and the setback, if you had a conservation easement it would be, you couldn't implement those changes. Councilman Laufenburger: Because the conservation easement is statute oriented. Roger Knutson: Yes. Councilman Laufenburger: But the preservation easement is council. Roger Knutson: And so you, the council could approve an amendment to that as well. Councilman Laufenburger: And that amendment could include adjusting the lines of the green setback. Roger Knutson: Yes. Councilman Laufenburger: Thank you. Mayor Furlong: Yeah. Councilman Laufenburger: I think that answers my question. Mayor Furlong: There's flexibility and with regard to the location and the lines I guess that's part of what's being discussed here as well. Councilwoman Tjomhom: Mr. Mayor? Mayor Furlong: Yes, Councilwoman Tjomhom. Councilwoman Tjornhom: Is it going to cost the contractor any more money by doing that? Changing that. No? Mayor Furlong: To a preservation? No. I think my thought is, and I think it's similar to what we discussed with the Wynsong development was that, where there was some stands of trees and areas that were being maintained in lieu of payment of stormwater management fees, which is what is being proposed here as well. That it was a preservation rather than conservation so if somebody, if the homeowner wanted to do a small type of use in that area and it still was okay, it was reasonable, then that 15 Chanhassen City Council — J•10, 2013 • was something that the City could grant, which we would not be able to do if it was a conservation easement. As I recall with that development. Kate Aanenson: That's correct and those preservation easements would be developed and ready to, you'd see those with the final plat. Mayor Furlong: Right. Kate Aanenson: When it would come back. Correct. Mayor Furlong: Yeah Councilman McDonald: Then let me ask the developer, if we go and do all that and we do something about the green zone, what does that do for that lot, Lot 1 and also for Lot 3 as far as now housing? Would that change the pad? Marty Schutrop: I don't think it's going to change the size of the house that's put on there. It's just going to maybe change the position of the house is all it's going to change. Councilman McDonald: Okay, and at that point does that give a future homeowner more use of their property if they want it? Marty Schutrop: I think it gives them more flexibility because again you can turn the house maybe a little bit more or orientate it better because you're not stuck with just that narrow strip right there. I think it would actually position the house better if you had a little less green zone on it and a little more, you know just, and I'm not saying encroaching you know. Even if you, it doesn't have to be that much. It just has to be enough, like you said. Right now you're basically 70 feet minus 10 so you're at 60 foot. You have a 60 foot strip that you can build on and when you look at the size of that lot, that's not a very big strip to build on so. Councilman McDonald: Right, Mayor Furlong: I'm sorry, you're saying the white, the width of the white area on Lot I? Marty Schutrop: Yeah, that's because you have a 10 foot setback. Okay, so you have 120 feet minus 40 so that gets down to 80. Councilman Laufenburger: That's 80. Marty Schutrop: Okay, 80 feet minus 10 so that's 70 feet that you've got a variance there. I mean I prefer not to put on a house 10 feet from the lot line either. I would prefer to put it 15 or 20 feet away to give it a little more space between the two homes so. Mayor Furlong: Yeah, how far is the existing home north of that lot line, do you know? Marty Schutrop: Well what we did was we moved part of the reason we put the lot line there is because I wanted to allow the homeowner that bought the existing house to be able to add a third stall so we allowed for that on that property so we allowed for a third stall and still made the setback because that's one of the things people are going to come in and it's a two stall garage. They're going to say well I want to add a third stall garage and if I didn't position it right, they wouldn't be able to do that so in order, 16 Chanhassen City Council - t 10, 2013 • that's why we, so I could. You know at this point I could move the lot back 10 feet again but then I have to replat the whole thing so. Councilman Laufenburger: What's your additional stall, is that about another 20 feet? Is that about right? Marty Schutrop: No, it's like 10 feet. Councilman Laufenburger. Oh, okay. Mayor Furlong: Do you know what the current distance is between the southern lot line of Lot 2 and the existing house? Marty Schutrop: It should be, I think it was. Kate Aanenson: Well it's 10 feet to here so. Probably 30. Marty Schutrop: 25 or 30 feet, yeah. Kate Aanenson: Probably closer yeah, 30. Mayor Furlong: So Mr. McDonald let's, I understand with what you're saying on the green area. Unless we want to move the orange, since our current ordinance says that 40 foot. We'd have to move the orange I think it move the green. Am I, is that not correct or. Todd Gerhardt: Reduce this down to move this, this way. Roger Knutson: You would have to reduce the orange. Mayor Furlong: Because the current ordinance, yep. Roger Knutson: These are established by ordinance so you'd. Marty Schutrop: Well and one of the questions I had was why there was more on the south border versus the east border as far as the orange. The primary zone so and I guess I wasn't really, I mean it's one of those arbitrary things that was put out that I don't really, it's, and I don't know as I haven't worked in this type of a zone before as far as the Bluff Creek Overlay but I don't know how that's determined and I'm sure Kate knows more than I do. Mayor Furlong: Do you want to respond? Kate Aanenson: There's a significant wetland. The high quality wetland immediately to the south on that so I'm assuming that's some of the factor that went into it. This is heavily wooded back behind here but this is the wetland area. If we go back and look at the. Todd Gerhardt: Do you have the air photo. Kate Aanenson: Yeah, we can go back to this. Roger Knutson: And the zones are delineated on the Bluff Creek Water Management Plan so you'd have to change, which is incorporated by reference in your ordinance, so you'd have to start by changing that. 17 Chanhassen City Council —110, 2013 • Kate Aanenson: Yeah. Mayor Furlong: Well I think the current line covers most of the property, or is that the far north end? Kate Aanenson: Right, I guess that's what I'm saying. When we negotiated that's what we started. It seems pretty heavy handed to have the whole thing in there so this was our first thing to say. Well let's see what we can do to make this reasonable and that's when we walked it so you can see this is where the wetland is. Along this portion of it here. A pretty significant wetland here and then this is that high knoll and we looked at where the significant trees were on the property. Trying to build within that envelope that we looked at there so. So that's where that came from. I'm assuming that's it. Again that's using the field walking of the property with, it's not just the water. It's also the quality of trees. Slopes. All those things go into factor defining that line so we started with it being over the entire piece and said let's pull that back and. Mayor Furlong: Okay. Any other questions? Councilman McDonald: Well just so I understand. So if we want to affect the orange, that's really a separate meeting because now you're telling me we have to go into the Bluff Creek Overlay ordinance and change something there, is that right? Mayor Furlong: Well if I'm not mistaken, with this approval we are effectively changing. Roger Knutson: Yes. Kate Aanenson: That's correct. Mayor Furlong: The line for the primary. Kate Aanenson: Correct. Mayor Furlong: Because the current primary line runs along the north edge of the property and actually Kate Aanenson: Covers the whole thing, yeah. Mayor Furlong: A little bit of 3 and then everything south of Lot 1, 2, most of 3 and Outlot A are all within the current delineation of the primary zone. Councilman McDonald: So then we could push it back even further then? If we're already pushing it back, what's to stop from pushing it all the way down to the lines? Mayor Furlong: Yep Councilman McDonald: And I guess, I mean my feeling is that again just knowing how people do things, I think we ought to at least accommodate a future homeowner and allow at least some flexibility and freedom as to placing a house on that lot because 41 is a noisy road and I'm not trying to help the developer but I am looking for a future homeowner. I wouldn't want to live, I wouldn't want to be pushed out toward 41. I wouldn't buy the lot and there's probably a lot of people that would feel the same way. Now granted there's someone for everything and eventually you'll find someone but then they're going to want to add stuff so they can use the back yard and that's going to come into conflict with our ordinances and stuff and we're just going to end up fighting with them. 18 Chanhassen City Council — u e 10, 2013 • Marty Schutrop: Well and we could take Outlot A, we could move that line back maybe 15 feet to the south and then that, and still keep the green zone just to allow, I mean the line, when we set the 120, 120 feet on Lot 1, I wasn't anticipating that they were going to take another 40 feet from that outlot line and so that's kind of, I guess we weren't really aware of that when we were designing it so. Councilman Laufenburger: But isn't it true Marty the, you're releasing Outlot A is in lieu of paying the, is it the surface water fees, is that right? Kate Aanenson: That's correct. Marty Schutrop: Yeah. Councilman Laufenburger: Right, right. So I understand that the placement of the orange line is really the judgment of staff based on the forester, the water and the planner walking it, right? Am I saying that correct? Kate Aanenson: That's correct Marty Schutrop: But see you could still move that line and have the green zone and still nothing's going to be in that area. I mean there's not going to be any buildings down there anyway. It's too low down in that area so. The house is going to be shoved up kind of where it is a little bit anyways. Councilman Laufenburger: But I think we can accomplish what you're suggesting by naming the orange a preservation easement. That would give the council the ability to have flexibility of moving the lines or moving the thickness of the green. Am I saying that correct Mr. Knutson? Mayor Furlong: Putting a preservation easement over the orange. It would still, we're still doing it as a primary zone. Councilman Laufenburger. Right. But it's a primary zone as a preservation easement as opposed to a conservation. Mayor Furlong: Right. Councilman Laufenburger: Because a conservation easement, it's rules are guided by statute whereas a preservation easement is guided by council decision. Mayor Furlong: And maybe that Mr. McDonald provides a flexibility because as Ms. Aanenson said, this is being proposed without a specific plan in place and so maybe you know I'd be comfortable keeping the orange and the green where they are tonight with a preservation easement for the reasons Mr. Laufenburger mentioned, which if there is something specific or something, when we have something specific in front of us to consider, then we could look at that. I think the preservation easement also provides that flexibility if everything goes forward with this, and I think you know to Mr. Laufenburger's point, staff by moving these to where they are has already accommodated the property from the original delineation of the primary zone, and I think appropriately and I'll put it on record, thank you for doing that because to say it's all in the primary zone makes it a little difficult for anything. So I think a lot of what the preservation easement provides is flexibility to the homeowner. To the future homeowner if there's room to work it in there. If something specific comes up that we don't know of now because of a specific plan, then that can be dealt with at the time. If that makes sense. Because I think that would provide future flexibility to the homeowner. It keeps the control of that easement in the control of the 19 Chanhassen City Council — June 10, 2013 • City so if there's a reasonable use that may not fit something else, that's fine but it still respects the work that's already been done here. Councilman McDonald: Well but at that point does that allow the builder then to do what you're talking about as far as moving the pad a little bit further or a little bit deeper into it and turning it sideways and then the homeowner would have a use of that property if it's a permitted use? Councilman Laufenburger: Well it doesn't, Mr. Mayor it wouldn't allow the homeowner or the contractor to do that without first coming to the council. Councilman McDonald: Without coming back to, right. Without coming back to the council. Councilman Laufenburger: Yeah, we would like to be out to the, Marty might come and say we want to be into the setback area 10 feet or 12 feet and then we would then make the decision. Would we allow that? And the answer would be yes or no. Is that how you're interpreting that? Councilman McDonald: Sounds fine to me. Mayor Furlong: Ms. Aanenson, does this? Kate Aanenson: I think that's fine. Again you know most people want a side loaded house. I think more than likely it's going to kind of be at that orientation. MartySchutrop: Well no what I'm saying is that you'd just take the house and maybe pivot it so that it's not facing straight parallel to the lot line. Kate Aanenson: Correct. Marty Schutrop: That you can maybe turn it and make it more of a. Councilman Laufenburger: Not unlike the house in Lot 2 which is turned at a