07-17-91 Agenda and PacketI
2
File
AGENDA
CHANHASSEN PI,ANNTNG COI,IUISSIOT\
WEDNESDAY, JULY 17, L99t, 7,30 P.l[.
CHANHASSEN CITY HALL, 690 COULTER DRIVE
PUBLIC HEARINGS
r fteD Del€teal .
1. conditional Use Pernit for installation of a portable chenicaltoiLet on an existing recreational beachlot, located on
llinner.rashta Parkrray. across fron Glendale Drive, Pleasant Acres
Homeor{ners Association
Infornal Discussl.oD .
Lundgren Bros./Ortenblad/Ersbo, ProPerty zoned R, Rural
Residential and RSF, Residential Single Fanily located east of
Powers Boulevard and south of Lake Lucy Road:
a. Prelirainary plat to subdivide 30+ acres to create 37
single taniti 1ots.b. wetland Alteration Pernit to alter/fiIl Class B wetlands.
wetland Alteration Pernit to pernit instalLation and
construction of a trsuperdeck Nature walkrr across the lretland
to connect the tlro high areas in Hernan Field Park located
south of orchard Lane and east of Forest Avenue, city of
Chanhassen.
Iten Deleted r
KRJ Associates for Americana Cornrounity Bank, located on outlotA, Market square, property zoned PUD and Located at the
southwest corner of the intersection of W. 78th street and
uarket Boulevard:
a. Replat a portion of outlot A, Uarket square.
b. site Plan Review for a 7,740 square foot building.
6
3
4
t
5
APPROVAL OF I,IINUTES
CALL TO ORDER
wetland Alteration Pennit for the realignnent of Hwy. 101
(south feg) and also the west 78th street detachment and the
rnitigation of approxinately 2.5 acres of wetLand, city of
chanhassen.
Zoning Ordinance Amendment to define/clarify bed and breakfast
establishments.
OLD BUSTNESS
NEW BUSINESS
CITY COUNCIL UPDATE
ONGOTNG ITEIIS
AD},IINISTRATIW APPROVAIS
OPEN DISCUSSTON
7. Non-conforning uses.
8. Non-confoming recreational beachlots.
AU'OI'RNII{ENT
CITY OF
EH[NH[SEEN
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
PROPOSAL
The applicant is proposing to subdivide 30.3 acres into 37 singlefamily lots. The net acreage of the site is 26.3 acres after
rernoving street right-of-way and wetland areas. The density of the
proposed subdivision is L.22 units per acre-gross and 1.4 units per
acre-net. The applicant is proposing to subdivide the Ersbo and
ortenblad property. Both the Ersbo and ortenbLad property containa single farnily residence which wiII be naintained as part of thesubdivision. The lots 37 will be serviced by one loop public
street and one cul-de-sac. The lots all exceed the nj.ninum 15,000
square feet of area with an average lot size of 30,900 square feet.
The site contains nany physical features which restrict the
development of the property. There are seven wetlands located onthe site. The Largest wetland contains 5.3 acres and is a Class A
s/etland protected by both the City and the DNR. The renaining 4
wetland areas are Class B wetlands ranging in size fron 2.2 acresto .06 acres. The site also contains heavily vegetated areas,steep slopes and, as previously mentioned, existing single fanilyresidences. As a result of the existing features of the site, thelocation of the public street and lots results in several variancesto the 75 foot setback from the uetlands. The najority of thevariances to the 75 foot setback are located along the south sideof the cul-de-sac and the south side of the large Class A wetland.
The applicant is proposing to conpletely fill one of the class Bwetlands for street irnprovenents, to fill a portion of the other
wetlands to allow for the creation of lots and buildable areas andfill a portion of the class A uetland to allow for the location ofthe public street on the east side of the Class A wetland.
I.IEMoRiAN Dt U
To: Planning CornroiSsion
FRou: PauI Krauss, Planning Director
Jo Ann olsen, Senior Planner
DATE: July 12, 1991
SU&r: LundgrenBrothers/ortenblad/ErsboProposal
Lundgren/Ortenblad/Ersbo ProposalJuIy 12, 1991
Page 2
PROJECT D ISCUSSION
WETI,AND IS SUES
Staff has been working intensively with Lundgren Bros. Constructionto develop and refine plans for this subdivision over a period ofmonths. The design process for this site is unusually complexgiven the difficult terrain, presence of numerous wetlands, desireto protect existing hones and incorporate then into the plat and adesire to rernain sensitive to the environnent and toward creatinghigh- quality residential hone sites. The design processaccelerated recently when it becane clear that Lundgren had- a needto create these lots as soon as possible and are striving to havehone sites available prior to the end of the 1991 con;tructionseason.
Prior to the subnittal of this proposal for review, staff and thedeveloper had a long discussion as to whether or not this should bebrought in as a straight subdivision or as a pUD. At that tj.ne, webelieved it would be highly desirable to develop this as a pUDsince the frexibility that woutd be provided courd be o""d to ,..tthe goals described above by providing flexibility in setbacks,street widths, etc. However, as you ale aware, statf is workingwith the Planning cornmission to deivelop a new pbD ordinance. Thenew PUD ordinance has been adopted and is in place, except for thesection with deaLs specifically with singli farni.ry risidentiatdevelopnent. Given the uncertainty of the status ot €he ordinance,staff reruc_tantly advised the developer to bring this proposal inunder straight RSF standards. The developer did lyirat- he wasrequested to do and .applied for a subdivision. It was only afterwe were able to review the finar proposal that we conclud6d thatprocessing the request as a straight subdivision would raisenumerous issues. These issues are described further be10w.However, at the eleventh hour, after extensive discussions, weconcluded that this really should be brought forerard as a pUD butrre wanted to provide the planning Connission with an opportunity toreview the proposal and digest the issues involved ii-an informarnanner. Thus, we deternined that we would keep this iten on theagenda as a discussion natter wherein the conplei issues pertainingto the design of this proposal can be exploied and the -Connissioi
can obtain infornation fron the engineer ind wildlife biologist whoparticipated in its design. we therefore, took the a"iion ofnotifying the neighbors that the official public hearing is goingto be rescheduled to August 7th and the July 17th neeting woufa Utheld for informational purposes on}y.
The location of the wetlands and desire to protect and inprove thenis rea1Iy the driv.ing force behind rnost ot tnis discussio-n. As youare alrare, there is a large C1ass A DNR protected wetland tocaLedirnnediately south of Lake Lucy Road that is high1y visible. What
Lundgren/ortenblad,/Ersbo ProposalJuIy 1,2, 1991
Page 3
may not be as clear is the fact that there is also a large class B
wetLand on the southern part of the property which extends north
from Lake Lucy, plus several snaller wetlands and rretl.and fringesthat are scattered throughout. The ultinate result of these
wetlands is that it is virtually inpossibfe to develop a reasonable
subdivision on this property vithout sone trade-offs. The trade-
offs as envisioned by staff include protection for the DNR wetland,nitigation for the other class B wetlands provided elsewhere on the.
site in the form of new uetland expansions and improvenents. In
principal , this is not nuch different fron normal practice,
hoirever, the reality is somewhat different due to the nagnitude of
these reguests and the issues involved. To his credit, the
developer retained professional assistance in designing this plan.
The design goal of this effort uas to Provide inprovernents to the
DNR uetland and inprove rrater quality of others before discharginq
down stream. Evidence obtained during this analysis indicated that
the large DNR tetland is actually seriously danaged by high
nutrient loaded runoff. chemistry studies of the water indicate
that it is virtually devoid or dead of roost life forns it should bd
supporting to have a full diversity of wildlife. The .proposal
calls not only for pretreatnent of uater prior to discharge into
the wetland, but also raising the water level of the wetland to
allow nore biological diversity to occur.
Staff is reasonably confortable with the trade-off concept proposed
by the applicant in principal and we believe that this subdivision
hrould be a highty desirable project. However, there are severalpoints that are being refined at the present tine and hopefullywiLl be resolved before this natter is brought back to you for
fomal action. The first matter is that there is an intrusion intothe DNR wetland for the public street. Although this is being
compensated, staff is asking that every atteupt be made to
elirninate this intrusion. The intrusion of the road in this arearesults from a desire to protect a wooded hillside and a belief bythe applicant and his consultants that the net affect of the
inprovements that are being nade for this uetland will be positive.
Holrever, upon reviening the p1ans, we have concluded that thisintrusion can 1ike1y be significantly reduced and possibly
elininated and ve are asking that this be done.
The second matter concerns the lretland trade-offs. NorDal practice
in the past was to create sedimentation ponds and basins asphysically separate entities which then discharge rrater into thewetlands. These ponds have not proven as effective as we rrouLdIike in removing nutrients fron storE water and there are new pond
designs that are supposed to be doing a better job. The currentproposal ca1Is for use of ponds abLe to remove nore of the nutrientIoad. The proposal being worked on by the applicant would havethese ponds actually be constructed as what would functionally andvisually be part of the rretland system. The applicantrs consultant
Lundgren/Ortenbl ad/Ersbo ProposalJuly 12, 1991
Page 4
will be on hand to discuss this further but it is their opinionthat this can produce a higher quallty of storn water runofi ttranhas.previously been the case. Staff is excited by this concept butis in the pro^ess of getting nore infornation to see how thes-e lookfron a visual standpoint, if they nill in fact be functional partsof the rretland and can be counted towards the no-net--1ossreguirernent or if they rrouLd be counted as retenticin basins as theyhave been in the past.
VARIANCES
Although extensive attempts have been nade to elininate thern, thereare variances that result fron this proposat. use of standird RSFsetbacks has produced a series of vaiiances for setbacks on anurnber of 1ots. fn spite of the fact that these lots are generallyoversized, with an average 1ot area of 3Or9OO sqrrlre feet(including rretland.areas platted onto the 1ot and pilteEea ryeasenents), the vari.ances result fron the large nunbei of wetlandlthat- rnake it irnpossiblg to deverop this site without being infairly llose proxinity to them- Ay tne applicant's "orrrrt,- tt "..were 11 lots having setback variances. we btlieve that this nurnberis. actually sornewhat higher, since the appricantrs enlinel.-rigureawetland setback variances fron the exiiting lretrand areas and notfron the expanded wettand that will result kron the raising of theDNR.wetland by 2 feet or fron the rretlands that wirr be cr6ated asmitigation strategies. At this point, it is uncrear as to what thetotar nurber of variances will be but it is clear that there is asufficient number of then that rre are uncoDfortabre with this b;intreviewed as a straight subdivision. It nust be stressed, however,that these variances. do not inpry that this proj ect has'excessivedensity or that it is poorly designed. In -faci, we believe thereverse is true. The density is quite 1ow and the design isextrernely sensitive to the goaLs that have been estabrished forthis site.
PUD
Having reached this point in our analysis, it was clear to staffthat this project is one that is ideally developed under the pUDordinance. The pUD ordinance witt give-us flexibility to nodifystreet right-of-way, front yard sLtbacks and wetlind setbaclstandards so that a reasonable nunber of hone sites can bedeveloped in an environmentally sensitive manner. fn soneinstances, the ftexibility provided by the pUD would be used toIower. the -rear yard tetLand setback standard. In others, thestreet right-of-r,ray and front yard setback wourd be decreased tomove the home further from the wetland than would be possible undernornal zoning requirements.
Lundgren/Ortenblad,/Ersbo ProposalJuly 12, 1991
Page 5
Since we are in the niddle of developing a new PUD ordinance, it
would be worthwhile to look at the inplications of using the PUD
ordinance as currently drafted at this tine. The section of the
ordinance that originally dealt specifically wi.th single fanily
developnent has been elininated and not yet replaced, while all
other sections of the ordinance are in place at this tine. upon
closer examination, we do not believe that this in anyway affects
our ability to use the PUD ordinance on this proposal, even though
it is single fanily development. we say this since the former
Section 20-504 was specifically designed to deal with lots being
created under 151000 square feet in area. As noted above, the
averalre Iot size of 3or9oo square feet on this proposal is over
twice the usually standard. Furthernore, we believe that the
inproved PUD ordinance as it exists gives us sufficient flexibitity
to handle this developnent as a PUD and creates such standards as
we feel appropriate.
while we clearly believe handting this project as a PUD is an
appropriate way to go, the question wilL inevitably be asked by
some rrwhat is the city getting out of this?r' I have never beenentirety comfortable with this question being posed in this manner,
however, there are a series of direct benefits that rrould accrue
from handling this proj ect in this Danner.
Lundgren has a justified reputation as being a high quality
developer creating projects that are environmentally sensitive
and excellent residential neighborhoods. we have first hand
experience in our community of this expertise and we believe
having then do additional proj ects in our cornmunity is adirect benefit.
The wetland enhancement program being developed for thisproject is one of the Dost advanced, if not the most advanced,
lre have dealt with in Chanhassen to date. They are not onlylooking to avoid the rretlands directly or to provide no-net-
Loss for any intrusions but they are also looking to makesignificant improvements into the quality of the rretlands and
have invested in the studies and plans required to do so.
Under the PUD, we will be varying some of the rear yard
setbacks below norrnal requirenents where necessary frour adesign standpoint. However, in return we will be reguiringthat a natural strip be naintained around the perineter of the
$/etLand so that sod lawns are not created right up to the
rretLand fringe. As a philosophical point at a staff level, r,re
have often discussed the validity of a 75 foot setback or anyother setback for that natter if at the sane tine rre a1Iow aproperty owner to put a sod lawn adjacent to the wetland.
When this is done, there is no fringe vegetation to supportwildlife and organi.c lawn debris and chenicals run directtyinto the r^rater body hrithout any filtration. The pUD gives us
1
2.
Lundgren/Ortenbl ad/Ersbo ProposalJuly 12, 1991
Page 6
6.
the flexibility to deal with this issue up front.
Tree preservation will be enhanced above what would nornallybe exp-ected in a typicaL subdivision. We believe we nornall!do a fairly good job with preserving trees in subdivisionslhorrever, we rrould be able to use the flexibility of the pUi)
ordinance to help work around tree preservation aieas that aredesignated.
4 We nust continue to stress that the purpose of this pUD is notto support undersized lots. Rather we are getting oversized1ots.. However, lre are. aI_so getting a nodicurn of clusteringsternrning fron the deviations frou nornal setback stanaaiaithat would be allowed under the pUD. By this rre mean that thedisturbed areas used to acconrnodate a h6use, arivewiy .;e 1;;;areas will be sornewhat nore compacted than what wotild be thecase rrith nornal zoning and conpliance with normaL ."tUi.istandards. For exanple, if we utilize a snaller street right_of-way and a reduced front yard setback, the disturbed iieawill be clustered closer to the paved street than would be thecase with a fuII size right-of-way and ful1 size setback.
The subdivision ordinance is in the process of being nodifiedto reguire inproved landscaping, however, this is iot yet j.nplace. Lundgren typically does an adnirable j"U oflandscaping their projects and has indicated to staif thatthey intend to do so on this site as weL1. Horrever, the pUDdoes give the city the flexibility to require theseS.mprovements as part of the developnent contract thich wouldprovide assurances that the city is in a position to reviewand approve what is ultinately placed on the property.
The Ersbo plat does not represent an optinal subdivision inspite. of having been revised twice. The short stubby cuf-ae-sac with lots fronting-directly on lake Lucy Road, aU-utting upagainst a sharp hill line wi[ result in -Iower 'quality fot'sand the placeDent of_ a road or private driveway -innediately
adjacent to a uetLand. Tha Lundgren proposal woulisignificantly. iurprove this situation by inc6rp6rating thisarea into a high quality subdivision, lolate thd road f-urttreralray from the tetland and provide an irnproved design forsedinent and nutrient reduction of storn iater flowin! intothe wetland.
rn conclusion, it is our opinion that the city wourd best be servedby having this development, pursued as a puD iather than a straightsubdivision. we are seeking pranning comrnission comnent on tf,:..matter as well as your conDents on the developnent proposal itsel.f .
5.
SU}.{IUARY
Lundgren/Ortenblad/Ersbo ProposalJuly 12, 199l-
Page 7
In our opinion, the current proposal comes very close to being anoptinal design for this site. Inprovements and nodifications
suggested by staff are not najor deviations from this proposal and
due to the cooperative relationship rre have with this applicant, webelieve a very high quality developnent will result.
CYYIL \D.- CCY\
ORTENBIADASBO PROPERTY
CONCEPT PIAN
AND
PRELII{INARY PIAN
PREPARED FOR TI{E
PI.ANNING CO}'}fiSSIO!I AND CITY COI'NCIL
or
CHANIIASSEI{, UINNESOTA
Subuitted by:
Lr:ndgren Bros. Construction, Inc.
935 East Vayzata Boulevard
Vayzat-a, l{irmesota 55391
(6L2) 473-L23L
I
June 17, 199I
TABLE OF CONTEMS
Page
r DEVELoPMENT TEAI.I. .............1.
A. The Developer ............1
II INTRODUCTION, .......1
B.
A.
ConsultanEs.
Location.
1
1A. Purpose of Presentation.....
B.Prior Review.
III
v
EXTSTTNG SrrE... ......2
A. Natural Resource Analysis - Site Character!-stics . , ...,2 .
2
2
B. Adjacent Property. .......2
IV GENEML STATE}IENT OF CONDITIONS AND CONCEPT. ........2
B. Legal Descrlption... ............3
c. Land Use Guide PlanlDensity.. .........3
F. Physical Constralnts. ...........4
c. lletland Mitigation and Enhancenent . . . . . ........4
H. Variances. .......4
IrrrlrTrEs. ...........5
A. Sanitary SenerTllft Statlon. ........... '5
I
B. l.tunicipal lfate! SysteE. .........5
C. Ston0 Water Retention Pondi.ng. ........5
TABLE OF CONTBITS (cont,d)
Page
TR3NSPORTATION SYSTEI,I. .. .. .. .6
CITY PARKS AND TRAIL PI.ANS.. .... .....5
VI
VII
VIII
IX
x
XI
I
...6
A
...7
l.toNrJlrENTATroN,/s TGNAGE. . .
COVENANTS .
FINANCIAL CA?A3ILITY. . . .
CONCLUS IONS .
I
I DEVELOPUENT TEA}i
A.The Developer
The Developer of the ortenblad/Ersbo Land ('ProPerty") is Lundgren
Bros. construction, Inc. (Ihe Developer), a I'tinnesota CorPoration
located in l{ayzata, Minnesota. The Lundgren Bros. tradition has
been synonyxnous with quality neighborhood corsunities Ehroughout
the l,tetropolitan Area for titenty-tuo years. Lundgren Bros. is the
developer of the 350 acre "Near Uountain" Planned Unit DeveloPnent
i-n Northeast Chanhassen.
fhe Developnent TeaE is coordineted by
Mi-chael Pflaun, Vice President; and
President.
B.Consultants
INIRODUGTION
A- hrrpose of Presentation I
Peter
Terry
PfIar.rn, President ;
!1. Forbord, Vice
Engineer: Site plan design and Public facilities
shall be perforned by Richard !J' Sathre, P.E.'
Bergquist, Inc. in Eayzata, Minnesota.
perforned by Thonas
Sathre -Bergqui sE, Inc.
analysis,
Kuasny, P.E
engineering
of Sathre -
and
,of
the Charrhassen
the proposed
the necessary
Surveyor: Site surveYing shall be
Bergquist, Registered Land Surveyor, of
Eayzal-a, Hinnesota.
Subterranean Soil Analysis: SoiI review,
reconmendations shall be perforned by Willian C.
cME Consultants, Inc. in Plynouth, llinnesota.
s.
in
Wetland Biolog,ical Anelysis: Regulated wetland nitigation,-esign, perniti, delineation and nonitoring shal'l be perforroed by
Franf Svoboda Wildlife Biologist, of Braun Engineering Conpany in
Mendota Heights.
Environmental Assessnent: Phase I EnvironEental Audits shall be
perforned by t{ichael J. Murphy, Environmental Geologist, of Braun
Intertec EnvironEental , Inc. in llendota Heights.
landscape Architecture: Entrance Eonunentati-on and landscape
design sha1l be perforned by J, Dean Bailey, Registered Landscape
Architect,/AsLA, of Arteka, located in Uirmetonka, l{i'rmesota '
Market Analvsis: Prelininary Earket analysis shdll be perforoed
by Roger Corihaln, of Conhain and Associates located in
Minneapolls, Minnesota.
