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PC Staff Report 2-1-05 ........ ~ z < u ~ ~ ~ ~ < < ~ < ~ ~ ~ ~ 00. PC DATE: February 1,2005 ŒJ ...",J CC DATE: February 28, 2005 CITY OF CHANHASSEN REVIEW DEADLINE: February 28, 2005 CASE #: 04-37 BY: 1M ....... ........ STAFF REPORT PROPOSAL: Amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, located west of Highway 41, north of Ches- Mar Farm Road and east of Lake Minnewashta. LOCATION: 6731 Hazeltine Blvd. Excelsior, MN 55311 APPLICANT: Carver County Parks 11360 Highway 212 P.O. Box 330 Cologne, MN 55322 PRESENT ZONING: RR, Rural Residential District 2020 LAND USE PLAN: Parks/Open Space ACREAGE: 340 acres DENSITY: N/ A SUMMARY OF REQUEST: Carver County Parks is seeking an amendment to their conditional use permit (CUP #75-2) to eliminate the horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park. 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 conditional use permit is limited to whether or not the proposed conditional use permit meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the conditional use permit. This is a quasi-judicial decision. Location Map Lake Minnewashta Regional Park Amendment to Conditional Use Permit No. 75-2 City of Chanhassen Planning Case No. 04-37 Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 2 PROPOSAL/SUMMARY Carver County Parks is seeking an amendment to their conditional use permit (CUP #75-2) to eliminate the horsepower restriction at Boat Access #1 located in Lake Minnewashta Regional Park. The park is located west of Highway 41 on the eastern shore of Lake Minnewashta. The CUP prohibits the launching of boats with motor sizes greater than 10 horsepower from Access #1. Lake IVIiImewashta --"" "'; :- .- ~ . ,< ~-¡;;~'>\ ",,'1' :')~ I":"'.'~..~<~'''I. :J..'i~, c ~c Nf. · c,' Uc . '." " t "'c ,) . '). t "., r " _~: : < \ c. ·..:-~~11:~G 't-. __" ~_ _. ~ , ; '.~-:-':<.":; .~;-;-. _ >J-It: BACKGROUND On November 21, 1977, the City Council approved Conditional Use Permit #75-2 for Lake Minnewashta Regional Park including the following conditions: 4.01. Review and Approval. Detailed development plans within the proposed park shall be submitted to the City for review and comment prior to approval by the County. It is not contemplated that the City shall have approval authority over detailed development plans so long as they are consistent in scope and capacities with the Master Plan, except for appropriate development standards which may be applied to development generally within the City. Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 3 Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit. 6.04. Lake Access. Access to Lake Minnewashta through the park shall be limited to non-motorized boats or fishing boats of fifteen (15) horsepower or less. Originally, the park had only one access located at Little Minne Bay (Boat Access #1). This access consisted of 30 car/trailer spaces and restricted access allowing boat motors of 15 horsepower or less. During review of the Minnewashta Regional Park Master Plan in 1982, the Metropolitan Council noted that the 15 horsepower motor restriction placed by the City of Chanhassen on the public access in the park was discriminatory in nature. Furthermore, it was inconsistent with the "Cooperative Program in Providing Public Access Sites on Metropolitan Area Lakes" which was prepared by the Metropolitan Council, the Minnesota Department of Natural Resources (DNR), and the State Planning Agency. The Metropolitan Council stated they would withhold grants for the City and park until the 15 horsepower restriction was removed. As a result, staff worked out a compromise that would satisfy DNR & Metropolitan Council standards while still protecting the environmentally sensitive Little Minne Bay. On September 12, 1983, the City Council approved the amendment to Conditional Use Permit #75-2 for Lake Minnewashta Regional Park including the following change to 6.04: 6.04. