2. Bluff Creek WoodsPROPOSED MOTION:
"The Chanhassen Planning Commission recommends that City Council approve the rezoning,
preliminary plat with variances and the conditional use permit subject to the conditions of the staff
report and adoption of the Findings of Fact and Recommendation.
SUMMARY OF REQUEST: The developer is requesting the Rezoning of property from
Agricultural Estate District (A -2) to Single - Family Residential District (RSF); Subdivision into
three lots and one outlot with Variances for a neck lot and the construction of a private street; and a
Conditional Use Permit to allow development within the Bluff Creek Overlay District for the
development known as Bluff Creek Woods.
LOCATION: 7331 Hazeltine Boulevard (PID 25- 0090400)
APPLICANT:
Martin Schutrop
540 Lakota Lane
Chaska, MN 55318
(612) 840 -8251
schutropa,att.net
PRESENT ZONING: Agricultural Estate District (A -2)
2020 LAND USE PLAN: Residential Low Density
ACREAGE: 3.57 acres DENSITY: Gross: 0.84 units per acre; net: 1.09 units per acre
LEVEL OF CITY DISCRETION IN DECISION - MAKING:
The City has a relatively high level of discretion in approving a rezoning because the City is
acting in its legislative or policy - making capacity. A rezoning must be consistent with the City's
Comprehensive Plan.
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.
The City's discretion in approving or denying a variance is limited to whether or not the
proposed project meets the standards in the Subdivision Ordinance for a variance. The City has
a relatively high level of discretion with a variance because the applicant is seeking a deviation
from established standards. This is a quasi-judicial decision.
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Planning Commission
Bluff Creek Woods — Planning Case 2013 -09
May 21, 2013
Page 2 of 12
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.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL /SUMMARY
The applicant is requesting to Rezone the property from Agricultural Estate District (A -2) to
Single - Family Residential District (RSF); Subdivision with Variances for a neck lot and the
construction of a private street; and a Conditional Use Permit to allow development within the
Bluff Creek Overlay District. The property currently has one single - family residence on it. The
applicant proposes to divide the property into three (3) residential lots and one outlot. The
property is currently wooded with mature oaks and provides a nexus for drainage of TH 41 right -
of -way and trail to the large wetland complex which is the source for Bluff Creek.
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Chapter 18, Section 18 -22, Variances
Chapter 20, Article II, Division 2, Amendments
Chapter 20, Article IV, Conditional Uses
Chapter 20, Article VI, Wetland Protection
Chapter 20, Article XII, "RSF" Single - Family Residential District
Chapter 20, Article XXXI, Bluff Creek Overlay District
There is an existing single - family home located on the property. The house was built in 1966.
The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to
protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through
the use of careful site design and other low- impact practices. This parcel is partially encumbered
by the Bluff Creek primary zone.
In 2001, the city undertook utility expansion in the BC -7 and BC -8 sewer subdistricts. This
utility improvement brought sanitary sewer and water service from Galpin Boulevard to the west
side of Highway 41.
The applicant is proposing the rezoning of the property from Agricultural Estate District (A -2) to
Single - Family Residential District (RSF). The property is guided for Residential Low Density use.
Zoning categories consistent with this designation are Single - Family Residential District (RSF),
Mixed Low Density Residential District (R -4), Residential Low and Medium Density Residential
District (RLM) or Planned Unit Development Residential (PUD -R). The RSF district is the primary
Planning Commission
Bluff Creek Woods — Planning Case 2013 -09
May 21, 2013
Page 3 of 12
zoning category used for single - family development. Of the land guided for residential low density
uses, 78 percent (3,683 acres of 4,702 acres guided Residential Low Density) is zoned RSF district.
The proposed rezoning of the property to RSF is consistent with the City's Comprehensive Plan.
SUBDIVISION REVIEW
The applicant is proposing a three -lot subdivision
with access provided via a private street. Outlet A is
part of the Bluff Creek primary zone and will be
preserved as permanent open space. A conservation
easement shall be recorded over Outlot A as well as
over the southeast portion of Lot 1, the southeast and
east portion of Lot 2 and the eastern portion of Lot 3,
which are all part of the Bluff Creek primary zone.
Lot 3 is classified as a flag or neck lot.
Staff is recommending approval of the preliminary
plat subject to the conditions outlined in the staff
report.
STREETS AND ACCESS
The property is east of State Highway 41. The existing home on the subject property shares an
access with the home to the north. The two additional lots proposed would also share this access
to Highway 41. The driveway to Lot 3 will extend between the two existing driveways. The
developer proposes to utilize a portion of the driveway on Lot 2 to provide access to Lot 1. Staff
supports the shared access; however, the common portion is recommended to extend to the
existing turnaround on Lot 2 in order to minimize impervious surface, save trees and to provide a
better driveway grade to Lot 1.
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The property is east of State Highway 41. The existing home on the subject property shares an
access with the home to the north. The two additional lots proposed would also share this access
to Highway 41. The driveway to Lot 3 will extend between the two existing driveways. The
developer proposes to utilize a portion of the driveway on Lot 2 to provide access to Lot 1. Staff
supports the shared access; however, the common portion is recommended to extend to the
existing turnaround on Lot 2 in order to minimize impervious surface, save trees and to provide a
better driveway grade to Lot 1.
