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1 Theship-Rosales Conditional UCASE #: 2001-5 CUP File 2 STAFF REPORT Z -<1: ...I )CATION: Request for a conditional use permit for development within the Bluff Creek Overlay District. to allow cons~on of a 1;435 sq. ~ addition on ~ . zoned A2, Agricultural Estate. ' 9201 Audubon Road Eric S. Theship-Rosales 9201 Audubon Road Chanhassen, MN 55317 .Itl A2, Agricultural Estate LAND USE PLAN: Parka/Open Space and Office/Industrial 1.66 acres (70,611 square feet) DENSITY: NA OF REQUEST: The applicant is proposing an addition to the house. This lot is located the secondary zone of the Bluff Creek Overlay District. A conditional use permit is mqui_nxi ~.the constngfion of any stmc~ within this distdct. of this public hearing has been mailed to all property owners within 500. feet. OF CITY DISCRETION IN DECISION-MA KING: City has limited discretion in approving or denying conditional use permits, based on whether or the proposal meets the conditional use. permit standards outlined in the Zoning Ordinance. If the finds that all the applicable conditional use permit standards arc met, the permit must be ,ved. This is a quasi-judicial decision. ~ S~ P~ P. C n( A T S~ T E T SI eship-Rosales CUP ~tember 4, 2001 e2 tOPOSAL SUMMARY e applicant is requesting a conditional use permit (CUP) to construct a 1,435 square foot addition on ~perty located entirely within the secondary zone of the Bluff Creek Overlay District. The Bluff ~ek ordinance requires a CUP for any type of consm~on on ~ located within the overlay trict. The property in question is located to the east of Aoch,bon Road, south of Lyman Blvd, and ~d~ of Pioneer Trail. Access to the site is via a gravel drive off of Audubon Road. The site has ~roximately 1.66 acres, and is zoned Agricultural Estate District, A2. house is located in the southwest comer of the lot, on a high, level portion of the site. The proposed lition will be located north of the existing house. A bluff exists on the site; however, it is outside the tsuuction area and will not be impacted by this proposal. The applicant's surveyor confirmed that the pes of the construction area do not exceed 14.7%. (see attached leRer). There is an existing ~ssory stmcmm located east of the house. 'PLICABLE REGULATIONS e Bluff Creek Overlay District ordinanc~ requires the following: e. 20-1554. Conditional use permits. :onditional use permit shall be issued by the city for all subdivisions, site plans, and prior the ;ction or alteration of any building or land within the BCO. e site is located east of Audubon Road and south of Lyman Boulevard. It is zoned Agricultural rate District. Access to the site is gained via Audubon Road. The site has an area of 1.66 acres. e finding for the Conditional Use Permit are addressed in the CUP Findings Section of the report. e. 204564. Structure setbacks. structures shall be setback a minimum of forty (40)feet from the Primary Zone. No disturbance of site shall occur within the first (20) setback. ~eship-Rosales CUP S~ptember 4, 2001 P,~ge 3 T fr Si T, cl B t~ T T sl site is located entirely outside the Primary Zone. The proposed addition will maintain a setback exceeds 40 feet from the primary zone and a distance that that exceeds 20 feet of no disturbance ,m the edge of the primary zone. e. 204556. Impervious cover and slopes. the greatest extent possible, all development shall minimize the amount of impervious surface by ~vtering development, using common access drives and utility corridors and minimizing building ~tprint size. Roads, walkway& bike trails, and parking areas must be designed parallel to natural ntours with consideration to maintaining consolidated areas of natural topography and vegetation. magement of surface run-off caused by impervious cover shall be designed using practices ffneated in the city's Best Management Practices Handbook. Within the Secondary. Zone o. f the 70 ~ ar,as with average slopes exceeding twent~-.five (25) percent shall be pr,s~rved in dr natural state and maintained as permanent open space. Areas with average slopes less than ,.nty-five (25) percent but greater than ten (JO) percent shall not exceed an impervious surface verage of twenty-five (25) percent. Impervious coverage for areas where average slopes are less m ten (10) percent shall be governed by the underlying Zoning district. .e proposed addition will be located on slopes that have an average grade of 14.7%. The total hard .'face coverage, including the proposed addition, on the lot is approximately 4.7%. smmnary, with the incorporation of staff recommendations, the proposed additon