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access (Boat Access #1) is to be limited for launch of watercraft of ten (10) horsepower or less and have a capacity of 10 car/trailer spaces. An additional access (Boat Access #2) without horsepower restrictions having a capacity for 25 carltrailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy. In 1983 there was a public access on the western shore of Lake Minnewashta adjacent to Leach's Resort (since replaced by residential development). The decision was made to close this public access at the time the newly created Boat Access #2 in Lake Minnewashta Regional Park would open. ANALYSIS In 1974-1975, when the plans for Lake Minnewashta Regional Park were first being considered, the City was concerned about the possible effects a public access could have on Little Minne Bay given the shallow and narrow nature of the channel connecting Little Minne Bay to Lake Minnewashta. During dry, low water level conditions this channel becomes extremely shallow. It was thought that boat motors with higher horsepower and larger hulls could negatively impact Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 4 the channel floor. Attached is an aerial photograph created by Mark Hurd Mapping Co. in 1945 showing Lake Minnewashta and Little Minne Bay during extremely dry conditions. Notice the channel is completely void of water. Also attached is an article developed by the Minnesota Lakes Association that describes the possible impacts of motorized watercraft on the lake environment. The DNR approved the establishment of slow-no wake surface zoning within 100 feet of shore, in designated areas, in Little Minne Bay and Lake Minnewashta. In a letter written to the City, stamped "Received September 29,2004", Carver County Parks states: · The "No Wake" restriction eliminates the need for a horsepower restriction in Little Minne Bay. · It is not reasonable to enforce a horsepower restriction and keep track of boaters coming and going from two boat accesses and their motor sizes. Carver County also stated that it is difficult for park users to launch their boats from Boat Access #2. The difficulty with launching at access #2 is due to the shallowness of the area, especially during dry conditions, and because it is unprotected from high winds coming off the lake. Staff agrees that the slow-no wake surface zoning makes the need for a horsepower restriction obsolete. However, staff is concerned that eventually there will be a need for drudging in order to maintain access through the channel between Little Minne Bay and Lake Minnewashta due to vegetative growth and shallow depth in that area. Therefore, Carver County Parks must contact the DNR to obtain proper approvals and permits before drudging may occur. Staff also contacted the following Minnesota DNR staff members requesting comment: Kim EI verum Julie Ekman Wayne Barstad Daryl Ellison Boat & Water Safety Coordinator Area Hydrologist-West Metro, Central Region 3 Regional Environmental Assessment Ecologist Area Supervisor for Fisheries None had any issues with the elimination of the horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park; however, Mr. Ellison stated that there are lots of water lilies and other quality emergent and submergent vegetation in this bay that should be protected with a "no-wake" zone restriction. Carver County Parks' "Lake Minnewashta Regional Park Master Plan", which was updated in October 2002 and has not been approved by the City of Chanhassen, lays out plans to make Boat Access #1 the sole boat launch in the park. It is Carver County's intention to eventually close Boat Access #2 and expand Boat Access #1 infrastructure to accommodate 35 trailer parking spaces and 20 regular vehicle parking spaces. Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 5 r¡,L;íHf' '~" i' CharJU(I k;Ja-;-tch íJ¡ hp.-:H launch ,-ard Vi~;to" Conl,fd Scation. U~t 1'"Boff An. (~{I;<..,I t.:~-nm~a'. ..-h.t tlJfn¡-mll' 1~ttT1¡\ -\r,-'" I I 'utlll,..1 (-I,j~jt'lflHI \lcl'i..'k I Tu.ílC't .·,u--tmJ: (J ':i S~(;<:-J T~"JI N",tur-:: Tr.ill --,., N.I"" T,.i'-Ij-ì fY f'.u~ ~111Iti- PllrlH"",l"rdl' I." il t>lrmítl"lro¡."j _t j~,L J-. ff/'~r __ 1'.uL ~\ltiht- -~ Ufi¡'o I'u.J!W¡[,;-Ti..ül Pnk.1rt<i" (-:-u....¡u¡f.. On January 13,2005, Carver County held a public information meeting regarding the proposed amendment. Notice of this meeting was mailed to all Lake Minnewashta property owners and was also posted in the Chanhassen Villager. Five lake residents attended the meeting, none of which opposed the lifting of the horsepower restriction. Staff supports the amendment of Conditional Use Permit 75-2 to eliminate the horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park. In regards to the proposed future intensification of Boat Access #1, the City must critically analyze the impact of such intensified use on Little Minne Bay before considering approval of such plans. The following changes will be made to Section 6.04 of Conditional Use Permit No. 75-2: 6.04. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be limited for laUl'WR of v¡aærcraft of ten (10) horsepO':,'Cf or less surface zoned "Slow - No Wake" with signage at the launch site and in Little Mione Bay and have a capacity of 10 car/trailer spaces. An additional access without horsepower restrictions having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy." Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1,2005 Page 6 RECOMMENDA TION Staff recommends the Planning Commission adopt the following motion: ''The Planning Commission recommends approval of the amendment to Conditional Use Permit 75- 2, Section 6.04 Lake Access, based on the findings of fact with the following condition: 1. Carver County Parks shall contact the Department of Natural Resources before proceeding with drudging of the Little Minne Bay channel. Section 6.04 of Conditional Use Permit 75-2 shall be amended to read: 6.05. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be surface zoned "Slow - No Wake" with signage at the launch site and in Little Minne Bay and have a capacity of 10 car/trailer spaces. An additional access having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy." ATTACHMENTS 1. Findings of Fact. 2. Application. 3. Letter from Carver County to City of Chanhassen stamped "Received September 29,2004." 4. Conditional Use Permit 75-2. 5. Memo from City Manager Don Ashworth to Mayor and City Council dated September 12, 1983. 6. Report of the Lake Minnewashta Study Committee dated June 1983. 7. Planning Commission Minutes dated August 24, 1983. 8. Amended Conditional Use Permit 75-2. 9. Minnesota Lakes Association Reporter article, ''The Impacts of Motorized Watercraft on the Lake Environment." 10. Carver County Lake Minnewashta Regional Park Master Plan excerpt (October 2002). 11. Public Hearing Notice and Affidavit of Mailing. 12. Aelial Photograph of Lake Minnewashta and Little Minne Bay, circa 1945. g:\plan\2004 planning cases\04-37 - minnewashta regional park 75-2 cup amendment\staff report 2.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION INRE: Application of Carver County Parks for an amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, west of Highway 41, north of Ches-Mar Farm Road and east of Lake Minnewashta - Planning Case No. 04-37. On February 1,2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Carver County Parks for an amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, west of Highway 41, north of Ches-Mar Farm Road and east of Lake Minnewashta. The Planning Commission conducted a public hearing on the proposed variance that was 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 Rural Residential (RR). 2. The property is guided by the Land Use Plan for Park/Open Space. 3. The legal description of the property is: S 1Iz of NW 'Y4 of Section 4; S Yz of Section 4; NE 1,4 of SE 1,4 of Section 5; N 1Iz of NW 1,4 of Section 9, Township 116, Range 023. 4. The Planning Commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: a. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. c. Will be designed, constructed, operated and maintained so as 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. Will not be hazardous or disturbing to existing or planned neighboring uses. 1 e. 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. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and condition 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. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 1. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 5. The planning report #04-37 conditional use permit amendment dated February 1, 2005, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approves the amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park. ADOPTED by the Chanhassen Planning Commission on this 1st day of February, 2005. CHANHASSEN PLANNING COMMISSION BY: Planning Commission Chairperson g:\plan\2004 planning cases\04-37 - minnewashta regional park 75-2 cup amendment\findings of factdoc 2 0'4-::57 CITY OF CHANHASSEN 7700 MARKET BOULEV ARD CHANHASSEN,MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: C~PrR\jç::.R (nl ìl\.lí'(t?cu..t.S OWNER: ~Ý\fe' (OUn,.\-.,J J ADDRESS: \\3i£Jl) ì\~h'NO-y Zt2 'PO~{~30 ADDRESS: (oO() F,Q~+ Lf+t'- S4- .c~J~np. AAI\..