The developer must provide proof that the common portion of the driveway to Lots 1 and 2
meets a 7 -ton design. If the existing driveway does not meet this standard the developer must
install the 7 -ton driveway and submit an escrow with the final plat to ensure that the driveway
meets this specification. The driveway easement shall be recorded as a separate document; all
references to the driveway easement shall be removed from the preliminary plat.
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The developer must provide proof that the common portion of the driveway to Lots 1 and 2
meets a 7 -ton design. If the existing driveway does not meet this standard the developer must
install the 7 -ton driveway and submit an escrow with the final plat to ensure that the driveway
meets this specification. The driveway easement shall be recorded as a separate document; all
references to the driveway easement shall be removed from the preliminary plat.
Planning Commission
Bluff Creek Woods — Planning Case 2013 -09
May 21, 2013
Page 4 of 12
Private Street
While each of the lots front on a public street, Highway 41, individual lot access to the highway
is not permitted. A joint access is required for the three lots as well as the property to the north.
The common portion of the private street must be constructed to a 20 -foot pavement width with a
7 -ton design.
Private streets serving up to four lots may be permitted in residential developments with a
density of less than four units per acre if the criteria in variance Section 18 -22 are met and upon
consideration of the following:
(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 a private street will permit enhanced protection of the city's natural resources,
including wetlands and protected areas.
Due to the location of the property adjacent to Highway 41, the proximity of the Bluff Creek
Primary zone, the configuration of the property and the desire to preserve as much of the existing
trees along Highway 41 as possible, the use of a private street is appropriate.
Flag/Neck Lot
Flag lots may be permitted in residential districts with a density of less than four units per acre, if
the criteria in variance Section 18 -22 are met and upon consideration of the following:
(1) The prevailing development pattern makes it unfeasible or inappropriate to construct a
public /private 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 or a
private 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 a flag lot will permit enhanced protection of the city's natural resources, including
wetlands and protected areas.
Due to the location of the property adjacent to Highway 41, the proximity of the Bluff Creek
Primary zone, the desire to preserve the southern portion of the site as an outlot, the
configuration of the property, the requirement that lot lines be substantially at right angles to the
street right -of -way and the preservation of the existing house, the most northerly lot assumes a
neck lot configuration.
Planning Commission
Bluff Creek Woods — Planning Case 2013 -09
May 21, 2013
Page 5 of 12
VARIANCE
The city may grant a Variance from the regulations contained in the subdivision ordinance as
part of the plat approval process following a finding that all of the following conditions exist:
a. The hardship is not a mere inconvenience;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land;
c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property; and
d. The granting of a variance will not be substantially detrimental to the public welfare and
is in accord with the purpose and intent of the subdivision ordinance, the zoning
ordinance and the comprehensive plan.
The use of a private street and creation of a
neck lot are not mere inconveniences, but
due to the constraints of the site, the location
of the property adjacent to Highway 41, the
proximity of the Bluff Creek Primary zone,
the configuration of the property and the
requirement that lot lines be substantially at
right angles to the street right -of -way. The
granting of the variance will not be
detrimental to the public welfare and is in
accord with the purpose and intent of the
subdivision ordinance, the zoning ordinance
and the comprehensive plan.
BLUFF CREEK OVERLAY DISTRICT
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In 1996, the City completed the Bluff Creek Watershed Natural Resources Management Plan
(BCWNRMP). This plan recognized the unique qualities of this corridor and the opportunities it
provided. The intent was to protect a natural corridor from the source to the convergence with
the Minnesota River that would allow for wildlife migration, habitat protection, green space
preservation, recreational opportunities, educational opportunities, protection of the bluff areas
from erosion, and protection of the water quality of Bluff Creek. Site design which is sensitive
to the existing natural resources is the primary method for protecting the Bluff Creek corridor.
To this end the plan created the Bluff Creek Overlay District through ordinance number 286 in
December of 1998 which was codified Article XXXI, Chapter 20.
This plan also recognized the right of private property owners. "Property available for
development within the existing ...MUSA is not taken through zoning." While the plan felt that
"ideally no more people would move into the (primary zone)" it felt that this should be
accomplished through tax incentives for land conservation or through the outright acquisition of
the property.
Planning Commission
Bluff Creek Woods — Planning Case 2013 -09
May 21, 2013
Page 6 of 12
As previously mentioned, this area is heavily wooded with an admixture of tree species with the
predominant overstory comprised of mature oaks. There are two drainage swales which convey
surface water runoff from the north and west to the large wetland south of the property. The
original overlay district included this property in its entirety. Considering the aforementioned
balanced approach between corridor preservation and private property rights, a review of aerial
photography and several site visits supports the realignment of the original primary and
secondary zones from the 1996 BCWNRMP.