Ttre purpose of this PresentatLon ls to Prowide
Planning Connission and Gity Council details of
subdivision (depicted on Exhi.bit A) and to obtain
concept Plan, and Prelininary Plan approvals.
I
II
B. Prior Reviev
Prior to the fornal public hearing, the Developer and its
Consultants will be conducting an infornal infornational Eeeting
with nei.ghborhood residents, rrho own property within 500 feet of
the proposed Project, to receive their comrnents and answer their
questions. This meeting is scheduled for fhursday evening July
11, 1991.
III EXISTING SITE
A. Natural Resource AnaLysis - Site Gharacteristi-cs
Except for a few concentrations of steep slopes, the topography
(depicted on Exhibit C) is generally rolling terrain with the
highest elevation being 1030 feet and the lorrest elevation being
951 feet. There are six protected wetlands on the site (depicted
on Exhibit E), with both the Departnent of Natural Resources and
the DepartEent of the Arloy Corps of Engineers having jurisdiction.
The Developer shall neet rith each agency and obtain all necessary
pernits and approvals. fhe Developer has net with City Staff and
presented its general concept of wetland nitigatj-on and
enhanceEent.
The 30 acre site is a nix of open pasture, uetlands, areas with
miscellaneous vegeEation and sone significanL wooded areas- The
Developer has deliberately pl.anned this neighborhood conaunitylrith sensitivity to each natural resource.
Located within the subject Propelty are the Ortenblad and Ersbo
honesteads (depicted on Exhibit B). The ortenbLad Property has a
few scatEered out buildings. During developnent Lundgren Bros.will take the necessary steps to renove these out buildings fron
the Ortenblad Property.
B.Ad iacent ProDertv
Ihe adjacent properties and land use exist as follows:
North - Curry Farns Subdivision zoned RSP.
South - existing residential single faoily neighborhoods
zoned RSF.
East - existing resldential single faoily neighborhoods
zoned RSF.
West - platted large undeveloped lots zoned R.R.
IV GENMAL STATEI{ENT OF CONDITIONS AND CONCEPT
Location
the Northern Boundary of the subject Site is the South side of
I,ake Lucy Road. The site is approxiEately 500 feet lJest of Powers
Boulevard (County Road 17) ln Northern Chanhassen.
1
2
3
4
A.
B Legal Description
The East Three Quarter s (3/4) of the Northeast Quarter (NE f/4) of
the Southrest Qlrarter GV L/4) of Section 2, Torrnship 115, Range
23, Carver County, l'tinnesota, EXCEPTING THEREFRoM Ersbo Addition,
according to the recorded PIat thereof on file and of record in
Ehe Office of the County Recorder, Carver County, I'lirmesota.
AND
Lots l and 2, Block 1; Lots 1, 2 and 3, Block 2; and Outlots A and
B, Ersbo Addition, according to the recorded plat thereof on file
and of record in.the Office of the County Recorder Carver County,
Minnesota.
c. I.end Use Guide PlaD/DensitJ.
fhe Property is currently guided for low denslty residential
single ianiiy housing by the City's Land Use Guide Plan' This
deslgnation "11or" "-n.i density range of L.2 - 4'O residential
avelling units Per acre. fhe ortenblad rsbo Property ConcePt
PIan arid ?relininary Plan proposes that 37 residential single
fanily dvelling uniti (dePicted on Exhibit B) shall be platted on
approiinately 30 ".r"s of land for a density of 1'23 dvelf ing
units per acre.
Zoning
The project consists of an assenbly of land owned by two different
sellers (deplcted on Exhibit G).
The Ersbo ProPerty is Presently zoned single fanily residential
(RSF) and is currently Platted as five residential lots and tuo
outlots. The Ortenblad ProPerty i-s Presently zoned rural
residential (R.R. ). The Developer proPoses to rezone the
Ortenblad Property to RSF. The i'ntent is that the entLre assenbly
of land shal1 be zoned RSF.
Project
Both Sellers have hones on their ProPerty and are Presently living
in then. The Developer ProPoses to carefully blend these existi'ng
hones into the neighborhood coronunity on their own lndividual hone
sires (dePlcted on Exhibit B).
Ihe Ersbo ProPerty now is Platted Lnto 5 averege home sites
(depicted on Exhibit G) with dlrect eccess froo Lake Lucy Road vie
a 170 foot long rlght anglle cul-de-sac. The general design of the
Ersbo Addition Plat, as it presently exists, Iacks ereativity,
harnony lrith the naEuraL amenities of the land and is not
aesthetically pleasing.
E
3
D
The Developer proposes to incorporate both the Ortenblad and Ersbo
Properties together into one quality neighborhood comnuni-ty
(depicted on Exhibit A). The Property would have access fron Lake
Lucy Road via a loop street through 'the Subdivision with tvo
separate entrances. Both entrances would be landscaped and have
x0onumentalion that identifies the neighborhood coxoEunity.
The Project vill have 35 residential single faroily home sites for
sale. With the two existing home sites there vi1l be a total of
37 hone si-tes.
P.Physical Constraints
Each Property has
difficult in the
c omruuni ty -
a nunber of
design and
constraints that prove
of this neighborhood
physical
plarming
Because the site is relatively sna1l , the existing hoEesteads,
steep slopes, various rreElands and clusters of trees, all inlocations th.8t Dake project design difficult, roake this en
extremely chall.enging project. An arduous attenpt has been nade
to provide for a sensitive response to the privacy of the Sellers,
the selection of each hoDe site, the Eiti.gaEion of uetlands, storn
!/ater nanageEent, tree preservati.on and the road right-of-vay.
G. I{etland }titigation and EntEnceEent
The Project conlains a total of 8.30 acres of nediocre quality
wetlands (depicted on Exhibit E). Because of the effort to
niniEi.ze the developmental iDpact on this site, only .85 acres of
that uetland (depicted on Exhibi.t H) will need to be filled and
relocated. The Developer irith the guidance of its expert rretland
consultants proposes to recreate .95 acres of new higher quality
lretland (depicted on Exhibit H) for a total wetLand area of 8.39
acres. No net loss will occur.
Additionally, uorking rrlth our Consultants, Lundgren Bros.
proposes to enhance the largest iretland on the site by controlJ-ing
its water level (depicted on Exhibit H). Ttre intent is that uhen
ve are finished, the site should have a higher quality of netlands
than lt had prior to developnent. This should provide a stable
variety of plant t]rpe and vildlife hebitat.
AII necessary pernits shal1 be obtai.ned fron each regulatory
agency that Donitors specific uetlands.
H.Variances
After extensive discussion uith Clty SEaff
for subnission, it was afreed uson to process
a standard suMivision rather tl":an a P . U. D.
regarding procedrrres
this application es
Apparently the clty is not coDfortable with lts presenE P.U.D.
ordinance and it is in the process of conpletely overhaul lng its
P.U-D. ordinance.
4
Because of the nunerous physical constraints (described nithin
this docuEent), in order for orderly developnent to occur, a
variance fron the City's 75 foot setback requireEent froE wetlands
will be necessary. fhe vetland setback area is dePicted on
Exhibit I. Eleven home sites (dePicted on Exhibit J) will require
a variance. Without the variance, the only alternatives are to:
f) Fil1 oore \retland, 2) clear-cut the site of its wooded areas,
3) nass grade the sj.te or, 4) not develoP the site. The hardship
is that unnecessary daoage would be done to the natural aoenities
of the land site under a different develoPnent scenario' A less
than desirable Project nould be the result.
If the city vould like to see the Ersbo ProPerty incorporated t'lth
the Ortenblad Property and developed i-n a nannet consistent uith
other quality Lundgren Bros. neighborhoods, then the variance is
necessary.
fhe proposed neighborhood conrunity wi.Il be connected to existing
Chanhassen sanitary sener lines along lake Lucy Road at two
locations. The Northeasterly six hoDe sites will be served by 8"
gravity lines connecEing to an existing nartrole 180 feet East of
irlington Court. The remaining lots will be served by 8" Sravity
lines connecting to an existing nanhole on Devonshire Drive North
of l:ke Lucy Road. Due to the existing lower elevations of the
Southern portion of this site, a lift station siII be required to
provide service. Ihis lift station is Proposed to be located in
the Southsest corner of the slte and uiIl serve the Southern Part
of this slte along irlth future develoPEent to the iJest. A duplex
wet lrell type lift station will be ProPosed.
V MILITIES
A. Sanitary Serrer./Lift Station
B. ltunicipal gater Systen
The Ortenbladfrsbo ProPerty uill be served by an 8" vateroaln
loop cormected to the existlng City of Chanhassen 18" trunk
vaternain along the Norttr/ si.de of Iake Lucy Road. This loop will
be cormected via ret taPs at Arlington Court and 350 feet l{est of
Devonshire Drive. The 8" loop vi1l Provide this slte vith
adequate flovs and Pressures for residential use and fire
protection. All hone sites vill be served rrith 1" water servi-ces.
Fire hydrants shall be located to Plovide fu1l coverage of the
site.
5
Because of the strict tiDe table that Lundgren Bros ' mtrst conforrn
to i.n order to conEence viEh this ProjecE this building season, it
vas nutually agreed upon to Proceed r.rith the aPPlication as a
standard subdivision.
The Ortenblad/Ersbo ProPerty is wlthin the Hetropolitan Urban Service.
irea (MUSA) boundary and sha1l be served by public facilities including
sanitary sewer, water, storE serrer and streets. A1I iroprovenetrts sha1l
be designed to conforrn vith City engineering standards. Ihe location
and sizing of existing storur sewer, sani.tary sener and waternains are
shovn on the accoBpanying uti-lities plan (depicted on Exhibit D).
c.Storn Water Retention Ponding
This neighborhood conounity is being designed around existing
uecland areas. The proposed drai.nage plan provides for the
construction of five (5) ponding areas with storD selrer lateral
lines directing storE uacer to these Ponds. AII runoff fron front
yards and street areas nill be routed through the ponding areas to
provide for water quality and sedinentation before entering the
setlands. An outlet control strucEure will be constructed on the
existing storm serrer line South of Lake Lucy Road to provide for
rate control for all storn water draini.ng North. Individual
ouElet structures will be constructed with the tl,o Southerly ponds
to provide for rate control. It i-s our intent to provide a storE
uater drainage systen that uill provi.de for racer quality and
procect this site and downstreaE sites ftoo flooding.
VI IRANSPORTATION SYSTETI
The Thoroughfare PIan for the City does not indicate the construcEion of
any roadvays through the subject Property. The Developer ploposes to
construct a t)rpical loca1 street that looPs through the neighborhood
community, vith ingress and egress from Lake Lucy Road.
Considerable care has been given to the selection of the riSht-of-way
atignEenE for this Iocal street. Consideration lras given to: locetion
of Sellers hooes, tree stands, uetland t)rPes and localions, soil types,
nininal grading, the orderly flow of vehicles, intersection alignnent
and of course aesthetics.
VII CITY PARKS AND IRAIL PIANS
The city's Park and Tra1l System Plan does not shov any designated parks
or trails uithin the subject proPerty.
Professionally designed and landscaped entrance Donu$ent areas are
defined on the plat and shall be provided at each entrance to the
neighborhood conEunity. The elenents of the oonuoentation and signage
shal1 be consistent throughout the neighborhood connr.rnity.
IX COVENANTS
As in all neighborhood coDEunities created by Lundgren Bros., strict
architectural and protective covenants shall be established and
recorded, to prolect the investEent of each honeorner.
X FINANCIAL CAPABILITY
As the Developer, Ltrndgren BroJ. intends to develoP the Ortenblad rsbo
Property as soon as it receives all of the govermental approvals
necessary for developnent to occur. Lundgren Bros. has successfully
been a najor participant in the residenti.al develoPBent of Chanhassen
for nore than ten years and has never failed to perforn on any of its
coEEitnents.
6
VIII HONINfii{TATION/SIGNAGE
XI CONCLUSION
As staled earlie! in this narrative, this is a very difficult Project to
design and construct. The Project is relati.vely small yet it has
nu$erous features in various Locations that are difficult to design
around .
Lundgren Bros. bel,ieves that the proposed Concept Plan and Prelininary
PIan for developnen! of the ortenblad/Ersbo Property enhances the
quality goals and objectives of the city of Chanhassen. It is our
pleasure to respectfully subnlt to you our ProPosal and request your
acceptance, tiEe being of the essence. Thank you for your
consideration.
I
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Size:
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Location: Lakeside
Watershed Di strict:
Area of Open.Water:
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Vegetation Types: P
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4. APPLICABLE WETLAND ORDfNANCE SECIION: 20_.13-1
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5. A DISCUSS THE TI{PACTS
ALTERATION TS MADE:
ON THE PROPOSED DEVELOPMENT IF NOTn ? tES,--t v art s i-,^J ( l.fro.zrd r-A5r
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WETLAND ALTERATION lTruITT
EVALUAUON VIORKSEEET
To Be compreted By Applicant and submitted vrith Appr.ication(Attach adaitional sheets ii -necessaryt
WE?LAND DESCRfPTION: 6,1* t
Streansiie _ Upland X
2. DEscRrPTroN oF PRoposED ALTERATTON: FrLr:^r( oF r*s so.rn+e.r,sr <or_^1614_
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5 B. IDEN?IFY AND DISCUSS OTHER ALTERN ATIVES TO WETLANDALTERATION: zw ! 411,/€dAJ L-O Aa T1t psinoc.f fl+€ ,rt €:€f €htf oC
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IDENTIFY TE
AITERATION:
E ADVANTAGES AND DISADVANTAGES OF T EE PROPOSEDo'r€
6
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USING TEE I.iETLAND ORDINANCE STANDARDS AS A GUIDE, DETERIUINEWHETHER THERE ARE ANY TNCONSISTENCIES BETWEEN TBE ORDINAI,ICXAND PROPOSED ALTERATION! Ilr€ Frq;^.rc. or lhs..r.-rwt_ro i=
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WETLAND ALTERATTON PEru.TIT
EVALUATTON WORKSIIEET
fo Be Completed By Applicant and Submitted irith Applicarion(Attach additionaL sheets if necessary)
IVETIAND DESCRIP?ION: rJu* I
Size: 2)- Ac
Class: $Type:2
Location: Lakes ide
Watershed District:
Area of Open Water:
S treams ide upland (
kt'-91 p uta, 41014 Gco?F c-@l
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Drainage Flows To!
Vegetation Types !
LAl(-€u.-l <-'/
PAcu a rx,, v €m N f !€n-6hc€o! S ./€Gt7,
Soil Types:F{ A.1 o € al uo *.,r..
2. DESCRIPTION OF PROPOSED ALTERATION: F:LL Noljlrdr_l FI,JA€L
OF /€1za'J0 )o *.-
3. PURPOSE OF PROPOSED ALTERATION: pl_o,r to€P-o t L.o t)C, A-f.Z A Hr(
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4. APPLTCABLE WETLAND ORDINANCE SECTION: 2o-13'7
5. A
It /f\., E A-rJ E c. !r/*tc I n,P 4q T1ft oE V€Lo?,4€N f
C ira.N i{A39!ti
DISCUSS THE IMPACTS ON THE PROPOSED DEVELOPMENT IF NOALTERATION IS MADE: oevq_clp En rro.rLrr LrrE. o^r€ r_o T L'l r+{c.r.t _ro.rly'
5. B. IDEN?IFY AN
AITERATION:
D DISCUSS OTHER ALTERNATIVES TO }iETLAND
t a-(r .J Q eL 84,/r l-of L 47oJ f rh S, uo r-O
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C. IDENTIPY TE
ALTERATION:
Ptat, oe * 2€ ts dt t4O? dE U71 n a4yg
E ADVANTAGES AND DTSADVANTAGES OF TEE PROPOS EDe oP Ft.,<,/ ^J A
orv4cE nt€ o€./€2. /.7€.Jf al
7?+P/24 7E OtS*!/1^,/ 7,+<s /+./t*1/- ?oL77..J OF
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6. USING TEE WETTAND ORDTNASCE STAN DARDS AS A GUIDE DETERMI NEWHETHER THERE ARE ANY TNCONSISTE NCIES BETWEEN TBE ORDINAIICEAND PROPOSED ATTERATION:?/L.// 14 /Cz^/t tlr 3.11fv
Cur €L,^J5 07 7E ol-U, ^r4^,t.4 - flE Frtl 1n2q tj lar/o,€O
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WETLAND ATTERATION PERII{IT
EVATUATION WORKSHEET
To Be completed By Applicant and submitted with Application(Attach additional sheet.s if necessary)
I{ETIAND DESCRIPTfON2 ^,to.-rtE*t r c-oAr€rL oF s rr€
size: - 06 Ac t^'' L + 3
Class: G Type:2/a
Location: Lakeside
Watershed District:
Area of Open Water !
Drainage Flows To:
Vegetation Types :
S treams iile Upland X
Rr cgJ e o c-c^ *-12 tLA (\LN ?tr C*E€IL
o A<_
LL-A s * Ln€aLr'alo L* rl ro O€57
J€g[Z\8 ,o T RgtAA (€o\'5b 68q D1 V eA€T.
Soil Types :lJh4 oE ^/
2. DESCRIPTION OF PROPOSED ALTERATTON: F ILI-r^,L OF t r gfl,tr.t A Fo(
Lor 6-6;t 51L;";n0,\.7 6\c.o
3. PURPOSE OF PROPOSED ALTERATION:Pe-o,t rOe 6o A Colr4
*o .^E ! r fli .7 i-aF 718 e "t fX-trrtC€ tLoaa
4. APPLICABLE WETLAND ORDINANCE SECTTON: 20_ 43
5. A
NO T-l€n4fo .-e 7*€E (O/\rcrr^. r Ca 'r-li.!a Pl,a{c.-t-l-
DISCUSS TEE TMPACTS ON THE PROPOSED DEVETOPMENT IA NOALTERATION IS MADE:
5. B TDENTIFY AND DISCUSS OTHER AITER,NATIVES TO WETLANDATTERATION:
C. IDENTIFY TEE ADVANTAGES AND DISADVANTAGESAlTERATION :,1")ls 71t+ r OA lEE PR
,44Lo.J5 /7
OPOSED,/€ ,aEz.laz -
a LE,+A ,4 LoT CoN Fl 6ul+Ata,r A^to s7-?,4, tt N f+1N p O.rr€2../3
+3 o^r Si€,778 O ts 4oy'*74a.€ /J fl++7 VIF .oL rt Ae2.,4t0
utcL 4€ aL t ^4
t.r,+7TD -
?U€ e e-O..ar *pa €c- l Se ?+?- € / ?.8€o L,.J E1Z*.{o f s B e-^t c, pt ctEO
OT fi ,e,/€Lo?ex l S P4 Pa9 t ,!Ct, lt t>r r tZ 7)E Ft4,/ ^Jd oF
-l o P,'4Jt oi I ror--1 t ! 4fEL <7rft-/+Ca€4,./t l/r-1€c.,./ifu L
6 USTNG TIIE WETLAND ORDTNANCE STANDARDS AS A GUIDE, DETEru{TNEWHETIIER THERE ARE ANY,INCONSISTENCii' iiTWEEN TEE ORDINAI.ICEAND PROPOSED AITERATIO*, ,n ,,ii ,r' ,u.--r,,*
,r
C;rrrl i{A!9lN
I
To Be Completed By Applicant and Subnitted with Application(Attach additional sheets if necessary)
WETLAND DESCRIPTION 3 oa-- rr ,-,,6, r (rL^l€f, os s t tE
size: -aqA dL*Lt
WETLAND ALTERA?ION PERMIT
EVALUATION WORKSHEET
Class: Cs TyPe :2/t
Location: Lakeside _ Streamsiile _ Upland X
Watershed District: R\L€Pu(La- A-i-o Lr{- 6L',,7; claZ r(.1
Area of Open Water:O
Drainage Flows To:aL{SS
^ wteTLA"4A E41 f
Vegetation Typ e s : PAu.rs o-e ^r €e^)l8-.5*.eol S
Soil Types :k^1ot r-ol+
a4E .i-'\-o
3 PURPOSE OF
S r\€.
