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2 CUP 1560 Bluff Creek DriveCiTY OF PC DATE: June 19, 2001 CC DATE: July 9, 2001 REVIEW DEADLINE: 7/23/01 CASE #: 01-4 CLIP By:A1-Jaff/Haak/Saam:v --- STAFF REPORT PROPOSAL: LOCATION: APPLICANT: Conditional Use Permit for the construction of two accessory buildings and a horse ring within the Secondary Bluff Creek Overlay District. 1560 Bluff Creek Road, Northwest of Bluff Creek Drive and south of Pioneer Trail. John Klingelhutz 1560 Bluff Creek Road Chanhassen, MN 55317 (952) 448-3330 (952) 233-1597 PRESENT ZONING: ACREAGE: 120 acres A-2, Agricultural Estate District DENSITY: 0.008'units per acre 2020 LAND USE PLAN: Residential Low Density (Net Density Range 1.2- 4 Units per Acre) ltl SUMMARY OF REQUE~ST: The applicant is requesting a conditiOnal use permit for the construction of two accessory buildings and a horse ring within the Secondary Bluff Creek Overlay District. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF DISCRETION IN DECISION-MAKING: The City has limited, discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. arvn Rd Klingelhutz June 19, 2001 Page 2 PROPOSAI~ SIIMMARY The applicant is requesting a conditional use permit for the construction of two accessory buildings and a horse ring within the Secondary Bluff Creek Overlay District. The Bluff Creek Overlay District ordinance requires the following: Sec. 20-1554. Conditional use permits. A conditional use permit shall be issued by the city for all subdivisions, site plans, andprior the erection or alteration of any building or land within the BCO. The site is located northwest of Bluff Creek Drive, south of Pioneer Trail, and west of Bluff Creek Golf Course. It is zoned Agricultural Estate District. Access to the site is gained via Bluff Creek Drive. The site has an area of 120 acres. Sec. 20-1564. Structure setbacks. All structures shall be setback a minimum of forty (40)feet from the Primary Zone. No disturbance of the site shall occur within the first (20) feet of such setback. The proposed horse ring will maintain a distance of 40 feet from the primary zone with 20 feet of no disturbance from the edge of the primary zone. The barn, with an area of 20,280 square feet, is proposed to maintain a 140-foot setback from the primary zone. 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-off caused 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 (~.q) percent shall be preserved in their natural state and maintained as permanent open ,wace. Areas with average slopes less than twenty-five (25) percent but greater than ten (10) percent shall not exceed an impervious surface coverage of twenty-five (25) percent. Impervious coverage for areas where average slopes are less than ten (10) percent shall be governed by the underlying zoning district. The grading limits for the horse ring are proposed over areas with an average slope that exceeds 25%. Staff is recommending the applicant adjust the grading limits by shifting the horse ring to the south and avoiding slopes with grades that exceed 25%. Klingelhutz June 19, 2001 Page 3 In summary, with the incorporation of staff recommendations, the proposed conditional use permit meets ordinance requirements, and staff is recommending approval with conditions outlined in the staff report. GRADING Proposed site grading includes cutting down a large knoll along the north side of Bluff Creek Drive, flattening a steep slope for the horse ring, and leveling for each of the proposed building pads. All of the proposed grading is outside of the Bluff Creek overlay primary corridor but is within the secondary corridor. Care should be taken with the grading activity near the septic area. Construction equipment should not be operated over the septic area to avoid damaging the existing septic system. DRAINAGE Staff has a couple of concerns with the proposed drainage patterns. First, the proposed grading on the south side of the smaller building appears to block a drainage swale that flows to the north under existing conditions. There is also an existing culvert under Bluff Creek Drive which discharges stormwater to this swale. Staff is recommending that the proposed grading within the swale be revised to eliminate the ponding of water within the area. Further topographic detail may be required to ensure that the swale area will drain. Staff is also concerned with the relatively flat area along the east side of the proposed large building. Staff is recommending that the applicant better define a drainage swale along the east side of the building. Further, the applicant should maintain a minimum 2% slope across all pervious areas on the site. This would minimize the possibility of standing water on the site. ERO~qION CONTROl, Proposed erosion control consists of silt fence along the northeasterly corner and easterly sides of the site at the bottom of each slope. A wood fiber blanket will also be required over the steep slope on the east side of the proposed horse ring. CONDITIONA I, I I~qE PERMIT Buildings and site alteration are permitted within the Secondary Zone of the Bluff Creek Overlay District as a conditional use. The following constitutes staff's review of this proposal against conditional use permit standards. GENERAL ISSUANCE STANDARDS lo Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Klingelhutz June 19, 2001 Page 4 2, e 0 Se FINDING - The site is zoned A-2. 