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Attachment 17. Conditional Use Permit CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES CONDITIONAL USE PERMIT#2017-10 1. Permit. Subject to the terms and conditions set forth herein,the City of Chanhassen hereby grants a conditional use permit for the following use: the grading and construction of Bluff Creek Boulevard and minimal grading in the secondary zone to construct driveway access to the senior housing site proposed on Lots 5 and 6,Block 1, Avienda Addition, Carver County, Minnesota For the Avienda development project to develop within the Bluff Creek Overlay District. 2. Property. The permit is for the following-described property located at the Southwest corner of Lyman Boulevard and Powers Boulevard northwest of U.S. Highway 212 ("subject property") in the City of Chanhassen, Carver County, Minnesota: All Lots, Blocks and Outlots,Avienda Addition, Carver County,Minnesota 3. Conditions. The permit is issued subject to the following conditions: a. The developer shall maintain the Outlot A, Avienda subdivision for permanent open space. b. No encroachment in to the primary zone will be allowed. c. Monument signs indicating the Bluff Creek Overlay District shall be placed at every property corner and angles with signs no more than 150 feet apart. d. The least amount of impact possible to the primary zone shall be taken for Bluff Creek Boulevard extension. e. Bluffs must be preserved as set forth in Article XXVIII of city code. f. Density transfers can be used to cluster development in areas where the location of the primary zone makes portions of the site unsuitable for development. g. Natural habitat areas within the primary zone must be preserved as open space. h. The primary zone must be 100 percent open space. i. All structures, except access driveways and and retaining walls must be set back at least 40 feet from the primary zone. 1 j. The first 20 feet of the setback from the primary zone should not be disturbed. If disturbed,the applicant shall submit a plan for the restoration of areas adjacent to the Bluff Creek primary zone with species consistent with the city's Bluff Creek Watershed Natural Resources Management Plan. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced,this permit shall lapse,unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: July 10,2017 CITY OF CHANHASSEN By: Denny Laufenburger,Mayor (SEAL) By: Todd Gerhardt,City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2017,by Denny Laufenburger Mayor and Todd Gerhardt, City Manager,of the City of Chanhassen, a Minnesota municipal corporation,on behalf of the corporation and pursuant to authority granted by its City Council. 2 Notary Public DRAFTED BY: City of Chanhassen P.O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 g:\plan\2017 planning cases\17-10 avienda preliminary plat &pud\cup doc.docx 3