PROPOSED ALTERATfON: F 4-ov r O€ fta,a'>A z. -ES fb
4. APPLICABLE WETLAND ORDTNANCE SECTION:
2o - {t{o
20- tlz I -ll : 2l, -q3 '?-
5 A.DISCUSS THE TMPACTS
ALTERATION IS MADE :
To Hav a
ON THE PROPOSED DEVELOPMENT IF NO
t)oJc0
o^l LY o^,c-.-€ts L C- cdL -OE-S.+c
9T\_€-a ^ trl L
Sa ceJA A <<;a9
J o F AA/--r-o7 !.S s A 51-L-c.-^l O <?r
2. DESCRIPTION OF PROPOSED ALTERATION: .oq Ac oF ure:rt.,& o urrLL
(16 s,L!€.o FcA €,! T'rLA ^JC€ arAOhJA( -rO S lfE. THg /16^Ar^JrNG ,orAc.
,lu ltE^4 tr ^J ld e(rSilJ( (...rA rt.roJ @
5 B. IDENTIFY AN
AITERATION:G A€A 0 o sfn{g r
D DISCUSS OTHER ALTERNATIVES TO WETLAND
t-t t'fN oae it-a La'>
r?,3.1 u-is I z.r A ool-t amet'-G€ N cV vE,+t c LE s 1-o S tl€
C. TDENTIPY THE ADVANTAGES ANDALTERATION! ftE mu*^t r^i,L DISADVANTAG
It fk€ Str€
ESOF?
c*r'r 4e
EE PROPOSED
P4ar'toca TLLI
E*rn-4 a1;3 ,.t P 6t Ft.a- bJ< 4 Po /z-17c , oF 7+75 o rh€4t ^r a.14Ss
7L1Jo bJouL /-/or 4i r€vez)Y n!.uJq t.!fl+?S *tq4 - 77+t A 5tt uezr-r 4Gt
o F r7f75 U€i'L./r^! O /s ?.i t.'es oF.+?/fuvat*t€c.l -o44C oF
THE I,IETTAND ORDINANCE STANDARDS AS A GUIDE, DETERMINEER TIiERE ARE ANY TNCONSISTENCI ES BETWEEN THE ORDTNAIICEROPOSED ALTERATION: €r Lr.ldc\ oF fl+t t dc-TL*i,U ouL4 13€
/ rJ Ac<.on_n A,JL€ A,JO Catats tlt€ttf 61 1 f1+ T1+{ o.l4t!+y'G
U €17''1".!o
USING
WHETH
AND P
6
-2-
wETLAND ALTERATToN ben.urr
EVALUATION WORKSHEET
To Be completed By Applicant and submitted with Applicarion(Attach additional sheets ii -necessaryt
WETLAND DESCRIPTIoN: r'Jr- ;s-
Size: -2^L
Class: G
Location: Lakeside
Watershed Di strict:
Area of Open Water:
Drainage Flows To:
Vegetation types:
Streamside _ Upland X
Type:
J<.I LE Y P J n-C" *.r-o tul t\Lt*? <Jr€iE\<
oAc
LAI€ LdCl tSDo t rt,'.t.+!
>t.l.t.t€€NT ,gA c€D \, t clnB 1 cJ oo O'l
Soil Types:A k\ oe
^.1
2. DESCRIPTfON OF PROPOSED ALTERATION: FrLL r^J 6 .2A c
3. PURPOSE OF PROPOSED ALTERATION: Frut-a0 ao) t14., <-4 t fi S T|LE€T
0 LlTs
4. APPLICABLE WETLAND ORDfNANCE SECTION: 2o-.1)I
+s,o,,,/a13c,l c, s€778 La,ro tsbA Sr,t ALE F.+a.t r ' (
Cie.N i{A59i tJ
I
2/r.
5. A.DTSCUSS ?HE TMPACTS ON THE PROPOSED DEVELOPMENT IA NOALTERATION IS MADE:
5. B TDENTTFY AN
ALTERATION:
D DISCUSS OTHER ALTE RNATIVES ?O WETLANDF , ra--a {ct .41) 5€ A <..o 59 o 1 L41-g 0
o t 77?r'o u., ../er-'5 4rct ly Rz *-so,,t ttzJ cq ae/€2.of
r,*/ S
C. IDENTIFY TgE
AITERA?ION:ADVANTAGES AND D ISADVANTAGES OF THE PRO PO.H (+tJ f 4<^ts n+6 t4€ o".t ^/€n c
SED
e /€z/P
s
".?r\//O€f7€ pEo/L€4.t ,*fii bo/4 6(E ?LA€ tb L4tl€
' €\t a 7'.-)q Ue-n4,tO lf4n t rFz lS,n)l*^!.+c,€ /t *LoiS oF
-s,.7r€( t f)..t \Ll ^JO od St 1€,
't|z-
./€7-o
"€lt oss€s-,.J(
^o 4 +JE u./ e'7.-, ^,e ,ra;+s L4 t t'tfiu fa€S,tE lo atti 6*tx' rt8 €6 USING TEE WETLAND ORDINANCE STAND ARDS AS A GUTDE DETERMTNEWHE?HER TEIRE ARi ANY INCONSISTEN CTES BETWEEN T IlE ORDTNAIICEAND PROPOSED AITER ATION:4, ta 4 f+*e'^t +LotG
^re: , s
rEnJ r LJ (m--t7t-€oaot ^..at(E .
74€ e4 f)44-l/trLA^JO 77+€ Frt-t,t
k.D
e,.8, 4 /7?rS .H-€A .1/€2,.s ro 4{
tJrt17 7/t O|W t N €'7-2.-+t-./O I o^t
6ac47,r se't f h,rCt_tt€s
f,E
-z-
c iia.N i{ASSit,/
1
ro Be Completed By ABpll:.n: and Submitt,ed eirh Applicarion(Attach additional sheets if necessary)
WETTAND DESCRIPTION: OL tF(n
Size: .4 Ac
WETLAND ALTERATION PERMIT
EVALUATTON WORKSHEET
Class: 6
Location: Lakeside _ Streamsiile
-.
Upland X
watershed District: ' A,cgy p<tl i.,,a-;oUl Et-tt FF t<
Area of Open Water: O A<-
Drainage Flows To:
Vegetation Types :
ETLA ^J 0 Jr2_IJ
Au.r tl-.r.12 eJf
Soil Types:l+ 4\ o€ [-o a.r^
2 DESCRIPTION OF PROPOSED ATTERATION: frtt-t ^Lq oE nt€ .,r€-rLh 4/o
lrJvocv t^14 77/€ y'.rr7r€n-L *e44 et flhS trtrJ 6€aY -t{
3. PURPOSE OF PROPOSED ALTERATION:,./ t O € 9 t.,J C. L€ t3A.>.1 tc /br
R o t L-o.%lE ,4VE 11*t S t.*2- Pr4pos€o t-ofi
4. APPLICABLE WETLAND ORDINANCE SECTION: 2a_./s7
5. A
a€ oett€Lofro /+Nt
oJ a71{O€v€LoP m€/,, T -
.ro!LA f ,r/€A PalU e €ao ,.,1a ,a tc
type: 2/r"
DISCUSS TIIE IMPACTS ON. TEE PROPOSED DEVELOPI,IENT IF NOALTERATION IS MADE:
5. B
7>i
IDEN?IFY AN
AITERATTON:
v 41fi S ()O,,/ L O
D DISCUSS OTHER ALTE RNATIVES TO WE?LANDFtat@t/z<.-,s (.-,-r 2L4EZ.lrn J4:.
e.-,/..\./e-'t )r4/5 . L
/€Qu !24 nr'{cai 9: oF
fvtu
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SADVANTAGES OF THE PROPOSED
4 tr 7-O
IDEN?IFY TH
AI,TERATION:
z€,+so
E ADVANTAGES AND DT
Pr,o.,r, .z €S/^J6 t-€F,+,",an-o..t!z ek tn-rq L.Jdl-,+..to an-€4
A.a'reta L 5 /+4 €5 ,+rE LAtS . /o ,z,c= e;nhs
^J D.
USTNG THE WETLAND ORDTNANIr-rlg! riiERE ARE ANY rNcAND PROPOSED AITERATION:
AS A GUIDE, DETERMINE
BETWEEN THE ORDINAI.JCE
CE STANDARD
ONSISTENCTE
5
s
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6.
CITY OF la-
CII[NIIISEEN
}TE},{ORANDIN{
TO:
FROM:
DATE:
su&r:
PROPOSAL/SUl,rr{ARY
690 COULTER DRIVE. P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
Don Ashrrorth, City }lanager
Paul Krauss, Planning Director
March 20, 1990
Requested Revisions to the Approved Final Plat ofErsbo 2nd Addition
on December 18th of last year, the City Council approved the finalplat for the Ersbo 2nd Addition. The plat resulted in the creationof 5 single farnily lots accessed by a new public cul-de-sac. Thene!, street rras to be called Arlington Court South and it was toalign with Arlington Court intersection of Lake Lucy Road. Thisplat itself was a replat of an earlier subdivision that had beenapproved and filed but not developed. The original p).at would haveresulted in the creation of 4 ne!, lots.
The Ersbo 2nd Addition has not yet been filed sith the County.While staking the new property corners, the applicantrs surveyorbecame aware of a problero. Apparently, they relied on anunderlying survey and based their work on this document. As aresult of an error somewhere in this process, Arlington Court Southdid not align with Arlington Court Nolth as requirel by a conditionof approval but nas approxinately 30 foot off center.- Staff feLtthat this Lras an unacceptable situation and rrould be detrinental totraffic safety as well as being inconsistent with the originalapproval. Therefore, the applicantrs surveyor has redrafted ttrefinal- plat of the Ersbo 2nd Addition to reso-l,ve this problen.
The revised plat is in nost respects quite sinilar to the one thatlras approved last year. ft also results in the creation of 6 lotsaccessed by Arlington court south which is now aligned withArlington Court North, as was the original intent. f-n severalrespects, the current plat has advantages over the oriqinal one inthat it p.rovides larger lots then had oliginatly been tire case. onthe earlier plat, access to Lot ? was via a g6 foot wide neck toLake Lucy Road. on the current plat that neck has been eliminated.The lot and driveway serving Lot 7 will be accommodated in aneasement. rn addition, there are onry trro lots that oriented vest
l1r. Don Ashworth
March 20, 1990
Page 2
towards the protected wetland on the current plat versus the 3 onthe o-riginal, proposal . This would have the effect of reducingvisual irnpact on the wetland.
Fron a technical standpoint, the current proposal raises no new
i::"":. Utility services will be prbvihed as previouslyillustrated and dralnage considerations- wilL be handied in airappropriate nanner. As before, ue do not anticipate there bei.ngany inpacts on the protected wetland and note thal developnent onthe current proposal is getting no closer to the wetl.and Lhen hadoriginally been approved. There are no new varj.ances resuftin!fron the current proposal. Horrrever, the one variance that had beeiapproved for. tle previous plat is being nodified with thisproposal . Originally, Lot 7 was served Uy L SO foot rride neck toLake Lucy Road. As indicated above this will be elininated withaccess.being provided by a pernanentry recorded easenent. This rotwas or.rginally given a vari.ance to have 30 feet of frontage on LakeLucy Road. Under the current scenario, the lot will have nofrontage on-a public right-of-tay. Staff continues to support thevariance. believing that this is only a technical change. 'The lotwirl continue to be accessed by the larne driveway it al-ways has andfrom an appearance standpoint nothing ril1 change. Th; easenentwilr_be permanentry recorded and wirl provide legiti:nate acclss toLot 7. we also note that access, as proposed her6in, is consistentwith the draft private driveuay ordinance that is currentiy ueingreviewed by the City Council .
COUPLTANCE WITH ORDINANCE . RSF DISTRTC?Lot Lot I.otArea Width Depth
90r
Hone
Setback
30r front/rear10! sides
L25l
Iot 1
I.ct 2
Iot 3
Lot 4
I,ot 5
Lot 5
I.ot 7
15, 056
15, 780
t6,524
15,155
23,916
2L,780
80,486
L52l
1,27.
130 !
137 r
140 r
L32.
}{/A
N/A
N/A
N/A
N/A
N/A.
front
east
west
rear
65t
801
100 |
130 r
ordinance 15 r 000
105 i
138 r
90r
1001
110 i
155 r
0 (Variance)
l{r. Don Ashworth
uarch 20, 1990
Page 3
variances Required
- Variance to aLlo!, 0r frontage on Iot 7 rrhich is to be aerved
by a pernanently recorded drivelray easenent.
CITY COUNCIL RECOMMENDATION
staff reconmends the City Council adopt the following rnotion:
itThe City CounciL approves the final plat for Ersbo znd Addition
#87-35 as sholrn on the plat dated rrllarch 5, 1990n, with a varianceto all.ow or frontage on public right-of-way for Lot 7, subJect to
the following conditions:
1. Provide final detailed plans of the streets anil utili.ty
improvernents for approval by the city Engineer. Review as
necessary to acconmodate revised final plat.
Provide final erosion control plans acceptable to staff. TypeIIr erosion control will be required along the uestern
perirneter of the site adjacent to the wetland. Prior to theinitiation of grading, staff wiII rralk the stite uith the
developer to nark out trees designated for preEervation.Staff will rnodify the plans as reguired to improve treepreservation efforts. Drainage swal.es are to be provided
around each of the hones. The bern located in the Lake Lucy
Road right-of-rray is to be relocated onto Lot 1, Block 1.
Provide final drainage pl.ans for approval by city staff.
watershed District approvaL is required.
Cornpliance with the conditions of the YietLand Alteration
Perrnit #88-7.
At such tine as a new public street is provided to the southof Lake Lucy Road, the private driveway currently serving theexisting horne sha11 be renoved and the driveway shal.I accessto the south off the new public street.
2
3
5
7
Stake off the trees to be saved at the dripline for approvalby staff prior to grading the site.
All trees 10r or rnore in caliper that are lost need to bereplaced by ne!, trees according to plans approved by staff.
The applicant should seek to estabtish a buffer along LakeLucy Road. Record a permanent access easement over theexisting driveway over Lots 5 and 5 in favor of Lot 7.
4
6.
llr. Don Ashworth
lilarch 20, 1990
Page 4
8 A 20 foot wide drainage and utility easenent is regu-iredacross Lot 3 for the extension of raternain to the southeastcorner oi Lot 3.
9. The applicant shalr enter into a developnent contract with thecity _and provide the City with the necessary financialsureties to guarantee the proper installatioir of theseinprovenents prior to connencenent of any construction orgrading.
10. Lots 1 and 6 shal1 not be perDitted to gain access fron InkeLucy Road.
11. File a perDanent 20 foot cross access easenent over theexisting driveway to Lot 7.u
ATTACHMENTS
1. Previous staff report with City Council minutes.2. Meno frorn sr. Engineering Technician.3. Final plat dated trrarch 5; 1990.
3a"lCITY OF
CII[NIIISSEI'I
TOi
FROIVI:
DATE:
SUBJ:
MEMORANDUM
Don Ashworth, City l'lanager
Jo Ann olsen, senior elannet i.1/2
December 11, 1989
Final Plat for Ersbo Adilition
Rt
Dt'.. lzlt!/tj- -he Sr,r-.:.--: i: -:
0s1€ Sr --'.: L----i
t2 /t /y /8;
Right-of-vray for Eag1e Cirle.
Request the City Council vacate right-of-way for existingstreets antl easements approved unaler the original plat.
Utility easements are requirecl for the proposeil watermain
and sanitary sewer pipes on Lot 5, Block 1; Lot I, Block2i and based upon final engineering design may be
reguired over an adjacent parcel to the i{est.
a
b
c
ll. i
690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
Aclj,.t iy Cr'./ i|- i i.':.r.
:'-,t^,,-/ ,/ /C,/Z
On Novenber 20, 1989, the City Council approveil the preliminary
plat for the Ersbo First Adalition as shown on the plat alate'l
bctober 11, 1989 lvith a variance to allow a 30 foot lot width on'
Lot 1, Block 2, subject to the following conilitions: ..
1. Provide final detailed plans of the streets and utility
improvements.
2. Lots l and 6, Block l are to gain access solely by driveway
to Eagle Circle. Access to Lake Lucy Roail is prohibited. A
notice of this limitation should be placed in shared title of
both lots.
3. Provide final erosion control plans acceptable to staff.
Type III erosion control will be required along the western
perimeter of the site adjacent to the wetland. Prior to the
initiation of gratlingr staff will walk the site with the
developer to nark out trees ilesignated for preservation.
Staff will moilify the plans as required to improve tree pre-
servation efforts. Drainage swales are to be provided around
each of the homes. lfhe berm located in the Lake Lucy Roail
right-of-way is to be relocated onto Lot 1, Block 1.
4. Provide final drainage plans for approval by City staff.
watershed District approval is required.
5. Easements to be provided:
Drainage and utility easements are required over the pond
and storm sewer pipes on Lot 6, Block 1; Lot 1, Block 2;
and based upon final engindering design may be requiredover an adjacent parcel to the west.
e Stanil. rd utility
1ot.
easements around the perimeter of each
6. Enter into a development contract with the City.
the Wetland AlterationCompliance with the conditions ofPermit *88-7.
Change the street name to Arlington Court.
At such time as a neh, public street is provided to teh southof Lake Lucy Road, the private driveway currently serving theexisting home shal1 be removed and the driveway shall accessto the south of f. the new public street.
I0. Stake off the trees to be saved at the dripline.
11. All trees 10" or more in caliper need to be replaced.
The final plat is consistent with the approved preliminary plat.
Conditions #5 a., b., anil e., and #8. have been met. Contlitions*1r 3, 4, and 5 are in the process of being provided for staffreview and Conditions *2 is part of the development contract.
CITY COUNCIL RECOMMENDATION
d
7
8
9
l{r. Don Ashworth
December 11, 1989
Page 2
Staff recommends the City Council adopC the following motion:
rThe City Council approves the final plat for Ersbo First Addition
#87-35 as shown on the plat ilated December 5, 1.989, subject to thefollowing conditions:
1. Provide final detailed plans of the streets anil utility
improvements for approval by the City Engineer.
2. Provide final erosion control plans acceptable to staff.
Type III erosion control will be required along the lresternperimeter of the site ailjacent to the wetland. Prior to theinitiation of grading, staff wiII walk the site with the
developer to mark out trees designated for preservation.Staff will modify the plans as required to improve tree pre-
servation efforts. Drainage swales are to be provided around
each of the homes. The berm located in the Lake Lucy Roadright-of-way is to be relocated onto Lot 1, Block 1.
3. Provitle final drainage plans for approval by City staff.
watershed District approval is required.
Mr. Don Ashworth
December 11, 1989
Page 3
4 Compliance with the conditions of the Wetlanal Alteration
Permit *88-7.
At such time as a new public street is provided to the south
of Lake Lucy Road, the private ilriveway currently serving the
existing home sha11 be removed and the driveway shall access
to the south off the new public street.
Stake off the trees to be saveil at the ilripline.
A1I trees 10" or more in caliper need to be replacecl-
A 2O-foot wide drainage and utility easement is 'required
across the easterly 20 feet of Lot 1, Block I and also
between Lots 2 and 3, Block 1.
6
7
8
9 The drainage anil utility easement
should be extenileil westerly to thet. This easement is necessary for
sediment pond to the r^?etlanil lying
a ttached ) .
city council minutes alated November 20
Meno from Engineering Department dateilFinal plat dateal Decenber 5, 1989.
located on Lot 6, Block 1
west line of Lot 7, Block
an outlet pipe from the
west of the plat (see
va cate
Ers bo
1989.
December 12, 1989.
10. The applicant shal1 enter into a development contract with
the City and proviile the City with the necessary financial
sureties to guarantee the proper installation of these
improvemenLs prior to commencement of any construction or
grailing. "
VACAT I ON
An underlying plat with streets and utility easements for the ori-
ginal Ersbo addition has been recorded with Carver County. The
applicant has requesteil approval for vacation of existing ease-
ments anal street right-of-ways. The proposed plat, Ersbo First
Addition provides necessary street right-of-ways and utility
easements.
