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5 Subdivision 10500 Great Plain' CITY OF PC DATE: May 6, 2003 CC DATE: May 27, 2003 REVIEW DEADLINE: 7/13/03 STAFF REPORT PROPOSAL: LOCATION: APPLICANT: Request for subdivision approval to divide a parcel into two lots, Paws, Claws & Hooves, Inc. -- 10500 Great Plains Boulevard Paws, Claws & Hooves, Inc. 10500 Great Plains Boulevard Chaska, MN 55318 (952) 445-0503 William C. Griffith, Jr. Larkin, Hoffman Daly & Lindgren, Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, MN 55431-1194 (952) 835-3800 .W PRESENT ZONING: BF, Business Fringe District 2020 LAND USE PLAN: Office/Industrial ACREAGE: 13.16 acre DENSITY: NA SUMMARY OF REQUEST: The applicant is requesting subdivision approval to create two lots from one. Each lot would contain one of the buildings currently located on the property. The site is bordered by Highway 212 to the south and Highway 101 to the west. Access to the site would be from Highway 101 via a private street. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi judicial decision. Paws, Claws & Hooves May 6, 2003 Page 2 PROPOSAL/SUMMARY The owners of the property want to divide the property to create two separate lots. One lot will contain the kennel and the other will house the stable. Staff reviewed the Conditional Use Permit attached to this application and determined that this permit needs to be amended if a subdivision occurs. The reduction in the area of the property on which the stable is located reduces the number of horses that may be stabled from 35 horses to 27. Some of the animal enclosures from the kennel are located on the south side of the private street in parking spaces which will be located on the stable property once the subdivision is completed. Due to the potential for a change in ownership of the lots, the ongoing commercial operations will need to be located on the corresponding building lot. S_ ADJACENT ZONING AND LAND USE: N - A-2; large lot single family residential and abandoned Railroad Right-of-Way used for a regional trail A-2; Minnesota River Valley BF; Used car sales BF; existing Brooks Motel and Bluff Creek This property is located outside the current Metropolitan Urban Services Area (MUSA) and is scheduled to be brought in to MUSA in 2015. There is a natural wetland located along the south edge of the site. Bluff Creek is located to the southwest of the site which drains into the Minnesota River Valley (Wildlife Refuge). The site is covered with mature trees and brush. There are bluffs along the northern portion of the commercial kennel building. The building maintains the required setback from the bluff. Site Layout Sketch Plan Paws, Claws & Hooves May 6, 2003 Page 3 Staff is recommending approval of the subdivision, subject to the conditions of the staff report which include upgrading the private street and storm water system to comply with the subdivision ordinance and the dedication of a roadway and utility easement to facilitate the future extension of a road system should this area redevelop. BACKGROUND On February 8, 1988, the City Council approved a Conditional Use Permit for a Contractor's Yard on this site. Conditional Use Permits expire within one year unless substantial work/construction has taken place on the site. The applicants had delayed their construction of the improvements due to anticipated changes in their operation specifically for recycling. On February 27, 1989, the same application appeared before the City Council for an extension. The City Council moved to deny the extension. On September 12, 1994, the City Council approved Interim Use Permit (94-1 IUP) to provide outdoor storage for commercial dumpsters. Since then, the applicant sold their solid waste business and the site remains vacant. They stated at the time that they intend to start a new business; boarding animals, and therefore, they are proposing to build a commercial kennel and stable. On September 23, 1996, the City Council approved 1) Site Plan Review for the construction of a 8,152 square foot commercial stable and 12,936 square foot commercial kennel; 2) Conditional use permit to allow a commercial kennel and commercial stable in a Fringe Business District, and a conditional use permit to allow more than one principal building on a single lot; and 3) the City Council also approved the variance for the stable building being of metal construction, and denied the variance for the kennel building being of metal construction and approved a pylon sign in a BF, Fringe Business District. LANDSCAPING/TREE PRESERVATION Tree canopy coverage and preservation calculations are as follows: Total upland area (excluding wetlands): 12.9 ac. Baseline canopy coverage: 13% or 1.69 ac. Minimum canopy coverage allowed: 10% or 1.29 ac. Proposed tree preservation: 13% or 1.69 ac. Developer meets minimum canopy coverage allowed. UTILITIES There is no municipal water and sanitary sewer available to the site. As such, no