In an effort to ease financial constraints on a relatively small subdivision, staff feels it is
appropriate to accept land dedication in lieu of Storm Water Utility connection charges. This
dedication configuration was proposed by the applicant and negotiated with staff. It includes an
outlot that would provide a connection from the trail along TH41 to City owned land as well as a
conservation easement measuring seventy (70) feet in width along the south and eighteen (18)
feet in width along the eastern property boundary. This area will constitute the Bluff Creek
Overlay District Primary Zone. Code still requires that structures are setback a minimum of
forty (40) feet from the primary zone: secondary zone. The proposed building envelopes and
grading plan will need to be changed to reflect this secondary zone.
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GRADING, DRAINAGE AND EROSION
The developer proposes that the lots be custom
graded and has submitted a plan showing how the
proposed lots can accommodate a home. The
grading plan must be revised so that the grades do
not exceed 3H:1 V and must include the 972' and
974' contours at the house pads on Lots 3 and 1,
respectively.
Currently the southern one -third acre of the
property drains to the south, ultimately to a storm
sewer owned and maintained by the Minnesota
It has been the staffs' experience that, in the
absence of some physical demarcation and
educational tool, land manipulation
gradually encroaches into these protected
areas thereby removing the intended benefit.
It is always more difficult and expensive for
the land owner, as well as the City, to
attempt to address these encroachments after
the fact. The installation of signage at major
angle points and property line intersections
is a relatively non - intrusive and inexpensive
way to prevent these encroachments. The
applicant shall amend the plans to show the
location of the signs and install the signs
prior to final plat approval.
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Planning Commission
Bluff Creek Woods — Planning Case 2013 -09
May 21, 2013
Page 7 of 12
Department of Transportation (MnDOT). The remainder of the property currently drains to the
wetland to the north. This wetland outlets to the west into the MnDOT storm sewer. The
proposed drainage patterns are very similar to the existing condition.
The developer must obtain a MnDOT drainage permit to ensure that the proposed discharge rates
to MnDOT right -of -way will not exceed the existing condition. It appears that some
modifications will be required to meet MnDOT's permitting requirements.
Drainage and Water Quality
In the past, runoff volume and rate control credit has been given for the preservation of natural
vegetation in perpetuity. The Minimal Impact Design Standards being prepared under the
direction of the MPCA by the Minnesota Stormwater Steering Committee has recognized the
volume reduction and rate control benefits of woodland and prairie preservation and restoration.
Other agencies such as the Carver County Watershed Management Organization and the
Minnehaha Creek Watershed District have also incorporated this practice into their stormwater
rules and design standards. Staff is recommending that volume and rate control credit be granted
based upon the proposed dedication areas shown in the plan.
Even with this credit, per our 2nd Generation Surface Water Management Plan, all development
within Chanhassen is still required to meet National Urban Runoff Program recommendations
for Total Suspended Solids (TSS) and Total Phosphorous (TP) reduction plus enhanced
treatment or the NPDES permit requirements, whichever is stricter. The applicant has not
supplied a drainage plan, a hydrologic model or a water quality model. Further, the plans do not
show the installation of any water quality best management practices. The Total Maximum
Daily Load (TMDL) study has been finished. Based upon this TMDL discharge from this site
should be less than 25NTU. The applicant will need to meet the NPDES or NURP+ enhanced
water quality standard before final plat approval can be granted.
Upon reviewing the site, it appears that the northern apex of the outlot and the western limit of
Lot 1 could be well suited to a bioretention/filtration feature. Currently the City has not
developed design standards for low- impact development best management practices. The
consulting engineer for the applicant will need to use the Minnesota Stormwater Manual for
design purposes.
This same area currently contains an HDPE or PVC grate with an unknown function or route.
This information needs to be included on the survey, considered on the drainage plan and
incorporated into any design.
Further, it appears that the shared driveway impounds water to the north. Additional water
volume will be directed to this area through the development of Lot 1. Water that now heads
west and then south along the trail and away from this area will be directed northwest into the
depression north of the shared entrance. An adequate outlet must be provided for this area and
the existing drainage patterns must be maintained.
Planning Commission
Bluff Creek Woods — Planning Case 2013 -09
May 21, 2013
Page 8 of 12
Wetland Management
The subject property is immediately adjacent to a large wetland complex which serves as the
source for Bluff Creek. Wetland delineation consistent with the 1987 U.S. Army Corps of
Engineers Wetland Delineation Manual was not performed for the site. The approximate
location of the wetland boundary was derived from remote sensing data. It appears that this
location is sufficiently accurate to determine that proposed lots 1 — 3 are of an adequate distance
from the wetland boundary to accommodate the wetland buffer and setback from the buffer. The
outlot and the conservation easement will include any wetland buffer which encroaches into the
subject property. It must be clearly indicated on all plan sheets that this boundary is an
approximation.
Surface Water Utility Charges
The Surface Water Utility Charges are calculated based upon land use type and land area.
Credits may be applied based upon storm water practices being implemented. The following
table illustrates the Storm Water Utility Charges associated with the development of this parcel.
In an effort to implement the goals of the Bluff Creek Natural Resources Management Plan and
to provide a financial incentive to the developer to protect natural resources and water quality,
staff is recommending that the Surface Water Utility Charge be waived in lieu of the dedication
of Outlot A and the conservation easement and the installation of appropriate signage.