CITY COUNCIL RECOMMENDATION
Staff recorunenals the City Council adopt the following motion:
"The City Council approves Vacation Request *89-12 tostreet right-of-ways and utility easements as plat of
Adilition. "
ATTACHMENTS
1
2
3
5
,l
t
City 6unc11 lceting wsrber 29, L989
Ourcilrrran Johnson:
future orrciL.llte econonic csrsideratian rculd cqrE frqn sore future,I
T
Erlan bos: I trderstarrl brt as lorlg as tJEtrs IErt of lt.
Courcilnan Johnsdt: HeU :reah. ItEre. s alE:rs tlE re.smablerEss has to bebrought into it. t*,.t rEire saylng is ttrat tiis is the plan .t thi" Un=. tfLF-f":::!9 i-tls.eolP to cost i\ $Lsa,sss-ss te b ii, *rio*ii the1,'re notgolng b FEke:'ou do rt. ts reasonable ourEil muld andt r hul.d aisu,e- t}listorrn I s onl:, goirB to elect reasonable 6rrclls.
cary librren: l,hintenance @st savings could eqrral t}e cost of a rew road overaeveral :'ears too. Ihatrs a lorg &iv*1,. -
RTan Roo:: . Brt again, I just Ented to rrEke that cqrngrt to lorrr notion. Iurderstard uttat :rourre salring layr.
oourcilnan Johnson n.o'red, ourcirlan Bo. yt seconired to alpro\re suHivision lg7-36a:- present{ dr t}E plat starrlrd "Beceivd october u, ligg" rith a variarre toarlow a 3g foot rot vidrjr on lot 1, Brek 2, orui*i i"-[h" tJirr*rq--
,c!rditions:
1. Provide final. detailed plans of the streets Jd utiltt:, lrrrgorarcnts.
2. tots 1 ani 6, Blek I a!e. to gal.n access soleltr hr drivmy to Eas1e Circle.F.":" p rake r,'.l, Roait is prohibrted. e rpticjot uris irrnitatioi e,oorabe placed in shared title of boti lots.
3. kovide final erosion @ntror plans ceptable to staff. Bpe rrr erosioncontrol- wirl be regrired alorg ur uestern perirrreter or trre'ii te-iai".=,t totie r€tland. Eior to t]re inltlation of griaing, "t ii ,iif-*fk & dt.,l!! t+.q*.lorEr to rrank out trees destinat-d-id pr;;*"tiil. -it"rr
rdIl nrcdify the prans as required to Impr5ve tree ;xiservation etroits.Drainage swares are to be prorrldt€d arourrr eadr or fue ru.es. - fira-b"^located in tJ,. Iake trcl, tbad right<f-ray is to be relocated drto lot L,Block 1.
1. kovide- final drainage plans for alDrorar by city staff. IibterstEat Dtstrictapproval ls requlrd.
5. Eas€lrEnts to be providd:
.. Right+f..my for Eagle Citcle.
b. bquest. the City Ornril vaate
-
right-of-E!, for exiatlrg atreets art!easaents aproved urder tle origlnal plat.
c. utility-easarrerts. ale lgsrrtred Io. lrE lEopoed ste,Iraln and sanltarysewer pi5ns on tot 6, B1-k 1, tot l,.Biel Z; art UasA 4xn ffd -
ergineering design FE!, be required orrer an adj*ent parcet'to tt= *rt.
d. Drainage ard utlltty eassients are requird orer tte pord an, sto,,nsercr pipes m lot 6r BIek li tot l, EIek 2; anal ba-seit r4ur final
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city eurEir tGerirg - rb d 2S; L9B9
engireerirg design rey be req'rred over an adj acent parc€r to the rEst.
e. Stardard utilllz eas€rr€nts arourd tlE perineter of eactr lot.
Erter into a develolrrElt cqtract with the City.
-Corrpllara sith t]te elonilitlms of lEt!.ard Ntetratlm Eltntt lgg_?.
Charge tle street natE to Arlington 6urt.
lt :udr. tlrre.as a rew ;ubtic street ls pro\ridd to tle eoutlr of Lke t rq,Roail, the lxivate drivaay currentl], serving the exlsting hatE Btall berg'roved ard tie &ivetB}, shall. acoess to ttE south off tln ren prblicstreet.
lg. Stake off the trees to be savd at the drlplfuE.
1I. AfI trees lgtr or lrc)re in caltlnr neeit to be replaced.
A1l voted in f,avor ard the rption mrried.
Oourcilnran Johnson: I wltl rp\re tlE Etlard alteration perrrdt.
Courclb'an Bo:t: I rrl1l seconat that. I think e strouLd dd a sklrnrer.talked alout a skirrmer. ltey prlled tle skirrrrer out.
Ihelt
6urci1nan Johnson: !tl]' donit re have a ski.rqrs? I nrisseil tjte skirrner.
I
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Oor.lncihEn Bo:'t: Ard thatrs rdhat the sklflrer des isnrt lt? It €nsures thatthe sedjnEntatim pord is dolrg lt,s J&.
E€n bos: r{ot recessarlly. rf the skinier r e used or a naln o.rtfrorr into ,r$atershed t:'IE situatlon, atr re-did was prt a sedinentatlon pord ln itrs plae.rt sEs a recqrcrerdation of planning G'rrrissslon if r recall Eul, but aqaln
Egritg htrat the:/ do ard hm tlE:, furctlcr ard f guess erEineerirq, er_; ca,.aiBress that issue. rlhat sktrner'E reall!, rot golrg to frfonn ari reaifurct{on as it sets as rErve got lt laid out on-a diainafe stt.ati6n. ca+a
.:rrv tibrren: r donrt lorow al!. ttE dbtall8 of a skirrnrer. r uoul.d suggest tl,at
{rcn plals ard sSncs corre back, e ritl definltely be looklrq at alo; dth theI€tershed District to have the approlx late, r,,?Eth;r ltre a slrJrrier o.-rrt. rbhave tle appropriate facillty put in.
6tI'El hEn Bolt: fte City has trrt that ln eeveral of ltrs hol<ting ponits.
Gar)t warren: Ard rtve been on record, r donrt like t}e sod sklrners beca-"etbeyr re golnS !o be, rrt too f,ar ln t}e distanc.e retre goi.ng to t r" , iot otrepairs ard'alntenarre sr tlgrr but rrd say, tle prans ird ;p.." ph.=e rcukt beappropriate to rork out t}tat detail.E
52
-Ruqan Roos' lErve got a seilirrrentation porril. A sklmler r a cost is not that greatbut that.s realry the Flrpose for a sed!'srtatlon pord before lt o:trets in[.othe lEtershed.
ourcllrun Johnssl: $hictr t{atershed DiEtrict has tbis?
er!, lgrren: Itrelr bourdaries, .re Jrrst got, this actuall:, florE, that Etland
llous.tp ultjftatel.:, to Chrlstsras take Eo-thatrs }linnetraha Geef 6ut tte buntaryfral *nt tt. gtaribeck has told rre, doesnrt rccessarily follorJ. try gui reactimls that it's ltinrretraha but it @uld b in Riley-nrr9at6ry.
Ourcilnran Johnson ! So I have sqre review of the skLrrner.
Gar:, l{arrsl: You nElr have scne inftrreroe.
@urci lran Johnson rroved, ourcirrian Bo:t seconied to alprove I€tland ArterationPeErrit Request 188-? as prese. nteil on. thi plat statpeit nEceived Gtober lI,l989rr, subject to tlE followirg orrtitioni:
Acguisition of a drainage easslle tt frqrr tle adjaccnt prolErty ogner.
Alproval 0f a lEErit.frarr the ttinnesota EtErErEnt of Natural tEsoures.
creation of a storrrr water ret€ntiol poni In tle nortlrrest corner of lot 5,Block 1.
rnstallation of qpe rrr erosion contror betrcen tle &vel01rrent ard tbeClass A r€t1ani.
I
1.
2.
3.
4.
T
CONSIDER PLIJMBING PEF}1IT FEE RWISION A}D IT{PLE,IENIhTION c! A PIPI}IG EEE.
Counci Inan Johnson: Can I lsk a qrcstion? th:7 arenrt rE doirg thls sith ournorr'a} fee review that rr do e\rer!, Januat]4
Don Ashworth: lttls is a rec fee schedule. Jirrr ls present. Dc you t6nt to gothrough it Jfur?
&wcilnan Johnson! rt sesrls that t.hat rould be a rqlcal tlllE to lqrl€nent arew fee when rp revlerp aLL our f€es. lhlbe not.
Jirq chaffee: r didn't qulte lear lour lFestlon or r.hat the ans1;gr ss. lthis lsa new fee t}lat Erre askirg be lrrplernntd. Oe ls a rH, fee ard anottrer ls arevision of t}e glrrrrbing fee. IEive rot revised the ptrlbirg iee etrrrtrrre forquite a ritrile. qll PlurbirS lnspector took a lok af ttis sEveral oontt r ago.Asked if the;r could csqe q, wltlr a schedule that rculd be corrdtrrlve ttpre to-l,hatthey do atd also more ln like utttt rfiat tlE otfier clties fn ou surrorrlfrg .I areas- are doing. Ibey have done t}at ard aftr csrstderable rmr5lt of res"arcl,E thgV have revised the plunblrg pentt fee schedule to reflect rrcre of r.hat rE &
E ?*t tfy:rg also asked tbat rr irnplemnt a gas piping fee rct-dure r*rictr rerverEver i,d ln the city of chanhassen. I€ didniceven-rook at tirls rntl!. eEtartd dolrg our nechanicaf lnspections ourselves. I thlnk ltrs a needed area.
53
City 6urci1 !-eting . ,vsrber 2g; ]rg1g
5. Oo'rpl iance witlr corditions of the kellmirE!!, plat tg?_36.
ALl voted ln favor ard tlp trDtion carri€d.
I"IEI1ORAND UI,l
TO:
FROII:
DATE :
SUBJ:
Jo Ann O1sen, Senior Planner
Dave Hempel , Sr. Engineering Technician
December !2, L989
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN; MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
CITY OF
CH[NH[ESEN
,{a4
Final Plat Review for Ersbo lst AdditionFile No. 89-17 Land Use Review
Upon review of the final plat stamped December 5, 1989,
by Denars-Gabriel Land Surveyols, Inc., I find the plat
rable with the followj.ng conditions or modifications.
prepa red
accep-
L A 2O-foot wide drainage and utility easement is required
across the easterly 20 feet of Lot 1, Block I and also bet-
ween Lots 2 and 3, Block 1.
The drainage and utility easement locateal bn Lot 6, Block 1
should be extended yrestelly to the west line of Lot 7, BlockL. This eadement is necessary for an outlet pipe from the
sediment pond to the wetland lying west of the plat (see
attached).
The applicant shall enter into a development contract iriththe City and provide the City Lrith the necessary financialsureties to guarantee the proper installation of these
improvements prior to commencement of any construction or
grad ing .
Attachnent: Easement Location Detail.
Eng ineerc: Gary 'iiarren, City
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PC DATE: July 17, 1991
EHANHISSEN CC DATE: Aug:ust 12, l99L
91-2 WAP
Olsen : v
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By:
cAs
STAFF REPORT
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wettand Alteration Perait to Grade within 2oo Feet of aclass A wetland and for Installation of a super Deck
Nature Trail Through a class A wetland
Herman Fiel.d Park - south of Forest Avenue and North of
uinnerrashta Regional Park
IOCATION:
APPLICANT: City of Chanhassen
PFJSENT ZONING:
ACREAGE:
DENSITY:
RR, Rural Residential
4.15 acres
ALTACENT ZONING AND
I,AND USE :N-s-E-t{-
RSFr single fanily res idential/vacant
RR; Minnewashta Regional Park
RSF' vacant
RSF, vacant
WATER AND SEWER:Not available to the site.
PHYSTCAL CHARA TER. :The site is currentlycontaining 2 areas of
open fie1d.
a vacant
Class A
natural areawetlands and
2OOO I,AND USE PI,AN:Park and open space
CITY OF
PROPOSAL:
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Super Deck/Nature Trail WAPJuly 17, 1991
Page 2
PROPOSAL
The city is in the process of naking iroprovenents to the Hernan
Fie1d Park. The inprovements to the park l0ay eventually include
open field play areas, parking, tennis courts and construction oftrails throughout the park area to serve as nature rralk trails.
The proposed grading for improvenents and the construction of thetrails are within 200 feet of a class A wetland which requires a
wetland aLteration pernit. The proposed trails include a super
deck nature trail which would cross the easterly c}ass A setland
and therefore also reguires a wetland alteration pernit.
The construction within the 200 foot area of class A wetlands will
not inpact any of the existing wetlands. The construction linits
are beyond the boundary. The najority of the nature traiLs are
outside of the wetland linits and siII not inpact the existingwetlands. The one area where the trails wilL be within ttre wetlandlinits is where the super deck nature trail is being proposed to
cross, over the easterly class A wetland. The super deck naturetrail is a boardwaLk which will cross the Class A wetland toconnect the two high areas of the park. No excavition of
embankment is necessary for the installation of the boardwalk andwill not pernanently iupact the lretland. The super deck naturetrail is part of a future phase for inprovements in the Hen0an ParkField and should be installed next year. Sinilar nature trails
have been used in other wetland areas located at the Arboretun andthe Carver County Regional Park where they have been very popularin allowing access within t etlands to allow people to enjoy and
view the wetland up close.
staff is recornrnending approval of the proposed rretland alterationpermit. The grading construction limits of the site are welloutside of the rretland linits and the proposed super deck naturetrail wiII result in nininal inpact to the netland during itsconstruction and no inpact to the wetland once it has beeninstal led.
RECOM},IENDATION
Staff recommends the
notion:PJ.annlng Co'nrnission adopt the following
rrThe PLanning Conmission reconDends approval of Wetland AlterationPernit #91-2 to allow construction within 2OO feet of a Class Awetland and the installation of a super deck nature trail througha class A wetland with the following conditions:
1. Type III erosion control wilt be placed betrreen aIIconstruction areas and wetland liuits.
Super Deck/Nature Trail WAPJuly 17, 1991
Page 3
2. The super deck nature trail cannot be installed duringwaterforrl breeding season and shall be located as to uininizethe inpact on vegetation.
3. There sha1l be no filling or dredging pemitted within theClass A wetlands. rr
ATTACHIIIE}TIS
1. Application and plans dated itune 13, 1991.
CITY OF CHANHASSEI{
I9O COULTER DHIVE
CHANHASSEN, UN 553T7
(612) 137.1900
DEVELOPMENT REVIEW APPUCATION
APPLICANT
Park and Recreatlon Department
CLty of Chanhassen OWN Clty of Chanhassen
ADDRESS 690 Coulter Drlve ADDRESS: 690 Coulter Dr lve
Chanhassea, MN 55317
TELEPHONE (Day time)937-1900 TELEpHONE:937-1900
1. _ Comprehensive Plan Amendmenl 11. _ SuMMsion
2 Conditional Use Permh 12. _ Vacation of Row/Easements
3. _ Grading/Excavation PErmh 13.- Varhnc€
4. _ lnlerim Use Permh t4.L Wetland Alteratlon Permh
5. _ Notitication Signs 15.- Zoning Appeal
6._ Planned Unit Development 16.- Zonlng Ordinance Amendmer
7 Rezoning 17. _ Fling Fees/Attomey Cost
8.
-
Sign Permlts 18._ Consdtant Foes
10- Site Plan Review
r NOTE - When multiplE applications are ptocessd, the approprhte fee shall ba charged lol oach application.
Chanhassen, UN 55317
A list ot lll property ownert withln 300 tcet ol thr boundrrler ot the propeny nuat
lncluded with fhe !pplicltlon-
Twenly-3lx full 3lze ,olded cophr ot lhc pbna tnual br rubmntd.
8%' X tl' Feduced copy ot t rn3plrency,or rlch phn lhrcL
9. _ Sign Plan Revia/v
TOTAL FEE E-
PROJECT NAME
LOCATION
Beruan Fleld Park
NE 1/4 of Sectlotr 4; T116; 8'23
TEGAL DESCRIPTION
PRESENTZONIN6 RSF
BEOUESTED ZONING
pBESENT t ND USE DESTGNATTON Park/0peo Space
BEOUESTED I-AND USE DESTGNATTON park/open Space
REASON FOR TH|S REOUEST park IDproveoenta
I also urdersland that after the approral or granurE ol the pollfll, lnch pormts shall be kn alH udess th€y are ,ecorded
against thE thle to the property tor which the approral/perm[ b gfiart€d uffhln t20 rhys urth the Carver County Recorde,,s -
Ollice and the original d relumed to City Flall Recoda
This apdication musr be completedln fufl and be typa^'rtlen or doarly plhrod md must be lctofiDanled by all lnronnatlon
and plans requked by spdicable Clty Otdlnanc€ podsiorrg. Before f,lng tfils lpdicatlon, you shor.dd
-confer
wlth thePlanning Deparlment to determlne th€ spect ic odinanca and proc€durat nqutremiirts apdiciHe to your appllcation
This ls to certity that I am rnaking applicatlon tor the describ€d actlon by the Oty Ird rhat I am rssponslue lor comdy,ing
with all City requirements wlth regard I,o this reqrrest Thls afiicatlm shor.dd be
-procassed h rry name and I am th" p"tli
whom lhe Ciry should cot acl .egarding any mBner perr,alning to lhis application I hava anictreO a copy of prcrd 6[ -
omership (elther copy ol Orner's Dudlcate Cenfficate d Tile, Absrad c, Tfre or BJrcfiase agreementi, or l'am the
aulhorized person to make this application and the fe3 o.rn€r has atso slgned lhls appilcatloil .:
Zl
Signature ol Appl icant Date
Signature ol Fee Ownar
Apdication Recetued on_ Fee Pald Becelfl No. _
This application will be considered by the Plannlng Commisslon/Board c Adjugmer s and Appeals on __,
Eale
RSF
I will keep mysell lnformed c[ the deadlines ,or submlssion c, rEterhl lrd the progress ol ttrts apfllcation. | fufher
understand thal additional fees tnay F 9!targ"d lor consultlng te6s, leasiblity studies, ac. wtth an esiimate prlor to any
authotization lo proceed with the strdy. The ttocuments and lrrornstion I have aubmhed are tn,le and coneci o rhe besi _ol my knodedge.
I
WETLAND ALTERATION PER.I{IT
EVALUATION WORKSHEET
[o Be Completed By Appliiant and Submitted with Application(Attach additional sheets if necessary)
T{ETLAND DESCRIPTION:
size: 4.15 Ac
Class: A Type:3
Area of Op en Water: varles approx. 2.3 AC oa 5/9191
Drainage Flot s ?o3 Lake Mlnnewashta
Vegetation Types :
SoiI types:Glencoe
2. DESCRIPTION OF PROPOSED ALTERATION:See Attachnent
3.PURPOSE OA PROPOSED ALTERATION:
FLeld Park
Ioproveoent s for Ileroan
4. APPLICABLE Tf,E?LAND ORDINANCE SECTION:
20-439 & 20440
2o-42r (s) (7),
5. A. DISCUSS THE IUPACTS ON THE PROPOSED DEVELOPMENT IP NO
ALTERATION IS I,!ADE: The lntent of the project is to provlde
a predoElnately passive use of park lncluding nature rralk tralls. Ttese
uses would not be possible wlthout thls alteratloo.
I
Location: Lakeside _ Streamsiile _ Upland x
Watershed DiStrict: Mlnnehaha Creek
5
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B. IDENTIFY AND DISCUSS OTEER AI,TERNATIVES TO WETLAND
ALTERATION:No coostructLon, except for .the plac eoeDt of the
boardralk rILl occur wlttllD the Hetland llDlts.
C. IDENTIFY IEE ADVANIAGES AND DISADVANTAGES OF ?EE PROPOSEDALTERAIION: Advaotages3 opporruult y to observe flora and fauoa
of the wetlands.
Dlsadvautages: The reuoval of ana11 tre es anil bruBh to coDstruct the
park faclllt1es and tra11s
6.USING TITE WETLAND ORDTNANCE STANDARDS AS A GT'IDE, DETERIT{INE
WHETHER THERE ARE ANY INCONSIS?ENCIES BETWEEN THE ORDINANCE
AND PROPOSED ALTERATION:None. As prevlousl y Etated , the lnteEt
of thls park ls to create an area for predota lnately pass lve type actlvltleB,
plcnlc areas, an open play fleId and oature tralts.