little bit of an angle. Kate Aanenson: Correct, yep. Mayor Furlong: And these will be custom designed homes I assume. Marty Schutrop: Yeah, they're all custom and same with the grading on these lots. They're all custom graded lots. Mayor Furlong: So there's nothing that says the wall of the house has to be straight either. I mean there can be. Marty Schutrop: Yeah well and again, it's homeowners what they'll push the envelope no matter what you give them so. Kate Aanenson: You know I think we understand what the developer's goals and the flexibility and certainly pulling the house forward. If this person puts a garage on, people want the separation. You know it's a little bit different when you have a larger lot that there's an expectation so we understand that. I think that's how we built it. That's where we started from. You know it's all in the Overlay District. Trying to find that match and it appears that we're not quite where some people would like it but I think 20 Chanhassen City Council — fe 10, 2013 • we understand, you know we want to get a good product out here and make it work and I think we can deal with it, work with that. Todd Gerhardt: Mayor, council. Mayor Furlong: Yes. Todd Gerhardt: Staff can sit down with Mr. Schutrop and work out the details. I think we got good direction from council tonight and when we bring back the final plat we'll show you what we come up with and work with Mr. Schutrop and getting these are custom lots and fitting them in. We may move you know, as Marty brought up, Outlot A to the south or maybe reducing the preservation easement a little bit but kind of move them around to see what works best. Marty Schutrop: Yeah well and actually on Lot 3 the bigger issue is that if we didn't have the primary zone on that lot at all, which I mean the City owns all those wooded acres to the east. That would give that lot a lot more flexibility too because that's all heavily wooded and a very kind of a steep side bank on that and it would be better actually if I had a little more room to position that house in for grading and drainage too so that would be, when I look at that, that's probably the, a better option on that lot too so. And like I said, the wetland is so far away from there it really doesn't impact it at all. Councilman McDonald: Right. Mayor Furlong: Okay. The request tonight is for preliminary approval, is that correct Ms. Aanenson? Kate Aanenson: That's correct. Mayor Furlong: Okay. If, with regard to what's been discussed here. I know there's some conditions in the, there's some statements in the conditions that talk about conservation easement versus preservation easement. There's signage being requested and such like that so, is that something that we need to delineate those changes tonight or? Kate Aanenson: My understanding anywhere it says conservation that you want that changed to preservation. Mayor Furlong: I think that's what we talked about. Kate Aanenson: Correct. Correct. And then as the City Manager stated we'll look at those. Revisit those definitions of where they're aligned. Mayor Furlong: And then 7 talks about some signage on the property as well. Kate Aanenson: We'll revisit that too. Mayor Furlong: Okay. Okay. So and I think 11 talks about, well this is probably. It deals with the conservation easement again and so that will be dealt with under. Kate Aanenson: Yeah. Mayor Furlong: What some uses will be for the homeowner. Okay. Alright, thank you Marty Schutrop: Thank you. 21 Chanhassen City Council — J•10, 2013 • Mayor Furlong: Our questions and comments kind of merged together there but I think we're moving towards a conclusion which is ultimately our objective here so other thoughts or comments on the proposal. Overall I'd like to thank Mr. Schutrop and staff for working together and trying to come up with something that's workable for everybody here and I think I know the Planning Commission spent some time on this as well and got into a lot of the details about the tree coverage and drainage areas and things so I appreciate their efforts but if there's other discussion or comments, that's great. Otherwise maybe we could go forward. Mr. McDonald would you like to work on a motion? Or did you have some questions? Councilman McDonald: Well no I was just going to say, yeah you were thanking everybody for working together and I do want to you know thank staff for again, you're right. You could have just said the whole thing's in the Bluff Creek Overlay and that would have been the end of it but yeah, I just. And the only reason I bring it up is because again I do want to look at someone who's going to live there, I would like to give as much flexibility to the homeowner as possible and I know that makes your job easier if you've got flexibility so that's the only reason I really bring it up and is to just look at that particular area within those lots. I mean that's what I was trying to get at was again the buildability as it was being portrayed with those lots just seemed out of whack and that's what I wanted to look at so, I want to thank everybody for working together. Mayor Furlong: Thank you. Councilman McDonald: And then as far as putting a motion together, can I get with the City Attorney? Mayor Furlong: We've got a proposal in front of us. Maybe we can start with that and then make sure that the comments are incorporated or however. Councilman McDonald: Well I guess as I understand it we're going to change within the findings anything that talks about conservative. Councilman Laufenburger. Conservation. Councilman McDonald: Conservation to preservation so we're going to change those wordings around. Mayor Furlong: In the conditions as well. Councilman McDonald: In the conditions as well. And then what was the one about the signage? Councilman Laufenburger: Point number 7. Mayor Furlong: Point number 7. Councilman McDonald: Point number 7 would be relooked at? Mayor Furlong: Yeah. And the question there is just signage on the property as opposed to the property line perhaps. Councilman McDonald: And then there's really nothing else is there with beyond that? Mayor Furlong: I think that will, is that, will that cover what we've talked about here? 22 Chanhassen City Council —June 10, 2013 • Roger Knutson: And then you move the items. Mayor Furlong: Yep. So if you want to make that motion. Councilman McDonald: I'll give it a shot here. Okay, City Council approves the rezoning, preliminary plat with variances and conditional use subject to conditions in the staff report with the changes to the use of the wording for conservation easement to preservation easement and also to look at point 7 which talks about signage and to relook at that and address that based upon conversations between staff and the developer. And also within the Findings of Fact to adjust those to what I just talked about with the two different easements. Is that close enough? Mayor Furlong: Incorporating our comments. Thank you. Councilman McDonald: And incorporating our comments from today. Mayor Furlong: Direction, yep. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Any discussion on this? Mr. Laufenburger. Councilman Laufenburger: I think it's valuable for us to pay attention, as Mr. McDonald has to the, not just the decision that's made today but also the decisions to be made by the contractor, the builder and the homeowner and I just commend Councilman McDonald for making sure that we pay attention to that. Mayor Furlong: Thank you. Any other discussion? Hearing none let's proceed with the vote. Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council approve the rezoning of property from Agricultural Estate District (A-2) to Single Family Residential District (RSF); Preliminary Plat with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District, subject to adoption of the amended Findings of Fact which changes references to conservation easement to preservation easement and the following conditions: 1. At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2. Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. 3. Any use of or work within or affecting WDOT right-of-way requires a permit. Permit forms are available from MnDOT's utility website at httn://www.dot.state.mn.us/utility/. 4. Outlot A and the preservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall extend to a point 18 feet from the northeast corner of Lot 3. 23 rg Aig Chanbassen City Council — J•10, 2013 • 5. A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. The proposed grading plans shall be amended to show how the lots may be developed. 6. The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. 7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. This item will be revisited by staff regarding the location of signage. 8. In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot I shall share a common drive with Lot 2 until the existing hammerhead. 9. The applicant shall provide drainage calculations for pre -development and post -development conditions. 10. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 11. SWMP charges shall be reviewed in lieu of in -perpetuity protection of land through a combination of preservation easement and the dedication of Outlot A to the City. 12. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 14. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 15. The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. 16. Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17. The developer shall work with staff to realign the access to Lot 1. 18. The developer must provide proof that the common portion of the driveway to Lots I and 2 meets a 7-ton design. 24 Chanhassen City Council — # 10, 2013 • 19. If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. 21. The grading plan must be revised so that the grades do not exceed 3H:IV. 22. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24. The sewer and water service connections must be inspected and approved by the City. 25. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26. Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. All voted in favor and the motion carried unanimously with a vote of 4 to 0. REQUEST FOR A VARIANCE FROM SECTION 20-904(A)(1) OF CHANHASSEN CITY CODE TO CONSTRUCT AN ACCESSORY STRUCTURE IN EXCESS OF 1,000 SO. FT. ON Kate Aanenson: Thank you Mayor, members of the City Council. This item also appeared before the Planning Commission on May 21 '. It did not receive the affirmative vote of three -fourths. It was a 5 to 2 vote so therefore it automatically goes to you for a recommendation. As you stated it's 760 West 90h Street. The property had received in the past a conditional use for riding stable so there's a riding stable on a portion of the property and then a contractor's business is run out of here and then also some of the hay is stored in the other building on the site. This is on the end of a, of West 9e Street. The request again is for a variance to construct a 7,120 square foot accessory structure for storage of hay and agricultural equipment. There currently exists on the property a 10,240 square foot accessory building and an additional 9,960 square foot accessory structure for the total of 20,912. So on May 1 Om, as I stated earlier, in 2004 the City approved an interim use to allow for the riding academy and annually renewable stable permit for continued use of the riding stable so and, then also there is a Chuck's Excavating in one of the other businesses, the other structure on the site. So oops, going the wrong way. So this is the proposed, this is where some of the contractor's yard, the riding stable so we had given, the council did give approval for some accessory structures in this area. One was for property that had collapsed. A building that had collapsed and the applicant wanted to modify that for some runoff. The other one the applicant had proposed a storage unit but hadn't built it on the property. Had kind of graded it and waited 25 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax:952.227.1110 Building Inspections Phone:952.227.1180 Fax: 952,227.1190 Engineering Phone:952.227.1160 Fax:952.2271170 Finance Phone:952.227.1140 Fax:952.227.1110 Park & Recreation Phone:952.227.1120 Fax:952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax:952.227.1110 Public Works 7901 Park Place Phone:952.227.1300 Fax:952.2271310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us is • MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: June 10, 2013 G' v SUBJ: Bluff Creek Woods Planning Case 2013-09 PROPOSED MOTION "The Chanhassen City Council approves the rezoning, preliminary plat with variances and the conditional use permit subject to the conditions of the staff report and adoption of the Findings of Fact." City Council approval requires a majority vote. EXECUTIVE SUMMARY The applicant is requesting to Rezone the property from Agricultural Estate District (A- 2) to Single -Family Residential District (RSF); Subdivision with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on May 21, 2013. The Commission voted 7 — 0 to recommend approval of the development proposal. As part of the Planning Commission discussion, the drainage of the storm water at the new driveway to Lot 3 must be addressed. Planning Commission minutes from May 21, 2013 are item 1 a of the June 10, 2013 City Council packet. RECOMMENDATION Staff recommends approval of the development subject to the conditions of the staff report and adoption of the Findings of Fact. ATTACHMENTS Planning Commission Staff Report Dated May 21, 2013. gApl=\2013 planning cases\2013-09 bluff creek woods\exmu[ive summary.