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 comprehensive plan and this chapter. FINDING - The proposed use is consistent with the City Comprehensive Plan. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. FINDING - The site is located in an Agricultural Estate District. A barn and a horse ring are uses that are permitted within the district. Will not be hazardous or disturbing to existing or planned neighboring uses. FINDING - There will be no measurable impacts to the 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 services provided by the persons or agencies responsible for the establishment of the proposed use. FINDING - The site is located outside the Municipal Urban Service Area. The subject site utilizes an on site Individual Septic Treatment System. Access to the site is provided via Bluff Creek Drive. The site will be able to accommodate the proposed use. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. FINDING - Staff is not aware of any excessive requirements for public facilities. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Klingelhutz June 19, 2001 Page 5 FINDING - This site will not create adverse impacts to persons, property or the general welfare of the area. The proposed use will comply with city ordinances. ge Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. FINDING - The site is accessible from Bluff Creek Drive. The horse ring and the barn will be used as a private stable. Therefore, staff does not anticipate any heavy traffic. e Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. FINDING - The development of this site will not result in the loss of any features with the incorporation of staff's conditions. 10. Will be aesthetically compatible with the area. FINDING ~ The proposed shed and horse barn will be compatible with the area. 11. Will not depreciate surrounding property values. FINDING - The use will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. FINDING - N/A. Based upon the foregoing findings, staff is recommending that the conditional use permit be approved with appropriate conditions. RECOMIVW~NDA TION "The Planning Commission recommends approval of Conditional Use Permit # 01-4 to allow construction within the Secondary Zone of Bluff Creek Overlay District in an A-2 District, for a barn, shed and a horse ring, as shown on the plans dated received May 21, 2001, subject to the following conditions: 1. The applicant adjusts the grading limits by shifting the horse ring to the south and avoiding slopes with grades that exceed 25%. 2. The applicant enters into a conditional use permit agreement with the city. Klingelhutz June 19, 2001 Page 6 All disturbed areas shall be revegetated with a combination of the native vegetation listed in the Maple-Basswood Forest and Mesic Oak Forest communities of Appendix C of the Bluff Creek Natural Resources Management Plan ("Bluff Creek Environmental Corridor Common Plant Species of Natural Communities"). 4. The applicant shall apply for a stable permit. 5. Show the existing tree line that enters the site from the east. 6. Add a legend to the plan that defines the many different colored lines. 7. Add the benchmark to the plan that was used for the site survey. 8. Show the location of the existing culvert and nearby curb-cut off of Bluff Creek Drive. 9. Show the proposed finished floor elevation for the small building. 10. Revise the proposed grading within the existing swale to eliminate the ponding of water. 11. Show a proposed drainage swale along the east side of the large building. 12. All disturbed drainage swale areas on the site shall .maintain a minimum 2% slope. 