LANDSCAPING AND TREE PRESERVATION
The applicant has provided a tree inventory and removal plan for the subdivision. Bufferyard
plantings are required for this development along Highway 41. Tree preservation calculations
for the development are shown below.
Total upland area (excluding wetlands /outlot) 121,766 SF or 2.79 acres
Total canopy area (excluding wetlands /outlot) 100,766 SF or 2.3 acres
Baseline canopy coverage 82%
Minimum canopy coverage allowed 25% or 30,441 SF
Proposed tree preservation 53% or 65,400 SF
The developer meets minimum canopy coverage allowed. As per city ordinance, a minimum of
one tree will be required in each front yard.
The applicant is required to provide bufferyards along Highway 41. The minimum plantings
required are shown in the table below.
Area
Rate
Total
Water Quality
3.57 ac
$2,830/ac
$10,103.10
Water Quantity
3.57 ac
$4,050 /ac
$14,458.50
$24,561.60
In an effort to implement the goals of the Bluff Creek Natural Resources Management Plan and
to provide a financial incentive to the developer to protect natural resources and water quality,
staff is recommending that the Surface Water Utility Charge be waived in lieu of the dedication
of Outlot A and the conservation easement and the installation of appropriate signage.
LANDSCAPING AND TREE PRESERVATION
The applicant has provided a tree inventory and removal plan for the subdivision. Bufferyard
plantings are required for this development along Highway 41. Tree preservation calculations
for the development are shown below.
Total upland area (excluding wetlands /outlot) 121,766 SF or 2.79 acres
Total canopy area (excluding wetlands /outlot) 100,766 SF or 2.3 acres
Baseline canopy coverage 82%
Minimum canopy coverage allowed 25% or 30,441 SF
Proposed tree preservation 53% or 65,400 SF
The developer meets minimum canopy coverage allowed. As per city ordinance, a minimum of
one tree will be required in each front yard.
The applicant is required to provide bufferyards along Highway 41. The minimum plantings
required are shown in the table below.
Planning Commission
Bluff Creek Woods — Planning Case 2013 -09
May 21, 2013
Page 9of12
MISCELLANEOUS
Since multiple homes are sharing a common driveway entrance, Fire Department policy # FP 29-
1991 must be followed. At the entrance off Hazeltine Boulevard, a monument sign displaying
all four address numbers shall be installed. Also, at the start of the individual driveways to each
home, an additional address sign shall also be installed. The proposed signage must be
submitted to the Fire Marshal for approval. The extra address numbers are required to insure
that in the event of an emergency, responding police and fire vehicles can quickly locate the
correct address.
UTILITIES
Eight -inch public sanitary sewer and 12 -inch public watermain lie east of State Highway 41
within the right -of -way. The developer proposes to install sewer and water services to Lots 1
and 3. A permit is required from MnDOT to install these services. The City must be notified a
minimum of 72 hours before the services are to be installed. The service connections must be
inspected and approved by the City. The developer must submit an escrow for the necessary
boulevard restoration associated with the service installation.
Lots 1 and 3 will be subject to the City sewer and water hook -up charges and the Metropolitan
Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code
at the rate in effect at the time.
PARKS AND RECREATION
Parks
This property is located adjacent to the Bluff Creek Preserve,
a natural creek corridor that traverses the city for six miles
from northwest to southeast. The park preserve features large
expanses of natural open spaces including floodplain,
wetlands and woods. The portion of the preserve directly
adjacent to the proposed Bluff Creek Woods development is
60 acres in size.
Trails
The subject site has direct access to the Highway 41 trail that
connects to both the Bluff Creek Preserve Trail and the
Minnewashta Regional Park Trail within one -half mile of the
subdivision.
1,
Required
Proposed
West property line - Hwy
2 overstory trees
Existing trees and
41, bufferyard B, 280'
5 understory trees
vegetation
5 shrubs
MISCELLANEOUS
Since multiple homes are sharing a common driveway entrance, Fire Department policy # FP 29-
1991 must be followed. At the entrance off Hazeltine Boulevard, a monument sign displaying
all four address numbers shall be installed. Also, at the start of the individual driveways to each
home, an additional address sign shall also be installed. The proposed signage must be
submitted to the Fire Marshal for approval. The extra address numbers are required to insure
that in the event of an emergency, responding police and fire vehicles can quickly locate the
correct address.
UTILITIES
Eight -inch public sanitary sewer and 12 -inch public watermain lie east of State Highway 41
within the right -of -way. The developer proposes to install sewer and water services to Lots 1
and 3. A permit is required from MnDOT to install these services. The City must be notified a
minimum of 72 hours before the services are to be installed. The service connections must be
inspected and approved by the City. The developer must submit an escrow for the necessary
boulevard restoration associated with the service installation.
Lots 1 and 3 will be subject to the City sewer and water hook -up charges and the Metropolitan
Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code
at the rate in effect at the time.
