Loading...
CAS-13_PLANNING CASE NO. 2020-13September 15, 2020 0 0 CITY OF CHANHASSEN Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Timothy A. & Dawne M. Erhart 9611 Meadowlark Lane Chanhassen, MN 55317 Re: Bluff Creek Overlay District Primary Zone Boundan - Planning Case #2020-13 Dear Tim and Dawne: This letter is to confirm that on August 14, 2020. the Chanhassen City Council approved the adjustment to the Bluff Creek Overlay District (BCOD) Primary Zone boundary to encompass the additional 3+ acre area adjacent to Highway 212. The city will revise the primary zone boundary on our maps to incorporate the changes as shown in % our memorandum to Kate Aanenson dated June 18, 2020. If you have any questions or need additional information, please contact me at 952-2-27-1131 or bgenerous aci.chanhassen.mn.us. Si y�� C Robert Generous, AICP Senior Planner cc: Kate Aanenson, Community Development Director Heather Johnston, Interim City Manager Dennis Tumberg, GIS Specialist Matt Unmacht- Water Resources Coordinator - plan 202n planning cases,20-13 bluff creek mcdar dismo appeal - erbartuQprmal k0a did , PH 952.127.1100 • www.ci.chanhassen.mmus • FX 952.227.1110 7700 MARKET BOULEVARD PO BOX 147 CHANHASSEN MINNESOTA 55317 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2020-13 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission sitting as the Board of Appeals and Adjustments will hold a public hearing on Tuesday, August 18, 2020 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 boundary appeal of the Bluff Creek Overlay District boundary determination made by a city administrative officer for property located at the southeast comer of Highway 212 and Powers Boulevard. Zoned Agriculture (A2). Applicant/Property Owner: Tim Erhart. 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/2020-13 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, AICP Senior Planner Email: bgenerous(d)ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on August 6, 2020) giplan12020 planning cases120-13 bluff creek overlay district appeal - erharttph notice to villager.docx SCANNED 1] CITY OF CHANHASSEN 0 AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ( ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on August 6, 2020, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of a Public hearing to consider a boundary appeal of the Bluff Creek Overlay District boundary determination made by a city administrative officer for property located at the southwest corner of Highway 212 and Powers Boulevard; Zoned Agriculture (A2), Planning Case File No. 2020-13 to the persons named on attached Exhibit 'W', 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. �� �. m -N . ,4'Cuf 114 � Kim M wissen, Deputy Subscribed ands orn to before me this( day of 2020. (Seal) Public a JEAN M STECKLING Nobuy Pub"WW* eota t y, ca.rioe iyp,.,,r� si, xou SCANNED This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, backing or any other purpose requiring exacting measurement of distance or director, or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §488.03, Subd. 21 (2000). and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. Disclaimer This map is neither a legally recorded map nor a survey and Is not intended to be used as one This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City tices not represent that the GIS Data can be used for navigational, backing or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §488.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. 0 ((TAX—NAME)) dTAX_ADD_Lla «TAX ADD L2» «Next Record»uTAX_NAME» ((TAX—ADD—Li)) ((TAX—ADD—L2)) Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 18, 2020 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers 7700 Market Blvd. The purpose of this hearing is to consider a boundary Proposal: appeal of the Bluff Creek Overlay District boundary Proposal: determination made by a city administrative officer. Zoned Agriculture (A2). Applicant/Prop. owner: Tim Erhart Property Location: Property located at the SW Corner of Hwy. 212 and Powers Property Location: Blvd. 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 public hearing through the What Happens at following steps: the Meeting: 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/2020-13. If you wish to talk to someone about this project, please contact Bob Generous by email at bcenerous(aci.chanhassen.mmus Questions & or by phone at 952-227-1131. If you choose to submit Comments: written comments, please send one copy to staff in Comments: 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. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notiNme to sign u 1 City Review Procedure: • Subdivisions, Planned Unit Devetupments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezoning•, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 5W 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 Me subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, elaff will give a verbal overview of the report and a recommendation. The item will ba opened for the public to speak about the proposal as a pad of the hearing process. The Commission will dose the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commemialrindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standar. 