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve the rezoning, preliminary plat with variances and the conditional use permit subject to the conditions of the staff report and adoption of the Findings of Fact and Recommendation. SUMMARY OF REQUEST: The developer is requesting the Rezoning of property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); Subdivision into three lots and one outlot with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District for the development known as Bluff Creek Woods. LOCATION: 7331 Hazeltine Boulevard (PID 25-0090400) APPLICANT: Martin Schutrop 540 Lakota Lane Chaska, MN 55318 (612)840-8251 schutrop(a,att.net PRESENT ZONING: Agricultural Estate District (A-2) 2020 LAND USE PLAN: Residential Low Density ACREAGE: 3.57 acres DENSITY: Gross: 0.84 units per acre; net: 1.09 units per acre LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City has a relatively high level of discretion in approving a rezoning because the City is acting in its legislative or policy -making capacity. A rezoning must be consistent with the City's Comprehensive Plan. The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Subdivision Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. t T Planning Commission • • Bluff Creek Woods — Planning Case 2013-09 May 21, 2013 Page 2 of 12 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 hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting to Rezone the property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); Subdivision with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District. The property currently has one single-family residence on it. The applicant proposes to divide the property into three (3) residential lots and one outlot. The property is currently wooded with mature oaks and provides a nexus for drainage of TH 41 right- of-way and trail to the large wetland complex which is the source for Bluff Creek. APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 18, Section 18-22, Variances Chapter 20, Article II, Division 2, Amendments Chapter 20, Article IV, Conditional Uses Chapter 20, Article VI, Wetland Protection Chapter 20, Article X11, "RSF" Single -Family Residential District Chapter 20, Article XXXI, Bluff Creek Overlay District There is an existing single-family home located on the property. The house was built in 1966. The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low -impact practices. This parcel is partially encumbered by the Bluff Creek primary zone. In 2001, the city undertook utility expansion in the BC-7 and BC-8 sewer subdistricts. This utility improvement brought sanitary sewer and water service from Galpin Boulevard to the west side of Highway 41. The applicant is proposing the rezoning of the property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF). The property is guided for Residential Low Density use. Zoning categories consistent with this designation are Single -Family Residential District (RSF), Mixed Low Density Residential District (R4), Residential Low and Medium Density Residential District (RLM) or Planned Unit Development Residential (PUD-R). The RSF district is the primary Planning Commission • • Bluff Creek Woods —Planning Case 2013-09 May 21, 2013 Page 3 of 12 zoning category used for single-family development. Of the land guided for residential low density uses, 78 percent (3,683 acres of 4,702 acres guided Residential Low Density) is zoned RSF district. The proposed rezoning of the property to RSF is consistent with the City's Comprehensive Plan. SUBDIVISION REVIEW The applicant is proposing a three -lot subdivision with access provided via a private street. Outlot A is part of the Bluff Creek primary zone and will be preserved as permanent open space. A conservation easement shall be recorded over Outlot A as well as over the southeast portion of Lot 1, the southeast and east portion of Lot 2 and the eastern portion of Lot 3, which are all part of the Bluff Creek primary zone. Lot 3 is classified as a flag or neck lot. Staff is recommending approval of the preliminary plat subject to the conditions outlined in the staff report. STREETS AND ACCESS i CURDT A • 11i1 • Er 00 The property is east of State Highway 41. The existing home on the subject property shares an access with the home to the north. The two additional lots proposed would also share this access to Highway 41. The driveway to Lot 3 will extend between the two existing driveways. The developer proposes to utilize a portion of the driveway on Lot 2 to provide access to Lot 1. Staff supports the shared access; however, the common portion is recommended to extend to the existing turnaround on Lot 2 in order to minimize impervious surface, save trees and to provide a better driveway grade to Lot 1. i Developer's proposal Staffs recommendation The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7-ton design. If the existing driveway does not meet this standard the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. Planning Commission • • Bluff Creek Woods — Planning Case 2613-09 May 21, 2013 Page 4 of 12 Private Street While each of the lots front on a public street, Highway 41, individual lot access to the highway is not permitted. A joint access is required for the three lots as well as the property to the north. The common portion of the private street must be constructed to a 20-foot pavement width with a 7-ton design. Private streets serving up to four lots may be permitted in residential developments with a density of less than four units per acre if the criteria in variance Section 18-22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Due to the location of the property adjacent to Highway 41, the proximity of the Bluff Creek Primary zone, the configuration of the property and the desire to preserve as much of the existing trees along Highway 41 as possible, the use of a private street is appropriate. Flag/Neck Lot Flag lots may be permitted in residential districts with a density of less than four units per acre, if the criteria in variance Section 18-22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public/private street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public or a private street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a flag lot will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Due to the location of the property adjacent to Highway 41, the proximity of the Bluff Creek Primary zone, the desire to preserve the southern portion of the site as an oudot, the configuration of the property, the requirement that lot lines be substantially at right angles to the street right-of-way and the preservation of the existing house, the most northerly lot assumes a neck lot configuration. Planning Commission • • Bluff Creek Woods — Planning Case 2013-09 May 21, 2013 Page 5 of 12 VARIANCE The city may grant a Variance from the regulations contained in the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: a. The hardship is not a mere inconvenience; b. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; c. The condition or conditions upon which the request is based are unique and not generally applicable to other property; and d. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and the comprehensive plan. The use of a private street and creation of a neck lot are not mere inconveniences, but due to the constraints of the site, the location of the property adjacent to Highway 41, the proximity of the Bluff Creek Primary zone, the configuration of the property and the requirement that lot lines be substantially at right angles to the street right-of-way. The granting of the variance will not be detrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and the comprehensive plan. BLUFF CREEK OVERLAY DISTRICT sue- t.9es0 ur 3 / A 9 >1 n,\\ / s i Ter J OUTLOT A`- / R In 1996, the City completed the Bluff Creek Watershed Natural Resources Management Plan (BCWNRMP). This plan recognized the unique qualities of this corridor and the opportunities it provided. The intent was to protect a natural corridor from the source to the convergence with the Minnesota River that would allow for wildlife migration, habitat protection, green space preservation, recreational opportunities, educational opportunities, protection of the bluff areas from erosion, and protection of the water quality of Bluff Creek. Site design which is sensitive to the existing natural resources is the primary method for protecting the Bluff Creek corridor. To this end the plan created the Bluff Creek Overlay District through ordinance number 286 in December of 1998 which was codified Article XXXI, Chapter 20. This plan also recognized the right of private property owners. "Property available for development within the existing ...MUSA is not taken through zoning." While the plan felt that "ideally no more people would move into the (primary zone)" it felt that this should be accomplished through tax incentives for land conservation or through the outright acquisition of the property. Planning Commission • • Bluff Creek Woods — Planning Case 2013-09 May 21, 2013 Page 6 of 12 As previously mentioned, this area is heavily wooded with an admixture of tree species with the predominant overstory comprised of mature oaks. There are two drainage swales which convey surface water runoff from the north and west to the large wetland south of the property. The original overlay district included this property in its entirety. Considering the aforementioned balanced approach between corridor preservation and private property rights, a review of aerial photography and several site visits supports the realignment of the original primary and secondary zones from the 1996 BCWNRMP. In an effort to ease financial constraints on a relatively small subdivision, staff feels it is appropriate to accept land dedication in lieu of Storm Water Utility connection charges. This dedication configuration was proposed by the applicant and negotiated with staff. It includes an outlot that would provide a connection from the trail along TH41 to City owned land as well as a conservation easement measuring seventy (70) feet in width along the south and eighteen (18) feet in width along the eastern property boundary. This area will constitute the Bluff Creek Overlay District Primary Zone. Code still requires that structures are setback a minimum of forty (40) feet from the primary zone: secondary zone. The proposed building envelopes and grading plan will need to be changed to reflect this secondary zone. It has been the staffs' experience that, in the absence of some physical demarcation and educational tool, land manipulation gradually encroaches into these protected areas thereby removing the intended benefit. It is always more difficult and expensive for the land owner, as well as the City, to attempt to address these encroachments after the fact. The installation of signage at major angle points and property line intersections is a relatively non -intrusive and inexpensive way to prevent these encroachments. The applicant shall amend the plans to show the location of the signs and install the signs prior to final plat approval. GRADING, DRAINAGE AND EROSION The developer proposes that the lots be custom graded and has submitted a plan showing how the proposed lots can accommodate a home. The grading plan must be revised so that the grades do not exceed 3H:1 V and must include the 972' and 974' contours at the house pads on Lots 3 and 1, respectively. Currently the southern one-third acre of the property drains to the south, ultimately to a storm sewer owned and maintained by the Minnesota Planning Commission • • Bluff Creek Woods — Planning Case 2013-09 May 21, 2013 Page 7 of 12 Department of Transportation (MnDOT). The remainder of the property currently drains to the wetland to the north. This wetland outlets to the west into the MnDOT storm sewer. The proposed drainage patterns are very similar to the existing condition. The developer must obtain a MnDOT drainage permit to ensure that the proposed discharge rates to MnDOT right-of-way will not exceed the existing condition. It appears that some modifications will be required to meet MnDOT's permitting requirements. Drainage and Water Quality In the past, runoff volume and rate control credit has been given for the preservation of natural vegetation in perpetuity. The Minimal Impact Design Standards being prepared under the direction of the MPCA by the Minnesota Stormwater Steering Committee has recognized the volume reduction and rate control benefits of woodland and prairie preservation and restoration. Other agencies such as the Carver County Watershed Management Organization and the Minnehaha Creek Watershed District have also incorporated this practice into their stormwater rules and design standards. Staff is recommending that volume and rate control credit be granted based upon the proposed dedication areas shown in the plan. Even with this credit, per our 2"d Generation Surface Water Management Plan, all development within Chanhassen is still required to meet National Urban Runoff Program recommendations for Total Suspended Solids (TSS) and Total Phosphorous (TP) reduction plus enhanced treatment or the NPDES permit requirements, whichever is stricter. The applicant has not supplied a drainage plan, a hydrologic model or a water quality model. Further, the plans do not show the installation of any water quality best management practices. The Total Maximum Daily Load (TMDL) study has been finished. Based upon this TMDL discharge from this site should be less than 25NTU. The applicant will need to meet the NPDES or NURP+ enhanced water quality standard before final plat approval can be granted. Upon reviewing the site, it appears that the northern apex of the outlet and the western limit of Lot 1 could be well suited to a bioretention/filtration feature. Currently the City has not developed design standards for low -impact development best management practices. The consulting engineer for the applicant will need to use the Minnesota Stormwater Manual for design purposes. This same area currently contains an HDPE or PVC grate with an unknown function or route. This information needs to be included on the survey, considered on the drainage plan and incorporated into any design. Further, it appears that the shared driveway impounds water to the north. Additional water volume will be directed to this area through the development of Lot 1. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. Planning Commission • Bluff Creek Woods — Planning Case 2013-09 May 21, 2013 Page 8 of 12 Wetland Management The subject property is immediately adjacent to a large wetland complex which serves as the source for Bluff Creek. Wetland delineation consistent with the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual was not performed for the site. The approximate location of the wetland boundary was derived from remote sensing data. It appears that this location is sufficiently accurate to determine that proposed lots 1 — 3 are of an adequate distance from the wetland boundary to accommodate the wetland buffer and setback from the buffer. The outlot and the conservation easement will include any wetland buffer which encroaches into the subject property. It must be clearly indicated on all plan sheets that this boundary is an approximation. Surface Water Utility Charges The Surface Water Utility Charges are calculated based upon land use type and land area. Credits may be applied based upon stone water practices being implemented. The following table illustrates the Storm Water Utility Charges associated with the development of this parcel. Area Rate Total Water Quality 3.57 ac $2,830/ac $10,103.10 Water anti1 3.57 ac $4,050/ac $14,458.50 $24,561.60 hi an effort to implement the goals of the Bluff Creek Natural Resources Management Plan and to provide a financial incentive to the developer to protect natural resources and water quality, staff is recommending that the Surface Water Utility Charge be waived in lieu of the dedication of Outlot A and the conservation easement and the installation of appropriate signage. LANDSCAPING AND TREE PRESERVATION The applicant has provided a tree inventory and removal plan for the subdivision. Bufferyard plantings are required for this development along Highway 41. Tree preservation calculations for the development are shown below. Total upland area (excluding wetlands/outlot) 121,766 SF or 2.79 acres Total canopy area (excluding wetlands/outlot) 100,766 SF or 2.3 acres Baseline canopy coverage 82% Minimum canopy coverage allowed 25% or 30,441 SF Proposed tree preservation 53% or 65,400 SF The developer meets minimum canopy coverage allowed. As per city ordinance, a minimum of one tree will be required in each front yard. The applicant is required to provide bufferyards along Highway 41. The minimum plantings required are shown in the table below. Planning Commission • • Bluff Creek Woods — Planning Case 2013-09 May 21, 2013 Page 9 of 12 Required Proposed West property line - Hwy 2 overstory trees Existing trees and 41, bufferyard B, 280' 5 understory trees vegetation 5 shrubs MISCELLANEOUS Since multiple homes are sharing a common driveway entrance, Fire Department policy # FP 29- 1991 must be followed. At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. Also, at the start of the individual driveways to each home, an additional address sign shall also be installed. The proposed signage must be submitted to the Fire Marshal for approval. The extra address numbers are required to insure that in the event of an emergency, responding police and fire vehicles can quickly locate the correct address. UTILITIES Eight -inch public sanitary sewer and 12-inch public watermain lie east of State Highway 41 within the right-of-way. The developer proposes to install sewer and water services to Lots 1 and 3. A permit is required from MnDOT to install these services. The City must be notified a minimum of 72 hours before the services are to be installed. The service connections must be inspected and approved by the City. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. PARKS AND RECREATION Parks This property is located adjacent to the Bluff Creek Preserve, a natural creek corridor that traverses the city for six miles from northwest to southeast. The park preserve features large expanses of natural open spaces including floodplain, wetlands and woods. The portion of the preserve directly adjacent to the proposed Bluff Creek Woods development is 60 acres in size. Trails The subject site has direct access to the Highway 41 trail that connects to both the Bluff Creek Preserve Trail and the Minnewashta Regional Park Trail within one-half mile of the subdivision. Planning Commission • • Bluff Creek Woods — Planning Case 2013-09 May 21, 2013 Page 10 of 12 In lieu of parkland dedication, the City will require the payment of park fees for the two new homes in effect at the time of final plat approval. For 2013, the park fees are $5,800 per single- family home. COMPLIANCE TABLE Lot Area Excluded Lot Lot (sq. fL) Lot Area Width Depth Notes (sqCode Area in private street 15,000 easement, 100 125 neck lot area less than 100 ft. width Lot 1 Bluff Creek primary zone to 43,418 0 120 361 east and south Lot 2 Bluff Creek primary zone east 44,505 300 120 386 property line Lot 3 33,843 5,050 100 283 Neck lot, Bluff Creek primary zone east lot line Outlot A 1 33,980 Bluff Creek Primary Zone Total 1 155,746 5,350 3.57 acres Setbacks: Front 30 feet, Side 10 feet, Rear 30 feet, Bluff Creek Primary Zone 40 feet. The setback for neck lots begins at the point the lot measures 100 feet in width. It should be noted that the preliminary site plan locating the house on Lots 1 and 3 will require that the homes be shifted to comply with the Bluff Creek primary zone setback. RECOMMENDATION Staff recommends that the Planning Commission approve the development subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2. Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. 3. Any use of or work within or affecting MnDOT right-of-way requires a permit. Permit forms are available from MnDOT's utility website at b"://www.dot.state.mn.us/utility/. Planning Commission • • Bluff Creek Woods — Planning Case 2013-09 May 21, 2013 Page I 1 of 12 4. Outlot A and the conservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall extend to a point 18 feet from the northeast comer of Lot 3. 5. A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. The proposed grading plans shall be amended to show how the lots may be developed. 6. The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. 7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. 8. In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot 1 shall share a common drive with Lot 2 until the existing hammerhead. 9. The applicant shall provide drainage calculations for pre -development and post -development conditions. 10. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 11. SWMP charges shall be waived in lieu of in -perpetuity protection of land through a combination of conservation easement and the dedication of Outlot A to the City. 12. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 14. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 15. The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. 16. Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17. The developer shall work with staff to realign the access to Lot 1. Planning Commission • • Bluff Creek Woods — Planning Case 2013-09 May 21, 2013 Page 12 of 12 18. The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7-ton design. 19. If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. 21. The grading plan must be revised so that the grades do not exceed 3H:IV. 22. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24. The sewer and water service connections must be inspected and approved by the City. 25. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26. Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced Copy Existing Conditions Plan. 4. Reduced Copy Preliminary Plat. 5. Reduced Copy Preliminary Site and Utility Plan. 6. Reduced Copy Preliminary Grading Plan. 7. Reduced Copy Preliminary Tree Inventory. 8. Copy of Fire Dept. policy # FP 29-1991. 9. Letter from Chuck Mayers (Center Point Energy) to Robert Generous dated 4/23/13. 10. Letter from Michael J. Corbett (MnDOT) to Robert Generous dated 5/9/13. 11. Public Hearing Notice and Mailing List. g:�plan\2013 planning cases\2013-09 bluff creek woods\staff report bluff creek woods.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Marty Schutrop for Rezoning, Subdivision approval with Variance and Conditional Use Permit. On May 21, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Marty Schutrop for preliminary plat approval to create three lots and one outlot with a variance for the use of a private street and a conditional use permit for development within the Bluff Creek Overlay District. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned Agricultural Estate District (A-2). 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: That part of the NE '% of the SW '/, of Section 9, Township 116, Range 23 described as follows: Beginning at the center of section 9 thence west along the north line of said SW '/ 228.05 feet then deflecting left 49 degrees 15 minutes a distance of 514.8 feet along the easterly right-of-way line of Highway 41 then deflecting left 130 degrees 45 minutes on line parallel to north line of said SW '/4 571 feet to point on east line of the SW '/4 390 feet south of center of said section, then north on east line of SW '/a 390 feet to the point of beginning. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b. The proposed use is or will be compatible with the present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f. Traffic generation by the proposed use is within capabilities of streets serving the property 5. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city s comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the subdivision ordinance; e. The proposed subdivision will not cause significant environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off -site public improvements or support systems. 6. The city may grant a Variance from the regulations contained in the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: a. The hardship is not a mere inconvenience, but is due to the property being accessed from Highway 41; b. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land with the Bluff Creek headwaters located to the south and east of the site and the need to preserve existing site vegetation to screen the site from the highway, c. The condition or conditions upon which the request is based are unique and not generally applicable to other property since it is located adjacent to Highway 41 and surrounded by the Bluff Creek primary zone; d. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and the comprehensive plan. 7. Conditional Use Permit: a. The proposed development will not be detrimental to or degrade the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed development will be consistent with the objectives of the city's comprehensive plan and this chapter. c. The proposed development 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. d. The proposed development will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed development 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. f. The proposed development will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. The proposed development 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. h. The proposed development will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The proposed development will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. The proposed development will be aesthetically compatible with the area. k. The proposed development will not depreciate surrounding property values. 1. The proposed development will meet standards prescribed for certain uses as provided in the Conditional Use article. 8. The planning report #2013-09 dated May 21, 2013, prepared by Robert Generous et al is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Rezoning, Preliminary Plat with Variances and the Conditional Use Permit. ADOPTED by the Chanhassen Planning Commission this 20 day of May, 2013. CHANHASSEN PLANNING COMMISSION MV Its Chairman CreeK Woods CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION FOOM IL9 K�L�ly��ll�r � Planning Case No.a'10113-09 CITY OF CHANHASSEN RECEIVED APR 12 20f3 CHANHASSEN PLANNING DEPT • • ' itr 3. fr Phone: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment conditional Use Permit (CUP)S Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning S OC7 Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* 36 v An additional fee of $3.00 per address within the public prior to the public hearing. Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) _ZVariance (VAR) 0k.(DO Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign - 200 (City to install and remove) X row for Filing FeeT.'ZI Cost.' $5 UP/SPR/VACP/Mete_& Bounds - $450 Minor SUB TOTAL FEE $ ( 524 notification area will be invoiced to the applicant Five (5) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: jf;1' F UD G "a, LOCATION: L-e LEGAL DESCRIP" Gwe�0H4� p PropertvroE jswi/s MM AM sea AT CENTER SECT e rn IN or w_Larr sw1,14 M.Ow TH ova. LEST os. sisx TAX INFORMATION ALONE ELY *-O-w OF Nsrr 41 TN MFL LEFT 110. ON LINE vARmjjjL To N LINE S1s1/4 sn, TO rR ON E Lim ID: zwo9o.00 - TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: K F PRESENT LAND USE DESIGNATION: V-c�> ( _ i REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: J FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or 1 am the authorized person to make this application and the fee owner has also signed 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. The documents and information I have submitted are true and correct to the best of my knowledge. - L4115113 Signature of Applicant Date Signature of Fee Owner Dat SCANNED g:\plan\forms\devebpment review applicatim.doc PROJECT NAME R U LOCATION: C, lx) o 1 cQ, . 