meets ordinance uirements, and staff is recommending approval with conditions outlined in the staff report. ,CKGROUND September 2001, the applicant received approval of a Conditional Use Permit by the city, allowing . combination of two accessory structures located on the property. At that time the city also ~roved a 3,654 square foot lot area variance from the minimum 2 1/2 acre for the property as it was onconforming lot of record. though the property is currently zoned A2, permi~g a single family home; it, as well as the xounding properties, are guided by the 2020 Land Use Plan for Parka/Open Space and rice/Industrial. The city is currently conducting an Alternate Urban Area wide Review (AUAR) fly of 650 acres which includes the subject site. The purpose of the study is to facilitate the future velopment of the area. Issues that will be examined will include: environment, traffic circulation, aing, land use, infrastructure, etc. IMMARY OF EXISTING TOPOGRAPHY .e site slopes from the western lot line toward the northeast. The proposed addition is located on a ~ area. The steepest slope is 17.4%. gl D T T T T T ;alem CUP 4, 2001 is no existing storm sewer or ponding on the site. Stormwater nmoff from the site will to be treated by overland flow before entering Bluff Creek. Staff's opinion that construction of ponding and storm sewer is not required. proposed grading of the lot will direct storm water runoff around the ~ and back to the [sting drainage pattern. applicant is proposing grading for the foundation and to re-direct the drainage around the addition. All grading will take place within the property. grading shown on the plan is limited to within 25' of the proposed smmmm. Due to the of the site, access to the grading area will undoubtedly cause additional disturbance to the City did not receive schematics of the piping layout for the septic system; however, due to the of the grading area, there is a potential for damage to the septic tanks, piping, and drain Proper precautions should be exercised to avoid such damage. contours submitted appear to indicate that material will need to be removed from the site. A haul for removal from the site will also be requireck lION CONTROL ion control will be required to meet the City's best management practices. An erosion control must be prepat~ and submitted with the application for the building. existing drive shall serve as the constnLetion entrance. Any tracking of dirt or debris from the onto Audubon Road shall be removed daily. disturbed areas must be seeded and mulched within 2 weeks of grading work stopping on thc site. temate erosion control measures may be allowed for temporary delays longer than 2 weeks, only with approval of the City Engineer and Water Resoume~ Coordinator. IMPROVEMENTS N public improvements are proposed as part of this application. ~eship-Rosales CUP S~ptember 4, 2001 P~ge 5 B D 4~ 6~ }NDmONAL USE PERMIT FINDINGS Jldings and site alteration are permitted within the Secondary Zone of the Bluff Creek Overlay strict as a conditional use. The following constitutes staff's review of-this proposal against aditional use permit standards. Section 20-232, include the following 12 items: Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborbood or the city. Finding: The site is zoned A2. The proposed use will not create any significant or unexpected impacts with the incorporation of staff's conditions. Will be consistent with the objectives of the city's compreh~ve plan and this chapter. Finding: The site is currently zoned A2. A single family home is permitted in the A2 District. The parcel is a lot of record, created prior to adoption of the zoning ordinance. A single family home exists on the property the ~ddition can be added and will meet the required setback~ for the A2 zoning district. The hard surface coverage will be approximately 4.7% with the addition. Will be designed, consmacted, operated and maintained so to be comr~ible in appearance with the existing or intended c~ of the general vicinity and will not change the essential character of that area. Finding: Thc site is located in an Agricultural Estate-District. The addition will be compatible in appearance with the general character of thc general vicinity. Will not be hazardous or disugb~g to existing or planned neighboring uses. Finding: The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. 