utility improvements are proposed. The existing site is served by a well and septic system. An individual sewage treatment system (ISTS) schematic has been prepared for Lot 2. The results of the soil Paws, Claws & Hooves May 6, 2003 Page 4 borings and percolation tests for the two ISTS sites on the easterly lot must be submitted to the city for review. The on-site sewage treatment located on the westerly-proposed lot is an experimental system. This system is required to be monitored annually by means of inspection; the results of the monitoring/inspection were to be submitted to the City of Chanhassen. To date, we have not received any information regarding the monitoring or know if any monitoring has been done to this point. STREETS The site is accessible from State Highway 101 through an existing private 24-foot wide paved driveway. The plan proposed using the driveway to service both lots. The applicant should be aware that the common portion of the driveway will become a private street which will require a 26-foot pavement width, built to a 9-ton design, and 40-foot easement per City Code, section 18-57 (o). Also, it will require extending the common portion of the driveway pavement to the east property line of Lot 1. This will add additional impervious area to the site. A cross-access easement and maintenance agreement for both lots will need to be prepared and recorded for the common portion of the private street through Lot 1. To ensure proper access for future development, City Staff recommends that an easement for road and utility purposes be dedicated across the property. The easement would be 40 foot wide in the approximate location of the proposed private drive and extend to the east lot line of Lot 2. This easement would allow for construction of a public street if determined necessary at a future date, but would not have setback issues for the current proposal. The Minnesota Department of Transportation has stated that additional access to Trunk Highways 101 and 212 will not be allowed. Any site reconfiguration must use the existing access to Trunk Highway 101. COMPLIANCE TABLE Code Lot 1 Lot 2 Outlot A ROW (Highway 101) Total Area in sq. ft. (acres) 20,000 (0.459) 125,521 (2.88) 435,601 (10.0) 3,097 (0.71) 14,505 (0.333) 578,724 (13.28) Frontage (ft.) 100 Depth (ft.) 150 256 456 1,275 446 Setbacks: Front - 25 feet, side - 10 feet, rear - 20 feet, bluff- 30 feet, wetland - 40 feet from buffer edge with a 10 - 30 foot buffer, averaging 20 feet in width. (Note: This area is guided for Office/Industrial Uses in the Comprehensive Plan. When urban services are extended to this area, currently in the 2015 Metropolitan Urban Services Area (MUSA), the site could be rezoned to Industrial Office Park, lOP, and developed in one acre lots.) Paws, Claws & Hooves May 6, 2003 Page 5 WETLANDS There is one jurisdictional wetland on site. This wetland has been classified as a natural wetland in the City's Surface Water Management Plan. Its classification is based on delineation on the site conducted in 1992. The notes from this delineation classify the wetland condition as excellent seasonally flooded and wooded wetland, a possible example of pre-settlement wetland. It also notes a wide variety of wetland vegetation with five dominant species and sightings of 18 different plant species. The delineation indicates the source of water as surface water runoff and the route of outflow is a culvert to the Minnesota River. The size of the wetland according to the SWMP is 2 acres. City ordinances require a 10 to 30 foot buffer strip with an average of 20 foot width for natural wetlands. There is also a 40-foot setback from the buffer strip so the building setback should be from 50 to 80 feet averaging 70 feet away from the edge of the wetland. The current kennel and stable appear to conform to these setback requirements; however, the wetland buffer and wetland setback should be shown on the grading plan. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. BLUFFS It appears that there are bluffs on-site. All areas meeting the City's definition of a bluff should be shown on the grading plan. The toe of the bluff generally follows the 760 contour on the eastern side of the property and the 750 contour on the western side of the property. In addition, the bluff impact zone should be shown on the grading plan. The alteration of slopes and vegetation in bluff areas is regulated by City ordinance. GRADING~ DRAINAGE & EROSION CONTROL There are two existing buildings on the lot that are to be separated into two proposed lots. No grading and erosion control is proposed. The site sheet drains to the south toward the existing storm pond for treatment before discharging to a wetland along the south side of the property. The applicant should be aware that any additional impervious surface will require stormwater management improvements and storm pond sizing calculations to review before final plat approval. Existing