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 spokeapersonlrepresentarwe 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 personat. • 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 Councila you wish to have something to be induced in the report, please contact the Planning Stag person named on the notilcation. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 18, 2020 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers 7700 Market Blvd. The purpose of this hearing is to consider a boundary appeal of the Bluff Creek Overlay District boundary Proposal: determination made by a city administrative officer. Zoned Agriculture (A2). Applicant/Prop. Tim Erhart Owner: Property Location: Property located at the SW Corner of Hwy. 212 and Powers Blvd. 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, to Chair will lead the public hearing through the following What Happens 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/2020-13. If you wish to talk to someone about this project, please contact Bob Generous by email at boenerous0ci chanhassen.mn.us or by phone Questions & at 952-227-1131. If you choose to submit written Comments: comments, please send one copy to staff 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 t Planning Commission meeting. NEWT Sign up to receive email a text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ei.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezoninga, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feel of the subject site to be notified of Ne 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 antl a recommendation. These reports are available by request. Al the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a pert of the hearing process. The Commission will 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. Remnings, land use and code amendments take a simple majority vote of the City Council except rezonings and lard use amendments from residential to commercial/industrial. • Minnesota Slate 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 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 Me project with any interested persone, • Because the Planning Commission halide the public hearing, the City Council does not Minutesaretakenandany correspondence regarding the application will be included in the report to the City Council. If you wish to have something lobe included in the re rt, please contact the Planning Staff person named on the notification. PIN TAX NAME 256100160 BRIAN J & MICHELLE R O'DONNELL 256100170 SUDEEP BHAT 256100180 LINDA M BLOUDEK REV TRUST 256100190 JOHN JENSEN II 256100200 WILLIAM G & ELIZABETH M AHERN 250260600 G&M LAURENT FAMILY LTD PTRSHP 250260620 STATE OF MINNESOTA- DOT 251550022 TIMOTHY A & DAWNE M ERHART TAX -ADD -Ll 1151 HOMESTEAD LN 1161 HOMESTEAD LN 1171 HOMESTEAD LN 1181 HOMESTEAD LN 1191 HOMESTEAD LN 23655 ZINN AVE 395 JOHN IRELAND BLVD 631 TRAN 9611 MEADOWLARK LN TAX -ADD -L2 CHANHASSEN, MN 55317-8613 CHANHASSEN, MN 55317-8613 CHANHASSEN, MN 55317-8613 CHANHASSEN, MN 55317-8613 CHANHASSEN, MN 55317-8613 PRIOR LAKE, MN 55372-8885 ST PAUL, MN 55155-1801 CHANHASSEN, MN 55317-8695 SITEADD 1151 HOMESTEAD LN 1161 HOMESTEAD LN 1171 HOMESTEAD LN 1181 HOMESTEAD LN 1191 HOMESTEAD LN 1371 PIONEER TRL • E 0 • Generous, Bob From: Ruegemer, Jerry Sent: Friday, August 7, 2020 9:15 AM To: Generous, Bob Subject: Erhart Property Hi Bob, The park and recreation department doesn't have any comments related to the request to adjust the primary zone boundary of the Bluff Creek Overlay District. We would like to reiterate the desire to obtain all necessary easements to extend the city's trail system and construct a public trailhead parking area when this property develops. This would enhance the recreational opportunities of the Fox Woods Preserve and the Southern portion of Chanhassen. If you have any questions please let me know. Thank you. I 4 Jerry Ruegemer Park & Recreation Director CITY OF CHANHASSEN PH. 952.227.1121 FX. 952.227.1110 www.ci.chanhassen.mn.us Ar 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2020-13 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission sitting as the Board of Appeals and Adjustments will hold a public hearing on Tuesday, August 18, 2020 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. Thepurposeof this hearing is to consider a boundary appeal of the Bluff Creek Overlay District boundary determination made by a city administrative officer for property located at the southeast corner of Highway 212 and Powers Boulevard. Zoned Agriculture (A2). Applicant/ Property Owner. Tim Erhart. A plan showing the location of the proposal is available for public review on the city's web site at wwwci.chanhassen. mn.us/2020-13 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, AICP Senior Planner Email: bgenerous@ ci.chanbassen.nmus Phone: 952-227-1131 (Published in the Chanhassen Villager on Thursday, August 6, 2020: No. 4907) SCP NOV 0 Affidavit of Publication Southwest News Media State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the General Manager the news- papers known as the Chaska Heraid and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 9 0�7 was published on the date or dates and in the newspaper stated in the attached Notice and mid Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklamopgrstuvwxyz y Laurie A. Hartmann Subscribed and sworn before me on /I LK this 0 I day of 2020 N lic JYMMEJEANNETTEBARK NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01131/23 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... 