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 serd~ provided by the persons or agencies responsible for the establishment of the proposed use. Finding: Thc site is located outside the Metropolitan Urban Service Area. Thc subject site utilizes an on site Individual Septic Treatment System~ Access to the site is provided via Audubon Road. The site will be able to accomm~ the proposed use. Will not create cx~ve requirements for public facilities and services and will not be detrimental to the economic weffare of thc community. Finding: The proposed project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 11 ~eship-Rosales CUP }tember 4, 2001 e6 Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, ~ or the general weffare becamse of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: This site will not ~ adverse impacts to persons, property or the general welfare of the area. The proposed use will comply with city ordinances. Will have vehicular approaches to the ~ which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Find~g: The residential site currently has access via Audubon Road and is a private residence; therefore, staff does not anticipate any heavy traffic. Will not result in the destruction, ltms or damage of solar ms, nalxmfl, scenic or historic feaunv, s of major significance. Fire.g: The proposed development will not result in the loss or desm~on of any significant features with the incorporation of staff's recommendations. Will be aesthetically compatible with the area. Finding: The proposed addition will be aesthetically compatible with the area. Will not depreciate surrounding pmpe~ values. Finding: The use will not depreciate surrounding property values. Will meet standards prescfi~ for certain uses as provided in this article. Find~g: The proposed use will meet standards prescribed for ~ uses lxovided in thia article. ~OMMENDATION ff recommends that the Planning Commission adopt the following motion: he Planning Commission recommends approval of Conditional Use Permit g2001-5 g2 to permit .~uction of a 1,435 sq. ft. addition subject to the following conditions: . The on-site sewage treatment system must be inslx~axt to determine ff it is in compliance with city Code and the size of the system must be in~ to accommodate the addition of two bedrooms. The compliance report must be received, and the permit to increase the size of the system must be issued, before the building permit for the addition can be issued. 2. The septic tank must be a minimum of ten (10) feet from the addition. This site as well as the existing site must be protected from damage during the consmmfion of the building. S~ ~-Rosales CUP 4,2001 3. A building permit must be obtained before beginning construction. 4. The applicant shall enter into a conditional use permit agr~~t with the city. 1 1 1 ag o The application for building permit shall include a haul route for removal of excavated material from the site. Erosion control shall meet the City's Best Management Practices. The applicant shall submit an erosion control plan with the building permit application. The existing driveway shall act as the construction entrance. All tracldng of dirt or debris from the site onto the public roadway shall be removed daily. Upon verbal notice, the City shall clear the dirt or debris using Contractor or City forces and equipment and charge the All disturbed areas will be seeded and mulched within 2 weeks of grading work stopping, except in the case of temporary delays longer than 2 weeks, in which case the applicant may submit an alternate for temporary stabili?ation of the site for consi~on by the City Engineer and Water Resources Coordinator. Construction shall be limited to between the hours of 7 m and 6 p.m~ on weekdays and 9 a.m. and 5 p.m. on Saturdays. No construction shall be allowed on Sundays or legal holidays." . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Findings of Fact and Recommendation Application and Narrative Exhibit "A" Legal Description Site Map Reduced Copy of Survey dated July 26, 2001, latest revision May 6, 2003 Plans dated received April 18, 2003. Letter from surveyor regarding bluff status Section 20-1554 Conditional Use Permits Section 20-1556. Impervious cover and dopes. Section 20-1564. Structure setbacks. Letter from Anonymous Neighborhood Residents to Planning Commission Notice of Public Hearing and mailing list. ~eship-Rosales CUP S~tember 4, 2001 P~ge 8 A O CITY OF CHANI-IASSEN CARVER AND HENNEPIN COUNTIF.3, MINNF.3OTA FINDINGS OF FACT AND RECOlVIMENDATION ~lication of Eric Theship-Rosales Conditional Use Permit On June 3, 2003, the Chanhassen Planning Commission met at its regularly schedule meeting mnsider the application of a house addition for a conditional use permit for the ~ located at Vl Audubon Road. e Planning Commission conducted a public hearing on the proposed conditional use was preceded published and mailed notice. The Planning Commission heard testimony from all interested .