PARKS AND RECREATION
Parks
This property is located adjacent to the Bluff Creek Preserve,
a natural creek corridor that traverses the city for six miles
from northwest to southeast. The park preserve features large
expanses of natural open spaces including floodplain,
wetlands and woods. The portion of the preserve directly
adjacent to the proposed Bluff Creek Woods development is
60 acres in size.
Trails
The subject site has direct access to the Highway 41 trail that
connects to both the Bluff Creek Preserve Trail and the
Minnewashta Regional Park Trail within one -half mile of the
subdivision.
1,
Planning Commission
Bluff Creek Woods — Planning Case 2013 -09
May 21, 2013
Page 10 of 12
In lieu of parkland dedication, the City will require the payment of park fees for the two new
homes in effect at the time of final plat approval. For 2013, the park fees are $5,800 per single -
family home.
COMPLIANCE TABLE
Setbacks: Front 30 feet, Side 10 feet, Rear 30 feet, Bluff Creek Primary Zone 40 feet.
The setback for neck lots begins at the point the lot measures 100 feet in width.
It should be noted that the preliminary site plan locating the house on Lots 1 and 3 will require
that the homes be shifted to comply with the Bluff Creek primary zone setback.
RECOMMENDATION
Staff recommends that the Planning Commission approve the development subject to the
following conditions and adoption of the attached Findings of Fact and Recommendation:
1. At the entrance off Hazeltine Boulevard, a monument sign displaying all four address
numbers shall be installed. In addition, at the start of the individual driveways to each home,
an address sign shall also be installed. Submit proposed signage to Fire Marshal for
approval.
2. Park fees shall be collected in full for the two new homes at the rate in force upon final plat
submission and approval.
3. Any use of or work within or affecting MnDOT right -of -way requires a permit. Permit forms
are available from MnDOT's utility website at htlp: / /www.dot.state.mn.us /utility/.
Lot Area
Excluded
Lot
Lot
(sq. ft.)
Lot Area
Width
Depth
Notes
(s q. ft.
Code
Area in
private street
15,000
easement,
100
125
neck lot area
less than
100 ft. width
Lot 1
43,418
0
120
361
Bluff Creek primary zone to
east and south
Lot 2
44,505
300
120
386
Bluff Creek primary zone east
property line
Lot 3
33,843
5,050
100
283
Neck lot, Bluff Creek primary
zone east lot line
Outlot A
33,980
Bluff Creek Primary Zone
Total
155,746
5,350
3.57 acres
Setbacks: Front 30 feet, Side 10 feet, Rear 30 feet, Bluff Creek Primary Zone 40 feet.
The setback for neck lots begins at the point the lot measures 100 feet in width.
It should be noted that the preliminary site plan locating the house on Lots 1 and 3 will require
that the homes be shifted to comply with the Bluff Creek primary zone setback.
RECOMMENDATION
Staff recommends that the Planning Commission approve the development subject to the
following conditions and adoption of the attached Findings of Fact and Recommendation:
1. At the entrance off Hazeltine Boulevard, a monument sign displaying all four address
numbers shall be installed. In addition, at the start of the individual driveways to each home,
an address sign shall also be installed. Submit proposed signage to Fire Marshal for
approval.
2. Park fees shall be collected in full for the two new homes at the rate in force upon final plat
submission and approval.
3. Any use of or work within or affecting MnDOT right -of -way requires a permit. Permit forms
are available from MnDOT's utility website at htlp: / /www.dot.state.mn.us /utility/.
Planning Commission
Bluff Creek Woods — Planning Case 2013 -09
May 21, 2013
Page 11 of 12
4. Outlot A and the conservation easement shall be coincidental with the primary zone for the
Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone
shall extend to a point 18 feet from the northeast corner of Lot 3.
5. A structure setback of 40 feet is required from the primary zone. No disturbance shall occur
within the first 20 feet of the setback. The proposed grading plans shall be amended to show
how the lots may be developed.
6. The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown
on all plan sheets.
7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at
all major angle points and at the intersection of lot lines with the primary zone boundary.
Site plans shall be amended to show the placement of the signs.
8. In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources,
the proposed driveway for Lot 1 shall share a common drive with Lot 2 until the existing
hammerhead.
9. The applicant shall provide drainage calculations for pre - development and post - development
conditions.
10. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water
quality best management practices are still required. This shall meet the requirements of the
NPDES permit for drainage to an impaired water or NURP plus enhanced treatment,
whichever is stricter.
1 l . S WMP charges shall be waived in lieu of in- perpetuity protection of land through a
combination of conservation easement and the dedication of Outlot A to the City.
12. Water that now heads west and then south along the trail and away from this area will be
directed northwest into the depression north of the shared entrance. An adequate outlet must
be provided for this area and the existing drainage patterns must be maintained.
13. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits.
14. Building permit surveys for each lot shall be required to show all inventoried trees within the
grading limits and 10 feet beyond and their removal or preservation status.
15. The developer must revise the Existing Conditions plan to show the power pole, utility box,
propane tank and shed.
16. Ground shot elevations must be shown on the Existing Conditions plan to verify that a
topographic survey was completed.