-2-
Attachment - Question 2
Installation of a 'Superdeck llature WaIk" boardwalk acroBa the
rretland to connect the two high areas of the park. No excavationor erubankment ie neceseary for the installation of the boardwalk.
Grading for park iurprovements and clearing for traile within the
200 ft. wetland waterehed linit. A Elight increaee of the volumeof runoff into the wetlands due to the paving of the access road .
and parking lot. No clearing or grading will take place within the
actual wetland Iimits.
0
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DETENTI O.I STGRAGE-BOUSTRING METHOD
JOB NO. 91-3A2 DATE RtN:6-5-91
DESCRIPTII}..I HERMAN FIELD PARK - DEVELOPED(ADD. UOLI.}4E)*iI*tt ****** ***r r *r** ********t******r*******ii******t***f*t*** t** I****** * * * *i -DESIGN STORI.I IBO YR.
OUTLET STRUCTURE EXISTING STREAT-,I
OUTFLOITI RATE-IN CFS S
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CITY OF
EHANHISSEN
PC DATE: July 17, 1991
CC DATE: Augtust ]-2, L99t
91-3 WAP
OIsen:v
CAS E #:
By:
STAFF REPORT
Fz
C)
=LL
ko
LJta
The easterly side of HUy. 101, just east of Lake Susa
and the northwest corner of Hwy. 5 and Co. Rd. 17
PROPOSAL:an
APPLICANT:City of Chanhassen
101 RealignmentWetland Alt.eration Pernit for flwy
West 78th Street Detachment
PRESENT ZONING:
ACREAGE:
DENS ITY :
ADJACENT ZONTNG AND
I,AND USE:
WATER AND SEWER:
PHYSICAL CHARACTER. :
2 O O O I,AND USE PLAN :
RSF and R12
Hr.ry. 101 Realignnent- . 01 acres (GsO sq. ft. )W. 78th St. Detachment- .25 acres
Eny 101
i vacant
; vacant
i vacant. 101
r. 78th 8t.
R-12 i vacant
Hwy. 5
Co. Rd. 17
R-12i vacant
N-s-E-w-
RSF
RSF
RSF
Hwy
Available to the sites.
Erry. 101 - Low Density Residentialr. 78th st. - High Density Residential
Er.y. 101 - The area contains Riley creekIf. 78th St. - The site contains a CIasB rretland.
IOCATION :
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Hwy. r.ollw. 78th St. wAPJuly 17, 1991
Page 2
PROPOSAL
As part of the Lake Drive and Lake Drive East roadl^tay projects,
Iocated between co. Rd. 17 and 184th Street, the City inpacted sone
class A and B wetland areas (Attachnents #1 and *2). The city
received a rrretland alteration pernit for the Lake Drive and Lake
Drive East irnprovenents. The Lake Drive project occurred in 1989
and impacted 3.85 acres of rretland. The project provided 3 acres
of rnitigation. rhe .85 acres of remaining vetland were to be
replaced off site on the Eckankar Property. The Lake Drive Eastproject occurred in 1990 and inpacted .47 acres of rretland. ThefuIl area of wetland nas to be replaced off site on the Eckankar
property since there was no suitable site for on site nitigation.
Therefore, all but 1.4 acres of the vetland areas impacted by the
construction of Iake Drive and L.ike Drive East rrere replaced lrith
a wetland nitigation area located directly Irest of Lake susan Hi11s
Park and just east of co. Rd. 17. The renaining 1.4 acres of
altered wetland that still reguire nitigation lrill be rePlaced aspart of the West 78th Street detachment project by creating a
wetland area in the southeast corner of the Eckankar property. Thewest ?8th street detachment proj ect is noving forward with
contracts going out for bid this faLl. The city is processing a
wetland alteration pernit to al.low for the creation of the reguiredstorn water ponding area for the tlest 78th street project, a
proposed future frontage road and for the provision of the uetlandrnitigation required for the Lake Drive and lake Drive East
construction.
A portion of C1ass B wetl.and fringe ls being irnpacted by the southIeg of Hwy. 101 roadlray eDbankment (Attachnent #3). The inpactedarea is very snaLl in size with only .01 acres (650 square feet)'ofwetland being altered. The uetland is designated as Class B and isin narginal condition. The alteration is necessary to accoEmodatethe TH 1O1 roadlray alignnent that has been previousty approved bythe Planning Conmission and City council. The .01 acrres bt wetland
In addition to the west 78th street detachloent project, the city is
designing the Hwy. 101 realig rent. The current project area
extends fron Co. Rd. 17 to I nile rrest on west 78th Street. The
ne!, roadvray ernbankment for the TH 101 south 1eg realignment isimpacting a srnall portion of a Class B wetland (.01 acres).
Therefore, the city is also processing a wetland alteration pernitfor the improvements to the south leg of Hwy. 101.
All of the alterations to wetlands fron the previous projects andthe proposed projects are being fu1ly nitigated and staff is
reconmending approvaL with appropriate conditions.
TH 101 Realiqnment - South I€o
Hwy. 101/w. 78th St. I{APJuly 17, 1991
Page 3
being removed is being repleced with the creation of a uetland areaas part of the west zSth street detachnent project.
We st?ths reEt Det achmentt
The west 78th street detachnent project is realigning existing west78th Street to the north to provide adequate separalion fron xwy.5. The West 78th Street detachment project is Lreating a pondiirgarea to accomrnodate storn water runoff.fiorn the adj acent-prolertiei(including the Charlie JaDes and B. c. Burdick- propeitiJs;, iscreating a wetland rnitigation area and is also provialng'i iutureroad\rray as an extension to west zSth street to s-erve as i frontageroad north of Hhry. 5.
staff reviewed severar options for the nitigation of the pastwetrand alterations and for the creation of ihe required stornwater ponding area for the west 78th street detachrn6nt project.The original plan showed the entire storn lrater ponding aria 6eingcreated within the existing rretland in the so-utt "as€ corner ofEckankar property. This option altered a significant anount ofexisting crass A r,retland and subsequently iequirea irr"i".=.anritigation. Locating the stom water p6nding- area'rurry wittrin trreexistingr wetland arso did not a11or,r f-or prelreatnent o'f thJ stornwater runoff prior to it entering the wetland. staff directed BRwto review relocating the storn wlter ponding area to south of thefrontage road where it uould be separate fron the existing eetland.This is the plan that is_ now being proposed for approvil by thePlanning Cornrnission "n9 .Clty Councif . fhe -p-roposea - planaccommodates on site retention while also separatlng- the stornwater pond fron the existi.ng wetland and providing pre€reatrnent ofthe storn water runoff. This design also does nod i-npact the classA lretIand. The Fish and wirdlife service and corp6 of Engineershave reviewed the most- recent plan and have appfovea tfrd pfan.Both agencies prefer the neu pLan over ttre prtvious p1an. Therrratershed district has also approved the pIan.
The creation of the frontage road will result in alteration of .25acres of the class A rretland. The ernbanknent on the. north side ofthe frontage road encroaches into the vetland edge. The frontageroad. has always been planned for future developnent and ioeventually serve as access to Lake Ann park. Ihe road must belocated as proposed to connect with the West 78th Streetintersection on the east side of co. Rd. 12 and to provide adequateroom for the storn rrater_ pond. Therefore, avoidiig any inpaCt tothe lretland !ras- not possibte. The wetland is aesignited- as i crassA wetland and the alteration vill occur on the sou-th edge. The .25acres of wetland being renoved is being replaced in elual anountand type within the nitigation area.
Hrry. 101/W. 78th St. WAPJuly 17, 1991
Page 4
The areas of uetlands inpacted by the past and current roadwayprojects are being replaced in a vetland nitigation area on the
Eckankar site. The existing CLass A wetland is located directly
north of the proposed frontage road. The existing Class A rretlandis being expanded to the hrest to provide the nitigatj.on area. The
expanded wetland area wilL be of sirnilar t)rpe as those that were
removed with both tlpe A and B characteristics. The wetland lriLlbe designed to the six Fish and llildlife recornnendations. The.plans show a 1.65 acre vetland area being created. This is being
expanded to 1.66 to provide for the .01 uetl.and area being lostwith the south leg of the TH 101 project. The top 18rr of the uuckrrrithin the existing and proposed wetland area wiII be reuoved
during construction and spread back after construction is conplete.
This will maintain existing vegetation characteristics.
The follorring table breaks down the nitigation areas.
New lf etl andl Area Itltlgatl.oa for:
1.65 acres
RECOMMENDATION
Staff recornmends the
notion:
Iake Drive (between CR 17 and
lIarket Blvd. )
Lake Drive East (located
between Hwy. 101 and 184th St.)
W. 78th Street DetachDent
proj ect
Hwy. 101 realignment
9 acres
5 acres
. 2 5 acres
. 01 acres
1. 55 acresTOTAL
Planning Conmission adopt the following
3
Type III erosion control shall be installed betueen theexisting rretland area and all d j.'sturbed areas.
AII disturbed areas shaLL be spread vith topsoil/nuck from theproject to revegetate the area with existing vegetation.
2.
I'The Planning Connission reconDends approval Wetland AlterationPentrit #91-3 as shonn on plans dated July 2, 1991, with thefollowing conditions:
1. The rretland rnitigation area will be increased to 1.GG acres
and be designed to meet the six Fish and Wildlife criteria.
Hwy
Jul
Pag
6.
or./w. 78th st. wAP7, l99l
No direct storn waterpernitted.discharge into the wetland will be
The storn water pond shall be seeded with unDOT roadside nixfor steep slopes (clover) . ir
ATTACIIMENTS
Lake Drive project.
Lake Drive East project.Letter and application fron BRw for I{. ?8th Street Detachment.Letter and application fron BRW for TH 101 realignnent southleg.
Plans dated July 2, 1991.
.1y1e5
4.No alteration/construction shall. be allolred during uaterfo$rIbreeding season.
1
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EH,[NH,[SSEN
690 COULTEB DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900
July 11, 1989
lilr. Gary Ehret
BRW, Inc.
700 Third StreetMinneapolis, MN
Olsen
Planner
South
55{15
Dear Gary s
The rnitigation areas *I and *2 asvide the criteria as recommendedGary Ehret dated June 14, 19g9.
.*-}y;h-nc €,>F,t_\
JO:v
This is to confirn that the Wetland Alteration permit lg9_5for construction of.Jake Drive ana uairet Boulevard ,ai-iplroveaby lle.city council .on .tune 2G, Lgg9, ,itt th. toltowing-'--condi tions :
1 shown on
on Page 6
Figure 1 will pro-of Lette! from
/4 E ' i-...,-,..- 5.rr \2. The/mitigation ari:a-*z)would be initiatedt within the next r.8months and a separate storm rrater retention uaiin-"rr"ii-u.used as a t',o pond system to absorb the raost severe impactsfrom water level flucuation anil roailway .oni"rinint" --'-'
entering the adjacent wetland.
3. The.applicant mus t--rece ive -permi t - approval from the Corps ofEngineers and the Watershed pistricl.
4. staff wilr r,rork with the applicant of arket Boulevard andLake Drive to reduce the amount of inpact to the 15 wetlanil.Lake Drive Easr as depictedl on Figure I of the pfi"", .."t otItlarket Boulevard and west of TH 161 is not piit-"f ttri"-hretland arreration permit application antt ii nit-incluaea inthis approval .
Should you have any questions, please feel free to contact me.
S incerely,
CITY OF
Jo Ann
Senior
Engineer ing
Bu i1d in9
I LA\C DBtrte f*l l4.c:1a-rt
".!1
WETLAND
ABEA A: WEST
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Lake Drive East WAP
l{arch 21, 1990
Page 4
PI"ANNING COMMTSSION ACTION
The Planning Conmission reconmendedconditions.approval subject to staff's
CITY COUNCIL RECOMMENDATION
Staf f recornrnends approval of the tletland Alteration pemit {90-1 as
shor.rn on plans dated Uarch 12, 1990, uith the follouing conditlons:
1. The t)rpe of netlands that are being renoved as part of theLake Drive East inprovements including Types Itr, Iff, V, VIand VII will be provided in an equal amount at the wetlandsite on the Eckankar property whlch is being developed as partof the West 78th Street Detachnent progran.
2. Type IfI erosion control shall be provided to protectunaltered wetland areas.
ATTAC}IMENTS
Letter to Paul Burke dated Uarch 6, 1990.Letter from OSM dated February 21, 1990.Site plan dated llarch 14, 1990.Planning Conrnission ninutes dated March 21, 1990.
1
2
3
4
Planning
Transportation
EnSineerin6
Urban Desisn
Thresher Square
700Third Srreet 5o
Minnear'oli5.
I\l\- 55J1i
61t,',3;0-0700
F.\ 612/370-l3i8
Itnneapolis
Ph<rnir
Den\€r
5t Petersburt
San DieSo
S€attle
Donald 11. Ringrose
Rthard P l\blsf€ld
kterE. ,arlis
Thornas E Caroll
Crait A. Ahundsen
Donald E. Hunt
hhn B- \r(Narnara
Rthard D. Pil5rim
Dale N. Be.kmann
)elfrel' L. Benson
Ralph C. Elum
G.rv ,. Erklson
,oh. C. Ltnch
Paul N Bar'
June 17, 1991
Ms. JoAnn 0l sen
City Pl anner
City of Chanhassen
690 Coulter Dri ve
Chanhassen, ilN 55317
RE : I'let l and AI terat i on Perm i t
I'lest 78th S et Detachment
City Project 87-2
Dear JoAnn,
Please find enclosed a completed Devel opment Review Application and
}.letland Alteration Permit Evaluation Worksheet for the above-
referenced project. The permit submittals are provided for the
construction of a storm water retention basin on the Eckankar site
in the northwest corner of the County Road 17 and Highway 5
i ntersecti on.
The construction of the retention basin is proposed to limit water
fluctuation in the existing wetland as well as reduce the number of
roadway contaninants being discharged to the wetland. The retention
basin is proposed to be constructed in accordance v{ith Nationwide
Urban Runoff Progran (tlURP) requ i rements as requested by the Fish
and l.lildlife Service. The ilURP requirements are a cornprehens i ve set
of criteria established to help control the discharge of pollutant
loads from storm water.
tr3
a.-!-.EE*irriLil$5.-..1
The retention basin has been designed to allow .the future
construction of a frontage road through the Eckankar site. Two
figures are enclosed showing the proposed pond construction with or
without the possible future frontage road. Figure 2A shows the
interim pond construction without a frontage road, while Figure 28
shows the pond with the frontage road. As shown, the interim pond
could easily be modified to allovr the frontage road construction.
BRWINC.
lils . JoAnn 0l sen
June 17, 1991
Page 2
The construction of the retention basin will require the disturbanceof approximately 1.34 acres of existing wetland. It is proposed
that excavation be performed on other areas of the site to mitigatethis Ioss of wetlands. In addition, nritigation is proposed to
replace wetlands previously disturbed as a part of the Lake Drive
and Lake Drive East projects. The Lake Drive project requi res the
mitigation of approximately 0.9 acres, while the Lake Drive Eastproject requires approxirnately 0.5 acres of mitigation. The newretention basin, will, therefore, include the establishment of
approxirnately 2.74 acres of new wetlands.
In addition to the cornpletion of the City of Chanhassen }'letlandAlteration Permit, we have prepared other permit application
submittals for the project as follows:
I
2
3
4
5
6
Ri ley-Purgatory Creek l{atershed District
l,li nnesota Department of Health
Pol lution Control Agency
Carver County
Hn/D0T
Army Corps of Eng i neers
Recei ved
Received
Received
Submi tted
Submi tted
Recei ved
The llatershed District and Army Corps of Engineers submittals
addressed issues associated with the construction of the retentionbasin. Copies of their permit approvals are enclosed for your
i nformati on.
The current project schedule has tentatively set Council award ofthis project for August 12, 1991, with a proposed construction start
date of August 26, 1991. To enable this project schedule to be
maintained, we request that this permit be placed on the planning
Cormission ileeting agenda for July.
STATUS
Ms. JoAnn 0l sen
June 17, 1991
Page 3
Please call if you have any questions or tve can provide any further
'inf ormati on .
Si ncerely,
BRv{, I
. Horn, PE
Project Engi neer
JBH/srb
Encl osurescc: File 7-8711
aB:@.dr.iie
Mi nneapol is, MN 55415
TET.EPHONE (Day tiDe)370-0700
0 conditionaL Use perzit - S15o
9 interin Use peruit - g15o
a Land Use plan ADendEent - S1OO
0 Planned Unit Developuent:
- Sketch Plan - $2OO
- Preliminary Developnent plan
S3oo + S15 acre
DEVE IP PI.IENT REVIET IPP!,ICATION
ADDRESS: 690 Cou l ter Drive
Chanhassen, MN 55317
TELEpH9NE: 937-1900
I subdiviEion!
Prelininary Plat:
- sketch plan - S2oo
- Create less than 3 lots - S1OO
- Create uore than 3 Lots -Sloo + $15 acre + S5 per 1otlot created
- Final Plat - Sloo
- t{etes and Bounds - $1OO
- Consolldate Iots - S1OO
:IOTAIJ 8I'BDIVISIOI
.l/?,,/ l ,:9t
APPLICANT:
ADDRESS:
BRtl, Inc.
REQUEsT
- Final Developnent plan - S2OO
- Amendnent to Finat DevelopnentPlan - S300 + 915 acre
TOMIJ PgD
a Slte Plan Review - S15O
0 AdDinistrative site plan
Review - $fso
0 Vaeatlon of Utility orStreet EaseDent - S100
0 Variance - $ZS 0 Rezonlng - g25O
0 zoning Appeal s7s 0 zonlng ordlnance .enendnent -No Charge
t llst of all property ovDers vlthla 5oo f66tploperty Eust be iDcludadl slth tbe applicatloa.ol the boundtarLes of th€_
r'reDty-slx fulr slze fotded coples of the plaas Dust be subBittsa.
I
CITY OF SEI}IEA88EN
690 COI'IJIER DRIVE
CEAIIEISSEN, ull 55317(512) 937-1900
91411gp. City of Chanhas sen
700 Third Street South
0 wetland Alteration perait:
- Individual Slngle FarnilyLots - S25
-. All Others - g15O XX
* NorE- - when multlple appr.ication" .'". p.o."ssed, the appropriate iee shalrbe charged for each application
PROJECT NA!,!E Hest 78th Street Detachment
I.OCATION County Road 17 from TH 5 to 2600 feet north
west /utn
LEGAL DESCRIPTION
SE I, Section
5!ree! trom uounty Roao r/ to K er D e rU UI eva r0 o
11, Iownshlp llb, Range zJ
WipT16;Xange2j
PRESENT ZONING N/A
REQUESTED ZONING N/A
PRESENT I,AND USE DESIGNATION N/A
REQUESTED IAND USE DESIGNATION N/A
REASON FOR THIS REQUEST
Wetl and alteration for the Construction of a storm water rete nti on/trea tment basin
Hfqhiay 5 and County Road 17 intersection.
This application nust be conpleteit in fuII and be typewritten or clearlyprinted and hust be acconpanieit by all information and plans required by
applicable City ordinance provisions. Before filing this application, you
should confer with the Planning Departnent to dete:mine the specific
ordinance and procedural requirenents applicable to your application.
This is to certify that I an naking application for the described action by
the city and that I an responsible for conplying vith all City requirementsuith regard to this request. This appl.ication should be processed in Dy nane
and I an the party whour the City Ehould contact regarding any natterpertaining to this application. I have attached a copy of proof of ownership(elther copy of ownerrs Duplicate Certificate of Tit1e, Abstract of Title or
purchase agreernent), or I am the authorized person to uake this application
and the fee owner has also signed this application.
I will keep hyself informed of the deadlines for subrnission of naterlal and
the progress of this application. I further understand that addltional feesuay be charged for consulting fees, feasibility studies, etc. wlth an
estimate prior to any authorization to proceed with the study. The docuuents
and information I have. subnitted are true and correct to the best of ny
knowledge.