~ons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned A2, Agricultural Estate. 2. The property is guided by the Land Use Plan for Parks/~ Space and rice/Industrial 3. The legal description of the property is: See Exhibit A 1 Section 20-232: Will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. bi Will be consistent with the objectives of the city's comprehensive plan and this chapter. CUP 4,2001 el 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 arem d. Will not be hazardous or disturbing to existing or planned neighboring uses. el 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 a_dequately by such facilities and services provided by the persons or agencies responsible for the establishment of the pwposed US~. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, ~ or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, o~, rodents, or trash. he Will have vehicular approaches to the property which do not crea__te traffic congestion or interfere with traffic or surrounding public thoroughfares. Will not result in the destruction, loss or damage of solar arxgess, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the are~ k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. teship-Rosales CUP ptember 4, 2001 gel0 1 The planning report # 2001-5 CUP File 2 dated May 20,2003, prepared by Angela Auseth is incorporated herein. RECOMMENDATION permit. The Planning Commission recommends that the City Council approve the conditional 03. ADOPTED by the Chaahassen Planning Commission this day of CHANHASSEN PLANNING COMMISSION BY: S~ :retary APPLI¢ ADD1 TELEPH~ CITY OF CHANHASSEN' 770O MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION OWNER:- ADDRESS: ~NE (Daytime) TELEPHONE: ~;~ ~ Si SI NOTE Plan Amendment Use Permit Use Permit ~n-conforming Use Permit Unit Development* In Permits In Plan Review Plan Review* Temporary Sales Permit Vacation of ROW/Easements Vadance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign Escrow for Filing Fees/Attomey Cost** ($50 CUP/SPR/VAC/VA~AP~ and Bounds, $400 Minor SUB) TOTAL FEE $ list of all property ownem within 500 feet of the boundarlee of the property must be Included with the ~llcatlon. Ildlng material samples must be submitted with site plan reviews. full size folded copies of the plans must be submitted, Including an 8½" X 11 [] reduced copy each plan sheet. scrow will be required for other applications through the development contract ~en multiple applications are processed, the appropriate fee shall be charged for each application. PROJEC1 LOCATIO LEGAL DI TOTAL A( WETLAN[ PRESEN'I REQUE~ PRESEN'I REQUES'I REASON - and plans Departme~ A cletermin notice of This is to C a, req the-City copy of O~ I will keep understanc authodzati( NAME ~CRIPTION REAGE S PRESENT ZONING ED ZONING YES LAND USE DESIGNATION -'D LAND USE DESIGNATION ~'~ ~ ,. OR THIS REQUEST ~~r-~ · . ~tion must be completed in full and be typewritten or clearly printed and must be accomPanied by ail informetioh ~uired by applicable City Ordinance provisions: Before filing this application, you should confer ~ the Planni~ :to determine the specific ordinance and procedural requirements applicable to your application. ; ~tion of completeness of the application shall be made wtthin ten business days of application submittal. A wrlttan )licaflon deficiencies shall be mailed to the applicant within ten business' days Of'application. -. rtify that I am making application for.the descflbed action by the City and-that I am. responsible for complying w~ imments with regard to this request...This.appi~ati0n should be processed in my name and I am the,party whom' uld contact regarding any matter pertaining to this application.' I have attached a copy of proof o~'ownership (either ter's Duplicate Certirmate of 'l"rde, Abstract of Title or purchase agreement), or- I am the authorized person to.make Ion and the fee owner has also signed this application. : -. myself informed of the deadlines for submission of material and the progress'of this application. I further that additional fees may be charged for consulting fees, feasibility stucr~s, etc. with an-estimate prior to any to proceed with the study. The documents and Information ! have submitted am .tie and correct to the best.of e. requirernert extension 1 extensions I Signature 1Fee Ownor Appli~tion [leceived on Fee Paid ~by notifies the applicant that development review cannot be completed within 60 days due to public headng s and. agency review. Therefore, the city is