17. The developer shall work with staff to realign the access to Lot 1.
Planning Commission
Bluff Creek Woods — Planning Case 2013 -09
May 21, 2013
Page 12 of 12
18. The developer must provide proof that the common portion of the driveway to Lots 1 and 2
meets a 7 -ton design.
19. If the existing driveway does not meet the 7 -ton design standard, the developer must install
the 7 -ton driveway and submit an escrow with the final plat to ensure that the driveway meets
this specification.
20. The driveway easement shall be recorded as a separate document; all references to the
driveway easement shall be removed from the preliminary plat.
21. The grading plan must be revised so that the grades do not exceed 3H:1 V.
22. A permit is required from MnDOT to install the sewer and water services as well as grading
in the right -of -way.
23. The City must be notified a minimum of 72 hours before the sewer and water services are to
be installed.
24. The sewer and water service connections must be inspected and approved by the City.
25. The developer must submit an escrow for the necessary boulevard restoration associated with
the service installation.
26. Lots 1 and 3 will be subject to the City sewer and water hook -up charges and the
Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance
with the City Code at the rate in effect at the time.
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Reduced Copy Existing Conditions Plan.
4. Reduced Copy Preliminary Plat.
5. Reduced Copy Preliminary Site and Utility Plan.
6. Reduced Copy Preliminary Grading Plan.
7. Reduced Copy Preliminary Tree Inventory.
8. Copy of Fire Dept. policy # FP 29 -1991.
9. Letter from Chuck Mayers (Center Point Energy) to Robert Generous dated 4/23/13.
10. Letter from Michael J. Corbett (MnDOT) to Robert Generous dated 5/9/13.
11. Public Hearing Notice and Mailing List.
g: \plan\2013 planning cases\2013 -09 bluff creek woods\staff report bluff creek woods.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Marty Schutrop for Rezoning, Subdivision approval with Variance and
Conditional Use Permit.
On May 21, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Marty Schutrop for preliminary plat approval to create three lots
and one outlot with a variance for the use of a private street and a conditional use permit for
development within the Bluff Creek Overlay District. 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
The property is currently zoned Agricultural Estate District (A -2).
2. The property is guided in the Land Use Plan for Residential Low Density use.
The legal description of the property is: That part of the NE '/ of the SW '/ of Section 9,
Township 116, Range 23 described as follows:
Beginning at the center of section 9 thence west along the north line of said SW '/ 228.05
feet then deflecting left 49 degrees 15 minutes a distance of 514.8 feet along the easterly
right -of -way line of Highway 41 then deflecting left 130 degrees 45 minutes on line
parallel to north line of said SW '/ 571 feet to point on east line of the SW % 390 feet
south of center of said section, then north on east line of SW '/ 390 feet to the point of
beginning.
4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible
adverse affects of the proposed amendment. The six (6) affects and our findings
regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City
Comprehensive Plan.
b. The proposed use is or will be compatible with the present and future land uses of the
area.
c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
d. The proposed use will not tend to or actually depreciate the area in which it is
proposed.
e. The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
f Traffic generation by the proposed use is within capabilities of streets serving the
property.
5. 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:
a. The proposed subdivision is consistent with the zoning ordinance;
b. The proposed subdivision is consistent with all applicable city, county and regional
plans including but not limited to the city's comprehensive plan;
c. 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;
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by the
subdivision ordinance;
e. The proposed subdivision will not cause significant environmental damage;
f. The proposed subdivision will not conflict with easements of record; and
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1) Lack of adequate storm water drainage.
2) Lack of adequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off -site public improvements or support systems.
6. The city may grant a Variance from the regulations contained in the subdivision
ordinance as part of the plat approval process following a finding that all of the following
conditions exist:
a. The hardship is not a mere inconvenience, but is due to the property being accessed
from Highway 41;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land with the Bluff Creek headwaters located to the south and east
of the site and the need to preserve existing site vegetation to screen the site from the
highway;
c. The condition or conditions upon which the request is based are unique and not
generally applicable to other property since it is located adjacent to Highway 41 and
surrounded by the Bluff Creek primary zone;
d. The granting of a variance will not be substantially detrimental to the public welfare
and is in accord with the purpose and intent of the subdivision ordinance, the zoning
ordinance and the comprehensive plan.
Conditional Use Permit:
a. The proposed development will not be detrimental to or degrade the public health,
safety, comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed development will be consistent with the objectives of the city's
comprehensive plan and this chapter.
c. The proposed development 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.
d. The proposed development will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed development 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.
f. The proposed development will not create excessive requirements for public facilities
and services and will not be detrimental to the economic welfare of the community.
g. The proposed development 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.
h. The proposed development will have vehicular approaches to the property which do
not create traffic congestion or interfere with traffic or surrounding public
thoroughfares.
i. The proposed development will not result in the destruction, loss or damage of solar
access, natural, scenic or historic features of major significance.
j. The proposed development will be aesthetically compatible with the area.
k. The proposed development will not depreciate surrounding property values.
1. The proposed development will meet standards prescribed for certain uses as
provided in the Conditional Use article.
8. The planning report #2013 -09 dated May 21, 2013, prepared by Robert Generous et al is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Rezoning,
Preliminary Plat with Variances and the Conditional Use Permit.