1 A L-e ( 4-1 LEGAL DESCRIP- Gomm' PF*Perty InfOmation ___ 199M DeSWPUM: P/O NEI/4 SW 1/4 DESC AS: 9E6 AT CENTER SECT 9 TN WON N LINE SIYl/4 278.05' TN OEFL LEFT qg• 5149• — �m ALANO M ELY R-O-W OF MWY 41 TH DEFL LEFT 130' SWI ON LINE PARALLEL TO N LINE SW 114 STl' TO PT ON E LINE TOTAL ACREAGE: WETLANDS PRESENT: PRESENTZONING: -,A� REQUESTED ZONING: IL PRESENT LAND USE DESIGNATION: "Nc YES NO 91� REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: ��c J Z jicQ, ( I s G t, .) t-t l-, r4 A FOR SITE PLAN REVIEW: Include number of existing employees: and new employees This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and 1 am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed 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. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant Date D5- Signature of Fee Owner Dat SCANNED g:lplanVorms\development review application.doc | \ ` \} / ) %+k§� moo! [) <o » : ! \} )34n ,e $ CL § j3! , � rnl� .NNN�N',j E z I s co Lwo t Q }� !,� it m E cv ` ii w� E �:4J }n �W J�U c mU� U mD 2 QcU L� g . i a Y ra2f�aagypp I 6 y� 5tl IL IL R 8 i W W]V W o m5 9 Ir SY If 00,06i 3.00,9Wo 5 r__`-___-i__ M co O O / lb \ \ >N � W \ \ 2/ 3 / a !r W /rJ¢/dam' o rr \ \ \ yl\ �bS H \ \ Z 6q i oeR k`�nn E3 ¢ M1 fiat .i ¢ # a ' 'r,.' u ,.sr'aYp kin# y me v er: _Rf I ° LL Y wo mU3 u �� g m ~ c / q \I! | ■ »§) ; ]E2 t> § [T Q _ ;\ !}\!!) !/ £a= ! S !'9h �` �llll 2 0 v CCwg LLWo o 111 0 CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952)227-1150 FAX: (952) 227-1190 CHANHASSEN FIRE DEPARTMENT POLICY General Numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. Size and location of numbers shall be approved by one of the following — Fire Marshal, Fire Inspector, Building Official, Building Inspector. Requirements are for new construction and existing buildings where no address numbers are posted. Other Requirements - General 1. Numbers shall be a contrasting color from the background. 2. Numbers shall not be in script. 3. If a structure is not visible from the street, additional numbers are required at the driveway entrance. Size and location must be approved. 4. Numbers on mail box at driveway entrance may be a minimum of 4". However, requirement 43 must still be met. _ 5. Administrative authority may require additional numbers if deemed necessary. Residential Requirements (2 or less dwelling unit) 1. Minimum height shall be 4 inches. 2. Building permits will not be finaled unless numbers are posted and approved by the Building Department. Premises Identification FP 29-1991 Page 1 of 2 Commercial Requirements 1. Minimum height shall be 12". 2. Multi -Tenant Buildings a. Building address range, minimum height of 12 inches. b. Address numbers required on all tenant doors. Minimum height of 6 inches. 3. If address numbers are located on a directory entry sign, additional numbers will be required on the building's main entrance. 4. Signage on overhead/ delivery doors will also be required. Revisions 6/10/02 3/22/05 5/2/08 2/15/10 Premises Identification FP 29-1991 Page 2 of 2 CenterPoint:, Energy April 23, 2013 Robert Generous Senior Planner 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 700 West Linden Avenue PO Box 1165 Minneapolis, MN 55440-1165 RE: Proposed Rezone, Subdivision with Variances and Conditional Use Permit - Dear Mr. Generous: With reference to your request, CenterPoint Energy has no natural gas mains within the area requested but do have a main and Transmission line in the road Right of Way and with that said CNP has no objection to this proposal, If you have any questions, please contact me at 612-321-5381. Respectfully, CENTERPOINT ENERGY Chuck Mayers Right -of -Way Specialist Engineering Services 612-321-5381 ((-Wso" Minnesota Department of Transportation P Metropolitan District Waters Edge Building 1500 County Road B2 West Roseville, MN 55113 May 9, 2013 Robert Generous, AICP Senior Planner 7700 Market Blvd City of Chanhassen Chanhassen, MN 55317 SUBJECT: Bluff Creek MnDOT Review # S13-032 SE side of TH 41 across from Tanadoona Drive Chanhassen, Carver County Control Section 1008 Dear Mr. Generous, Thank you for the opportunity to review the above referenced site plan. MnDOT has reviewed the site plan and has the following comments: Traffic: MnDOT's Access Management Manual classifies TH 41 as a Minor Arterial in an urban/urbanizing area. Therefore, connections to TH 41 should come from public streets. Providing access to the new lots from the existing driveway is a good solution due to the lack of a local supporting road network. A large portion of Outlot A is outside of the wetland and appears to be developable. If it is indeed developable, the plans should accommodate access to Outlot A from the existing driveway. Please direct any questions regarding traffic to David Sheen (david.sheen@state.mn.us or 651.234.7824) of MnDOT's Metro District South Area Traffic Section. Design: The sight distance is adequate- looking north and south from the current driveway. Please submit construction plans for review. Please direct questions regarding this comment to Nancy Jacobson (651-234-7647 or nancy.l.eacobson@state.mn.us of MnDOT's Metro Design Section. Water Resources: A MnDOT drainage permit will be required. Drainage patterns and existing drainage rates to MnDOT right-of-way must be perpetuated for the project. The following information must be submitted for a drainage permit review: 1) A grading plan showing existing and proposed contours, along with drainage flow areas, 2) Drainage area maps for the proposed project showing existing and proposed drainage areas. Any off -site areas that drain to the project area should also be included in the drainage area maps. The direction of flow for each drainage area must be indicated by arrows, 3) Drainage computations for pre and post construction conditions during the 2, 10, 50 and 100 year rain events, 4) An electronic copy of any computer modeling used for the drainage computations, 5) Relevant construction plan sheets. Please direct any questions regarding water resources to Hailu Shekur (651-234-7521 or hailu.shekur@astate.mn.us of MnDOT Metro District's Water Resources Section. Permits: As previously stated, a drainage permit is required. Additionally, any use of or work within or affecting MnDOT Right-of-way and/or utilities requires a permit. A short form permit is required for the utilities that are connected within MnDOT Right-of-way. Permit forms are available from MnDOT's permit website at hLtp://www.dot.state.mn.us/perm its/. Please include one 11 x 17 plan set and one full size plan set with each permit application. Please direct any questions regarding permit requirements to Buck Craig (651-234-7911 or buck.craig_@state.mn.us) of MnDOT's Metro Permits Section. Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf. version of the plans. MnDOT can accept the plans via e-mail at metrodevreviews.dot(i state.mn.us provided that each separate e- mail is under 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: MnDOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B-2 Roseville, MN 55113 0 0 3. One (1) compact disc. 4. Plans can also be submitted to MnDOT's External FTP Site. Please send files to: fti):Hftp2.dot.state.mn.us/pub/incoming,/MetroWatersEdgelPlannine Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, please send a note to metrodevreviews.do!@state.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review, please feel free to contact me at (651)234-7793. Sincerely, Aixdt Michael J. Corbett, PE Senior Planner Copy sent via E-Mail: Diane Langenbach, Area Engineer Hailu Shekur, Water Resources Nancy Jacobson, Design Buck Craig, Permits Becky Parzyck, Right -of -Way David Sheen, Traffic Engineering Clare Lackey, Traffic Engineering Ann Braden, Metropolitan Council 01 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 9, 2013, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to he mailed a copy of the attached notice of Public Hearing for Bluff Creek Woods — Planning Case 2013-09 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. Subscribed and sworn to before me., this q day of , 2013. otary Publ tc r u K6en J. En el} rdt, Dep6ty Clerk 3 KIM T. MEUWISSEN Notav 3ublic-Minnesota ., My Co :mssion Expires Jan 31. 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date &Time ' Tuesday, May 21, 2013 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request to Rezone 3.57 acres of property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); Proposal: Subdivision with Variances; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District — BLUFF CREEK WOODS. Applicant: Martin Schutro Property 7331 Hazeltine Boulevard 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: 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/2013-09. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at baenerous(fti.chanhassen.mmus or by phone at Comments: 952-227-1131. 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. C ky Review Procedure: Subdivisions, Planned unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, 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 the 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 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 lake a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/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/representative 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. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have Something to be includedinthe reportplease Contact the Planning Staff person named on the notification Date & Time: Tuesday, May 21, 2013 at 7:00 P.M. This hearing may not start until ' later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request to Rezone 3.57 acres of property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); Proposal: Subdivision with Variances; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District — BLUFF CREEK WOODS. Applicant: Martin Schutro Property 7331 Hazeltine Boulevard 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 neighborh d about this project. During the meeting, the Chair will lea(* 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 Droiect. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2013-09. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at bgenerousl Dci.chanhassen.mn.us or by phone at 952-227-1131. 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. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews. Conditional and Interim Uses, Wetland Alterations, 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 the 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 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 City Council except rezonings and land use amendments from residential to commercial/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/representative 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. Minutes are taken and any correspondence regarding the application 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 Stag person named on the notification. 0 BRUCE A & YVONNE M GESKE BYRON A & MARY M OLSON JOHN T & VICTORIA RILEY 7325 HAZELTINE BLVD 7331 HAZELTINE BLVD 2717 LONGACRES DR EXCELSIOR MN 55331-8038 EXCELSIOR MN 55331-8038 CHANHASSEN MN 55317-7557 LONGACRES HOMEOWNERS ASSN INC PO BOX 542 CHANHASSEN MN 55317-0542 MARTIN SCHUTROP 540 LAKOTA LANE CHASKA MN 55318 MPLS COUNCIL OF CAMPFIRE GIRLS 3100 W LAKE ST MINNEAPOLIS MN 55416-4596 PATRICK D & MELINDA A SCHWAMM 2719 LONGACRES DR CHANHASSEN MN 55317-7557 ! ITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 05/22/2013 1:12 PM Receipt No. 00220500 CLERK: AshleyM PAYEE: Schutrop Building and 540 Lakota Lane Chaska MN 55318- Planning Case 2013-09 • Development Corporation ------------------------------------------------------- GIS List 15.00 Recording Fees 50.00 Total Cash Check 6518 Change 65.00 0.00 65.00 0.00 SCANNED 1 • is To: Martin Schutrop 540 Lakota Lane Chaska, MN 55318 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 RE: Bluff Creek Woods Planning Case 2013-09 Invoice SALESPERSON DATE TERMS KTM May 9, 2013 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 5 1 Property Owners List within 500' of 7331 Hazeltine Boulevard (5 labels) Document Recording Fee (from application) $3.00 $50.00 $15.00 $50.00 TOTAL DUE $65.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for May 21, 2013. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #2013-09. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! ;CANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Marty Schutrop for Rezoning, Subdivision approval with Variance and Conditional Use Permit. On May 21, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Marty Schutrop for preliminary plat approval to create three lots and one outlot with a variance for the use of a private street and a conditional use permit for development within the Bluff Creek Overlay District. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned Agricultural Estate District (A-2). 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: That part of the NE Y< of the SW '/< of Section 9, Township 116, Range 23 described as follows: Beginning at the center of section 9 thence west along the north line of said SW '/4 228.05 feet then deflecting left 49 degrees 15 minutes a distance of 514.8 feet along the easterly right-of-way line of Highway 41 then deflecting left 130 degrees 45 minutes on line parallel to north line of said SW '/< 571 feet to point on east line of the SW '/4 390 feet south of center of said section, then north on east line of SW '/4 390 feet to the point of beginning. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b. The proposed use is or will be compatible with the present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. SCANNED d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f. Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the citys comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the subdivision ordinance; e. The proposed subdivision will not cause significant environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off -site public improvements or support systems. 6. The city may grant a Variance from the regulations contained in the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: a. The hardship is not a mere inconvenience, but is due to the property being accessed from Highway 41; b. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land with the Bluff Creek headwaters located to the south and east of the site and the need to preserve existing site vegetation to screen the site from the highway; c. The condition or conditions upon which the request is based are unique and not generally applicable to other property since it is located adjacent to Highway 41 and surrounded by the Bluff Creek primary zone; d. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and the comprehensive plan. 2 7. Conditional Use Permit: a. The proposed development will not be detrimental to or degrade the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed development will be consistent with the objectives of the city's comprehensive plan and this chapter. c. The proposed development 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. d. The proposed development will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed development 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. f The proposed development will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. The proposed development 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. h. The proposed development will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The proposed development will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. The proposed development will be aesthetically compatible with the area. k. The proposed development will not depreciate surrounding property values. 1. The proposed development will meet standards prescribed for certain uses as provided in the Conditional Use article. 8. The planning report #2013-09 dated May 21, 2013, prepared by Robert Generous et al is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Rezoning, Preliminary Plat with Variances and the Conditional Use Permit. ADOPTED by the Chanhassen Planning Commission this 2 V1 day of May, 2013. CHANHASSEN PLANNING COMMISSION BY: 6 Its Chairman 13 -05 Chanhassen Planning Commission — May 21, 2013 • Hokkanen: I move the Chanhassen Planning Commission recommends approval of the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and re -stated Interim Use Permit and adoption of the Findings of Fact and Recommendation. Aller: I have a motion. Do I have a second? Tennyson: I'll second. Aller: I have a motion and a second. Any further discussion? Comments or questions Hokkanen moved, Tennyson seconded that the Chanhassen Planning Commission recommends approval of the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and restated Interim Use Permit and adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: BLUFF CREEK WOODS: REQUEST TO REZONE 3.57 ACRES OF PROPERTY FROM AGRICULTURAL ESTATE DISTRICT (A-2) TO SINGLE FAMILY RESIDENTIAL. DISTRICT (RSF): SUBDIVISION WITH VARIANCES FOR THE CONSTRUCTION OF A PRIVATE STREET AND USE OF A NECK LOT: AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. PROPERTY IS LOCATED AT 7331 HAZELTINE BOULEVARD. APPLICANT: MARTIN SCHUTROP, PLANNING CASE 2013-09. Generous: 'Thank you Chairman Aller, commissioners. Bluff Creek Woods is, the applicant is Marty Schutrop. It's a proposed development located at 7331 Hazeltine Boulevard. It's on the east side of Highway 41, just across from Tanadoona Drive. The property's approximately 3 acres in size. The request is to rezone the property from Agricultural Estate District to Single Family Residential District. Subdivision approval with variances for the use of a neck lot and the construction of a private street and a Conditional Use Permit to allow development within Bluff Creek Overlay District. The applicant is proposing to divide the property into 3 buildable lots. The existing house would remain on the middle lot and then there'd be 2 new building sites. The most southerly portion of the site would be put into an outlot status. As part of this the Bluff Creek Overlay District is being redefined. Under the existing mapping system that we have it shows that the whole property is within the primary zone. However we know that there is actually developable area and as part of the process the City is permitted with the developer to look at the site and determine what would be an appropriate delineation for that primary zone. The three green lots on here include 2 of the new building sites and existing single family home in the middle I should note that I did hand out earlier, put in front of you an email that I received from Hal Newel. He's opposed to this development because of the addition of traffic onto Highway 41. It's hard to tell from his comment whether he thought that there would be two new driveways going on there or if he's aware that we're forcing them to have a common access point out onto Highway 41 and that's part of the reason for the variance because of the private street serving more than one property. Alley: Just for the record we have received and read the email. Generous: Okay. All the lots comply with the minimum requirements in the City's zoning ordinance. The smallest one is 33,000 square feet which is about three-quarters of an acre and the other two are over one acre in size. The most northerly, Lot 3 is the neck lot and that's any lot that does not have it's full frontage on a public street. We wait until it gets back to the lot width hits 100 feet and then we have a valid lot and that's where we establish the setback area from. As part of their application they did show a plan for a private street. However staff in going out to the site and reviewing it was concerned that the access to Lot 1 would require additional grading and take out some significant trees that are on the SCANNED Chanhassen Planning Comi ion — May 21, 2013 • Highway 41 side of the development so what we are recommending is that at the current turn around, hammer head area, that they extend that, you follow that alignment and extend that for access into this property. That provides a turn around area right in this comer and it also will reduce the amount of grading that they'll need to do to build a house on this one site. The use of the private street and the creation of the neck lot are not mere inconveniences. It's due to the unique nature of this property because of the angle of Highway 41, the most northerly lot becomes narrower at the street frontage but then it widens up as you go back through the wetlands and the natural area behind it. Otherwise all the lot lines are following, are at 90 degree angles to the roadway which is what our ordinance prefers that development follow. The most southerly part is the Outlot A. This will be part of the primary zone. There is a drainage swale system through here that runoff comes to the site and into the wetland complex behind it which is the head waters for the Bluff Creek The granting of the variance would not be detrimental to the public welfare and it meets the intent of the subdivision and zoning ordinance as well as the Comprehensive Plan. We believe it's justified in this instance for those two criteria. As part of the realignment of the Bluff Creek Overlay District this orange area on the schematic shows what we will be defined as the primary zone boundary. What's required under the ordinance is then a 40 foot setback from that boundary for structures. What that will do is force Lot 1 and Lot 3 to move the housing sites from where they put them preliminarily. However as you can see there's significant amount of buildable area in both of those lots. Grading of the site will be, as each individual lot comes in they'll have their own grading plan reviewed. We looked at some initial things to see that they could comply with our driveway slope ordinance and look at the house placement for sewer and water services but they will have their own plan. And utility services provided off of Highway 41. The applicant has provided a tree inventory and tree removal plan. Their landscaping plan basically exceeds city requirements so they're not required to provide any additional landscaping unless they remove additional trees on the Highway 41 side as part of the construction of the development. This area is served, there's a neighborhood park just to the southeast of this and then to the north you have a regional park. As the driveway crosses a regional trail that the City recently completed so it is adequately served by parks and recreation facilities. The development will be paying two new fees for the new lots as they're built so staff is recommending approval of the subdivision, rezoning subdivision with variances and conditional use permit subject to the conditions of the staff report and adoption of the Findings of Fact and Recommendation attached to the report. With that I'd be happy to answer any questions. Aller: What was the Department of Transportation's response on traffic? Generous: They did not have a concern. They just said any alterations within their right-of-way will need a permit. Aller: Okay. So to go through that permit process as we move forward. Generous: Yeah, for any alterations that they do within the right-of-way. Aller: And then the Outlot A is non -buildable? Generous: Non -buildable. If it's not donated to the City then it will be under a conservation easement so. Aller: And then the water usage and runoff will be looked at as each building is located, placed and built. Fauske: That's correct. Aller: Okay. And then we have the one home location which will stay where it is, and then as a condition, if we approve this, those properties will move forward out of those areas that you had Chanhassen Planning Commission — May 21, 2013 • delineated as being green so they'll have to move those buildings from the spot they originally requested forward and the setback would be increased. Generous: Right. They would have to comply with the setback based on the primary zone boundary. Aller: I don't have any further questions. Anyone? Weick: I do. Can you go back to the streets and access? I just don't understand what's existing and what's new that's being proposed in this. Aanenson: Bob make sure you show what's a trail up there too. Generous: Yeah, this is the trail system that actually continues to the north. It's not shown on this plan. This is the existing driveway. Weick: Driveway, okay. Generous: And it goes to service. Fauske: That's the trail. Generous: Or, the trail yeah comes right here but this is the driveway and it goes up to the house to the north of it. And this is the existing driveway that services the house on this property and so this is the turn around area that's in place and that's where we recommend that they align the driveway for the property to the south through there. Weick: Okay. Okay. Got it. That's all I had. Aller: Great. Hokkanen: I have a couple questions. So the existing house is staying in the middle, so two new houses are going to be one on each side of the existing home that's there. Generous: That's correct. Hokkanen: Correct, so it's not 3 buildable lots. It's 2 plus an existing. Generous: Yes. Hokkanen: And then did the Department of Transportation have any say or across 41, when you're coming south on 41 to turn left into these, into this private road, is there a, like when you come and you turn into Lake Lucy off of 41. You turn into Longacres off of 41, they have a, what is that? You know what I'm talking about? Fauske: A bypass. Hokkanen: Bypass lane, yes. And up by the church they do as well. And there was only one home here before. Do they have any concerns about that with more, because you can't have individual, they have a home that was on 41 that had to change their driveway into Hillside Court a couple years ago from 41. Is there any concern with the Department of Transportation on that? Chanhassen Planning Comrm3sion — May 21, 2013 • Fauske: The Department of Transportation did not provide any comments on limiting the access. The point with this particular development is they're not proposing to construct a new access point onto Highway 41. It's the addition of two homes that will ultimately access at that location. With regards to, in the past your example on Hillside Court, in that example there was a development that could provide an acceptable and appropriate access from a grading standpoint and from an access standpoint for that particular property. In this case, given the site constraints with the wetlands and the trees, the tree cover on the site, there really is no other appropriate place to provide access and so that's why we're supporting the proposed access as shown. Hokkanen: Thank you. Aller: Okay, good question. Okay, applicant wishing to step forward and make a. Marty Schutrop: The only comment I have is that. Aller: Could you please step up to the podium. Thank you. Marty Schutrop: The only comment is, actually there's two people that access point. Aanenson: I was going to say that too. Marty Schutrop: Not just one currently so. And also we pretty much have complied with the Outlot A as far as, I mean that's a huge amount of land that we've pretty much donated to the City to make the other two lots appropriately you know acceptable so. Aller: Right. Marty Schutrop: We've you know conformed to everything the City has asked on that property so. Aller: And of course there'll be hardscape requirements when it goes to permit that will have to be fulfilled. Marty Schutrop: Yeah, and I have to comply with all those obviously. Aller: Right, and it sounds like your overstory trees and landscaping right now are fine Marty Schutrop: Yeah, and we're taking a minimal, minimal amount of trees out of the property just because of how we laid out the lots too so. Aller: Great, thank you. With that I'll open the public hearing. Any individual wishing to speak either for or against the project, please step forward at this time. State your name and address for the record and let us know what you think. Bruce Geske: Hi, I'm Bruce Geske. I'm the neighbor right to the north and we only have a couple of concerns. One being the drainage on the Lot 3. It's the driveway appears to be coming in over a current culvert that's there and the drainage was never put in properly to begin with so the water has always been on our neighbor's property and we're concerned that with the new driveway would we now have a lake in our yard. That's our first concern. Our second concern obviously is the trail system in Chan. There's been several near misses because people are confused of our turnoff being the entrance for Longacres and they come flying in there and several families have had to scramble into the grass to avoid accidents so that would be our only two concerns. Chanhassen Planning Conn ion — May 21, 2013 • Aller: Great Bruce Geske: Tbanks. Aller: Tbank you. Comments on? Fauske: With the comment with regards to drainage, we could certainly look at, and I apologize I don't have a great scale to provide you some comfort but I'm more than willing to talk to you after the meeting if you're available to go over your concerns and show you the plan and we can talk a little bit more about that and insure that the existing drainage patterns are met and create either an equal or better drainage pattern that currently exists. And then with regards to the pedestrian, the pedestrian concerns, we can certainly talk to our parks and rec director about that to see if there's something that can be done. You know trail. See if we have some ideas. If the residents have some ideas, work with them to see if there's something that can be done to help alleviate that situation. Aller: Great. I don't, because it's a current access, that's really not going to be changed or modified correct? Fauske: Correct Aller: So really that's a concern that should be addressed in any event, whether this moves forward or not so we'd appreciate if that could be followed up on. Fauske: Certainly. Aanenson: If I may I think one of the things too the Fire Marshal mentioned too is addressing on that so if we clearly put the address on a post or something on that end, even though they're private we still have addressing for that and that would identify those 3, or those 4 houses. Their address there and try to clarify what the purposes are. What's the road right-of-way. What's the trail and what those addresses are. Aller: How are they addressed now? Are they addressed on a post now or? Aanenson: I'm not sure how they're addressed now. We can fmd that out. Aller: Maybe if there's nothing there, maybe that is the problem. Aanenson: Correct. Right. Aller: Great, thank you. Anyone else wishing to come forward, speaking for or against? Seeing no one come forward, close the public hearing. Comments. Questions. I think it's great that the concern, the water concern is being met. I know that the City has been in the past and will continue to be concerned about drainage so I don't really foresee a problem with that. Hokkanen: Actually it is a problem over there. I've seen it personally so if they will address that issue when it comes up. It never affected anybody before. Aller: But now we'll be building a pad Hokkanen: Right. Chanhassen Planning Comrm ion — May 21, 2013 • Aller: So there'll be some modification over there. It'll be a good opportunity to look at the drainage. Hokkanen: And even though the signage doesn't affect anything with the moving forward of this, there is some confusion with the trail there and that driveway so maybe just, you know after the park and rec can address that with a trail sign too or something. Aller: Warning sign of some sort. Hokkanen: Yeah, something. Aller: Further comments, questions. Would anyone like to make a motion? Withrow: I will. I move that the Chanhassen Planning Commission recommend the City Council approve the rezoning preliminary plat with variances and a conditional use permit subject to conditions of the staff report and adoption of the Findings of Fact and Recommendation. Aller: I have a motion. Do I have a second? Yusuf: I'll second it. Aller: Having a motion and a second, any further discussion, questions or comments? Withrow moved, Yusuf seconded that the Chanhassen Planning Commission recommends that the City Council approve the Rezoning, Preliminary Plat with Variances and the Conditional Use Permit subject to the conditions of the staff report and adoption of the Findings of Fact and Recommendation: 1. At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2. Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. 3. Any use of or work within or affecting MnDOT right-of-way requires a permit. Permit forms are available from MnDOT's utility website at htto://www.dot.state.mn.us/utility/. 4. Outlot A and the conservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall extend to a point 18 feet from the northeast comer of Lot 3. 5. A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. The proposed grading plans shall be amended to show how the lots may be developed. 6. The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. Chanhassen Planning Comma• n - May 21, 2013 • 7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. 8. In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot 1 shall share a common drive with Lot 2 until the existing hammerhead. 9. The applicant shall provide drainage calculations for pre -development and post -development conditions. 10. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 11. SWMP charges shall be waived in lieu of in -perpetuity protection of land through a combination of conservation easement and the dedication of Outlot A to the City. 12. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 14. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 15. The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. 16. Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17. The developer shall work with staff to realign the access to Lot 1. 18. The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7-ton design. 19. If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. Chanhassen Planning Cormmilon — May 21, 2013 • 21. The grading plan must be revised so that the grades do not exceed 3H:1 V. 22. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24. The sewer and water service connections must be inspected and approved by the City. 25. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26. Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. All voted in favor and the motion carried unanimously with a vote of 7 to 0. THE CHANHASSEN CITY CODE TO CONSTRUCT AN ACCESSORY STRUCTURE IN WORM, PLANNING CASE 2013-11. Generous: Thank you Chairman Aller, commissioners. This application is a variance request to construct an accessory structure in excess of 1,000 square feet. The applicant is Chuck Worm. The property is located at 760 West 96 h Street. This is an area of larger lots in the community and they currently, this property's, he owns two properties at the end of this West 961h Street. On the most westerly one there's a 10,000 square foot storage building and some fields and pasture lands and riding areas and then his house is on the property to the east with additional, I believe the stables are on that location. The variance is to construct a 7,120 square foot accessory structure for the storage of hay and agricultural equipment. There currently exists on the property 10,240 square foot accessory building. An additional 9,960 square feet of accessory structures are on their house site so there's a total accessory structure of 20,912 square feet. Part of staff s concern with this is the creation of these large accessory structures in an area that at some time in the future will be converting to single family housing on smaller or more suburban style lots when urban services become available. In May of 2004 the City approved an Interim Use Permit to allow the riding academy on the property. Annually they have to renew their stable permit to continue the use of that for horses. In researching this property for this development we did discover that there was a contracting business associated with the property and our concern is that the existing accessory building is being used in conjunction with that instead of or in addition to the existing agricultural use. Equipment and hay storage on the site so part of our concern is that they're not utilizing the building in the appropriate way for the zoning district. There have been other variances in the neighborhoods for accessory structures in excess of 1,000 square feet. Within the last 2 years there were two. One for an 1,800 square foot accessory structure and one for a 2,560 square foot accessory structure. This property is at the end of the street where those are all located. Then in 2007 there was a variance for an accessory structure off of Homestead Lane which is a large lot development area. The person wanted to expand IL Generous, Bob From: Ficadoor@aol.com Sent: Wednesday, May 15, 2013 3:27 PM To: Generous, Bob Cc: Mdeannabrandt@mac.com; editor@chanvillager.com Subject: Bluff Creek Woods-7331 Hazeltine Boulevard Proposal Dear Mr. Generous - I understand that I am a bit late in stating my case on this proposed rezoning/ development, however, I would still like to comment. Please take the following comments into consideration: The intersection of Hazeltine Blvd and Hwy 41 is fraught with confusion on a number of levels. The powers that be (cannot recall if it was the county or the state) have already stated that installing a light at this intersection is not an option. Thus, traffic flow must be conducted via driver discretion. As you likely know, Westwood Church has an enormous congregation. Besides every Sunday being an absolute zoo at this intersection, whenever the church has special events, the traffic can get quite hectic as well (I am first hand aware of said traffic congestion because my home is located behind the church and my only choices for exit are via church traffic). It is my opinion that compounding an already dangerous intersection by adding additional dwellings and traffic from the other (east) side of this intersection will further increase congestion as well as add a new dimension of danger and confusion. Also, regarding the east side of this intersection, it is already an odd hodgepodge of intersecting driveways and a bike path. Adding two more driveways to this "puzzle" would not only be dangerous, it would be an eyesore and not becoming of the city's ongoing thoughtful development. Kind regards, Hal Newell 7550 Dogwood Ave. Excelsior, MN 55331 Ph (952) 401-3792 FAX (952) 401-3795 SCANNED j3-09 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 21, 2013 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request to Rezone 3.57 acres of property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); Proposal: Subdivision with Variances; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District — BLUFF CREEK WOODS. Applicant: Martin Schutro Property 7331 Hazeltine Boulevard Location: A location map is on the reverse side of this notice. The purpose of 'his public hearing is to inform you about the applicant's requ ,st and to obtain input from the neighborh about this project. During the meeting, the Chair will lead 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/2013-09. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at bcenerous(a)ci.chanhassen.mn.us or by phone at Comments: 952-227-1131. 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. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses. Wetland Alterations. 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 the 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 dose the public hearing and discuss the Rem 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 vole of the City Council except rezonings and land use amendments from residential to commerciaUndustrial. • 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/representative 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. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. ff you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. CITY OF CHANHASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minn— www Gi nti- , O!1 1 i i ry 1 v� .I 64 `G O c,w,i 39 v 09- Disclaimer �F.