531.20 per column inch Maximum rate allowed by law for the above matter ................................. S31.20 per column inch Rate actually charged for the above matter ....................... _...................... S14.03 per column inch COMMUNITY DEVELOPMENT D RTMENT Planning Division — 7700 Market Boulevard OF CHMNSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CITY to Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: July 20, 2020 August 6, 2020 July 17, 2020 Contact: Contact Phone: Contact Email: Robert Generous, AICP 952-227-1131 bgenerous@ci.chanhassen.mn.us Senior Planner Planning Commission Date: City Council Date: 60 -Day Review Period Deadline: August 18, 2020 at 7:00 p.m. September 14, 2020 at 7:00 p.m. September 15, 2020 Application: Consider a boundary appeal of the Bluff Creek Overlay District boundary determination made by a city administrative officer for property located at the southeast corner of Highway 212 and Powers Boulevard. Zoned Agriculture (A2). Planning Case: 2020-13 1 Web Page: www.ci.chanhassen.mn.us/2020-13 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adjacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ❑ Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ❑ Fire Marshal Watershed Districts: ❑ Minnetonka ® Forester El Shorewood ® Park Director Cr County WMO ❑ Victoria ® Water Resources ❑ Lower MN River ❑ Minnehaha Creek ❑ Law Enforcement Adjacent Counties: ® Riley -Purgatory -Bluff Creek ❑ Hennepin Carver County Agencies: Utilities: ❑ Scott ❑ Community Development ❑ Cable TV — Mediacom ❑ Engineer School Districts: ❑ Environmental Services ❑ Electric — Minnesota Valley E] Historical Society ❑Electric — Xcel Energy E] Eastern Carver County 112 El Parks E]Magellan Pipeline E]Minnetonka 276 El &Water Conservation District [_1 Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ Board of Water & Soil Resources Authority ❑ MN Landscape Arboretum ❑ Health ❑ Historical Society E] SouthWestTransit ❑ Natural Resources -Forestry E] TC&W Railroad ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation sj: it' so CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 553 06/29/2020 12:50 PM Receipt No. 00442809 CLERK: kimh PAYEE: Timothy Erhart 9611 Meadowlark Ln Chanhassen MN 55317 - Bluff Creek Overlay ------------------------------------------------------- Use & Variance 100.00 Total Cash Check 5364 Change tCANWO 100.00 0.00 100.00 0.00 0 • Bluff Creek Overlay District Boundary Appeal - Erhardt $100.00 Zoning Appeal $0.00 Consolidate Lots $0.00 Lot Line Adjustment $0.00 Subdivision ($600 + $15 per lot) $0.00 Vacation $0.00 Property Owners List ($3.00 x 64) $0.00 Variance $0.00 Notification Sign $0.00 Deeds $0.00 Attorney's Fees $0.00 Recording Fees $100.00 TOTAL $100.00 Ck #5364 from Timothy & Dawne Erhart $0.00 Balance Owed $0.00 Adjustment 54..", iNISD COMMUNITY DEVELOPMENT DENTMENT Planning Division — 7700 Market Boulevard *'CITY OF CHANHASSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1100 / Fax: (952) 227-1110 Submittal Date: APPLICATION FOR DEVELOPMENT REVIEW PC Date: CC Date: 60 -Day Review Date: Section 1: Application Type (check -all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Subdivision (SUB) ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots.......................$600 + $15 per lot El Conditional Use Permit (CUP) blots) ❑ Single -Family Residence ................................ $325 ❑ Metes & Bounds (2 lots) .................................. $300 ❑ All Others .........................................................$425 ❑ Consolidate Lots ................... ........................... $150 El Interim Use Permit (IUP) E] Lot Line Adjustment.........................................$150 ❑ Final Plat ❑ In conjunction with Single -Family Residence.. $325 ..........................................................$700 (Includes $450 escrow for attorney costs)' ❑ All Others. ........................................................ $425 'Additional escrow may be required for other applications ❑ Rezoning (REZ) through the development contract. ❑ Planned Unit Development (PUD) .................. $750 ❑ Vacation of Easements/Right-of-way (VAC)........ $300 ❑ Minor Amendment to existing PUD ................. $100 (Additional recording fees may apply) ❑ All Others......................................................... $500 ❑ Variance (VAR) .................................................... $200 ❑ Sign Plan Review ................................................... $150 ❑ Wetland Alteration Permit (WAP) ❑ Site Plan Review (SPR) ❑ Single -Family Residence ............................... $150 ❑ Administrative.................................................. $100 ❑ All Others....................................................... $275 ❑ Commercial/Industrial Districts* ...................... $500 21 Zoning Appeal...................................................... $100 Plus $10 per 1,000 square feet of building area: ( thousand square feet) 'Include F1Zoning Ordinance Amendment (ZOA)................. $500 number of existing employees: 'Include number of now employees: ❑ Residential Districts ......................................... $500 NOTE: When multiple applications are processed concurrently, Plus $5 per dwelling unit ( units) the appropriate fee shall be charged for each application. ❑ Notification Sign (City to install and remove).................................................................................... $200 ❑ Property Owners' List within 500' (City to generate atter pre -application meeting) .................................................. $3 per address addresses) ❑ Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements( easements) ❑ Deeds TOTAL FEE: Section 2: Required Information Description of Proposal: Property Address or Location: Parcel #: 251550022 Legal Description: Total Acreage: 472 Wetlands Present? Present Zoning: A — k Present Land Use Designation: Agriculture Existing Use of Property: Agriculture ❑o Check box if separate narrative is attached. ❑ Yes ❑ No Requested Zoning: Select One Requested Land Use Designation: Select One SCAINWED .. APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Tim Erhart Contact: Tim Address: 9611 Meadowlark Lane Phone: - City/State/Zip: Chanhassen, MN 55317 Cell: (612) 963-0733 Email: Terhart@dekor.com Fax: Signature: Date: 6/25/20 This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: Property Owner Via: Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMR FORM fluff Creek To: Kate Aanenson CC: Bob Generous 06/18/2020 41 Overlay District Thank you for sharing the WSB report related to our request to adjust the primary -zone boundary of the Bluff Creek Overlay District (BCOD) within the western portion of our property. From your letter it is our understanding that the WSB report provides much of the basis for the city's conclusion to deny our request. Our request specifically proposes that a 3+ acre area currently located within the primary zone of the BCOD be removed and be combined with the 9 -acre area adjacent to this area guided for commercial use. Our request stems from the belief that this small area is readily developable, more similar to the 9 -acre site and when combined with will be large enough to attract a high-end user to invest in the intersection area. The site is ideal for commercial use in that it lies at the intersection of Powers Blvd and TH #212. The site is served by the existing entrance off Powers Blvd just south of the freeway intersection. This magnificent piece of land could be used for high-quality office space, a corporate headquarters or even high-density residential. The site is adjacent to Fox Woods Preserve nature park and has direct access to the extensive trail system already in place. A trail connection to Bandimere park is planned. o Bandlmere Park 4� Planned Trails Skr. IM M 9 • The city maintains that the 3+ acre area should be incorporated into the existing 80 -acre Fox Woods Preserve nature park when development occurs. Prior to COVID-19, the park has been wholly underutilized. I walk the trails in Fox Woods Preserve regularly and until COVID I rarely see anyone. Moreover, when our property develops, it is our intent that some 15 additional acres (not including the 3+ acres) will be added to the Fox Woods Preserve bringing its total to nearly 100 acres. We do not believe that dedicating this small highly valued area to further expand the park is the best use of this land. Given the accessibility of the site to TH 212 Powers Blvd that this site is better suited to serve our community commercially and yielding much-needed tax revenue. In questioning the location of the BCOD boundary lines, I keep asking is how did the boundary line of the BCOD get to where it is in the first place? I have requested to seethe city's analysis supporting the placement of Bluff Creek Overlay District boundary line where it is. Why is it not 50 ft to the west or 50 ft to the east, left or right? The responses I get refers to the goodness of trees, the importance of wetlands and the fact that soils erode. While the BCOD ordinance calls for the application of a deterministic process for locating boundary lines, in practice the actual placement of boundaries is primarily subjective. The only data employed that is specific is the location of steep and prolonged slopes. The WSB report uses the same kind of vague language to justify their conclusions and goes so far as to add a new category of sacred land "grasslands" to support their conclusions. The WSB report provides no rational explanation whatsoever as to why the city's placement of the line's current location is 100% correct or if our proposed line is 100% wrong. Both locations preserve the valuable assets of the site; the steep and prolonged slopes which are inclusive of thick woods, the wetlands and existing trails. The report is so ambiguous that you could apply its logic to any piece of land or place in Chanhassen and conclude that it too should be included in the BCOD primary zone. WSB's position states that if the property in question lies within the Bluff Creek Watershed and meets one of the following criteria it needs to be off limits to development. 