n.otifyi'ng the applicant that the city requires an automatic 60 day )r development review. Development review shall be completed within 120 days unless.additional review ~re approved by the applicant. Receipt No. - The appllc If not con1 nt should contact staff for a copy., of the staff report.which will be available on Friday prior to the meeting. ~ted, a copy of the report will be ma#ed to the applicant's address. EXHIBIT "A" T at paint of the following described property: . , 'I' ~ose paris of Government'Lots Two and Threel Section Twenty-Two, Township. One Hundred Scteen North, Range Twenty-Three W~t of the Fifth Principal Met-;dian, described as follows: B ,,~g!nning at the Southeast corner of saJd Goverrunent Lot Three; thence on an assumed bearing o l',torlh 0 degrees 29 minutes 11 seconds East, along the.East line of said Government Lot '1' ~ree, a distance of 1306.64 feet to the Northeast corner of said Government ~t Three; lhonce N ~rtl~ 44 degrees 16 minutes 22 seconds West, along a Dine extendi~g to the Northwest corner of s~ id Government ~t 'I~o a distance of 321.10 feet; tbeuce Sm~lherly a dislance of I16A0 feet al ~ng the non-tangential cu~e concave to the East; baying a radius of 3477.15 feet, a central a tgle of 1 degree 55 minutes 05 seOonds and the chord of said cu~e bear~ South 6 degrees 47 n nutes 28 seconds West, thence South 5 degrees 49 minutes 56 seconds West, langent lo said c ~e, a dislance of 203.36 feet; thence Southerly a distance of 279.51 ~eet along a tangential c rye concave to ll~e East, having a radius of 1940.17 feet and a centt'nl angle of 8 degrees 15 n nutes 16 seconds; ll~ence South 2 degrees 25 minutes 20 seconds East, tangent tu the last d scribed cu~we, a distance of 450,30 feet; thence Southerly a distance of 368.70 feet along a tl agent;al cu~e concave to the East having a radius of 1798.65 feel and a central angle o[11 d :grees 44 minutes 42 seconds; thence S6uth 14 degrees lO minutes 02 East, tangent to the last d :scribed cu~e, a distance of 129.50 feet to the South line of said Government ~t Three: thence ~ orth 89 degrees 55 mim~tes 44 seconds East, along said South lifie, a distance ~[ 151.98 feet to point of beginuing: ' ' . '~ch lies Northerly of a liue bearing North 86 degrees 42 ~nutes 35 seconds West from a point the East line of said Goverment ~t ~ree distant 176.09 feet Southerly of tl~e Northeast ~rner of said Government Lot Three, Carver County, Minnesota. bstract. ,! ,-4 t.d+ c~,~,e~ u5~3. co ~ ~ ~ r-u c. O-ed vt4 ~ U~ II ~+~ ~oLo ,, T.~XPAYER: TAX BILIJ DE,C: I~'T-;;~ LOT3 alA f A[R_~T Ol¢ PROPERTY TAXES PAYABLE IN 2002 CARVER COUNTY CENTER DONALD F. DAHLKE - CARVER COUNTY TREASURER MARK LUNDGt~ - CAR~R COUNTY AUDITOR AD~TION BIJU .DING 600 FAST 4TH STREET · P.O. BOX 69 CHA~KAi MN 553 ! 8.4X)69 9~2-361-1980 2 U~ ~is Y~ 3. Your 4. Aid paid by ^. B. Other 6. Your 7. Cotmty. 8. City or 9. Stem General 10. School by August 1. If this box is checked, you owe delinquent taxes and are not eligibl~ ~. 610 '.:.'...: .."."'."', '5' '.',."-'" :':-~??':.-'..'"..:::'?'"'..5." %:: '-.': ~." ~ :.'.--:'.-'-: ~-::-~ ~': ".'-. '. '-".5' :. -V.-'-: ' ':: .... :..' .- ·: · '.~-. for the t'pec~ prope~ tax refund on scl~ule 1 of fm'm M-1PR. . !, 141 · O0 Tax And How it I~ Ratuc~'-]~ '~' ~'"' ::"' :'>:'::': ~ ''':~ ''''''~' ::.?;-.7:'::..-.-::'::-'.'.:' .'t'--'-: :-.-'.':'--:: :~ ,--'..-.-..:-:.-.:---".: ::':: :. '-. ~': ---'-::.-:---.. '. '.-.: :i-: :-7:-;-:'.-..-. tax b~rom mm~ion by uate-tmi~ aids an~ craig.' ' ' ..' ..... ..~ ~-::.':~ '-' ..V-:: ':.-_-' ~'.?'?!::-:':'.': .':.' ...'.' .'-:. ! ~.: ! :' :.' :i'~;:~J'~iid' :' '":-.' "-':'-"! ': ':-': -'- ~ ~ ":'"": ':-? :"~l~"&~lil~ '."-" ' ~ Suue of IV[ink,om to reduce your propmy tax. . .... !, ~ ~?. 44 2, O4a,.O~ md a~'icultmal cr~lit~ paid by the Sta~ of ~ m ~-_,~ ~-~~:'.5..'--.:.-:..'..--::. ~.-:-:-'. ?:-.-~ -.:. :; 5~ :-:-- !: :. -,~ff~ :.. !:.--...-:--:.?. ! .-..:.:-.:.-.-.:-. : .--: -~I3,/L~: :-."" :s paid by th~ State of Mirme.ra)m to r~luce your ~ tax. t,~err~uctionby~~dsaudcmdim.." ':' ' . . :" ' !- ': ': " :"" :." : '! 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Payflxisamoumnolalta'~ IM¥ 15 Pay this amotmt no latet than ~ 15 SECOM) HALF DUE OCTOBER IS I, MY 1S BIZ(: I ~ _11 & ~t AUI:WB~ RB ~ !1111 SS317-94,12 MAK~ CHBCKS PAYABL~ TO:. Donald F. DMdke II I I I I I ! I -I !'1 I [ I l[ I '~1 *'"~-[I II II I! I! I. I .~ I I I I I I I I ! I I I_. I I ! I -I .I %. 