¡ 5S322-á~30 (___ha~ra._ M^) 55~1& TELEPHONE (Day Time~5Y %(0 - 5250 TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit ~ Conditional Use Permit A.YV\.e nd CuP Vacation of Right-of-Way/Easements îS- 2- Interim Use Permit Variance Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign X Escrow for Filing Fees/Attorney Cost** Site Plan Review* - $50 CUP/SPRNACNARIWAP/Metes & Bounds - $400 Minor SUB Subdivision* TOTAL FEE $ - (j - Wtl.l V~4 Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be in~oiced to the applicant. If you would like the City to provide mailing labels, check this box ~/ Building material samples must be submitted with site plan reviews. *Twenty-six (26) full-size folded copies of the plans must be submitted, including an8%" X 11" reduced copy for 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. SCANNED PROJECT NAME: ~~_ /lIf lVU/l¿u.ìa& Jit5.... ~o..:J ¡öY\d-l Pa rL CUP 4mef\dmen-l- LOCATION: LEGAL DESCRIPTION: TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: 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. ~~ c.L~~rí \eAt-e r Signature of Applicant Datè Date Signature of Fee Owner Application Received on 9- 2- c¡ -0<-/ Fee Paid tV IA , Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Thursday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. G:\plan\forms\Development Review Application.DOC ni~':ii·'-~)â I: CARVER COUNTY PARKS 11360 Highway 212 West, PO Box 330 Cologne, MN 55322-0330 Phone (952) 466-5250 Fax (952) 466-5223 VvVlW.CO.carver.mn. us/parks Division ofPub1ic Works ~ CARVER COUNTY J 1360 Hwy. 212 West. PO Box 300 Cologne, MN 55322-0300 Phone (952) 466-5200 Fax (952) 466-5223 Kate Aanenson City of Chanhassen 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 REceIVED SEP 2' 9 2004 CITY OF CHANHASSEN Dear Ms. Aanenson, Earlier this summer we talked about the horsepower restriction listed in the Lake Minnewashta Regional Park Conditional Use Permit issued by the City of Chanhassen. Since the inception of the conditional use pennit the DNR has added ''No Wake" restrictions to the bay of Lake Minnewashta where boat access #1 is located. The ''No Wake" restriction eliminates the need for a horsepower restriction in the bay of Lake Minnewashta. Additionally, the horsepower restriction is not manageable. Boaters come and go throughout the day with varying motor sizes. A boater will choose one of two parking areas in the park based on availability of a parking stall and not the size of motor. It is not reasonable to enforce a horsepower " restriction and keep track of boaters coming and going from two boat accesses and their motor sizes. For these reasons, Carver County Parks requests the conditional use pennit be amended to eliminate the horsepower restriction at boat access # 1. Enclosed is the proposed Amendment #1 for the Conditional Use Pennit for Lake Minnewashta Regional Park Please notifY me with any questions or concerns by October 15th, 2004. . Klevan Schmitz P / ks oordinator r County Parks SCANNED ¡v. ~. ~? / ¿ J/ I J lÜ1L \ , ( C' CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA :t CONDITIONAL USE PERMIT' LAKE MINNEWASHTA REGIONAL PARK THIS AGREEMENT, made and entered into by and between the City of Chanhassen, hereinafter referred to as the City, and the Board of Commissioners of Carver County, hereinafter referred to as th~ County; WITNESSETH, That in the exercise of their powers pursuanttÖ law, and in consideration of the mutual covenants herein contained, the City and County recite and agree as follows: Section 1. Recitals. 1.01. State Law and City Zoning Ordinance. It is qcknowledged by the parties hereto that under the provisions of M.S.§398.32, no county park lands or waters may be acquired within the limits of any city without the approval by resolution of the govering body of any such city; and it is further acknowledged that under the provisions of the City zoning ordinance, parks and recreational areas owned and operated by governmental units may be allowed within residential zoning districts only upon the securing of a conditional use permit from the City. 1. 02. County Park Proposal. The County proposes the acquisition of a regional county park to be located on the northeast shore of Lake Minnewashta, designating said park as Lake Minnewashta Regional Park (hereinafter referred to as the "park"), ~nd has made applica- tion to the City for approval of said acquisition and the issuance of a conditional use permit. 