I also understand that after the approval or grantLng of the pernit, such
perrnits sha1l, be invalid unless they are recorded against the tltle to theproperty for vhich the approval/pemit is granted sithin 120 days wlth the
carver county Recorderis office and the original docurent returned to CltyHall Records.
E
Sign re o f Applicant Date
Slgnature of Fee owne!Date
Application Received on
Fee Paid Receipt No.
This application vill be
Adjustroents and AppealB on
considered by the Planning Connlssion/Board o
location: Lakeslde _ Streansldle XX Oplandl _
lfatershed Distrlet: Riley.Purgatory Creek
Area of Open tgater s N/A
Drainage Flons Io!Ri'ley Creek/Lake Susan
2. DESCRIPTION OF PROPOSED ALTERATIOT:
Placement of fill material in wetland to construct dike for retention/
treatment pond. Excavation is also proposed to estab'l ish new wetlands as
mitiqation for areas disturbed by the dike constructi on.
Dike wi]l create a basin for treatment of stor later
to Riley Creek/Lake Susan.The treatment basin is proposed to be
APPLICABLE WETLAND ORDINANCE SECTION! 20-437
5 A. DISCUSS THE TUPACTS ON AEE PROPOSED DEVELOPI{ENT tF NOALTERAIION IS [ADE:
The construction of a pond meeti n g lluFt requirements is not possible
)
TYETLAND ATTERAIION PARUIA
EVA,,UAIION I{ORXSEEET
To Be Completed By Applicant lnal Subnitted rith Application(Attach adldlitlonal sheets lf a'eceseary)
I. I{ETI,AND DESCRIPTIONs
gir", 1 9.5 Acres
Class: PEMCd !ype: 2,/3 Saturated to Seasona'l'ly Flooded
Vegetation Types: Canary Grass
Soil Types: N/A
3. PURPOSE OF PROPOSED ALTERAUON:
prior to di scharge
constructed in accordance with Nationwide Urban Runoff Program (NURP) criteria.
in the area without wetland alteration.
! 20-{38
Sec. A)-fit9. Dischargce.
Sec. 20-{.10, StorEwat€r nraof.
CHANHASSEN CITY CODE
(a) soil loss froE ! coDstrustioa rite aay pa.rt of *hich ir ia r rettanil or ri rin tro
Luadred (200) feet ofthe retlaad that i8 wirhi't ttre rctlaad wetrrthed rhell Dot .ac.ad r srtdmore ttraa tro (2) toDs Fr ..ra per yGsr.
G) Projected roil loas fron r completed construetion project rhatt aot creecd oaehalfioaper year if aay part of it ir ia a wettaad or rit.hin two huarlred (200) feet of e wetlaad thet is*ithia the wetlaad waterahed.
(Ord. No. E0, ArL V, l2(5.2€(3)), ULr6€5)
(a) A ninimr"" increase ia voluoe of storwater rurofrto a retlaDar froE e deveropmcnt
over the uatural volu:ae ofrunofr may be erowed wheu aeccssary for ure ap-p"rty uotiorywbea it will uot have a Det rdverse efrect upoa the ecotogical and hy&orogicd crara*r**
of the wetlan&. I-n ao case rhalr tre re"t iaio* oo ^ooi ret out below be erceeded. siacc thelot€l i'crease ia runoff which ce" be permitted is liEit it, thc couac .r.o -*iaoi'gperEit applications sha[ consider, ia edditioa to the folro*,iag, apportioD'e't of iacreerednraor opportunity to all wetlaad propcrt)' Eirhi,t the surrouDiliag wett.,.d uee-
(b) storas'ater n'.,ofrfrou a devetopment nay bc dirccted to the wetraad oaly whea taeofdebris and substaatiarty free of cbemical polrutaats anit ailt, aait oaly at ratea which ato lstdisturb vegetatioa or increase turbidity. sbeet flow rad otber overlead rtraiaage d rur6ahall be encouraged-
(c) ll,e proposed action shar aot caule sto,rtpat r nuofioa trre wetranrrg to tarc phco dr rate *trich would roaterially e:ceed t.he Datural ,rla
(d) Tbe allowed total i,*e."€at nrDoE, ia combiaatioa rith thc rotd 6n dlowd d.rr 6icsus€ totar naturar flood rtorrge capaciB of the wcttearr to fan bctow, or rau xroi nrrtta,the projected voluae of nuoff ia tle shote developed rctla!.t rat r8hed g.;;;;; by .6.9.iacb rainfall in twenty-foru (21) houn
(e) The dlowed roal iacrearc ra nraofr, ia coabinatioa rith thc totst frl dtoxlq .[rr
80t causc totar Dstursl nutrient rtripping capacity of tLe rcireart to fatt b.ror, o, iiiu"to,furthe', the projected nutrient production fron the rbote devetopcd wcuaaa riterooa(Ord. No. 80, Art. V, C 2{(5.2{€({0, f2-t6€6)
Secs. 2Grl{l-20-{75. Eeecncd.
t19t
)
(6) Ihedging iD aly *etland area is prohibibd during taterfowl breeding eeasoa or fish
spawaing !€aso!, ualess it is determiaed by tbe city that the wetlaad is aot ued for
Eat€rfowl breedirtg or fuh rpi*aiag.
(Or& No. 80, ArL V, t %1.$21StAD,l2.r6€6)
5 B.IDENTIFY AND DISCUSS OTEER ALTERNATIYES TO WETLANDALTERATION:
The alternative to retland alteration wou]d be to not construct the
treatment pond resulting in additional stom water contaninants being
discharged to Riley Creek and Lake Susan.
C. IDENTIFY TEE ADVANTAGES.-AND..DISAPVANTAGES-OF TEE PBOPOSEDALTERATIoN: Alteration wil'l allow the construEtfon ofa dfke---'
for a storm lrater treatment basin , improving the quality of rater discharged
to Riley Creek and Lake Susan.The proposed ionstruction wil'l disturb
existin lretl ands however mitigation will be performed to re-establish the
wet an s.
5. USING THE WETLAND ORDINANCE STANDARDS AS A GOTDE, DETERUTNE
WHETHER THERE ARE ANY INCONSISTENCIES BETWEEN TtsE ORDINANCE
AND PROPOSED ALTERATION:
-2-
)
NONE
!a l. r,
rl ST. PAUL DISIFICT. COiPS O' ENGIXEEAS
ra21 u s. FosT orrlc€ I cusToM HousE
sT. PALi- M'l{NESOTA 55r0r-r art
June 5, 1990
I
Construction- operaElons
RegulaEory (89 - 208lN- 74)
l{s. Beth Kunkel
BRll, Inc.
Thresher Square
. 700 Thtrd Street South
Mlnneapo1ls, lllnnesoEa 5 5415
l.Ie have revlewed the nev lnformatlon provlded us sbout the comPensatory
Dlttgatlon for the Lake Driwe Project ln the Clty of Chanhassen, t{lnnesota.
You asked phether Pond A could be moved to a neu locatlon requlrlng
retlend f111 for berm or dike construction.
In vlew of the stated dlfftculty ln proceedlng wlth all of the orlglnal
Eltlgatlon plan, the beneflts expected to result fron the revlsed p1an,. and
your coordlnatton ulth the Flsh & Wtldltfe ServLce and our offlce, the
proposed change ls considered authorized under our prevlous revleu.
Ttlis delermlnatlon covers only the proJeec referenced above and does not
lnply that any "surplus" conpensatory mitlgatlon can be applled toward other
clty proJects. Should the deslgn, 1ocat1on, or purPose of the work change,
contact us to nake sure a vloleElon reould not occur. Our telePhone nunber ls
(6L2) 220-0375.
Ic ls your responslbllity to lnsurb that the work complles l,ith the terns
of thls letter and the enclosures. IT IS YoUR RESPoNSIBILIrY TO oBTAIN ALL RE-
QUIRED STATE AND I,CAL PERUITS AND A?PROVAIS BEFORE YOU PROCEED I|ITH THE I{oRK.
Thls verlficatlon s111 be valld untll the natlont lde pernlt 16 nodlfled,
reLssued, or revoked. A11 the natloneide pernlts are scheduled to be
arodlfled, relssued, or revoked prlo! to 13 January 1992. It ls lncumbent up6n
you to remaln lnformed of changes to the naclonrrtde pernits. lle u111 Lgsue a
publlc notlce ennounclnB the changes rrhen they occur. Furthernore, lf you
commence or are unde! contract to commence thls actlvlty before the dete the
natlonrrlde permlt Is nodlfied or revoked, you v111 have tnelve nonths froro the
date of the modification or revocatlon to conpleEe the actlvlcy under the
present terBs and condltlons of this natioff lde perElt.
fhank you for advlslng us of the project revlslon. If you have any
questlons, please call vern Reiter at (512) 220-0363.
47-*,
Ben lropat
Chlef, Regulatory Blanch
Constructlon-Operatlons Dlvlslon
-! i..i I
. . . DEPARTMENTOFTHEARMY
APR ,i2'91
Riley-Purgatory-Bluff Creek Watershed District
Engincering Advisor: Barr EnS,inecring Co.
.7803 GlcnroY Road
MinncaPolis, MN 55435
t30-0555
l-cgat Advisor: Popham, Haik, Schnobrich & Krufman
3300 PiPcr JrffrcY Towcr
MinnraPolis. MN 55402
333-4800
L
o
t?
Ur. Jon Horn
BRIJ
Thresher Square
700 fhfrd Street south
[lnneapolts, MN 534L5
SUBJECT: Pernlt #91'05: west 78th Street DetachEent: Charrhassen
Dear Mr. Horn:
The Board of l{anagers of the Riley-Purgatory-8luff Creek lJatershed
Dtstrlct has rewlewed ihe plans and gradlng end land alteratlon Pernlt
applicatlon es subnltted to the Dlstrict for the lmprovenent- relocatlon of
tir" W""t 78th Street-County Road 17 lnEerEectlon ln Charihassen'
The Hanagers aPProve of the gradtng and land alteratlon pernlt subJect
to the following condltlons:
1. A11 eroslon concrol Deasures shown on the plans Eust be lnstalled
prlor to colunencement of gradlng oPetaElons end be uelntalned untll
"U .r.t" altereal on the slte have been restored'
If sl1t fence is used, the botton flap Eust be burled and t.l.e
raxinum allowable spacing between PosEs ls 4 foot on center' A11
posts nust be elther 2' x 2' plne, hardwood, or steel fence Posts'
if lry bales are used, all balee oust be etaked ln place and
re!.nforced on the downstrea.E slde Ylth gnorr fence'
A11 areas eltered because of constructlon Eust be restored \'lth
seed and dlsced nulch, sod, wood flber blariket, or be hard surfaced-
clthln two neeks after conPletlon of constructlon or no latet than
OeEober 15, 1991.
2
Harch 5, 1991
Hr. Jon Horn
RCO/pls
c: l{r. Ray Halk
}{r. Frederlck Rahr
}{r. Charles Folch
2327053lJH0305 . LTR
March 5, 1991
Dete :
+- Presldenc
J{
Page 2
The Dlstrlct Dust be nbtlfled -ln wrltlng a nlnlnura of 48 hours
prlor to coDnenceoenE of constructlon.
If you have any questlons regardlng the condltlons of the Dlstrlct,sperolt, please caII us et 830-0555.
Slncere v,
C. Oberueyer
BARR ENCINEERING CO.
Englneers for the Dlstrlct
Approved by the Board of Hanagers
RILEY. PI'RGATORY.BLUFI CREEK
DISTRICT
3
t
eni dpF-l ication tD:
Barr Eng ineer ing Company
7803 G lenroy Road
_Mlnneapolis, Mn ,5435
P.A. #91- 06
o-4. i7-'
RILEY.PURGATORY CREEK HATERSHED DISTRICT
GRADING AND EARTHI4OVING PERI4IT
Appllcatlon for Perml t, Permlt, Notlflcatlon of Complctlon
and Certiflcatlon of Cornpl etl on
Name of App licant City of Chanhassen / BRH, Inc.
Address 6 0 rDr C hanh a!s n MN 55317
Nature o 0r The Recon struc ti nofP f t,lest th treet an
Co.7-ort ollorkwest 78th-Co. Rd.7 o Ker vd.3-Zsoo'Locat{on of
Hunl cl pal lty Citv of Chanhassen
ProJ ected 0u ra tTon dilllork one Jear
P roi e d u r e s t o b e u s e d t o c o n tTif ErbiTdn-ii-d- Sidlfr E-nt a-El5i--
Sil t Fence (See Proje ct PlaE_-r!__SLe c i fi cati ons )
If additiona
the l nformat
attachrnents.
I space is needed to provlde the lnformat
lon to this appl lcation and in the space
tlest 78th Street Detachment Proiect
ion requested above, attach
below briefly desc ri be the
Cons tiucTlon P ans an pec fi cati ons
_ Drai nag
Storm S 'lIul ati ons
A -eq-F-
Permlt appllcatton recelved by the l.latershed Dlstrict on llthday of
19 el.
All vork shall be completed by the r13day of 0ctober 19 91 Tlre amount and
nature of col I ateral requl red 1 s
--
none
Thls permit applicatlon ls hereb-v (dCdI6dlap proved) by the Board of }lanagers of the
llatershed District this 6th day of Uarch l9e 1 subject to the condi tions
containcd in the a t ta cheil-corresp ondence dated ltarch 6
This permit is permissive unly and does not release the pe rnrl ttee fronr a ny liabllity
or obligatlon imposed by Mlnnesota Statutes,d al Law,al r I nance s .
s en Giil-o f 'lia n a d e r s-' ---
February
I
Pi)tini ttee
Certlflcatlon of the satlsfactory cornpletlon. of work authorized ls hereby made on
thls _ day of _-__, 19_. \
sPcc tor
1991
Notice of: completlon of work authorlzed; explratlon of gradlng permit, is hereby
glven to the Dlstrlct on thls _ day of
-_.
19 __.
BRW I\C.
June 17, 1991
Hs. JoAnn 0l sen
City Pl anner
City of Chanhassm
690 Coulter Dri ve
Chanhassen, ilN 55317
RE: Hetland Alteration Permi t
TH 101 Reali gnment (South Le s)
PIease find enclosed a conrpleted Developnent Review Application andl,letland Alteration Pennit Evaluation Horksheet for the above-
referenced project. It is our understanding that this project
requires a l,,etland Alteration permit due to impacts to Riley Cieek
and adj acent wetland vegetation.
The City of Chanhassen is proposing this project to provide a needed
extension of l,larket Boule-vard south to Trunk Highwiy l0l (TH l0l).l'larket Boulevard currently tenninates at a dead end south of the
entrance driveway for the recently constructed Rosemount facility.The proposed - roadway construction is tenporary until t-heconstruction of the permanent Harket Boulevard/TH l0l alignment inconjunction with future Trunk Highway 212 improvements.
The construction of roadway embankment sections for this project
requires the placement of some fill material in wetlands as well asthe real ignrnent of approximately fifty feet of Riley Creek channel .
The wetland alteration work would be required alongihe east side of
TH 101 .from-the e-xi-sti ng culvert crossing of Riley Creek to a point
approximately 200 feet north.
The design of the proposed roadway has been performed with an effortto minimize wetland impacts. The roadway alignrnent has been shiftedto the west, as possible, and embankment sections are proposed to beconstructed rvith maximum allowable side slopes of 2:l (two foOthorizontal to one foot vertical l:
ThresherSquire
;00 Third Slreet So
t\tinneapol15.
!r,N 55J15
612/370-0700
Far 5l: 3;0-13:E
lrinncapolis
Phoeni\
Dmrer
5t. Peiersbur8
San DieSo
S€attle
#4
Plannint
Trarlsportation
Entineerint
Urban DesiSn
Donald h-. Rrntrose
Rihird P $irlsreld
Peter E. ,ar\.is
Thonus E Clrroll
Craig A. Arnun&n
Donald E. Hunt
,ohn 8. \tc:\arnara
Ricl|ard D Piltrim
Dale N. Ee.krnann
,effr6 L. Benson
Ralph C. Blum
Carr I. Ertkson
,ohn C. L!'n.h
Paul \. Ba)..
Dear JoAnn,
l.ls . JoAnn 0l sen
June 17, 1991
Page 2
In "ddition to the completion of the City of Chanhassen Hetland
Alteration Permit, we have prepared permit application submittals
for the fol Iowing agencies:
l. Ri I ey-Purgatory Creek llatershed District2. Army Corps of Engineers3. l,linnesota Department of Natural Resources (DNR)
}'le are currently working with these agencies to obtain their
approval of the proposed wetland alteration.
The current project schedule has tentatively set Council award of
the contrac! for this project for August 12, 1991, with a proposed
construction start date of August 26, 1991. To enab'le the proiect
schedule to be maintained, we request that this permit be placed on
the Planning Conmission I'leeti ng agenda for July.
PIease calI if you have'any questions or we can provide any further
i nformati on,
Si ncerely,
BR|J, INC.
0n . Horn, PE
Project Engi neer
JBH/srb
Encl osurescc: File 7-9001
Eril
I
APPLICANT:
ADDRESS:
BRl,l, I nc.
700 Third Street South
Mi nneapol i s, MN 55415
TELEPHONF (Day tiDe)370-0700
I Conditional Use peroit - S15O
I Interin Use pemit - S15o
I Una Use pLan Aren&oent - $1oo
0 Planned Unit Developnent:
- Ske.tch Plan - g2OO
' - Prellninary Development plan
S3oo + S15 acre
CTITY OP CEIIIEASSEN
690 COUITTER DRIVE
cEAtrEtEaEN, XN 55317(612) 93?-1900
DEVE LOPITTENT REVIET IPPLIeATIoN
ADDIIES5: 590 Coulter Dri ve
Chanhassen, MN 55317
TELEPHONE:
REosESI
- Final Developurent plan - S2OO
- Amendnent to Final DeveloproentPlan - SSOO + S15 acre
TOTAL PI'D
a subdivision:
Prelininary Plat:
- Sketch plan - S2OO
- Create less than 3lotE - $10(
- Create uore than 3 lots -Sloo + S15 acre + $5 per lot-lot created
- Final PIat - gloo
- Metei and Bounds - SloO
- consolldate Lots - SloO
IIOIAIJ AI'EDIVIEION
I Site Pl.an Review - $t5O
I . Adrninistrative site pLan
Review - 9150
0 Vacatlon of Utllity orStreet Easenent - $1OO
I Varlance - $ZS I Rezoning - $Zso
I zoning Appeal - gz5 I zonlng ordlnance Anendtoent -No Charge
! ltat of all- pr-operty otrlers ulthla 5oo fe€t of the boundarles of tha_ploperty Dust ba iucludted rlth tbe appflcattor.
Trenty-alx tull size foltted copr.es of tbe plans uust bo Bubtrrttod.
* IgT!-:_1hen tultiple app_l.ications a're processed,De charged for each application the appropriate fee shall
,
6HNgp. City of Chanhas sen
937- r900
--.-
0 wetland Alteration perxlt:
- Individual qingle FatnilyLots - S25
-. All others - $150 XX
PROJECT NAHE TH 101 Rea'l ignment (South Leg)
I,OCATION TH 101 South of Highway 5
LEGAL DESCRIPTION
Nl.l I and S!,1 t, Sec tion lt-TdwnShip l Io, Range zJ
REQUESTED ZONING N/A
PRESENT TAND USE DESIGNATION N/A
REQUESTED IAND USE DESIGNATION N/A
ortion of the Ril QUEST
Creek
lletl and alteration includin the rea l i nment of a smal IREASON FOR THIS RE
c anne s neces sa toa 0w e construct ono t
art o r0 ect.r0a wa r0 0 se as a t s
This application uust be conpleted in full and be typewritten or cLearly
printe&-and nust be acconpaniect by all inforaation and. plans .required by
ipplicable City Ordinance provisions. Before fillng this. appl lcation, .
you
siltu]d confer with the ilanntng Departgent to deternine the speclfic
ordinance and procedural requirenents applicable to your app)'ication.