1. Wetlands: There are no wetlands on the 3+ acre site. 2. Woodlands: Yes, there are trees on the property just like the rest of southern Chanhassen. Are they beneficial? Yes, just like all the thousands of other trees in Chanhassen. Does that preclude development? No, that certainly is not Chanhassen's policy. For example; on the east side of Fox Woods Preserve nearly 25 acres of mature and mid -age native hardwoods, including oaks and maples were clear-cut by the developer to construct 45 homes. 3. Grasslands (Yes, there are grass on the property just like there is grass all over Chanhassen). Is grass beneficial? Does that preclude development? 4. Slopes Are their slopes in the area? Of course. The closer you get to a Minnesota River Valley the more the land slopes. However, the area requested for removal from the primary zone was specifically chosen to avoid steep, prolonged and heavily wooded slopes we see in the surrounding area. Moreover, slopes erode with or without development. Properly designed and maintained landscaping will eliminate erosion all together. In summary according to WSB, yoonnot develop anything that includesltlands, woodlands, grass or slopes. So, what is there to develop? Our proposed location for the boundary line is where steep slopes suddenly begin and are maintained over a substantial distance and support natural vegetation consisting of trees, shrubs and underbrush. Our intention is to satisfy the original intent of Bluff Creek Overlay District which is to protect steep slopes and natural vegetation yet allow reasonable and best use of the property that is flat or gently sloping. Preserving the Bluff Creek Corridor was the reason for establishing the BCOD ordinance. The ordinance starts with a stated goal of "protecting the Bluff Creek Corridor and creating of a Greenway connecting Lake Minnewashta Regional Park and the Minnesota River Valle". It does not say it's intended to preserve the entire Bluff Creek watershed. I would also like to point out that all the properties included in the BCOD map exists as natural, undisturbed land directly adjacent to Bluff Creek. The exception to this is the appendix to the east which is located on the opposite side of four laned Powers Blvd and clearly separate from the corridor. Y Bluff Creek i. Overlay District ---Bluff Creek Primary Zone 0 February 2012 Bluff Creek Corridor _ Appendix - 3 acre 91t! Pioneer Trail Our site exists within this appenAnd is not physically located in the of Aluff Creek Corridor. In fact, the site is nearly a quarter mile removed from Bluff Creek. Moreover, the site's drainage path to Bluff Creek in no way resembles a natural -undisturbed connection to these waters. Water from the site flows overland, then through a pipe to a manmade, storm -water collection pond. From there it flows through another pipe and then into a road ditch. It then crosses under Powers Blvd through a culvert and into a wetland and then finally overland into Bluff Creek. The site contains no wetlands. The site includes some mature trees as does the entire area including the 15 acres which will be added to the park at the time of development. What the WSB calls a grassland is a hay field which is harvested annually and used for animal feed. Lastly, the site is relatively flat compared to areas directly to the north and southeast. We all agree these areas should remain protected and included into Fox Woods Preserve down the road. We believe, due to its location at the intersection of Powers Blvd and Interstate #212, combining the 3+ acres on this site with the 9 acres already guided for commercial use will provide far more value Chanhassen residents than by adding it to Fox Woods Preserve and creating more non tax generating open space south of Lyman Blvd. It will also provide a concentration of users making the preserve a worthwhile investment for the community. - Tim and Dawne Erhart \ \_................. \ \ / 'I \ O eusiswue �'E snBer uMlr us ur LINEizA \ « \ \ �� \ — ' \ IM msvroirs eBe ., nor src —_...r voxBe run•e-AB \ \ \ \ \ � �y �., / — — \ \ \ \ / � craws ace nr .B•eB tat —»� wr• unBmo,w PP / / \ \ \ \ /, r✓ '�• �•^"^ © nec2iBc esr —.«— sAr•sB. s•m 7'\ \ \ \ BLUFF CREEK OVERLAY / • s,m>l�Oao ,uss nccnac,ctw —sem s•aw .tnw \ \\ �\ \\ ,•.� !vI „�i® ` \� \ \ \ \ LINE AS PROVIDED BY / ,r aw-w,uncpmn ® cornet M,wac — rn,npc o,snr�o CITY OF CHANHASSEN. ,�(\ F,� ® ta,•le — uaE ry �, \ � \ \ � A xvocAa[o snug ® xrrB seuwrr 0 .mc eomn 964 19 use ry ecn a nwem no rEnn, O rive s,a' eox _ � „rus alma �--- aAxaex \ \\ • 8e \ ` m ryp m•® \ \ `\ \ , \ \ 1 \ 1 — �- — - I monr s AM ® Gs nErte vaA� asGwus erse urr n4v® \ �n •:® n.� \ \ \ \ I I e� ! 1 vu,s A%A2 w Mm nor 1 \ \ h9 ® SiWI YANIpE O mM r MS,PoC1eD AQ2S5 \\ � •� A V A A\ ! I G 0 1pEMNE Bar M1FIt IERR o Denotes Iron Nonument Set \ 'eWeB F Cost 4 ® \ \ n n ® \ \ I > / ' 1 O iQOIIOL MANABF EI AWD nuE •"6 gs • Denotes Iron Monumcrt Fountl \ \ \ \ \ o® o — ` ® rBArnc nwr•a ear nwrrc ucur \ \ — �.