1.03. Lake MinnewashtaRegional Park Master Plan. Except as here- inafter modified or otherwise provided,the Lake Minnewashta Regional Park Master Plan as approved by the County Board of Commissioners by resolution dated August i 1975, forms the conceptual basis of the within conditional use permit for said County Regional Park. Said Master Plan and approving County resolution are attached hereto as Exhibits "A" and "B" respectivèly and incorporated herein by reference_ 1.04. General Purpose. The purpose of this agreement is to set forth the terms and conditions governing the approval by the City of the parkland acquisition and the grant of the within conditional use permit which are conditions precedent to land acquisition by the County for the park. Section 2. Park Areas C and D 2.01. Master Plan. In reliance on action taken by the Metropolitan Council of the Twin Cities and its Physical Development Committee, whereby land area Parcels C and D were incorporated in and made a -1- ( c part of the Master Plan of the Lake Minnewashta Regional Park, here- inafter referred to as the "Master Plan," the parties heretb ' acknowledge the necessity of the acquisition and development by the County of land area Parcels C and, D east of State Trunk Highway #41 for utilization as a natural demonstration anéÌ study area. 2.02. Acquisition Funding. The parties hereto acknowledge that Parcels C_and D are integral components of the MasterPlan and the acquisition of said parcels is essential to the full development of the regional park. In recognition thereof,' the parties mutually agree to employ their best efforts, jointly or severally or in concert with Independent School District No. 276, ,to seek funding as expedi- tiously asposs·ible for the acquisition and development of said Parcels C and D through grants from the state and federal goverpments and the Metropolitan Council of the Twin Cities. Section 3. Schematic Plan. 3.01. Design Capacities. The design capacities as-set forth in Section III, Schematic Plan, Of the Master Plan, and the Lake Minne- washta Park Use Calculations of the Subcommittee for Master Planning of the Lake Minnewashta Park, dated May 28, 1975, and attached hereto as Exhibit "c" and incorporated herein by reference, shall constitute the maximum development allowable in said proposed park. Section 4. Development Plans. 4.01. Review and Approval. Detailed development plans within the proposed park shall be submittèCí'to 'the'CitYfòr-revIew'"áiia--còrttment..- prior to approval by the County. Itis'not contemplated that the' City shall have approval authority over the detailed development plans so long as they are consistent in scope and capacities with the Master Plan, except for appropriate development standards which may be '<- applied to development generally within the City. Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit. 4.02. Trail Connection and Lake Lucy RöadExtension. Upon the acquisition of land parcels Cand D, appropriate provisions will be made to accommodate the connection of said parcels with the trail system proposed by the City, and if necessary, to permit the extension of Lake Lucy Road westerly to State Trunk Highway #41 over the extreme' southern limits of Parcel C. 4.03. Development Schedule. The County does not propose any signi-' ficant development of the park until funds are available through the grant program of the Metropolitan Council. Between 1978 and 1982, the development activities at the park are proposed to consist essentially of establishing a land stewardship program, development of a primitive lake public access facility, and use of the existing buildings as either a nature center or museum and park employee residence. -2- J;, .;.,o..~ (:, ( 4.04. Land Stewardship Program. The land stewardship program will consist principally of gradually phasing from cultivated land to turf establishment on Parcel E, . establishing a tree nursery, beginning prairie establishment on a portion of Parcel B, providing necessary access control in terms of gate and fencing, controlling noxious weeds, and to the extent feasible, controlling Dutch elm and oak wilt disease~ Section 5. Advisory Committee.- 5.01. Advisory Committee. The park is intended to fill the, regional recreation needs of the Chaska, ChanhasseIi, and Victoria areas in Carver County, which is generally described as Service Area I in the County's Park and Open Space System Plan. In order to provide a means of continuing review during the development and operating phases, Carver County shall establish an Advisory Committee for Service Area 1. This Advisory Committee shall consist of two representatives from Chanhassen, one from Chaska, one from Victoria, and one from the County Park Commission. The City representatives will be appointed by the respective City Councils on an annual basis. The Advisory Committee, shall review the County's development plan and make recommendations to the Carver County Park Commission in regard to such plan. The Advisory Committee shall also monitor park operations in a general way, and shall make recommendations to the County Park Commission in'regard to improvements in operating policies. The Advisory Committee members shall also keep the City Councils of their respective cities informed of their general activities. They shall also s$rve as the conduit of concerns from their respective City Councils to the County. The Advisory Committee snaIl be established at such time as the County begins preparation of detailed development plans or at the request of the City prior to that time. Governing Ordinance, Policing, Fire Protection and Access. Section 6. 