ADOPTED by the Chanhassen Planning Commission this 21 s` day of May, 2013.
CHANHASSEN PLANNING COMMISSION
BIA
Its Chairman
re e- K W ov cis
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227 -1100
DEVELOPMENT REVIEW APPLICATION
ri•M
Name and Address:
Planning Case No.901?)-011
CITY OF CHANHASSEN
RECEIVED
APR 12 2013
CHANHASSEN PLANNING DEPT
Contact: *,%k-i Contact:
Phone: W-L-Vt d RSIFax: °)i ZZ_LOo ao�7y Phone: Fax:
Email: S v 4 aP is t t r e Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment Temporary Sales Permit
onditionai Use Permit (CUP) 35 Vacation of Right -of- Way /Easements (VAC)
(Additional recording fees may apply)
Interim Use Permit (IUP) _/ Variance (VAR) ate
Non - conforming Use Permit
Planned Unit Development*
VRezoning 6 00
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
Subdivision* 36 CD
An additional fee of $3.00 per address within the public
prior to the public hearing.
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — 200
(City to install and remove)
X row for Filing Fees/ orney Cost **
$5 UP /SPR/VAC /WAP /Metes & Bounds
- $450 Minor SUB _
TOTAL , FEE $
notification area will be invoiced to the annlicant
*Five (5) full -size folded copies of the plans must be submitted, including an 8 %" X 11" reduced
copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format.
* *Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
SCANNED
PROJECT NAME: n j-F
LOCATION:
L
A 2— 'j -k
- V>
LEGAL DESCRIP" Genera! PoPeII1r D"r Mation
L "D� /ip�L= P/0 ME114$WSJ4 DnC A& BEG At COMER SECr07"WON
�U04M MAT10M.. _.. _ SALOM ELY R-0-W OF WXY 41 TN MFL UWr 130 ON LINE P ILL LE To N L 228.01 TN 572, LEFT ON 514.8' 49. .alpm x ARALLEI..7'O N LIlAi $INSl4 573' TO PT ON E LOW
TOTALACREAGE:
WETLANDS PRESENT: ✓YES
NO
PRESENT ZONING: "r'I/��
^A�-
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:�,05
REQUESTED LAND USE DESIGNATION:
�s
REASON FOR REQUEST: 5vty ,
Z
ftc4ci). l
a-Fs c7
FOR SITE PLAN REVIEW: Include number of existing employees: and new employees:
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 Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This 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 application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I 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 application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
Signature of Applicant
Date
I5 f
Signature of Fee Owner
Dat
SCANNED
g:lplanlforms \development review application.doc
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General
CHANHASSEN FIRE DEPARTMENT
FIRE PREVENTION BUREAU
7700 MARKET BLVD. PO BOX 147
CHANHASSEN, MN 55317
(952) 227 -1150
FAX: (952) 227-1190
CHANHASSEN FIRE DEPARTMENT POLICY
PREMISES IDENTIFICATION
Numbers or addresses shall be placed on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Said numbers shall contrast
with their background. Size and location of numbers shall be approved by one of the following —
Fire Marshal, Fire Inspector, Building Official, Building Inspector.
Requirements are for new construction and existing buildings where no address numbers are
posted.
Other Requirements - General
1. Numbers shall be a contrasting color from the background.
2. Numbers shall not be in script.
3. If a structure is not visible from the street, additional numbers are required at the
driveway entrance. Size and location must be approved.
4. Numbers on mail box at driveway entrance may be a minimum of 4 ". However,
requirement 43 must still be met.
5. Administrative authority may require additional numbers if deemed necessary.
Residential Requirements (2 or less dwelling unit)
1. Minimum height shall be 4 inches.
2. Building permits will not be finaled unless numbers are posted and approved by the
Building Department.
Premises Identification FP 29 -1991 Page 1 of 2
Commercial Requirements
1. Minimum height shall be 12 ".
2. Multi - Tenant Buildings
a. Building address range, minimum height of 12 inches.
b. Address numbers required on all tenant doors. Minimum height of 6 inches.
3. If address numbers are located on a directory entry sign, additional numbers will be
required on the building's main entrance.
4. Signage on overhead/ delivery doors will also be required.
Revisions 6/10/02
3/22/05
5/2/08
2/15/10
Premises Identification FP 29 -1991 Page 2 of 2
CenterPeinto
Energy
April 23, 2013
Robert Generous
Senior Planner
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
700 West linden Avenue
PO Box 1165
Minneapolis, MN 55440 -11655
RE: Proposed Rezone, Subdivision with Variances and Conditional Use Permit-
Dear Mr. Generous:
With reference to your request, CenterPoint Energy has no natural gas mains within the
area requested but do have a main and Transmission line in the road Right of Way and
with that said CNP has no objection to this proposal.
If you have any questions, please contact me at 612 -321 -5381.