` — \ , Q Denotes on Monument ovnE r \ BLUFF CftEEK OVERLAY LINE AF OM PR O wEBSIIE. PROPOSED ADJUSTED BLUFF CREEK OVERLAYUNE st ---------- IBM �r �\ �°s°sa$$� �a $ s 's "s� 0 3 g g � � / � � ----- ! :Zee ,�® ` — ---••r— ------------- \ Q i I 1 ER BL VD 1 O ' AT AI I L LV \) 1 ._ r- IA/ ��Lr I IWestwood q• Ar,��1'in��rP•dF �q lwen� Y,L•f A��i rµY.rrY YY�•,I _. 116/BT/f• ._ xan Tim Erhart sev z�morl.rt IB•e BLUFF CREEK OVERLAY J LINE AS PROCHAN EBY N CITY OF CHANHASASSEN wEBs1E. � NOT FOR CONSTRUCTION EC 120' eon°° 08/02/19 seat 1 on 2 Erhart Property Fi)ds`lll\_ g Conditions l I92f � 9 gib a� yp2 — _ 4 =' a• '-w y se s',R 4, n Y �'N 4 �e 8)8 a 4- i L c .a wee\> iq BC -4`g 1� 37 � naC Prated Location Parcels ase Q Bluff Creek Overlay Distnd 0 � potentially Exdaded nom Bidr creak ove,tey Diatod Slope> 25% Q Subwatersheds e_.:„ Subwatershed Code 0 Map 3 - Potential Exclusion Area°'°Feet \ ^ ,e'c^� Erhart property 1 inch = 100 feet V V " City of Chanhassen, MN February 5, 2020 ITY OF C HANIASSE N Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mr. Tim Erhart 9611 Meadowlark Lane Chanhassen, MN 55317-8695 Re: Bluff Creek Primary Zone Boundary Dear Mr. Erhart: I am writing to respond to your request to modify the Bluff Creek Overlay District primary zone boundary map as it relates to your property east of Powers Boulevard (PID 251550022). The city hired WSB to review your property to determine if a primary zone boundary adjustment was appropriate. Based on their review of the information you supplied, City Code, applicant request, and city and Riley Purgatory Bluff Creek Watershed District documents, and rules regarding the definition and determination for a bluff overlay district and available GIS mapping and information, the consultant recommended that a small portion of the site be removed from the primary zone from the east side of the primary zone, but the western boundary not be modified. (See attached Memorandum from WSB dated December 10, 2019.) This recommendation is consistent with the city's review dated May 19, 2016 (attached). The city will implement the revision of the Bluff Creek Overlay District primary zone boundary removing the area shown in green and correcting the map to show the area shown in blue, which is within the subwatershed zone draining west of the ridge top, on the attached Map 3, Potential Exclusion Area. If you do not agree with this interpretation, then you may appeal this decision to the Board of Appeals and Adjustments pursuant to Section 20-29 of the Chanhassen City Code. A development review application and $100.00 appeal fee must be submitted for an appeal. If you have any questions or need additional information, please contact me at (952) 227-1139 or kaanensomioci.chanhassen nui us. Sin Kate Aanenson, AICP Community Development Director ec: Todd Gerhardt, City Manager Bob Generous, Senior Planner Charlie Howley, City Engineer[Public Works Director Matt Unmacht, Water Resources Coordinator Andi Moffatt, WSB Enclosures scw"ED PH 952.227.1100 • wwwA.chanhassen.mn.us • FX 952.227.1110 ---�'�Nart�DhMvaNhherthluffaeekp"rery erespar I Ue tloa 7700 MARKET BOULEVARD - PO BOX 147 - CHANHASSEN - MINNESOTA 55317 T wsb Memorandum To Bob Generous, City of Chanhassen From: Andi Moffatt, WSB Matt Unmacht, WSB Date: December 10, 2019 Re: Review of BCOD for Erhart Property WSB Project No. 15183-000 On behalf of the City of Chanhassen, please see the review and determination of the Erhart Property adjustment request as it pertains to the City's Bluff Creek Overlay District ordinance. Background inforrnation The City's Bluff Creek Overlay District (BCOD) was developed in March 1997 as the end product of the Bluff Creek Watershed Natural Resources Management Plan. The purpose of the BCOD is to: a. Protect the Bluff Creek Corridor, wetlands, bluffs, and significant stands of mature trees through the use of careful site design. protective covenants, sensitive alignment and design of roadways and utilities, incorporation of natural features, landscaping, techniques outlined in the city's surface water management plan, and the practices delineated in the city's surface water management plan b. Encourage a development pattern that allows people and nature to mix spanning multiple ecosystems Development in the corridor should be ecologically designed and built around natural features such as trees, wetlands. and bluffs. Significant natural features should impact development rather than development impacting significant natural features. The natural qualities of the corridor should be preserved to ensure sufficient habitat area for wildlife. c Promote innovative development techniques such as duster development and open space subdivisions to measurably reduce the amount of impervious cover compared to traditional development practices resulting in significant portions of a site being retained as permanent, protected open space d Foster the creation of a greenway connecting Lake Minnewashta Regional Park and the Minnesota River Valley. The greenway will serve as an uninterrupted pedestrian trail, bikeway system, and wildlife corridor affording opportunities for recreation. education, physical fitness and nonmotorized transportation. e. Encourage cost effective site development. Open space design practices can reduce infrastructure engineering and construction costs because of lot configurations, shortened streets, and reduced utility runs. Long term cost savings can also be realized by the City of Chanhassen associated with infrastructure maintenance costs, f. Implement the policies and recommendations found in the Bluff Creek Watershed Natural Resources Management Plan. K10t51E�pq�poq.