6.01. County Park Ordinance. The Park Ordinance of the County, a copy of which is attached hereto as Exhibit "On, shall regulate the use of the park. The City and the Advisory'Committee shall recommend any appropriate amendments to the County Park Ordinance or regulatory County Bbard Resolutions as the same maibe applicable to the park. In addition, all County proposed park ordinance amendments or regulatcn;:-y resolutions shall be reviewed by the Advisory Committee for its recommendations and comments prior to enactment. 6.02. Policing. Policing of the park shall be the'responsibility of the County through its Sheriff's Department at no cost to the City. Any supplementary police services furnished by any future City police department shall be performed only under the terms and conditions of a mutual aid agreement between the City and the County. 6.03. Fire Protection and Emergency Services. Fire protection and emergency rescue services necessitated by land-oriented incidents shall be provided by the Fire Department of the City. Emergency rescue ser- vices necessitated by water-oriented incidents' shall be provided by County lifeguards or the County Sheriff's Water Patrol. -3- ; (~ ( 6.04. Lake Access. Access to Lake Minnewashtathrough·tpe park shall be limited to non-motorized boats or fishing boats of fifteen (15) horsepower or less. Roads, Water and Sanitary Sewer.Seniices. Section 7. 7.01. Roads. All roads and trails within the park shall be con- structed and maintained, including snow plowing, byihe County. 7.02. Water and Sanitary Sewer. Services. The County shall.provide water and sanitary sewer systems through òn-sitefacilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory power thereof. Whèn availahle, said water and sanitary sewer services shall be connected to the City facilities at the expense of the County. . All connection charges, Metropolitan Waste Control Commission sewer availability charges (SAC charges), and sewer and water usage charges shall be paid· by the County to the City at the reasonable and customary then prevailing City rates for. comparable uses. Except for trunk water and sewer assessments payable as provided in §8.0l hereof, sewer and water charges_will not be based on a price structure which assumes a 211 dwelling unit develop- ment, but rather will be based on a comparison of volumes generated by similar residential, commercial, or institutional uses. 7.03. Water and Sanitary Sewer Easements.. The County shall provide, consistent with applièable Metropolitan Council policies and the grant contract for acquisition, of the Lake MinnewashtaRegional Park between the County and Metropolitan Council, at no cost to the City, such linear water and sewer easements as the City may deem necessary to provide water and sanitary sewer services to the park.and contiguous areas. Said easement alignments shall not be so located as·to materially affect the character of the Park. Section 8. Assessments, Taxes, and Costs. 8.01. Outstanding Assessments. By resolution adopted October 20, 1975, a copy of which is attached hereto as Exhibit "E", the City. levied a total of 211 trunk water and sewer unit assessments against the properties to be acquired for the park. It is a condition to the grant of the within conditional use permit that all of said assessments be paid in full by the County immediately upon its acquisition of said properties. Included within said payment shall be accrued interest computed pursuant to M.S. §429.06l. 8.02. Tax Equivalents. In the event the Metropolitan Council of the Twin Cities fails or declines to pay to the City tax equivalents under M.S. §473.34l, it is agreed that said tax eqUivalents shall be paid by the County to the City upon demand. 