This is to certify that I am Daking applieation for the described action by
the City and that I an resPonsible for. cornplying with all City r-eguirenents
with relard to this reguest. This application should be proce.ssed in ny nane
and I Lrn the party thon the clty should contact regarding any Datter
pertaining to ttris application. I have_ attached a gopy of proof of ownership
leither copy of Orrnetr s Duplicate Certif_lcate of Tit1e, Abstract of Title or
purchase a-greenent), or I iu the authorized -perEon to make this application
ind the fet owner has also signed this application.
f will keep rnyself infomed of the deadlines for subrnission of uaterlal and
the progrels ot this application. I further understand that additional fees
Day be charged for ionsultlng- fees, feasibillty -atudie_s, etc. with an
estinate priol to any authorization to Proceed rrith the study. The docunents
and inforuratlon I have subnltted are true and correct to the best of Ey
knorrledge.
I also understand that after the approval or granting of the per3lt, such
penoits shall be invalld unless they.are recorded agallst the tltle to the
iroperty for whlch the approval/Pemit Is granted -rrithin 120 days -wlth the-Carver tounty RecordertE Office indl the orlginal document returned to City
HaII Records.
E
sig ppl icantteof Date
Slgnature of Fee Owner Date
pRESENT Z9NING tl/A
Application Received on
Fee Paid Receipt No.
This application will be considered by the planning cornrnission/Board oI-Adjustnents and Appeals on .
I
I|ETLAND ALIERATION pER.trtIT
EVAI,UATION I{ORKSBEET
To Be Complgtgd Py Applicant lnil Subrnitted uith Application(Attach ailditional sheets if necessary)-'
ITETLAND DESCRIPTIONi
Size: 50+ Acres: Fri n ge of Rice ilarsh Lake l{etland Complex
CIass: PEi'1/SSIC type : l/2 Temporari'ly Flooded to Saturated
Location: Lakeside _ glssrrlstfls X Uplandt _
Iaterehed Dlctrict: Riley-Pu rgatory creek
Area of Open l{ater:Average Creek Channe'l width of 5 Feet
Drainage Flous Io:Rice l,larsh Lake
Vegetation Types:Canary Grass, Go l denrod
Soil Types:
2. DESCRIPTION OF PROPOSED ALTERAIION:
Construction of roadway embankment sections in netlands adacent to Riley
Creek and the realignment of approximately 50 feet of creek channel .
3. PURPOSE OF PROPOSED A!?ERA?ION:
Construction of City of Chanhassen TH 101 Rea'l ignment (South Leg)
Project, including the extension of Market Bou'levard and the partial
rea'l ignment of TH 101.
1 APPLICAALE WETLAND ORDINANCE SECTION: 20-437
5 A. DISCUSS TEE IMPAC?S ON TEE PROPOSED DEYELOPITENT IF NO
ALTERATION IS }IADE:
The pro posed roadway construction is no? possible without minor wet'land
alteration and the rea'l ignment of a srnal l portion of Riley Creek.
i
I
120.{38
Sec. 2cl{t9. DireherTee
Eec. 2Gi40. StorEsrt r rrllofi.
CHANI{ASSEN CTTYCODE
(6) Dredging ia eay retlaad area ie plohibitcd arudag waterfowr bmeili.g !.r8o! c 6sh
rpawuing eeasoa, .-tess it is deteraiaed by the city thot the wettanit ig aot uced for
waterfowl fseiring s3 6sh Qawaiag.
(Or& No.80, Art.Y,|%tl -Zt4l2)), U-r6€6)
(a) soil loss froru ! coD'tnrctioD lit .oy pert of rhich rr iD a ;.rtrnir or rdrlip t,oLuo&ed (200) feet of the retlaad tbat ir ritlia thc retlaad watcmhcd rhdl aot crcccd e nte
of aore thaa two (2) toas per acre.psr yur.
G) hojecteil roil roas frou r conpretad coarE.ctioa project rhalr not erceed oaehrrftonF ye€r if say part of it ir in r rettaad or rithia two Luaitred (200) feet of e wetland thet irritbia ttre setlaad watershed.
(ord. No. E0, Afi. V, t 2A<S-214[il), 12.15€6)
(a) A minim"-, iacrease iD votuEe of 8torEeat€r nr.offto ! retra'it &on a developucutover the aatural voru:ae of ruaofr nay be auowed whea aecessary for use ap-e.rty tot *rywLen it w r not have a uet aitversc effect upou tbe ecorogicel aart hydrorogi;d "r-..t r,'riiof the retlan&. In no case ahalr tbe restrictioDs o! nraofreet out below belcaeaed. sracc tbetotal iaeresse ia nrnoff whic,h cao be per.itt€tt is tiEit€d, the couacil *r"o -*iaoiogpernit applications shall consider, iD edditio! to the fouowiag, spportioDrae't of iacreerednrnof opportunity to ell wetlaad propert5r witr,in tie .,rrrorroaiog *.tl*d 1r;
(b) storuwater rulotr fron a developmeat nay bc irirectad to trc rettaait outy whea &eeof debris aail substaatialy hee of cbeaicer pollutaats rDat sitt, lDd o'ty et rates *hich do lotdistwb vegetation or iaerease t,rbidity, sbeet flow aart other overlaad drairege d nrao6aball be encor:raged.
(c) The proposed actioa shel aot c8u!. BtorEelter nrDoEoa tLe wetran& to tate prrce ftr rate which would uaterielly crceed thc astural nta
t
(d) The allowed totar ia'eercit nra@, ia coabiaatioa ritt the totar fitt alrorcit, rhelr adcause total nqtural flood storage capacity of the rrtlsld to fall b"t"*, * f"X;;;;;;,Lhe projected volurae of nraofr.la thc rhole developed wetlaait watarshed S;;;;;;;:6.9-iach raiafall ia tweuty-four (2{) horrr.
a
t
Secs. 2Grl4l-20-{75. Reserrc&
)
(e) ?he alloweit totd iacreee ia nraoE, ra conbiaatioa ritL the totat fr[ attoweir" rtrltDot caus€ totar Datural autrient rtripping c-pacit5r of, thc rctlanit to falt berow;- t"Iib"t-further, tbe projectetr nutrieat productioa Eon thi sbore devcroped wctraaa watcrchJ----'((hd. No.80, An. V, ! 2{(5-2.1€({0, 12-15€6)
1r9,1
I
5. B IDENTIFY AND DISCUSS OTBER ALTERNATTVES TO WETLANDALTERATION:
Do Not Construct ProJ ect.
c.IDENTIFY TgE ADVANTAGES AND DISADVANTAGES OF TEE PROPOSEDALTERATION:
Alteration enab'les the needed extension of l,larket Boulevard t.o
TH 101 .The uetland and Riley Creek will experience some inpacts during
project constructi on.
,D
EO
6 T'SING THE WETLAND ORDINANCE STANDARDS AS A GUIDE
WHETHER THERE ARE ANY INCONSISTENCIES BETWEEN ?H
AND PROPOSED AITERATION:
None
ETERMINE
RDINANCE
-)-
8RW lNC.
Plemlng
thnsporl.l ion
EnSlr!.!rint
Urbdr Dcsign
ThrerherSquarc
700 Thlrd st...t So.
Min.polir.
MN 55{15
5t2t370-0700
Fn6EtriTo-t378
June 14, ..1991
Mr. Vern Rei ter
Army Corps of Engineeri
1421 US Post 0ffice and Custom House
St. Paul , HN 55101
RE: Determination for Nationwide Permit
Dear Vern, '
The City of Chanhassen proposes to upgrade Highway l0l in the tlest
half of Section 13, Township 116 north, Range 23 west. This road
improvement project will involve minor fill into a wetland adiacent
to'Riley Creek.-
The project impact is within the headwater area of Riley Creek;
given that the upstream watershed is approximately 3,54 square
miles, which is less than the'20 square nile threihold.
The wetland area that would be filled is doniiriated by Reed canary
grass and goldenrod. The amount of fill to be placed in this area.
is limited to 70 cubic yards and would disturb 650 square feet of
wetland. A I'linhesota Department of Natural Resources Permit .
Application has itlso been.submitted for the required channel change...
Given the snrall dmount of lietl and impact, and thi location of .this
wetland within the headwater area of. Riley Creek, it is tny
understanding that this work should be covered under thd Nationwide'Permit progrim. Please review the enilosed infoi"matiori.and let de
trn \y
Mihm.polir
Ph6!flh '.
Dtrlrltr
Sl. nlt.rrburg
srn Dirjo
SartlL
'.,.
ooriald w. Ringrorc :
Rkldtd P. l.rolrr.H
Flk E. l.rvi! ' ' '
.. Thomi. E C.roU
ctrig i. Arnundrcn
' Doeuld E. lbnr j
.!ohn E. McNainrri .
' ikh.rd D. i'jt8rih
Drh N. E ck.tr.hh'
Icifrty L. rcripa :
' 'Relph.C. Ilurn' Grry t, Etklsoa'
hhn C. Irnch
Prul N. Bcy
l.lr. Vern Rei ter
June 14, 1991
Page 2
I will iontact you at a later date to see if you have any qrJestions
regarding this project.
Sincerely,
BR}'l, INC.
th Kunkel
l,,li ldlife Biologist
BK/sb
Enc I osurescc: Gary Ehret, BR}{' Inc.rJ6n Hoin, BRH,'Inc.-
File 7-9001
ffilrtu'PLANNII'IG
TRAI.ISPOfiTATIC$I -EI.IGINEERING
LNBAN D€SIGI-I
FlY.l€THFESHEFSOUAFE 7@IHIROSIFEEI SOTJTH MNNEAPqE MNNESOIA 55415 a+o{E 51?/3r0{r@ FAX 6t2/3tqt3ti
TRANSMITTAL
DArr:n
To:u'J
r r
FIToM:Llo
RE:I
'n
ITEM(S): No. DEscRrpnoN
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5@.Prm,
Glub
(g
w o I t'Otr;r463
PlarrjPunPosr:Prclin;oa ,l
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review and rehrrn
reply to sender
other (see remarks)
yu lnvc ay 1u*l;^t tr oecd *y dd,/,'oru/-
Elc l-?al
DENVER PHOENIX TUCSON SAN DTEGO
Pay'ct
as you requested
for your information
for your approval
REIVIARKS: Pteau atl if
in0r"n{;a'
MINNEAPOLIS SI PETERSBUBG
Serrd app li ca tion to:
Barr Eng inear ing Company
7805 G lenroy Road
Mlnneapolls, Mn ,5435
0 or
RILEY-PURGATORY CREEK WATERSHED DISTRICT
GRADING AND EARTIII'IOVING PERMIT
Appllcatlon for Perml t, Pernrlt, Notlflcatlon of Complet{on
and Certl fl catl on of Cornpletlon
llame of Appl lcan tci of Ch a nha s sen /BRI.I Inc.
Address
Nature
Locatlo
Cou l ter Dr ve an assen
r-zmT-tum nous oa0no0 0 0nnec EIiC and Ttt 10n of l.lor Market oul evar - Current Sout erm nu s
Hunlclpal lty
ProJected Du rat on0 0r __ 90 Days
Procedures to be Used to ConTio T-Ei6ETiin-a n cI-S edlmentatTonSilt Fence and Hay Bales (See Project Plans)
lf addltlonal space ls needed to provlde the lnfonnatlon requested above, attaclrthe lnformatlon to thls appl_lcatibn and in the space below drlefly describe theattachments. Preliminary P'l ans
l.letl and Im Dact Drawi nos
G/H/q/
an
Permlt appl lcatlon recelved by the l.latershert Dlstrlct on _ day of
19 _.
All work shall be completed by tnrture of col lateral requlred ls
he _ day of
., for the iity or Chanhassen
f Hanagers of the
o the conditlons
trr-eTldEiTiBb-aidTf -lili-a :. -s
I
Thls permlt appllcatlon ls hereby (denled/approved) by the Boarllatershed Dlstrlct thls.__- day of '__
_- __, li _- , subjec
conta i ned I n the a t tacheif torres ponilen6ilEted-
dott
Thi s
or ob
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Notlce of: completlon of work authorlzeglven to the Dlstrlct on thls _ day of
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Certlflcatlon o
thls _ day of
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r nspec tor
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P. A.
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CH[NH[SEEN
ME},lORANDIJ},{
TO:
FROM:
DATE:
SUBJ:
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-s739
Planning Commission
Jo Ann olsen, Senior Planner
July 10, 1991
Zoning Ordinance Amendment for Bed and Breakfast
Establ ishnents
Establishnent must be owner occupied.
There shall be five or less rooms for rent.
on July 8, 1991, the city Council approved an amendment to aconditional use permit for a bed and breakfast establishment
located on B1uff Creek Drive. A condition of approval was that the
zoning ordinance be anended to change the definition and specificconditions of bed and breakfast establishments in the City Code.
The City Code was proposed to be arnended after Bluff Creek Bed and
Breakfast establishment requested perrnission to add a fifth rentalunit to an existing garage.
Currently, the City Code defines a bed and breakfast establishnent
as an owner occupied principal dwelling in which five (5) or less
rooms are rented on a nightly basis for a period of less than seven(7) days. Meals may or nay not be provided to residents and toovernight guests. The City code also provides specific conditionsfor a bed and breakfast rrhich are as follows:
flro (2) off-street parking spaces plus one additional
space per rental roon must be provided.
There shaLl be no nore than one (1) enployee in additionto the residents.
1
2
3.
4.
5.A room shaIl not be rented for more than seven
consecutive days to the same person.
The City Attorney has drafted proposed anendments to both thedefinition and the specific conditions as foll.or{rs:
CITY OF
Number 4 of the specific conditions is proposed as:
4. Not nore than five (5) roons Day be rented. All roons nust beLocated in the principal dwelling except that one roon may belocated in a detached accessory garage.
staff is reconmending an additionaL change to the definition of bedand breakfast by changing the first sentence to:
an olrner occupied single fanily home in which not nore thanfive (5) rooms are rented on a nightly basis and for a periodof seveD (7) or less coDsecutl,ve days to the aame person.
Staff is also recommending that, under the specific conditions,instead of lirniting the one roon to be loclted in a detachedaccessory garage, that it be allowed in a detached accessorystructure. This will not linit the fifth unit to only accessorygarages. Staff feels that these proposed changes will a11owflexibility in the creation of bed and breakfast tstabl ishments,yet naintain the cityrs objective for vrhat a bed and breakfastestabl ishment should be.
RECOMMENDATION
Definition: an owner gccupied single fanily hone in which not
rnore than five (5) rooms are rented on a nightly basis for aperiod of less than seven (7) days.
staff recommends that the Planning cornmission adopt the amendrnentsto the City Code as follots:
Section 20-1 of the Chanhassen City Code isg the definition of nbed and breakfast'r to read:
Bed and Breakfast ZOAJuly 17, 1991
Page 2
s ect on 1.
anended by anendin
section 2.Section 20-252 (A) of the Chanhassen City Code isamended to read:
An orrrner occupied single fanily horne in which not nore thanfive (5) roons are rented on a nightly basis for a period ofseven (7) or less consecutive days by the sane person. Mea1snay or nay not be provided to residents and overnight guests.
(4) Not nore than five (5) roons nay be rented. Al1roons Dust be lo-cated in- the principal dwelling except thatone roon may be located in a detached accessory structure.
ATTACHI,TENTS
1. Letter fron Roger Knutson dated JuIy 2, L9gL.
CAI\IPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attt,rnels at Larr
July 2, 1991,
Ms. Jo Ann Olsen
Chanhassen City Hall
590 Coulter Drive, Box 147
chanhassen, llinnesota 55317
Zoning ordinance Amendment -
Bed and Breakfast Establishrnents
Dear Jo Ann:
Enclosed please find the ordinance you requested amendingchapter 20 of the City Code concerning bed and breakfast
establ ishments .
Very truly yours,
RE
CAI.{PBELL,
& I"t cHs P.A
soN, scoTT
BY
Roger N. Knutson
RNK: srn
EncL osure
I'i:CEIVED
JU!- 0 3 6si
CIT',I CF CHA!"{ t_: _: : ._,.
'\hnkee Square Office III ' Suite 202 ' 3460 Washington Drire ' Eagan, lvlir- 55122
CITY OF CHANHASSEN
CARVER AND HENNEPIN COT]NTIES , II{INNESOTA
AII ORDINANCE II,IEI{DING CEAPTER 2 O OT ITEE
eEAIIEAAAEN CITI CODE, tEB ZOXTNG ORDINAT{CE,
CONCERIIING BED }}ID BREAKFIST ESAABLT8EITENT8
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SectioD 1.
amended by anendi
read :
Section 20-1 of the Chanhassen City Code isng the definition of nbed and breakfastrr to
An owner occupied single fanily home in which not more thanfive (5) roons are rented on a nightly basis for a period ofless than seven (7) days. Uea1s nay or Day not be providedto residents and overnight guests.
(4) Not nore than five (5) roons nay be rented. AI1rooms must be located in the principal dwelling except thatone roon nay be located in a detached accessory qarage.
SectioD 3.
upon its passage
This ordinance shall be effective inrnediately
and publication.
P
day of
ASSED AND ADOPTED by the Chanhassen City Council this
SectioD 2.Section 20-252 (4) of the Chanhassen city Code is
amended to read:
, 1991.
ATTEST :
Donald J. Chmiel, Uayor
(zub1ished in the Chanhassen Villager on 1991. )
07 /02/9'l
ORDINANCE NO.
CHANHASSEN PLANNING COHHISSION
REGULAR MEETING
JUNE 19, 1997
Chairman Enrmi ngs cal led 7:50 p.m
I.IEHBERS PRESENT: Steve
EIIson arr ived late.
}.1EMBERS ABSE Tim Erhart, Ladd Conrad and Joan Ahr e ns
Ann Olsen, SeniorSTAFF PRESENT: Pau -],Director; Jo
IPlanner ; and Sharmi n
Emmings: t^,e can't acL on any proposal.. Ne're a body that makes, holdspublic hearings and then make recommendations to the City Council and they
take the final action on it. Any action that we take is only a
recommendaLion Lo the City Council. As far as maybe aII of these things
I guess go with lhe possible exception of the bed and breakfast item, I
don't want to pass those onLo the CiLy Council without a recommendaLion
from the Planning Commission which means that since we can't take action
tonight, there's no point in meeting. On the other hand, all of you have
taken time to come here and I guess what we might do is hold a short
meeLing. once we cLose our meeting, is just hold a short meeting wiLh the
P]anning staff and I'm going to stick around and maybe, whether or not the
other people on the commission want to stick around, and talk to you and
find out quickly brhat your concerns are so that maybe those can be taken
into accounL the next time it's brought before us. But I still think it's
very important thaL you come back when these ilems 9o back on our agenda toget your tesLimony in. Put it on the record because a verbatim transcriPt
is made and passed along to the City Counci]. Frankly, this is very
embarrassing to me- This is Lhe first time we've ever failed to have aquorum. [,Je've got 7 members and there's no excuse for not having 4 here
but apparently the other 4 people had conflicts tonight. Some of them we
know about. Some of them we didn't and I don't knoul what else to tell you.
Walter t^lhiLehill: Sounds Iike a good idea that you're proposing.
Emmings: Okay. tlell I would think that maybe on the B]uff Creek Bed and
Breakfast item we could pass that one along to the City Council without any
recommendation from us. Let me just ask. PauI , ule'd like to pass along
item number 2 on the Bluff Creek Bed and Breakfast item. The three members
that are here support the staff report - You can ]et Lhe City Council know
that to permit whaL they're requesting there. end if there's anythingfurther that r^re have Lo do with it, you'lL have to bring iL back but
otherwise that could go to the City CounciI.
Krauss: I just spoke urith the applicant for the Ches Mar Farms pro'posal
and we're not looking at just a 2 week delay here. [.,e're acLually lookins
aL a 4 week delay because our next meeting fa1ls out July 4th r.leek and uas
cancelled and the schedule is set up. This is going to put that back into
August sorretime which does interfere with his need to get building out onthe siLe. I throw that out for your consideration.
the meeting to -order aL
Emmings, Jeff Farmakes,
Krauss, Planni ngAI-Jaff, PIa nner
Brian Batzli and Annette
Planning
June 19,
Commission Heeti ng
799f - Page 2
Batzli: can we have a special meeting next week?