stormwater runoff rates from the site must be maintained. STORM WATER MANAGEMENT The proposed development is required to maintain existing runoff rates. Easements Paws, Claws & Hooves May 6, 2003 Page 6 Drainage and utility easements should be provided over all existing wetlands, buffer areas and storm water ponds. Erosion Control If construction occurs on-site, Type m silt fence should be provided adjacent to all areas to be preserved as buffer. All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched, covered with a wood-fiber blanket or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. Surface Water Management Fees Water Quality Fees The water quality fees for this proposed development are based on commercial development rates of $7,008/acre. Because the lots are oversized to accommodate individual on-site sewage disposal and water systems,' the charge for each lot has been reduced to the charge that would be imposed on a one-half acre lot. Therefore, the total water quality fees are $7,008. If further subdivision of the property occurs, an additional charge will then be imposed less a credit for the charge previously paid. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Commercial developments have a connection charge of $5,171 per acre. Again, because the lots are oversized to accommodate individual on-site sewage disposal and water systems, the charge for each lot has been reduced to the charge that would be imposed on a one-half acre lot. This results in a water quantity fee of $5,171 for the proposed development. The total Surface Water Management Fees, due at the time of final plat recording, are $12,179.00. PARKS AND RECREATION The subdivision proposal to divide one 13.16-acre lot into two lots at Paws, Claws, and Hooves results in the creation of one "new" lot. This new lot is subject to park fee collection. In consultation with the City Attorney's office, it was determined that the smaller of the two lots will be assessed the charge. This method of calculation results in a significant savings for the applicant. The current 2003 park dedication charge is $7,000 per acre. Lot 1, Block 1 is 125,521 square feet or 2.88 acres. As a condition of approval for this application payment of a $20,160 park dedication fee charged against Lot 1, Block 1 is required. Paws, Claws & Hooves May 6, 2003 Page 7 PRIVATE STREET FINDINGS In order to permit private streets, the city must find that the following conditions exist: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of the private street will permit enhanced protection of the city's natural resources including wetlands and forested areas. Finding: The existing development of the site makes it unfeasible to construct a public street on the property due to the location of the existing buildings. Adjacent properties currently have access to the trunk highways. The provision of a public street, under the current development of the site, is not warranted. Should these properties come in for future subdivision when urban services are available, the city will re-evaluate the need for a public street. Dedication of a roadway easement will guarantee the ability of the City to meet a future demand for public access. However, the applicant will need to upgrade the access to the private street standards for commercial property which requires a 26 foot wide, nine ton pavement design within a 40-foot easement. An encroachment agreement would be necessary for the private street located within the roadway easement. SUBDIVISION FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the BF, Business Fringe District. 2, The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with applicable plans. . The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Paws, Claws & Hooves May 6, 2003 Page 8 Finding: The proposed site is suitable for development subject to the conditions specified in this report. . The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by individual wells and septic systems. The storm water ponding and private street will need to upgraded to city standards. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. . The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. Lack of adequate roads. Lack of adequate sanitary sewer systems. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision is provided with a private street, public roads abut the subdivision, individual sanitary treatment systems, and wells. The storm water system and private street will need to be improved to city standards. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: '°I'he Planning Commission recommends approval of the two lot subdivision for Paws, Claws & Hooves, Inc., plans prepared by James R. Hill, Inc., dated January 30, 2003, subject to the following conditions: The applicant must amend the Conditional Use Permit for the Commercial Kennel and Stable prior to the city recording the final plat. 2. Extend the common portion of the private street pavement to the east property line of Lot 1. Paws, Claws & Hooves May 6, 2003 Page 9 o Cross-access easements and maintenance agreements shall be prepared by the applicant and recorded against Lot 1. . A 40 foot public road and utility easement shall be dedicated from Trunk Highway 101 to the east property line of Lot 2. An encroachment agreement for the private street shall be signed by the applicant. The private street shall be built 26 feet pavement width and built to a 9-ton design. 5. All plans must be signed by a registered engineer. 6. Add silt fence along the south side of the widened driveway. , Any additional impervious surface will require storm water management improvements and storm pond sizing calculations be review before final plat approval. Existing storm water runoff rates from the site must be maintained. o The developer shall submit before and after hydraulic computations for both the 10 and 100 year rainfall events, existing and proposed drainage area maps, and storm drainage plans verifying that all existing drainage patterns and systems affecting Mn/DOT right-of-way will be perpetuated. . Submit the results of the annual on-site sewage treatment system monitoring plan as required by the conditions of the on-site plan approved in 1998 for the existing septic system. 10. Submit the results of the soil borings and percolation tests for the two ISTS sites on the easterly lot. 11. Pursuant to city ordinance, the applicant shall pay a $20,160 park dedication fee charged against Lot 1, Block 1 as part of the recording of the final plat. 12. All areas meeting the City's definition of a bluff should be shown on the grading plan. In addition, the bluff impact zone should be shown on the grading plan. 13. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs under the direction of City staff and pay the City $20 per sign. 14. Drainage and utility easements shall be dedicated over all existing wetlands, buffer areas and storm water ponds. 15. If construction occurs, Type 11I silt fence should be provided adjacent to all areas to be preserved as buffer. All upland areas disturbed as a result of construction activities shall be Paws, Claws & Hooves May 6, 2003 Page 10 immediately restored with seed and disc-mulched, covered with a wood-fiber blanket or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 16. Because the lots are oversized to accommodate individual on-site sewage disposal and water systems, the charge for each lot has been reduced to the charge that would be imposed on a one-half acre lot. The total Surface Water Management Fees, due at the time of final plat recording, are $12, 179.00. If further subdivision of the property occurs, an additional charge will then be imposed less a credit for the charge previously paid." ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Reduced Copy of Preliminary Plat 4. Reduced Copy of Existing Conditions 5. Letter from Robert Generous to William C. Griffith, Jr. dated 3/31/03 6. Letter from William C. Griffith, Jr. to Bob Generous dated 3/26/03 7. Letter from Robert Generous to William C. Griffith, Jr. dated 3/18/03 8. Letter from Sharon Anderson to Robert Generous dated 3/23/03 9. Public Heating Notice and Mailing List Paws, Claws & Hooves May 6, 2003 Page 11 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Paws, Claws and Hooves, Inc. for Subdivision approval. On May 6, 2003, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Paws, Claws & Hooves, Inc. for preliminary plat approval of property to subdivide one parcel of 13.16 acres in to two lots. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Fringe Business District, BF. 2. The property is guided in the Land Use Plan for Office/Industrial uses. 3. The legal description of the property is: (see Exhibit A) 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: (1) The proposed subdivision is consistent with the zoning ordinance; (2) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; (3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Paws, Claws & Hooves May 6, 2003 Page 12 (4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter subject to the conditions of the staff report; (5) The proposed subdivision will not cause environmental damage; (6) The proposed subdivision will not conflict with easements of record, but rather will expand and provide all necessary easements; and (7) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: ao Lack of adequate storm water drainage. Lack of adequate roads. Lack of adequate sanitary sewer systems. Lack of adequate off-site public improvements or support systems. o The planning report//2003-4 Subdivision dated May 6, 2003, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat. ADOPTED by the Chanhassen Planning Commission this 6th day of May, 2003. CHANHASSEN PLANNING COMMISSION ATTEST: BY: Its Chairman Secretary EXHIBIT A Ihat part of Government Lot 4, Section 36, Township 116, North Range 23 West of the 5th Principal Meridian, Carver