8.03. City Costs. The County agrees to reimburse the City promptly upon invoicing therefor, all reasonable and customary costs incurred by the City since the inception of the park concept through the con- ditional use permit. Eligible costs shall consist of publication and notification expenses, attorney fees, engineering fees, costs in connection with the November 2, 1977 public hearing, and any other reasonable outside direct costs to the City. -4- '. (, , . r I Section 9. General Provisions. 9.01. Indemnification. The County shall 'indemnify and hold the Cityl harmless from liability on account of injury or damages to person or property arising out of the operation of the park facilities_ In the event legal action is brought against the City, either solely or jointly with the County, on account of any such injury or damage, the Coun ty, on notice to it by the City, shall defend' the City in any such, action at the expense of the County. In the event of judgment against the City in any such action, the County shall-pay such judgment and all costs in connection therewith, and hold the City harmless therefrom The County does nótagree to indemnify,. hold harmless, or defend any action or pay any judgment arising from acts of officials, employees, or agents of the City while in the park. 9.02. Non-Assignment. Neither-the within conditional use permit nor the park contemplated hereunder shall be assigned or conveyed by the County without the prior written consent of the City. 9.03. Standards Applicable. The City Council and its Planning Com- mission have determined that in the grant of the within conditional use permit, the standards of the Chanhassen Zoning Ordinance have been met. 9.04. Execution. Each party warrants and affirms that the within agreement was duly authorized by its respective governing body and executed by its duly authorized officers pursuant to resolution duly adopted, and each party shall file withfue other party a certified copy of the resolution approving the execution of the within agree- ment. Executed this ~day of Chanhassen. . £{;/ ¿'/1>1 ~;-T' , 1977, by the City of CITY OF CHANHASSEN (j~' U~~~ Attes~_j(",j Cl(L~BY MAYOR· . City Clerk/Manager' ' Executed this 6th day of December Commissioners of Carver County. , 1977r by the Board of BOARD OF COMMISSIONERS OF CARVER COUNTY Ú)'f~ Vice-Chairman i I Att¿)t: , . ,; ,) 7 /z _¿.¿¿~~ á /Lj:<--~J6 County AUdit,;. By -5- (, ( BOARD OF ,COUNTY COMMISSIONERS ( Motion by Commissioner. " Aretz CARVER COUNTY, MHfESOTA Rèsolutioß No Seconded by Commissioner. Date December 6, 1977 Trende it~~~~~t~~ç·;:':~·:;·~-~~t*~~~~~~ -.-, . .. Commissioner Aretz moved, seconded by Trende, to approve the Conditional Use Permit. for the Lake Minriewashta Regional Park, and authorize the vice-chairman to sign the agreement with Chanhassen. 4 n _-.~~ _ . .... .-- YES NO . .... " , ~~~~;,!·,¡~ït~«~t~ Aretz Trende Gnan Ess Stote of Minnesota 1 ss. . . ' County of Corver í ., Rilìhard L... War.tma(l appointed I, Wi lUJl)(i4xJ5ilmel~er, uulyølè'4tld, qualified and acting Couilty Auditor for the County of Carver,Slote of Minnesota, do hereby certify thol I have compared the foregøingcopy of a resolution wilh Ihe original minutes· of the prouedings of the Board of' County Commissioners, Carver (ounly, Minnesota, at their session held on the, ·6th day of- December 19..1L, now on file in my office, and have found the some to be o true andcorreot copy thereof. I Witness my hond and official seal at Choska, Minnesota, this 3~V j)f January> 1978 C'~_.P. (Ç2.~_ - Count¡y Auditœ CITY,DF CHARSASSER q. - 690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: September 12, 1983 SUBJ: Conditional Use Permit, "Lake Minnewashta Regional Park (Formalize Previous Council Action) The City Council action was list ditional use permit by incorpor Lake Minnewashta Boat Access St the Council. II ed that their conditional use onal Park be amended. The held by the Plann~ng submitted to the City ested. Four were minor. politan Council to elimi- ion for launching boats at d considerable discussion citizens committee to , and to make recommen- In August of 1982, Carver County permit for the Lake Minnewashta request was processed, public h Commission, and their recommend Council. Five changes were be' The fifth, was a request from nate the existing 15 horsepo the Regional Park. That req and the City Council acted review the request, consid dation. On July 21, 1983, th its recommendations extensive and co 'attended by r thrus t of tha requirement power and to the Regional udy Committee presented e committee had been Meetings were well a area. The major the horsepower horse- point in Given the