13. A wood fiber blanket will be required over the steep slope on the east side of the proposed horse ring." ATTACHMF~NTS Io Application & Notice of Public Hearing and mailing list. Plans dated received May 21, 2001. Appendix C of the Bluff Creek Natural Resources Management Plan ("Bluff Creek Environmental Corridor Common Plant Species of Natural Communities") g:XplanXsaXklingelhutz-cup.doc CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION ~%PPI] ~Z~TT: John Klinqelhutz ADDRES~ 1 560 Bluff Creek Road Chaska, MN 55318 -/ELEPHON5 (Day time) ( 952 ) 448- 3330 OWNER: John Klingelhutz ADDRESS: 1560 Bluff Creek Road Chaska, MN 55318 TELEPHONE: (952) 233-1 597 -__ Comprehensive Plan Amendment ~ Cor'~tional Use Permit interkn Use Permit ~ Non-conforming Use Permit P~ned Unit Development* Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit Zoning Appeal __ Zoning Ordinance Amendment Sign Permits X. Grading Permit Review .' __ SiteP, lan Review* Notification Sign Escrow for Filing Fees/Attorney Cost** ($50 CU P/SP RNAC/VAR/WAP/Metes and Bounds, $400 Minor SUB) ' SubdMsion' TOTAL FEE $ /..-.. _5- --- A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Bm'ld'mg material samples must be submitted with site plan reviews. "'l'werffy-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of ~ransparency for each plan sheet. will be required for other applications through the development contract .~lDT~-W,hen Tnu]~iple applications are processed, the appropriate fee shall be charged for each application. ~QJECTNAME Horse Ring 1560 Bluff Creek Road 3_EG;~DESCR~TION See Survey 120 Acres ~DTALACREAGE 1~-TI.~DS PRESENT o ,P~ZONING l ~ ZONING AG 2~RESENT LAND USE DESIGNATION 3:~=D~ LAND USE DESIGNATION FOR ~)S REQUEST YES X NO Gradinq Permit "l'h~s ~pplication 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 .D~ t~ determine the specific ordinance and procedural requirements applicable to your application. A deterrn~n~on of completeness of the application shall be made within ten business days of application submittal. A written ~ z~f application deficiencies shall be mailed to the applicant within ten business days of application. "Th~ ~s lo cert~y that 1 am making application for the described action by the City and that ! am responsible for complying with all City requirements with regard to this request. This applicat, ion should be processed in my name and I am the party whom 1he City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of-Title, Abstract of Title or purchase agreement), or ! am the authorized person to make .this ~.nplic~t;on and the fee owner has also signed this application. 1 .w~'ll 'keep myseff informed of the deadlines for submission of material and the progress of this application. I further ~nderstand 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 'J'he c3ty'here~:5, notifies the applicant that development review cannot be completed within 60 days due to public hearing ~equ'~'ements 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 .~,p,~ions are approved by the applicant. Receipt No. "J'he applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. ~f.rmt coatacted, a copy of the report will be mailed to the applicant's address. NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JUNE 19, 2001 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Conditional Use Permit APPLICANT: John Klingelhutz LOCATION: 1560 Bluff Creek Drive NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, John Klingelhutz, is requesting a conditional use permit for construction of two accessory buildings and a horse ring within the Secondary Bluff Creek Overlay District. The site is located at 1560 Bluff Creek Drive. 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 Sharmin at 937-1900 ext. 120. 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 public hearing has been published in the Chanhassen Villager on June 7, 2001. M/kR.¥ EDNA BRAUN 1545 BLUFF CREEK DR CHASKA MN 55318 HAROLD & MARY HESSE 1425 BLUFF CREEK DR CHASKA MN 55318 ARlltUR B JOHNSON 17448 FRONDEL CT EDEN PRAIRIE MN 55347 CRAIG & GINNY VLAANDEREN 1450 WEST FARM RD CHASKA MN 55318 BLUFF CREEK GOLF ASSOC 1025 CREEKWOOD DR CHASKA MN 55318 KENNETH O & JUDY M EIDE 1500 WEST FARM RD CHASKA MN 55318 PALIL & A SYMANITZ 1505 BLUFF CREEK DR CHASKA MN 55318 ROBERT R JR & MARY C FAFINSKI 8796 COTTONWOOD LN EDEN PRAIRIE MN 55347 JOHN KLINGELHUTZ 1560 BLUFF CREEK RD CHASKA MN 55318 THOMAS L & SANDRA K CARAVELLI 6423 MERE DR EDEN PRAIRIE MN 55346 SEVERIN H PETERSON & SHARON PETERSON 15900 FLYING CLOUD DR EDENPRA/RIE MN 55344 BRADLEY S & HEIDI R MOE 14372 WESTRIDGE DR EDEN PRAIRIE MN 55347 JOHN KLINGELHUTZ 1560 BLUFF CREEK RD 55318 BRADLEY S & HEIDI R...MOE 14372 WESTRID~ ED~ MN 55347 ALBERT & KAREN M DORWEILER 1565 BLUFF CREEK DR CHASKA MN 55318 MAXWELL F & JULIANEMTISCH 1600HESSE FARM RDW CHASKA MN 55318 MICHAELG &KATHY AARNOLD 1400HESSEFARMRD CHASKA MN 55318 JEFFREY A PODERGOIS 1620 WEST FARM RD CHASKA MN 55318 ROBERT G & JIYDY STEFFES 1350 HESSE FARM RD CHASKA MN 55318 ,~ Porcel "D 45,6 acre. Appendix C -- Bluff Creek Environmental Corridor Common Plant Species of Natural Communities Resource: Minnesota's St. Crolx River Valley and ,~loka Sandplaln: ^ Guide to Native Habitats: Minnesota Department of Natural Resources, Natural Heritage Program.