County, Minnesota, which lies southerly of the southerly right-of-my line of the Chicago and North Western Railway Company (formerly Minneapolis and St. Louis Railway Company) and the northerly of the northerly line of State Highway No. 169 and No2 212, EXCEPTING therefrom that part contained in the following: That part of Government Lots 3 and 4, Section 36, Towns~p 116, Range 23, described as follows: Commencing at the West Quarter comer of said section; thence South along an extension of the west line of said Government Lot 4, a distance of I4.65 feet; thence northeasterly deflecting to the le~t i06 degrees 21 minutes 30 seconds, a distance of 1327.05 feet to the actual point of beginning of the tract of land to be described; thence continuing northeasterly along' last described course 170.35 feet; thence northwesterly deflecting to the left 89 degrees 15 minutes, a distance of 50 feet to a point marked by a Judicial Landmark; thence continuing northwesterly along last described course, a distance of 473.2 feet to a point marked by a Judicial Landmark; thence Northwesterly deflecting to the left 63 degrees 38 minutes, a distance of 40 feet to a_point marked by a Judicial . Landmark; thence southwesterly deflecting to the left 25 degrees 30 minutes: a distance of 146 feet to a point marked by a Judicial Landmark; thence southeasterly 545.52 feet to the actual point of beginning, a point being marked on the last described course by a Judicial Landmark; distant 50 feet northwesterly of actual point of beginning. And except that part of the South Half of the Northwest Quarter of Section 36, Township 116, Range 23, described as follows: starting at a point on the North right of way line of Trunk Highway No. 169 which point is 50 feet North of the center line ortho pavement at a point 1487.4 feet Northeasterly from the West line of said Section 36 as measured along the center line of said pavement and nmning thence North 13 degrees 32 minutes West or at.an angle of 89 degrees 15 minutes with said pavement a distance of 473.2 feet; thence North 77 degrees 10 minutes West,. 40 feet; thence South 77 degrees 20 minutes West, 146 feet; thence Southeasterly 501 feet to the North right of way line of said tnmk Highway 'and thence Northeasterly along said right of way line 171 feet to place of beginning. And EXCEPT that part of said Government Lot 4 lying easterly of the follovdng described line: Commencing at the West Quarter comer of said section; thence South along an extension of the west line of said Government Lot 4, a distance of 14.65 'feet; thence northeasterly deflecting to the left 106 degrees 2'1 minutes 30 seconds, a distance of 1487.40 feet-to the actual point of beginning of the line to be described; thence northwesterly deflecting to the left 89 degrees 15 minutes to the south line of said Chicago and North Western Railway Company and said ;line there termiml~g. Abstract Property. !~)~106 ~_.~. !~1 56318 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION .APPLICANT: ADDRESS: Paws Claws & Hooves, Inc. 10500 Great Plains Blvd. Chaska, MN 55318 TELEPHONE (Daytime) 952-445-0503 OWNER: ADDRESS: TELEPHONE: Same as Applicant · Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit __ Non-conforming Use Permit PJanned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* Subdivision' Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SP~P/Metes and Bounds,(~00 Minor SU...~ TOTAL FEE $ 550.00 A list of all property owners within 500 feet of the boundaries of the property must be included with the appligatio~ *To be supplied by City :Building material samples must be submitted with site plan reviews. "Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of t~_~~...,~'~ each plan sheet. '* Escrow will be required for other applications through the development contract NOTE -When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME Paws Claws & Hooves LOCATION 10500 Great Plains Blvd., Highways 10I and' 16.9 LEGALD£SCRIPT~ON ~ee olat drawings TOTAL ACREAGE 13.16 WETLANDS PRESENT x YES ~NO PRESENT ZONING REQUESTED ZONING Business Fringe -- No change PRESENT LAND USE DESIGNATION Office - Industrial · _ REQUESTED LAND USE DESIGNATION No change '- ~EA$ONFORTHI$ REQUEST Split stable and kennel areas into two lots. Comply with one building per lot rule. -this application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning DeparZment to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. 'Th~ is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This applica!ion should be processed in mY name and I am the party whom 'the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of-Title, Abstract of Title or purchase agreement), or I am the authorized person to make this applica/ion and the fee owner has also signed this application. I w~ keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my,knowledge. , The c'~ hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Signature ~f Applic _~nt-~ Signature of Fee Owner App]ication Rece'~ved on ~..