10-09 Conditional Use Permit & Variance RECORDED 11-17-2010"4
Document No. OFFICE OF THE
A 52 910 9 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
CITY OFF
Fee: $46.00 Receipt#:
DEC 2 i 2010 Certified Recorded on 11/17/2010 at 11:23 MQ PM
529109
ENCINEC: =iiiNG DEFT.
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County ecorder
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
CONDITIONAL USE PERMIT AND VARIANCE #10 -09
1. Permit. Subject to the terms and conditions set forth herein, the City of
Chanhassen hereby grants a conditional use permit to permit development within the Bluff Creek
Overlay District with a Variance for encroachment into the Primary Zone to grade and construct a
stormwater pond and wetland mitigation in conjunction with the Pioneer Pass development.
2. Property. The permit is for the following described property ( "subject property ") in
the City of Chanhassen, Carver County, Minnesota:
The East Half of the Northeast Quarter of Section 27, Township 116 North, Range 23 West, Carver County,
Minnesota, EXCEPT that part taken for highway purposes described as Parcel 60 of MINNESOTA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10 -20 recorded as Doe. No. 393960
3. Conditions. The permit is issued subject to plans dated June 4, 2010 prepared by
James R. Hill, Inc. and subject to the following conditions:
a. Wetland must be protected at all times from impact.
b. Every reasonable effort must be made to avoid impacting more area than need be. Where
desirable native vegetation is present, avoidance should occur unless to do so would
prevent the applicant or their agent from fulfilling the intent of the encroachment.
Signage shall be posted at the property corners indicating the Bluff Creek Overlay District
boundaries. The applicant and City shall work together to best determine location,
aesthetic and message.
d. Bluff Creek shall be shown and identified on the plan set.
e. Vegetative enhancement will be needed within the Bluff Creek Overlay District in
addition to the mitigation area. This area shall be planted with a native seed mix
appropriate to the area. Trees shall be planted on the south side of the pond for
temperature control as well as screening from the residences.
The SWPPP, erosion control and grading plans shall be revised to include all erosion and
sediment best management practices.
g. The outlet for Pond 6 is to be moved so that the discharge point is approximately 75 feet
from the proposed location. The FES can then be pulled back so it remains outside of the
BCOD. Energy dissipation and soil stabilization best management practices such as
ScourStopTM, Erosion Control Blanket P42TM or similar shall be used in addition to rip -
rap (18 -62).
h. The applicant shall develop a restoration plan including native plants for the Bluff Creek
Overlay district north of Block 1. The plant species shall be selected from the Bluff
Creek Management Plan Appendix C. The final plan must be reviewed and approved by
the city before installation.
Signage for the Bluff Creek Overlay District must be posted on every other property
corner and at major lot angle changes where residential yards meet the primary zone.
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.
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Dated: July 12, 2010
CITY OF CHANHASSEN
"�
By: , A
Thomas A. Furlong, Ma r
By: J\
odd Gerhar t, 1ty Manager
61 VWX r • unuu Wi f j
COUNTY OF CARVER
( ss
The foregoing instrument was acknowledged before me this A34 day of ,
2010, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the Cit f Cha assen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council.
Notary tolic
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
g: \plan\2010 planning cases \10 -09 pioneer pass \cup with variance.doe
KAREN J.ENGELHARDT
Notary Public- Minnesota
i;; „• ° My Commission Expires Jan 31, 2015
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