time that it expired from, Roger Knutson recommended holding a new hearing. On August 17, the Planning Commission held the second public hearing on this item. No public comments were received. The Planning Commission acted to, endorse the recommendation of the Lake Minnewashta Study Committee. Mayor and council September 12, 1983 P ag e 2 The recommendations of the Lake Minnewashta Study Committee have been incorporated in the attached amended conditional use permit. The permit also encompasses the four minor changes considered one year ago. Recommendations of the Planning Commission, which do' not relate to the conditional use permit itself, are recommended to be approved - but not as a part of the conditional use permit. Specifically, city staff should be instructed to physically close the access adjacent to Leach's when the new access is completed and to insure that the "no wake zone" is designated in accordance with the new Water Surface Usage Ordinance. Regarding the boat access policy, such should be considered by the Planning Commission as a part of their current ordinance revisions. Approval of the amended conditional use permit, as herein attached, is recommended. £µ~fr ( .....'vJ...~-L..&...µ (: Report Of TÌle Lake Hinnewashta Study Committee Jùne 1983 Members: Arnie Hed - Chair Clark Horn John Neveaux Tom Herz Pat Hurphy Established: by City Council -. August 1982 ,-. ~ Char~: To study public access alternatives for Lake 1v1innewashta Back9!ound: 1. City/County Conditional Use Permit for Lake Hinnewasht.a Regional Park has 15 horseþower limit. 2. City's informal access adjacent to Leach's Resort is unrestricted. 3~ Private access (Leach's) i& unrestricted. 4. DNR does not recognize any of these 3 accesses as meeting their definition. Therefore, no fish management progrüms. . . 5. Metro Council would not approve development master planar future development funding for Lake Minnewashta Regional Park with the 15 horsepower restriction. Also, affected City's park grant consideration. 6. County applied for C.U~P. amendment deleting the is horsepower restriction. 7. Park & Recreation Commission recommended approval. 8. Planning Commission recommended denial. 9. City Council established this committee to study alternatives. Commi ttee v~ork: . 1. Met with DNR & Metro Council representatives: a. Neither DNR nor Metro Council will use their funds for more shoreline when Regional Park has 2 miles. b. DNR would b~ amenable to location other than the parK-if they did not have to fund land acquisition. Attachment #2 b8 permunentr- 01: aaequat:.e aesJ.gn, a~a -cr'< PdLl<;',L119 ùJ.Cc:1. ' cannot be f -ated from the 12<unchJ.nÿ., -~a by roadway. à. Total of 32 to 37 parking spaces must be provided to meet DNR· and Hetro Councilrequircments. Some ofthése spaces could be assigned to the restricted access on Little Minne. 2. Reviewed potential access axeas around lake: a. Existing city acce.ss adjacent to Leach I s Resort: '* Developed plan for moving Minnewashta Parkway. * Not economiçally viable. * Residents object to currént use and long ter~usé as access. * Apparently unwilling sellers. b. Leach's Resort: * Development potential of land too valuable fo~ long term use 'as access. * Extremely expensive to acquire. c. Island at south end of lake north of Hwy. 5: * Safety problems with car/trailer access off and onto Hwy. 5. * Marginal in size and may require fill on island. * Environmentally sensitive around island as spawning, area. * Fill required would make turn lanes expensive and environmentally harmful. Permits for filling would be difficult to obtain. * Potentially expensive ànd difficult to acquire. d. Existing neighborhood accesses (street extensions) located in several subdivisions: * Extremely disruptive to established neighborhoods. * . Exp(~nsi ve and difficult to pro,,!ide parking. ' e. Lake Minnewashta Regional Park (3 þotential areas) : * Little Minne is environmentally sensitive and should not bè the principal.public boat entrance to the lake~ -_.,"o~"-<.,-.' . N MAP AL J AER ~?~... .'" '".('<. J~~~t··'i~,~~-.· ìrir~:;~w~;::~: .'i-f<~""'~-- ~:!"A' .~... ~,,~ ~~ ~ NNETONKA NNESOTA I M LAKE M BY co. M NN NG I MAPP HURD GROVE MARK . ) MINNE APOLIS ) ST. OAK 230 ft. 5000 400° 3000 2.000 1000 o . I. rn 1 3/4 2. ~ o , '0" . SEPE RATE FROM PHOTOGRAPHS 23 MADE AL WAS AER MAP TH IS . I:"~ "0'" J_:; ..:::-Jfl.: 1~"'/"1" ç:;1!i~tl ~~~ .......,4>..~~.oiii r~~~t~~~;¡~~~~~~ &~","'r;~.'-iI.....;.. .':./~~';'~':"~iII"'t.i-" ~-èÌt'. 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