�yp _ �p�t9 B000 R�vw Gmtivwn Ooa December 10, 2010 • Page 2 The map of the BCOD is currently maintained by the City as a GIS layer. A landowner developer, city representative, or other may present evidence as to why the boundary should be placed in a specific location. This argument must consider the following. 1. Drainage boundaries - d the site does not drain into the Bluff Creek then it should not be included in the BCOD. Drainage does not need to be a direct connection but must simply have a hydraulic nexus - culvert, ditch, overland, sheet flow or other conveyance. 2. Existence of native communities - does the area have a unique or protected natural resource that serves to meet the objectives of the Bluff Creek Natural Resources Management Plan? a Wetlands provide surface water detention. water quality, food abatement, habitat and educational opportunities b Woodlands provide abstraction and decrease runoff to Bluff Creek. They limit erosion and promote infiltration which can benefit base flows within the creek They also provide habitat and aesthetic value. c. Prairie and meadow areas also promote infiltration thereby decreasing runoff, scour, erosion, and flashiness within the channel and other benefits such as base flow within Bluff Creek. 3. Topography - are bluffs, steep slopes defined as areas with average slopes exceeding 25 percent, or other land that are susceptible to erosion and mass soil movement present? Findings Drainage boundaries. The City's subwatershed mapping is attached in Map 1 This shows the portion of the parcel that is within the Bluff Creek watershed. BC -A5.12 subwatershed. The topography based on LiDAR dated 2012 has also been reviewed and is shown on Map 2. This subwatershed appears to drain to a constructed pond adjacent to Powers Boulevard and then overflow to the south, which then is directed under a culvert under the road to west. Therefore, there is a hydrologic connection to Bluff Creek. However, there is a small section within the BCOD that does not drain to Bluff Creek and rather drains to the east to Lake Riley, and is within the Riley Creek Subwatershed. This small area that drains east is highlighted on the Map 3. The findings for the drainage boundary are that the BCOD and the portion of this parcel noted in the BCOD does drain to Bluff Creek, except for the small area that drains to Lake Riley. This area could be removed from the BCOD. 2. Native communities: a. Wetlands: Based on National Wetland Inventory, city mapping, and air photos, there is a large wettand on the east of the area in question within the PID, but that is not within the Bluff Creek drainage area. There appears to be a storm pond that was created immediately adjacent to Powers Boulevard - this area is not considered wetland. There do not appear to be any other wetlands within the Bluff Creek subwatershed within this parcel. Based on this information, there do not appear to be wetlands within this parcel's subwatershed that provide benefit to Bluff Creek, so this land cover is not applicable. KA015183-0001AdminlDocslMEMO - 120419 - BCOD Review Conclusions.docx December 10, 201 Page 3 C� b Woodlands: Air photos show various areas of wooded areas or scattered trees The landowner provided a tree inventory dated August 2, 2019. Based on the tree inventory within the existing bluff overlay district there are differing tree species within the parcel. These trees primarily include red oak, bur oak, aspen, basswood, eastern red cedar, and elm. These are native species to Minnesota Based on the information provided in the tree survey, it appears there is sufficient native woodlands that would provide valuable habitat within the Bluff Creek watershed. c Grasslands: Based on a review of aerial photos, there are grasslands in the BCOD area These areas promote infiltration and reduce runoff, creating benefits within the BCOD. The findings for the presence of native communities are that the area within the BCOD does contain native woodland plant communities, as well as grassland areas that provide benefits to the BCOD. 3. Topography: The ordinance states that slopes exceeding 25 percent shall be preserved in a natural state. Map 2 shows areas that have slopes greater than 25% Additionally, soils that are erosive in nature should be considered Map 4 shows the soils categorized based on their erodibility. There are erodible soils and steep slopes within the BCOD area within the parcel. Soils information was also reviewed from the County Soil Survey. The soils within the existing BCOD are as follows. • HM — Hamel Loam • KB — Kilkenny -Lester loams The findings regarding topography and soils show that there are highly erodible or potentially highly erodible soils and steep slopes within the BCOD area within the parcel. Protecting and defining these areas within the BCOD is appropriate per the BCOD ordinance. Conclusions The property in question was reviewed with respect to the above criteria. The PID contains a number areas that would qualify it to be included in the Bluff Creek Overtay District. The majority of the area in question drains to Bluff Creek. Of these areas, the majority contain either excessively steep slopes, erodible soils, or woodland or grassland habitat. There is one small area that is within the parcel but not within the Bluff Creek Subwatershed, and topography shows this area would not drain to Bluff Creek. As such, this area can be considered for exclusion from the BCOD The remaining areas appear to qualify to remain in the BCOD If you have any questions, please call me at 763-287-7196 or email me at amoffatt(a)wsbeno. conn. K:t015183-000\AdminlDocs\MEMO - 120419 - BCOD Review Conclusions.docx _�7 V d4: "!) I 4 TSI nr1n�� Ct3;i�Sr� L.II 4'i�li s [1'_`_ iq-l�'^' R 3.1 r Trey •. 