2 ~1 I i i i . I i _ ~ i i I I I I H&u 03 08:40p L&rr1~ Huhn 95;2 4'74 826? p. ! VANCE ]Ol SUR FEY1NG ENGINEERING CO. (~Y2) 474 79~4 F~x (9~) 4'/4 K2~7 27, 2003 Al2gie of Chanhssscn ~Y FAX: 952 227 1110 Blu:ffrcquimm~m'ts at 9201 Amo~ Ro~ An~¢: just spoke by pho~. You asked mo about a possible bluff at 9201 Autobahn ~ our job 030380. You told me that aceamli~ to your orditmnee, the slope of the bluff must be or greg~. As I nmasum, on our surv~, fl~e ~ of t~ land in tl~ stoa whe~ our ctie~t and ~re is not a bluff per your definition. CO. .s. ~o. 9z3s, ~----d~ ZONING § 20-1555 (b) (c) Preservation of the natural conditions found in the Primary zone and to the greatest extent possible, preserving significant reso~ and minimizing impacts in the Secondary zone through cluster development and other practices which mioiml,e the removal of vegetation, minimize site grading, and application of practices found in the city's best management practices handbook. Creation of a suitable balance between the ~mount'and arrangement of open space, landscaping, view protection, bluffprotection, and vegetation protection and the design and function of man-made features. (d) Creation of an interconnected open space network that preserves mlooratory 1~~' for wildlife. (e) Creation of an interconnected open space network that provides recreational and educational opportunities for people. (Ord. No. 286, § 8, 12-14-98) - Sec. 20-1653. District application. The BCO district shall be applied or superimposed (overlaid) upon all zoning distri~ as contained herein as existing or amended by the text and map of this article. The regulations and requirements imposed by the BCO .district sh~ll be in addition to those established for districts which jointly apply. Under the joint application of the districts, the more restrictive requirements shall apply. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1§§4. Conditional use permits. A conditional use permit shall be issued by the city for all subdivisions, site plans, and prior the erection or alteration of any building or land within the BCO. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1/~55. Boundary delineation. (a) Generally. Primary and Secondary zones shall be subject to the requirements estab- lished herein, as well as restrictions and requirements established by other applicable city ordinances and regulations. The Bluff Creek Watershed regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the overlay district applies. (b) Boundaries; maps. The Primary and Secondary'zones include land that is generally defined in this article and in the BluffCreek Watershed Natural Resources Management Plan. Boundaries as established by officially adopted city maps shall be prima facie evidence of the location and type of watershed zone. The official maps shall be developed and m~ir~t~ined by the planning department. The applicant shall provide appropriate technical information, including but not limited to, a topographical survey, flora and fauna survey and soil data deemed necessary for the city to determine the ~nct watershed zone boundary. The plsnning director shall make a determination to maintain the officially designated watershed zone Supp. No. 11 1297 § 20-1555 CHANHASSEN CITY CODE boundary or if the boundaries need to be corrected on city plans and maps based upon the data that is supplied.. Data for watershed zone ~lelineation shall be generated and provided by a qualified professional specializing in watershed management, environmental science or other related profession. The applicant may appeal the planning director's determination of the watershed zone boundary and type to the city council. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1556. Impervious cover and slopes. To the greatest extent possible, all development shall minimize the amount of impervious surface by clustering development, using common access drives and utility corridors and · minimizing building footprint size. Roads, walkways, bike trails, and parking areas must be designed parallel to natural contours with consideration to maintaining consolidated areas of · natural topography and vegetation. Management of surface run-offcaused by impervious cover shall be designed using practices delineated in the city's Best Management Practices Handbook. " Within the Secondary Zone of the BCO district, areas With average slopes exceeding twenty-five (25) percent shall be preserved in their natural state and maint-ined a~ permanent open space. Areas with average slopes less than twenty-five (25) percent but greater than ten (10) percent shall not exceed an 'unpervious surface coverage of twenty-five (25~-percent. Impervious coverage for a~eas where average slopes are less than ten (10) percent shall be governed by the underlying zoning district. Ord. No. 286,'§ 8, 