~/ / ~/ /O ~ Date Date Fee Paid Receipt No. 'The appTicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. :if not contacted, a copy of the report will be mailed to the applicant's address. CITYOF TL)0" ,,.~.'<e~ Boulevard PO Sox 147 , .,: .,,:*;~:. MN 55317 Administration D,--. -,:3 9~,7 , _:: ...... 1!00 :-:,:. }:..:_.227 1110 Building Inspections P-':..r:~: '?:2.227.1180 Engineering ?'-:'~e 7-;2.227.1160 ,-: -, '~T - t- Finance :-_'"~ ;E2.227 i!40 Park & Recreation -- .... :92.227 1!20 ::, ::_. ZL':: _.-e' :-: :: -:.5. 227 1400 : :2 _27 Planning & Natural Resources " '--' 227 1!30 :.' 27 !110 Public Works · ~': :.:.; ..... :" :'::' ::2 2'27 1300 :a, Senior Center -~ .'L~227 1125 ': :~'~ ~10 .' . :.,_.:. Web Site March 31, 2003 Mr. William C. Griffith, Jr. Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, MN 55431-1194 Re: Paws, Claws & Hooves, Inc. Application for Lot Split Dear Mr. Griffith' In the city's judgement, Minn. Statute § 15.99 does not apply to this application. Since you believe that it does apply, we are processing the application, regardless of the completeness of the application. However, due to the delay in beginning the review, the city will be unable to complete the development review process within 60 days of the original submittal (submitted March 14, 2003). We are therefore notifying you that the city will be taking up to an additional 60 days to complete the development review for the project, which would extend the review period to July 13, 2003. Additionally, you will need to install a development proposal sign on the property and pay a $50.00 rental fee and $100.00 deposit. Once the fee and deposit are paid, you can go to the city's public works building at 1591 Park Road to pick up the sign for installation. The project has been scheduled for review by the Planning Commission on May 6, 2003. If acted upon by the Planning Commission, it would be sent to the City Council May 27, 2003. If you have any questions, please contact me at (952) 227-1131. Robert Generous, AICP Senior Planner The City of Chanhassen · r~ r:r ', ''' ' : : : :' ' ' · ' -: ., . · - '. -'-." ; "i7': "t Z '"":.;,', '. :h:;,,.'~:; :,.s::-.q:;:F:;. ,',,;% :'; "~;i:_: .::;:: i>:~i?;':..:~ :_.~:~:; 3, 7'-:::: p -L::_ :o live. work. and Ca,/. ROBERT L. HOFEMAN GERALD H. FRIEOELL EDWARD J. DRISCOLL JOHN O. FULLMER FRANK I. I-L~RVEY CHARLES S. MODELL CHRISTOPHER J. DIETZEN LINDA H. FISHER THOMAS P. STOLTMAN MICHAEL C. JACKMAN JOHN E. DIEHL JON S. SWIERZEWSKI THOMAS J. FLYNN JA~JES P. QUINN TODD I. FREEMAN GERALD L. SECK JOHN B. LUNDQUIST DAYLE NOLAN * JOHN A. Co~-rER * PAUL B. PLUNKE'FI- KATHLEEN M, PICOTTE NEWMAN GREGORY E. KORSTAD GARY A. VAN CLEVE * TIMOTHY J. KEANE MICHAEL W. SCHLEY TERRENCE E. BISHOP GARY A_ RENNEKE CHRISTOPHER J. HARRISTHAL KENDEL J. OHLROGGE BRUCE J. DOUGLAS WILLIAM C. GRIFFITH, JP~ * JOHN R. HILL PETER J. COYLE LARRY D. MARTIN JANE E. BREMER JOHN J. STEFFENHAGEN MICHAEL J. SMITH ANDREW F. PERRIN RONALD S. LONDON FREOERICK W, NIEBUHR LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 WELLS FARGO PLAZA 790O XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431-1194 TELEPHONE (952) 835-3800 FAX (952) 896-3333 WILUAM G. THORNTON DOUGLAS M. RAMLER LYNN M. STARKOVICH STEPHEN J. KAMINSKI THOMAS F. ALEXANDER DANIEL T. KADLEC ADAM S. HUHTA * SUSAN F. BULLARD * KENNETH COREY-EDSTROM ANN M. MEYER JAMES M. SUSAG * DANIEL J. BALLINI'INF JEFFREY D. CAHILL JOSEPH J. FITTANTE, JR. THOMAS J. OPPOLD ** CYNTHIA M, KLAUS MARK D. CHRISTOPHERSON NEAL J. BLANCHE'IT TAMARA O'NEILL MORELAND JAMES A. MCGREEVY, III THOMAS A. GUMP * TODD A. TAYLOR CHRISTOPHER J, DEIKE GENEVIEVE A. B~CK DIONNE M. BEN,SON JEREMY C. STIER JOANI C. MOBERG CHRIS M. HEFFELBOWER MICHAEL A. ESSIEN ANNE M. OLSON OF COUNSEL JAMES P. LAP, KIN JACK F. DALY D. KENNETH LINDGREN ALSO ADMITTED IN WISCONSIN ONLY ADMITTED IN IOWA March 26, 2003 Mr. Bob Generous City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Paws, Claws and Hooves Application for Lot Split; Our File 22,253-00 Dear Bob' Thank you for your letter of March 18, 2003. We have reviewed Paws, Claws, and Hooves existing approvals, consisting of a conditional use permit, site plan permit, and variance issued September 23, 1996. These approvals do not prohibit a lot split, nor do they require a new CLIP in the event of a lot split. The prior approvals specifically reference the site plan, grading and drainage plan, erosion control plan, and building elevations. None of these specifically-referenced plans are proposed to change. There is no indication that a new conditional use permit is required. With regard to the other requests, please note that no changes are propoSed to the improvements on the property, nor have the owners made alterations to the natural features present for prior approvals. We have reviewed the City Code § 18.40, setting forth the required data for plat applications, and we have included that information with the application. We therefore request the City's acceptance and review of the subdivision application without a new conditional use permit application, and without imposing additional requirements beyond those in the City Code. State law governing the review of applications provides that the City's review period begins when the City receives an application "containing all information required by law or by a previously adopted rule, ordinance, or policy." Minn. Stat. § 15.99. We are including the original application with this correspondence so that the City may continue review and schedule the appropriate public hearings. Please notify us when this matter is scheduled for hearing. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Bob Generous March 26, 2003 Page 2 S jin~c eJd3(' . ~lli~~t~th, Jr., for ~~, HOFFMAN, DALY & ~rDGREN, cc: Patrick and Nancy Lee Blood Ltd. 845016.1 Mr. William C. Griffith, Jr. March 18, 2003 Page 2 Private streets for commercial and industrial development must be 26 feet pavement width, nine-ton design within a 30 foot easement (sec. 18-57). Please provide the typical road section for the private street and show the private street on the plan. If the applicants are requesting a variance from the standards, they will need to incorporate that in their development review application with payment of the applicable fee. I am returning your check as well as the development review application form. Please resubmit the application with the appropriate fees and revised plan sheets. If you have any questions or need additional information, please contact me for the application requirements, Lori Haak, Water Resources Coordinator, for the wetland and bluff information, or Matt Saam, Assistant City Engineer, for the storm water and private street information. Robert Generous, AICP Senior Planner C~ Lori Haak, Water Resources Coordinator Matt Saam, Assistant City Engineer Enclosures Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 April 23, 2003 Mr. Robert Generous City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Dear Mr. Generous: SUBJECT: Paws, Claws & Hooves Plat Minnesota Department of Transportation Review #P03-040 E of TH101 / N of TH212 Chanhassen, Carver County Control Section 1013 The Minnesota Department of Transportation (Mn/DOT) has reviewed the above referenced plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further development, please address the following issues: Additional access to Trunk Highway 101 or Trunk Highway 212 will not be allowed. When access points increase along a highway, they degrade its capacity and safety. If any site reconfiguration should occur the design must take advantage of the existing access to Trunk Highway 101. The proposed development will need to maintain existing drainage rates (i.e., the rate at which storm water is discharged from the site must not increase). The City or project developer will need to submit before/after hydraulic computations for both 10 and 100 year rainfall events, existing and proposed drainage area maps, and storm drainage plans verifying that all existing drainage patterns and systems affecting Mn/DOT right of way will be perpetuated. Please direct questions concerning these issues to Katie Heinz (651-634-2407) of Mn/DOT's Water Resources section. Any use of or work within Mn/DOT right of way must be justified and requires a permit. Please direct questions regarding permit applications to Keith VanWagner (651-582-1443) of Mn/DOT's Permits section. Please send a copy of the final plat for MrdDOT review to the following address: Bruce Wetherbee Mn/DOT - Metro West Surveys 2055 N. Lilac Drive Golden Valley, MN 55422 Phone: (763) 797-3110 An equal opportunity employer City of Chanhassen April 23, 2003 Page 2 Please address all future correspondence for development activity such as plats and site plans to: Paul Czech Mn/DOT - Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's review and response to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. Sincerely, Sharon Anderson Transportation Planner Cc~ John Freemyer / Carver County Surveyor Roger Gustafson / Carver County Engineer James R. Hill, Inc. NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, MAY 6, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Subdivision Request APPLICANT: Paws, Claws & Hooves LOCATION: 10500 Great Plains Blvd. NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Paws, Claws & Hooves, Inc., is requesting subdivision approval to divide a 13.16 acre lot into two lots on property zoned BF, Business Fringe District and located at 10500 Great Plains Boulevard, What Happens at the Meeting: 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 following steps: 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. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this hearing was published in the Chanhassen Villager on April 24, 2003. 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