51• f. 0 0 May 19, 2016 Mr. Tim Erhart RE: Bluff Creek Overlay District Dear Mr. Earhart, This letter is meant to be illustrative of the purpose and delineation of the Bluff Creek Overlay District, especially as it pertains to your property located east of Powers Boulevard and north of Pioneer Trail. The Bluff Creek Overlay District first came into existence in March of 1997 as the end product of the Bluff Creek Watershed Natural Resources Management Plan. The plan identified five primary goals and these goals were further resolved based upon a variety of factors. They are as follows: 1. Protection, restoration and enhancement of natural resources. This goal sought to divide the watershed into regions and set management goals and techniques for these regions to protect habitat and water quality. 2. Acquire and develop a continuous greenway corridor for aesthetics, recreation, water quality protection and wildlife habitat preservation. 3. Minimize and/or avoid the impacts of development pressures. 4. Provide educational opportunities for all ages. S. Development of a Natural Resources Management Plan that spans multiple jurisdictions. These realizations were supported and/or expounded upon in the 1997 Bluff Creek Corridor Feasibility Study and then again in the 2009 Bluff Creek TMDL Biological Stressor Identification Report, the 2013 Bluff Creek Watershed Total Maximum Daily Load Report: Turbidity and Fish Bioassessment Impairments and Implementation Plan. All these reports supported the basic underlying premise that the cause for the degradation of Bluff Creek is the urbanization of the contributing watershed and subsequent alterations to the flow regime. The last identified The map currently maintained by the City as a GIS layer as well as contained within the Bluff Creek Natural Resources Management Plan is prima facie evidence but is not considered the definitive boundary. A landowner, developer, city representative or other may present evidence as to why the boundary should be placed in a specific location. This argument must consider the following: 1. Drainage boundaries. If the site does not drain into the Bluff Creek than it should not be included in the BCOD. Drainage does not need to be a direct connection but must simply have a hydraulic nexus — culvert, ditch, overland sheet flow or other conveyance. 2. Existence of native communities. Does the area have a unique or protected natural resource that serves to meet the objectives of the Bluff Creek Natural Resources Management Plan? a. Wetlands provide surface water detention, water quality, flood abatement, habitat and educational opportunities. 0 0 b. Woodlands provide abstraction and decrease runoff to Bluff Creek. They limit erosion and promote infiltration which can benefit base flows within the creek. They also provide habitat and aesthetic value. c. Prairie and meadow areas also promote infiltration thereby decreasing runoff, scour, erosion, flashiness within the channel and other benefits such as base flow within Bluff Creek. 3. Topography. Are bluffs, steep slopes or other land that are susceptible to erosion and mass soil movement present? 4. Connectivity. Will this site serve continuation of the green corridor, a trail corridor or other recreational or educational purpose? With the original 1996 plan, the BCOD was approximately as show in red in Figure 1. The shaded green shows the current BCOD per the proposed Fairview limits. These boundaries are overlaid upon the 1991 aerial photograph showing the conditions that existed at the time the BCOD was created. Figure 1. Site conditions in 1991 with current BCOD area in green, original western limit of BCOD in red and proposed boundaryfrom Westwood exhibit in yellow. Figure 2. Site conditions in 1014 with current BCOD area in green, original western limit of BCOD in red and proposed boundaryfrom Westwood exhibit in yellow. Given the criteria set forth for establishing the boundary, I do not see the justification for moving the western boundary as shown. VAI Afbe m Gw1wwE City of Chanhassen'. o _ n 9 7 Bluff Creek ` Overlay District �C Primary Corridor elf 50' Buffer Secondary Corridor -Pu— Bluff Creek February 27, 2012 _—fie I e� rf\ � Lyman &vd (C -p Al _ Q� FAIRVIEWEDICAL CENTER T REE VISED BCOD ' 2008 AERIAL _ -•-- --Mfr.-- � 1 T� r Apprownite Area of Conservation Easement MK• 0 ' A � rssx-zx' / waw i�i� alt• i J MLOt A I o1 X cl d' I, lijmVV �m I R=..y "-� � .woven Ze-o= dwA APM PBUW v PLMIPM