Respectfully,
CENTERPOINT ENERGY
&' J'y � -
Chuck Mayers '
Right -of -Way Specialist
Engineering Services
612 - 321 -5381
�o Minnesota Department of Transportation
$ Metropolitan District
k,; PY Waters Edge Building
1500 County Road B2 West
Roseville, MN 55113
May 9, 2013
Robert Generous, AICP
Senior Planner
7700 Market Blvd
City of Chanhassen
Chanhassen, MN 55317
SUBJECT: Bluff Creek
MnDOT Review # 513 -032
SE side of TH 41 across from Tanadoona Drive
Chanhassen, Carver County
Control Section 1008
Dear Mr. Generous,
Thank you for the opportunity to review the above referenced site plan. MnDOT has
reviewed the site plan and has the following comments:
Traffic:
MnDOT's Access Management Manual classifies TH 41 as a Minor Arterial in an
urban /urbanizing area. Therefore, connections to TH 41 should come from public
streets.
Providing access to the new lots from the existing driveway is a good solution due to the
lack of a local supporting road network. A large portion of Outlot A is outside of the
wetland and appears to be developable. If it is indeed developable, the plans should
accommodate access to Outlot A from the existing driveway.
Please direct any questions regarding traffic to David Sheen (david.sheen(2state.mn.us or
651.234.7824) of MnDOT's Metro District South Area Traffic Section.
Design:
The sight distance is adequate- looking north and south from the current driveway. Please
submit construction plans for review.
Please direct questions regarding this comment to Nancy Jacobson (651- 234 -7647 or
nancy.l.jacobson(2state.mn.us) of MnDOT's Metro Design Section.
Water Resources:
A MnDOT drainage permit will be required. Drainage patterns and existing drainage
rates to MnDOT right -of -way must be perpetuated for the project.
The following information must be submitted for a drainage permit review:
1) A grading plan showing existing and proposed contours, along with drainage flow
areas,
2) Drainage area maps for the proposed project showing existing and proposed drainage
areas. Any off -site areas that drain to the project area should also be included in the
drainage area maps. The direction of flow for each drainage area must be indicated by
arrows,
3) Drainage computations for pre and post construction conditions during the 2, 10, 50
and 100 year rain events,
4) An electronic copy of any computer modeling used for the drainage computations,
5) Relevant construction plan sheets.
Please direct any questions regarding water resources to Hailu Shekur (651- 234 -7521 or
hailu.shekur ..state.mn.us of MnDOT Metro District's Water Resources Section.
Permits:
As previously stated, a drainage permit is required. Additionally, any use of or work
within or affecting MnDOT Right -of -way and/or utilities requires a permit. A short form
permit is required for the utilities that are connected within MnDOT Right -of -way.
Permit forms are available from MnDOT's permit website at
httn: / /www.dot.state.mn.us /permits /.
Please include one 11 x 17 plan set and one full size plan set with each permit
application. Please direct any questions regarding permit requirements to Buck Craig
(651- 234 -7911 or buck.craieCstate.mn.us) of MnDOT's Metro Permits Section.
Review Submittal Options:
MnDOT's goal is to complete the review of plans within 30 days. Submittals sent in
electronically can usually be turned around faster. There are four submittal options.
Please submit either:
1. One (1) electronic pdf. version of the plans. MnDOT can accept the plans via
e -mail at metrodevreviews .dotna,state.mn.us provided that each separate e-
mail is under 20 megabytes.
2. Three (3) sets of full size plans. Although submitting seven sets of full size
plans will expedite the review process. Plans can be sent to:
MnDOT — Metro District Planning Section
Development Reviews Coordinator
1500 West County Road B -2
Roseville, MN 55113
3. One (1) compact disc.
4. Plans can also be submitted to MnDOT's External FTP Site. Please send files
to: ftp• / /ftp2 dot state mn us /ptib /incoming/MetroWatersEdge /Planning
Internet Explorer doesn't work using ftp so please use an FTP Client or your
Windows Explorer (My Computer). Also, please send a note to
metrodevreviews .dotg,state.mn.us indicating that the plans have been
submitted on the FTP site.
If you have any questions concerning this review, please feel free to contact me at
(651) 234 -7793.
Sincerely,
Michael J. Corbett, PE
Senior Planner
Copy sent via E -Mail:
Diane Langenbach, Area Engineer
Hailu Shekur, Water Resources
Nancy Jacobson, Design
Buck Craig, Permits
Becky Parzyck, Right -of -Way
David Sheen, Traffic Engineering
Clare Lackey, Traffic Engineering
Ann Braden, Metropolitan Council
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
May 9, 2013, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice of Public Hearing for
Bluff Creek Woods — Planning Case 2013 -09 to the persons named on attached Exhibit "A ",
by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the
envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses of such owners were those appearing as such by the
records of the County Treasurer, Carver County, Minnesota, and by other appropriate records.
Subscriped and sworn to before me'
this t day of 000A4 12013.
otary Publ c
K6ren J. En el dt, Dep6ty Clerk
7�;;OW IM ?. MEU WISSEN otary ?ublic- Minnesota Commission Expires Jan 31, 2015
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BRUCE A & YVONNE M GESKE BYRON A & MARY M OLSON JOHN T & VICTORIA RILEY
7325 HAZELTINE BLVD 7331 HAZELTINE BLVD 2717 LONGACRES DR
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