12-14-98) 20-1557. Bluffs. Bluffs shall be preserved as provided for under Article XXVIIL Ord. No. 286, § 8, 12-14-98) ~ec. 20-1558. Site views. Through environmentally sensitive design such as "terrain adaptive architecture" (see 1), landscaping and site planning, site views both to and from the BCW district sb.!! be and enhanced to the grestest extent possible so as to maintain vi'ews that reflect and No. 11 1298 § 20-1562 CHANHASSF. N CITY CODE Sec. 20-1/i62. Natural habitat restoration plan. If natural habitat areas located within the Secondary Zone will be disturbed during any stage of development, the applicant shall submit a detailed plan identifying the resources that will be disturbed and a corresponding restoration and/or mitigation plan. Such restoration might include wetland mitigation and replanting of habitat significant to endangered and Ord. No. 286, § 8, 12-14-98) 20-1§63. Open space requirements. Open space shall comprise one hundred (100) percent of the area located within the Primary The city will establish the boundary for the Primary Zone using data provided by the Ord. No. 286, § 8, 12-14-98) 20-1/I64. Structure setbacks. All structures shall be setback a mioimum of forty (40) feet from the Pr/mary Zone. No ~e of the site shall occur within the first (20) feet of such setback. Ord. No. 286, § 8, 12-14-98) No. u 1302 [The next page is 1977] ~,.?~v ,-,. i ~ 2003 CITY OF CHANHA$SEN PROP( NOTICE District t~ at 9201 What H~ NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, MAY 20, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 77O0 'MARKET BLVD. SAt.: Development within .the 'Bluff Creek Corridor APPLICANT: Eric Theship-Rosales LOCATION: 9201 Audubon Road You am Invited to attend a public hearing about a proposal In your. area. The applicant, Eric ~z~ales, Is requesting a conditional uae pan, it for development within the Bluff Creek Overlay r the construction of an addition to a home on property zoned A2, Agrl~ Estate, located ~lubon Road. .. ~ 3pens at the Meeting: The purpose of this'public hearing I~ to Inform you about the applicant's request ~lnd to obtain Input from the neighborhood about this project. During the meeting, the Chair will lead the publlt hearing through the following steps: / 1. Staff ~ill give an overview of the proposed proJecL 2. The al~plicant will present plans on the project. 3. Corm 4. Publl~ (Publlah~ ants am received from the public. hearing Is closed and the Commission dlsousses the project.' and Comments: If you want to see the plans before the meeting, please atop by City Hall d~xlng % 8:00 a.m.'to 4:30 p.m., Monday through Friday. If YOu wtsh to talk to someone about INs proJeu% ntact Angela at 952-227-1132. If you choose to submit written comments, It Is'helpful to have one · department In advance of the meeting. Staff vail provide coplea to the Commission. J In the Chanhassan Villager on May 8, 2003.) PROPC NOTICE Theship- District f~ at 9201 NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JUNE 3, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. .~AL: Development within the Bluff Creek Corridor APPLICANT: Edc Theship-Rosales LOCATION: 9201 Audubon Road You am invited to attend a public hearing about a proposal In your area. The applicant, Eric ~,osales, is requesting a conditional use permit for development within the Bluff Creek Overlay r the construction of an addition to a home on property zoned A2, Agrlculturai Estate, located udubon Road. What Happens at the Meeting: The purpose of this public hearing is to Inform you about the applicant's request ~nd to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the publit hearing through the following steps: ! 1. Staff ~ill 2. The~ 3. Com~ 4. Publi, Questior office he please c copy to give an overview of the proposed project. )plicant will present plans on the project. ents am received from the public. heedng is dosed and the Commission discusses the project. and Comments: If you want to see the plans before the meeting, please stop by City Hail during rs, 8:00 a.m. to 4:30 p.m., Monday through Friday. ff you wish to talk to someone about this project, rfmct Angela at 952-227-1132. ff you choose to submit written comments, it is helpful to have one e department in advance of the meeting. Staff will provide copies to the Commission. (Publish, d in the Chanhassan Villager on May 22, 2003.) .. C/ty Of Chaeka u....b~.. -aoad · Smooth 5beetsTM Use template for 5160~ Dean Delger 9111 Road Chanhassen, 55317 George St. Martin 9231 Audubon Road Chanhassen, MN 55317 Eric Theship-Rosales 9201 Audubon Road Chanhassen, MN 55317 Address Labels .. Laser 5160® ·