��3K©t,`Gti-p�F Nv�Rg-0015 This ce used as one. This map is a cr various city, shown, and into be uunty, state and "�. used for n 6' that the Geographic Information µ� 01AT error free, and the City does m r 3 � \W0\\\ 9�PtE5 PQ4T'N` �'W vrtwev eowea 021 P $ 000.460 0003195036 MAY 09 2013 MAILED FROM ZIP CODE 55317 n z CITY OF CHANHASSEN RECEIVED N MAY 1 0 2013 CHANHASSEN PUNNING DEPT navigational, tracking or any oth S \��� .,,ant of LONGACRES HOMEOWNERS ASSN INC distance or direction or precision 1, '5 `\i\r�\� .wres. If errors or discrepancies are found pie, \ . ,u7. The preceding PO BOX 542 disclaimer is provided pursuant to 6 .,,a §466.03, Subd. 21 (2000). CHANHASSEN MN 55317-0542 and the user of this map acknowled, the City shall not be liable for any damages, and expressly waives all cieims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. SS317sC Y4 180QV4 1111111n1111�^11111111��1`1�11111.1` 111-In,.111111,111,n`111 13 -d Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 21, 2013 at 7:00 P.M. This hearing may not start unfit later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request to Rezone 3.57 acres of property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); Proposal: Subdivision with Variances; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District — BLUFF CREEK WOODS. Applicant: Martin Schutro Property 7331 Hazeltine Boulevard Location: A location map is on the reverse side of this notic . The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighbor about this project. During the meeting, the Chair will lea 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/2013-09. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at benerousla')ci.chanhassen.mn.us or by phone at Comments: 952-227-1131. 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. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, 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 the 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 close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or motlfij wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commemiallindusbial. • 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 meefing. • A neighborhood spokespersonlrepresentative 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. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. ff you wish to have Something to be included in the report, please contact the Planning Staff person named on the notification. I * CITY OF CHANHASSEN 1110 Market B01 P.O. Box 1 Ch,..4 �AC 0� This map is neither a legally recorded C A -V , - Vim` �S used as one. This map is a comp" various city, county, state and fed, 'Fov�-�,Af,? S QA S� shown, and is to be used for referk . G?9 •}?•5 that the Geographic Information Sya 4% ti0 SS error free, and the City does not re,.ed for navigational, tracking or any other pi. ,.�� .�rement of distance or direction or precision in the `��% .eatures. If errors or discrepancies are found please i to % % ..07. The preceding disclaimer is provided pursuant to Minnes. �� . 9466.03, Subd. 21 (2000), and the user of this map acknowledges th .. City 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, its employees or agents, or third parties which arise out of the user's access or use of data provided. • tPtFS pQST'M 'PV PITN[Y �OW[f 02 1 P $ 000.460 { 00031 95036 MAY 09 2013 MAILED FROM ZIP CODE 55317 W Z Q N MPLS COUNCIL OF CAMPFIRE GIRLS 3100 W LAKE ST MINNEAPOLIS MN 55416-4596 till- I1I1I1,11,11'1I1It- 111-1'111111till IIII IIIIIJI'r1111111'1'll Affidavit of Publication Southwest Newspapers CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES State of Minnesota NOTICE OF PUBLIC HEARING ) PLANNING CASE NO. 2013-09 )SS. NOTICE IS HEREBY GIVEN that the Chanhassen Planning Com- County of Carver ) mission will hold a public hearing on Tuesday, May 21, 2013, at 7:00 ,.,,, io the Council Chambers in Blvd The purpose of this hearing Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized is to consider a request to Rezone agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- 3.57 acres of property from Agricul- lager and has full knowledge of the facts herein stated as follows: tural Estate District (A-2) to Single - Family Residential District (RSF); (A) These newspapers have complied with the requirements constituting qualification as a legal Subdivision with Variances; and a Conditional Use Permit to allow newspaper,as y PP provided b Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as n developmentwi0iinithe Bluff Creek amended. Overlay District - BLUFF CREEK ' '(`n J WOODS. Property is located 7331 (B) The printed public notice that is attached to this Affidavit and identified as No. Y 40 Hazeltine Boulevard. Applicant: was published on the date or dates and in the newspaper stated in the attached Notice and said Martin Schutrop. Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of A plan showing the location of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both the proposal is available for public inclusive, and is hereby acknowledged as being the kind and size of type used in the composition review on the City's web site at and publication of the Notice: wwwei.chanhassen.mn.us/2013-09 P or at City Hall during regular busi- ness hours. All interested persons abcdefghilklmnopq vwxyz are invited to attend this public y �� hearing and express their opinions with respect to this proposal. B Robert Generous, Senior Planner Email: beenerous@ci.chanhassen. Laurie A. Hartmann mn.us Phone: 952-227-1131 (Published in the Chanhassen Subscribed and sworn before me on Villager on Thursday, May 9, 2013; No 4806) this day of 2013 t lic / RATE INFORMATION JYMME JEANNETTE BARK NTARi PUB'JC-M NNESOTA Aff COA!1115SION E)nRES o7:31('8 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 SCANNED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2013-09 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 21, 2013, 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 to Rezone 3.57 acres of property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); Subdivision with Variances; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District. Property is located 7331 Hazeltine Boulevard. Applicant: Martin Schutrop. 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/2013-09 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. Robert Generous, Senior Planner Email: bgenerousgci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on May 9, 2013) SCANNED CITY OF MEMORANDUM CHANNSEN TO: Robert Generous, Senior Planner 7700 Market Boulevard PO Box 147 FROM: Todd Hoffman, Park & Recreation Director �` Y Chanhassen, MN 55317 DATE: April 26, 2013 Administration Phone:952.227.1100 SUBJ: BLUFF CREEK WOODS: Request to Rezone 3.57 acres of property Fax: 952.227.1110 from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); Subdivision with Variances for the construction of a Building Inspections private street; and a Conditional Use Permit to allow development Phone: 952,227.1180 within the Bluff Creek Overlay District; Located 7331 Hazeltine Fax:952.227.1190 Boulevard; Applicant: Martin Schutrop. Engineering PARKS Phone:952.227.1160 Fax: 952.22T1170 This property is located adjacent to the Bluff Creek Preserve, a natural creek corridor that traverses the city for 6 miles from northwest to southeast. The park Finance preserve features large expanses of natural open spaces including floodplain, Phone: 952.227.1140 wetlands and woods. The portion of the preserve directly adjacent to the proposed Fax: 952.2271110 Bluff Creek Woods development is 60 acres in size. Park & Recreation Phone:952.227.1120 TRAILS Fax: 952.227.1110 The subject site has direct access to the Highway 41 trail that connects to both the Bluff Creek Preserve Trail and the Minnewashta Regional Park Trail within Recreation Center Y2- mile of the subdivision. 2310 Coulter Boulevard Phone:952.227.1400 RECOMMENDATION Fax: 952.227.1404 As a condition of approval for Bluff Creek Woods, it is recommended that full Planning & park fees be collected in lieu of parkland dedication and/or trail construction. Park Natural Resources fees shall be collected in full for the two new homes at the rate in force upon final Phone: 952.227.1130 plat submission and approval. Fax:952.227.1110 ATTACHMENTS Public works 1. Park and Trail Map 7901 Park Place Phone:952.227.1300 Fax:952.2271310 Senior Center Phone:952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us ... .. c'a _.,.. •...�• N"'W!'Ir.. ,...):,i:,uk diiv:tnra, mmend:,ic n 4-.',,-1'... SCANNED Chanhassen is a Community for Life . Providing for Today and Planning for Tomorrow 4ark and Trail Ma� Bluff Creek Woods G:/ENG/)o/een/Parks/BC_Woods/Location Map.mxd MEMORANDUM TO: Bob Generous FROM: Jerritt Mohn, Building Official DATE: April 23, 2013 SUBJ: Request to Rezone 3.57 acres of property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); Subdivision with Variances for the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District. Property is located 7331 Hazeltine Boulevard. Applicant: Martin Schutrop. Planning Case: 2013-09 I have reviewed the plans for the above project and have no comments at this time. GAPLAN\2013 Planning Cases\2013-09 Bluff Creek Woods\buildingofficialcon m mtdoc SCANNED • City of Chanhassen • 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 Date: April 22, 2013 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: May 10, 2013 By: Robert Generous, Senior Planner Subject: BLUFF CREEK WOODS: Request to Rezone 3.57 acres of property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); Subdivision with Variances for the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District. Property is located 7331 Hazeltine Boulevard. Applicant: Martin Schutrop. Planning Case: 2013-09 PID: 25-0090400 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on April 19, 2013. The 60-day review period ends June 18, 2013. hi order for us 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. This application is scheduled for consideration by the Chanhassen Planning Commission on May 21, 2013 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than May 10, 2013. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife Carver County a. Engineer b. Environmental Services S. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (CenturyLink) 10. Electric Company (Xcel Energy) 11. Mediacom 12. CenterPoint Energy Minnegasco Carver County, MN 1 4o� t� •.ice _ . � a 1 1; k :et Property Information Parcel ID: 250090400 AS400 Acres: 3.58 Taxpayer Name: BYRON A 8 MARY M OLSON Homestead: Y Taxpayer Address: 7331 HAZELTINE BLVD School District: 0112 Taxpayer City St. Zip: EXCELSIOR, MN 55331-8038 Watershed District: WS 064 RILEY PURG BLUFF CREEK Property Address: 7331 HAZELTINE BLVD Tax Exempt: N Property City: CHANHASSEN Platname: GIS Acres: 3.57 Map Scale N ObtlaYner This map wasmeareGusngCarverCOmtysGespraphk bMmarbn S (GIS), G d a coapibhm of infarmaEan Gab ham 1 inch = 355 feet acua vciy,County.y, sore, ara FeaerW olM1rca. Thb map o "rnr a surveye Gr ". y recce map aM b,nlertleG b he u as a W E ., c nyan reapon Whx my macaracres Ma Date P 4/15/2013 S *WK1 SCANNED CITY OF CHANHASSEN • • P O BOX 147 CHANHASSEN MN 55317 04/15/2013 10:23 AM Receipt No. 00216131 CLERK: AshleyM PAYEE: Brian Klingelhutz Lou Ann Klingelhutz 8860 Klein Drive Waconia MN 55387- Bluff Creek Woods Planning Case 2013-09 ------------------------------------------------------- Conditional Use Permit 325.00 Notification Sign 200.00 Rezoning Fees 500.00 Subdivision 300.00 Variance 200.00 Total Cash Check 11520 Change 1,525.00 0.00 1,525.00 0.00 SCANNED BLUFF CREEK WOODS - PLANNING CASE 2013-09 $325.00 Conditional Use Permit $500.00 Rezoning $300.00 Subdivision (3 lots or less) $200.00 Variance $200.00 Notification Sign $50.00 Escrow for filing fees (Variance) $1,575.00 TOTAL $1,525.00 Less Check 11520 from Brian Klingelhutz $50.00 BALANCE REMAINING TO BE PAID (ESCROW FEE) -To be billed with GIS Invoice SCANNED 1 T 0 b0 MWB�M Preliminary Plans For BLUFF CREEK WOODS Chanhassen, Minnesota CITY OF CHANHASSEN RECEIVED APR 19 2013 CHANHASSEN PLANNING DEPT cAmaa+ � DEVELOPER: CIVIL ENGINEER: MAWRya' s Marty Schutrop Engineering 540 Lakota Lane Chaska, MN 55318 WSS Wate fo d PI ?J='� (952) 470-9400 Eacekbr,MN 55331 (952) 221-37M BLL#=F CREEK SURWUAL 4119113 SITE AVDEX cotY/ SHEET N0. 0£SCRIP RW! CO" SHEET P-1 £xSnNG C0.401I1 5 P-2 PRELIMINARY PLAY P-3 PRELIMINARY 51R AND URLI Y PLAN P-4 PRELIMINARY (NAMNG PLAN SCANNED n D Z Z m v 5 room nD m oDm i#iill m $ A 'a�. pp% a 221 m OMC 9 �3 �� O �7mCT 7 7] (A raj}1 8 a 3 'm e Vv ) z 0R .0 / | !., § - ..+ m ° 9 / � � � � C n n 0 M m m � O O 0 Cf) ( m� a»o= �( $ } n> { �t ±� -.S\� ® ! ^ |)# � , 3 • { :0 cn -0 £ Pi!`)\ ! co 0 CD fly s E n a)FiI Im $ a ap o g m-n li �� O i m e33T SRIS p�� fi 999 r I , cn r 0 9 (� a x� pmc ACD 0 l =CO 71 It q 'J Cree PLEASE PRINT Wolfs CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION l� Planning Case No.3013-01 CITY OF CHANHASSEN RECEIVED APR 12 2013 CHANHASSEN PUNNING 0EPT Applicant Name appnd Address: Property Owner N e aa�(.��-d Address: M�IV SLh 4(O(J tY�L C" " ,-1 N : J J t VF *Rrr T Contact: XAAn. Contact: Phone: W -'94 d: 1 Fax: °) SZ_LOO ocT 4 Phone: Fax: Email: S +r a o Q A+1-. TAt-(— Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans //Comprehensive Plan Amendment _z Conditional Use Permit (CUP)S Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning = �o Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* 3b An additional fee of $3.00 per address within the public prior to the public hearing. Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) _zvariance (VAR) o Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — 00 (City to install and remove) X row for Filing Fees orney Cost** $5 UP/SPRNAC AP/Metes & Bounds - $450 Minor SUB TOTAL, FEE notification area will be invoiced to the applicant *Five (5) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: ���Jt .tix�— �G`�cQ, LOCATION: 7 I LEGAL DESCRIP- Ganes] Property LdormetiOO Le9e Desaipow: P/O Nn/4 XW1/4 MW AM SSO AT OOFreR SR S TN WON N LUO 3N1/4 221.05- TN OWL LEFT 4Y 5"X TAX ON4ORNATION ALMS 0.r WO-M OF 11MI7 41 TN OFFL L@r 130. ON ME PARMLEIL TO N LIM SWI14 571' TO Pr ON E LION Pmmrty ID: 2199994" SNI TOTALACREAGE: WETLANDS PRESENT: ✓ YES PRESENT ZONING: Ar REQUESTED ZONING: Ill r PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: Jt A. NO I«S FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed 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. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant Date 2 16-)13 Ignature of Fee Owner Dat SCANNED g:\plan\fom \development review applicatimAm