O]sen: tJhat we can do is put it onto the JuIy, what I Nas sug'gesting with
Ann with the Bed and Breakfast is that we can rush. The next Planning
commission is JuIy 17th and tha! we can get it to the next Council meeting
that following Monday. Make an exception so it's just a 2 treek delay, nota month.
Krauss: Do you think we
t^lalter HhitehiII: Before
Emmings: Sure.
t^lal ter t^,hiLehiIl: Can rlle
idea whaL is going on.
do thal for Ches Mar Farms as
goes any further, can I ask a
could
this
weI1?
question?
use the mics? I'm hard of hearing and I have non
Krauss: ltem number 1
can that go f orulard?
is that also something you'd like brought back or
Emmings: t^,ell, I don't have any problem I guess
guess maybe we can put the comments of the people
record but I don't know. Do you want to look at
passing that one on but I
that are here on thethat one?
Farmakes: I read the request. I Lhought it
Lo our other concer ns.
was just fine. I! conformed
Batzli: My comments h,ere technical on the conditions Lhat we put on Lhere
more than anything eIse.
Emmings: Okay, right nobr they're talking about the Ches Har Farms proposal
and they're talking about the fact Lhat if we don't hear it, Lhe fact thatil might not be heard tonigh! may mean that it's pushed a month or evenfurther and that's not good for the developers is r.rhat b,e're hearing. I'IItell you what. Ches Mar, f have so many quesLions on thal proposal 'and
maybe ue'lI have in the informal part of this meeting, after this is over
when we discuss it, maybe I can discuss my concerns with him too. Maybe we
want to have a meeting on that and a meeting on the bluff ordinance orwhatever. Or whoever's here on anylhing but I'm not willing to pass that
along withouL the Planning Commission looking at it because there's a trhole
bunch of things going on there Lhat, you know there's a ]ong history on
Ches Mar- I uas here when He took acLion on that in 1945 and urhen we split
off the property for the GrosB' more recenlly and there Nere things done
then that I don't see in the packet which really bothers me. tle put
conditions on that property at the time the cross property was split off
and I don't see that discussed in the packet. So there's hisLory that's,for example aII of the res! of that property had one buildins eligibility
imposed on it at that time. It said that's all there would be and I don'tthink we're stepping on the toes of what we did before but I'm not sure and
I didn't see it discussed in here so there's a whole bunch of things likelhat that bother me abouL that one. So I'm not willins to pass that along
Nithout us taking a hard look at it.
Planning
June 19,
Commiss i. on Heet i ng
t991, - Page 3
Emmings: okay, so maybe we can do thaL one, okay. Now let me
this PauI. As a technical matter, can we have a public hearing
quorum here? Can I open the public.hearing? Get the comments
people who came on the record?
ask you
withouL 3
from the
Krauss: I honestly don't know Lhe ansu,er to that. I would think Lhat you
could but I can't be cerLain.
Emmings: Is the applicant here on the recreational. beachlot? tJould you
like us to do that? Here's the risk. If we do it and then we've done
something wrong, we may have to do it again.
Joan Skallmanr L^le'II have
this done before JuIy 4th.
to take that chance because we're trying Lo geL
Emmi ngs: O kay .
publ ic hear i n9
[^Je 'r e
on our
gorng
firsL
to do that one then,
item here tonight.
I'm going to open the
PubI ic Present:
Nam Addr e S
Nancy Nelson
Jan Feuer stei n
BilIie Wi ndschitl
Joan S kal Iman
Richard tJi ng
3891
3880
5591
6590
3441
Linden CircIe
Linden Circle
Joshua CircIe
Joshua Circle
Shore Dr ive
Sharmin Al-Jaff presented the staff report on this item.
Emmings: Have the applicanLs had a chance Lo review the
have been imposed by the City? Okay. Is there anything
address on this item?
condiLionsyou'd li ke
that
Lo
Joan Ska] lman: Good evening. My name is Joan Skallman and I am currently
co-chairing the Presidency of the llinnewashLa Homeowners Association so I
am represerrting Lhe Association. I hras the Secretayy 2 years ago when this
aII began and I just felt it woul.d be beneficial to recap the concerns that
we have behind this. Number one being our health concern. [^,e have got
many smalL children. In fact,44 of them under the age of 10 and I stress
under the age of 10 because these are the -kids that are not allowed to
cross Hinnewashta Parkway to go back Lo treir homes Lo use their facilitieswithout a parent to help them get across the road- Hany children when theyget active down aL Lhe beach forget to teII mom and dad and therefore the
Iake becomes their alternatives. If you are a parent then you know thefrustrations of small children that does not give you a lot of advancewarning. Also, again the adults that may not use or leave the outlot to go
zuB-LJ C HEARING:
CONDITIONAL USE PERHIT FOR INSTALLATION OF A PORTABLE CHEMICAL TOILET ON AN
EXISTING RECREATIONAL BEACHLOT, LOCATED ON i,IINNEI.JASHTA PARKI.IAY ACROSS FROH
LINOEN CIRCLE. MINNEI.'ASHTA CREEK HOMEOI{NERS ASSOCIATION.
Planni ng
June 19,
Commission Meet i n9
1997 - Page 4
home and use their own faciLities. The only solution thaL we felt wouldhelp this is to have the chemical toileL.on the outlot itself. Our second
concern being safety. tJe have to cross Minnewashta Parkway to get to our
beach outlot and again home and although there is a 30 mph speed li.mit, not
many motorists abide by that. l.,e have had many close ca]Is by the
homeowners thaL have gone down to the beach and we have felt the best thingLo do was to mininrize the crossing on Minneh,ashta Par kr.lay and we felt byputting the chemical toilet on the beach outlot, that would minimizecrossing, BFI is who we have chosen to go with and Lhey have sen! or theyhave Faxed hou they will maintain iL. There urould be laLtice on threesides. You wiII not be able Lo see it from the road. He will take goodcare of it. Our lake is our pride and joy and we h,ant Lo keep iL Lhat wayso it won't be anything Lhat i.s an eyesore and we Nill take very good careof it and uJe are trying to get this to go through before JuIy 4th because
r.re wiII have many families down there that weekend. Thank you"
Emmi ngs: AIr ight .
address this?Is there any other members of the public who want to
Richard tJing: I'm Richard Wing, 3481 Shore Drive. I'm just aware thatthere uas one complaint that the lot is not in compliance with Lhe beachlotordinance. Tha+- question involved the overnight storage of boats andI believe there was a pontoon boaL on that ]ot at this time. I am assumingthat belongs to your associaLion. That pontoon and boat Iift uould be innon-compliance with the beachlot ordinance and prior to approving this Iwould Iike to see tha! issue clari.f ied by staff.
Emmi ngs: Okay. Canthe porrtoon boat?
someone from the homeourners association teII us about
Joan Skallman: It's not our association's. . .
Emmings: Are you aware tha! there's one out there? And
ouns it? Is it someone in your homeowner's association?
them aware that that doesn't fiL within your conditionalsomething that 's al Iowed?
you don't know who
Have you made
use permit as
Joan Skallman: I don'L know...
Emmings: Okay. Is there anybody else that wants Lo address this iLem?
Batzli moved, Ellson seconded to close the public
favcr and the motion carried- The public hearing
Farmakes: This issue about the non-compliance
enforceable by the City or is there a separateitself?
on the boat. Is that
issue that governs the Iake
hearing. AII
was closed -
voted in
Krauss: No, it is a valid concern. It is enforceable by the City.It jusL takes me a little bit by surprise. Councilman t^ling has toldabout several of these things and we're trying to follow up on them.don't know that this was one that we were abrare of previously.
US
I
PI a nni ng
June 19,
Commission Meet i ng
7991 - Page 5
Farmakes: Is Lhis a long term problem? Hasquite some time? Or is it moored on the-dock
boat been parked there foris i! moored on a float?Lhe
or
Joan Skallman:
Farma kes : rln
Emmings: I
comply with
It ,S
a lift
think
their
on a lift.
itself? Okay.
we could just add a condition...a condition that thev
conditional use permit.
Farmakes: okay, tjelI I have no Problem with the actual facilitv
None at all. You've done a good job- Of working that ouL. It
incorporates aI1 the concerns that we had uhen h,e worked out lhe
amendment to the ordinance. Those are my comments.
itself.
original
Batzli: PauI? or Sharmin or who did this one? I was just curious as to
the conCitions that ue chose to Put in here. f! seems to me that these
conditions are in the orilinance. For example the first one and the second
one- Is there a rationale for why we chose certain conditions to be here?
Is this just to emphasize to the apPlicant?
AI-Jaff: To nrake them aware Lhat they have Lo come back next year.
Batzli: But we didn't include things having Lo do with olher things in the
ordinance like screening or any of those other tyPes of things. I guess I
bJas just curious as to lhe rationale of why we chose these Particular two
iter,r out of the ordinance.
Krauss: t.lell Lhe iicensing, the annual. Iicensing is a new item that came
in wiLh lhis ordinance and when we send somebody a confirmation Ietter ' the
only conditions that are in the confirmation Ietter are those that are
specifically called out and it uras iust a matter of re-emphasis. one of
the conditions, the Lhird condition requires comPliance with aII past and
current approvals anylJay so it gets back to the ordinance but we're iust
lrying to put Lhem on notice.
Batzli: It would seem almost better to send them a coPy of the ordinance.
Anyuay, I Nas curious as to why we chose those tuo. It seems to me, weII
here's the rrext quesLion. As Part of the apPlication Process, if they
wanLed to move the portable Loilet from one Iocation on their sPot to
another, could they do that iust under 'the annual Process or would thev
have to come back to us?
Krauss: l don'l knoN. tJe haven't been Posed with that issue. I guess we
would have to evaluate if it's still consistent uith the understanding of
the approval of lhe CUP. On this lot I would dare say there is no other
Iocation that would be acceptable without bringing it back Lo you- If this
lot Here 3oo feet wide, there may be severai. oPlions lhat would allow
movement consistenl with your aPProval. I don't think that exists here.
Balzli: I guess I would have chosen to Put in here that they would locate
iL as specified in Lhe drawing thaL they provided. t^le really don't have a
Plarrning
June 19,
Commission Meet i ng
1997 - Page 6
plan starrp€d such and such but do it in accordance with
And ]ast and maybe least. I don't remember. trhat's thethe porlable toilet from the ordi.nary high water mark?
their appl icat ion .
fooLage we require
Al-Jaff: 75 feet.
Batzli: Okay. So if the ]ake came up a lot, that would be part of theannual renewal process I suppose, If they were unable to physically locaLethe portable somewhere in the lot, I don,t even know if that's possible onthis par t icular one.
Krauss: Minnewashta doesn't do that.
Batzli: Uell, if we get a
hypothetica I ly on any lot,of 13 inches. f guess I'm thinking of evenhappens in that kind of situation?
rain
what
Krauss: NormalIy you'd measure from the ordinary high r^later which issuppose to Lake into account the fluctuations. Minnewashta doesn,tflucLuate as much as aII our oLher lakes do. rt's pretty uerr a fixedelevation that we've seen.
Batzli: If there's flooding for one reason orpermit bec,ause of a safety and health hazard.I'm no! talking about these particuLar...
another, we
That 's what
revoke agetting at.
can
I'M
Krauss: If ure have an extraordinarily wet year andspringtime for rener,lal and the thing's under water,
u,e go out there in thesure.
Batzl i : Okay. That's all I had.
Emmings: AIrisht, Annette.
E]lson: I apologize for getting my days mixed up to everybody who camehere as aell. It's not very good of me but moving right along. I think it)ooks just like what we wanted to put together and just the type ofapplication we're trving Lo do- Ue made the ordinance in the first placebut l don't believe we shourd reward a beachlot that's not meeting theiroriginal conditions u,ith the chemicar toilet if that boat's out there andthey're not allowed to have a boat or a dock or a lift or anything so Ithink it should be tied together with getting that out of there.
Krauss: Nou.r that we've been made aware of it. First of aII Lhe Citycouncil doesn't address this item until July 8th so that's the earliesLthis could be and we woufd not allow Lhat to be erected or a permit to beissued for that until the Lot's in compliance
Emmi ngs: Anything else?
Ellson: No. r just don'! krrow how you can stick it in there to make surethat it gets done.
Krauss: Add a specific condition.
Planning
June 19,
Cornmission Meet i ngt99t - Page 7
The portable chemical toilet shall only be Permitted from Memor'ial Day
to La8or Day and shall be removed from the beachlot during the rest of
the year.
The beachlot shall be mainlained in good conditiona in a manner
consistent with previous aPProvals and current ordinance requirements -
Emmings: Yrahr . I thirrk we should add a specific condition that says that
it wiII be r-e--oived before it goes to ihe city council on JuIv 8th and that
boat and lift will L,e gone. I Live on Lake Minne*ashLa and I think they do
a nice job at their beachlot Laking care of it. Lots of Limes we're
ye]ling at people up he:-e Lrut I thjnk you're Lo be cornmended for the way
you keen your Iot. IL's very heavily used by the neighborhood there and I
think the>"ve done a nice job of putting a plan logether. I harre no
reserr.raLions in supportins the aPplication- UnIess there's any other
cornnrents, is there a moLion?
Batzli: I move the Planning Commission recommend aPproval of Conditional
Use Permit fl91-5 in accordance urith Lhe 3 conditions set forth in the sLaff,i-eport ancl a fourth condition that indicates that portable chemical toilet
shaII b,r, l.rcated in accordance with the application received bv the citv on
5 - 20-91 .
E ] I son: Do you har-,e t hat olher one?
Emmings: Do you think it's good enough?
Patzli: I thought condition 3 alreadv covered that. Do vou not feet that
way A n nette?
Ellson: r don't knou the ruling. That's why I said...
Emr,j ngs: You've made your motion -
tttaor.: I ll Secono rt.
Emnrirrgs: I think it's fine because we've made it clear l Lhink Nhat we
mean by it. 9o I think it's okay.
ElIson: Alright.
Emmings; fs there any other discussion?
Batzli moved, EIlson seconded that the Planning Commission recommend
approval of Conditional Use Permit S91-5 to allow a portable chemical
toilet on Hinneuashta Creek Homeowners Association Recreation Beachlot
(Outlot B) with the followins conditions:
1. The applicant applies for a ]icense from the city on an annual basis
prior to installation of the portable chemical toilet.
3
PIanninE
June 19,
Commission Heeti ngt99f - Page 8
The portable chemical toilet shall be located in accordance with theapplication received by the City on 5-20-91 -
AII voted in favor and the motion carried unanimously -
PUBLIC HEARING:
CONDITIONAL USE PERHIT AI,IENDMENT TO ALLOI^' A 5TH BEDROO},1 IN A SEPARATE
4
STRUC T URE TO THE BLUFF CRE K BED AND BREAKFA ST SITE LOCATED ON PROPERTY
ZONED A2 AND LOCATED ON BLUF F CREEK DRIVE APP OXI},IATELY 1/4 NTLE NORTH OF
HWY - 272.NN KARELS.
Jo Ann Olsen presented the staffpublic hear i ng to order.
report. Chairman Emmings called the
Emmi ngs: Is the applicantalready been said or maketime to do it.
here? Do you uish to add anything !oany kind of a presentation? Now would
what 'sbe the
Ann Karels: No. I think
happy to answer them -
Emmi ngs: Thank you. Arehant to be heard on this?
hear i n9?
it's fine. ff you have any questions I'd be
there any other rnembers ofIf not, is.there a motion
the public here whoto close the public
El Ison moved ,favor and the
BatzI i
motion
seconded to close the public
carr ied. The public hearing
hearing. AII voted in
was closed -
Emmi ngs: AnneLte?
Emmi ngs : Al r ight . Br ian?
Ellson: I like iL. I think lhat the changes shea condiLional use, we wouldn't be able to prevent
and trying to slip in under something eLse so I,m
made, the fact that it's
somebody from coming in
al I for it.
condition. I may be slightly confusedBasicaIIy we're saying that this approvaLin and doing this right?
is contingent, not theue're binding ourselves toapproval is conlingent onof that sentence and eventhis condition shall no!
Batzli: In regard to thehere. tlon't be the firstis contingent on the City
first
time.
comi ng
Olsen: Right .
Batzli: I would prefer then to word it that thisCity shall process. I mean it almost seems Iikedo this and I guess if we word it such that thisthe City Processing and approving, then t i-"e rest
maybe another senLence lhaL says something aboutbind the CiLy passing such an ordinance.
Olsen: Oh okay.
Planning
June 19,
Commission Heet in9
1991 - Page 9
Batzli: Because I don't know that the City Council will go for i!. I mean
it would sail through but I didn't want it to look
olsen: Okay, approving the definiLion change?
BatzI i : Yeah.
Ol.sen: Okay.
Batzli: In this particular insLance
Lhrough it enough in a generic sense
we're going to change the ordinance.
I Iike it. I haven't thousht
urhether I Iike the way thaL
I guess
to know
Farmakes: I thousht it h,as a low imPact solution
thought it, in spirit anyway, it's conforming to
vote to approve it.
to
the
the problem. I
or di. na nce so I wouLd
Emmings; okay- I basically agree with other comments tha! have been made
up here. I think it might be a good idea when you bri.ng us a zoning
ordinance amendment !o talk about lhe fact that except in rare
circumstances we'd expect aII of the units to be in the princiPle dwelling.
Leave us a way to fudge on lhat in particular circumstances but let
everybody knou,, that's what we expect.
Farmakes: And I think that probably would be useful because a
these houses are probably goins to be old tyPe houses tha! vou
Iock at creative Hays to use them without destroying Lhem.
majority of
can pr obab 1y
Emmings: AIrishL, is there a motion?
E]Ison; I'1] move the Planning Commission recommend aPProva] of an
amendment to conditional Use Permit #85-4 allowing a fifth rental unit for
the B]uff Creek Bed and Breakfas! establishment Lo be located over the
carriase house garage with Lhe conditions Iisted in the staff's report.
Emmings: Is there a second? I'II second it- Is there any discussion?
Batzli: I would ask that she amends her motion to read, Lhis approva). is
contingent on the city processing and approving. First sentence and then a
second sentence in the first condition whi.ch reads, this condiLion shall
not bind. the City to approving such an amendment.
Emmings: You meant Lo include that in your motion didn't you AnneLte?
Ellson: Yes. I'd like to amend my motion to include what Brian said.
Emmings: Just like you forgot the meeting tonight,f rneant to include that in my second. So hrith thaL
discuss.ion? You'r'e going Lo take a beating.
you forgot that. Andchange. Any ot her
Ellson: I'lI never hear the end of this wilI I?
Planning
June 19,
Commission Meet i ng
1991 - Page 10
ElIson moved, Emmings seconded that the Planning Commission recommendapproval of an amendment to Conditional Use Permit *85-4 allouins a fifthrentaL unit for the Bluff Creek Bed and Breakfast establishment to belocated over the r arriage house garage with the folLowing conditions:
This approval is contingent on the City processing and approving azoning ordinance amendment changing the definition of a bed andbreakfast esLabl ishment f rorn an owner occupj.ed principat dwelling toown€l occupied establishment. This condition shall not bind the Cityto approving such an amendment.
The bed and breakfasL establishment shal^I not contain more than fiverental units.
The structure shal I
r equi r ement s ,
rieet a.].1 Uniform Building and Fire Code
The structure shal lof HeaIth.
nreet all requirements of lhe Minnesota Department
1
an
a
3
4
Two
must
off street parking spaces plus one additional. space per rental roombe provided.
6
7
There should be no more than one employee in addition to the residents.
be owner occupied.
than 7 consecutive days to the
The bed and br ea kfast
shall not
establishment
be rented for
n'tu s t
morea. A u ni t./r oom
same person.
AII voted in favor and the motion carried unanimously-
Public Present:
Namr AcJclr ess
Craig Swagser t
t^la I ter & HeIba HhitehillGeri Ei kaas
Ginger Gross
Stone Arch Road , tlayzaLa
Hazeltine Blvd.
Ches Mar Farm Road
Ches Mar Farm Road
2aoo
7250
27 63
27 03
PUBLIC HEARING:
CHES },lAR TRAILS . PROPERTY ZONED PUD-R AND RR , LOCATED ON HI.IY . 41 .
APPROXII'IATELY 1./4 MILE NORTH OF I.JHY 5. CRAIG SI,,IAGGERT:
A. PUD AHENDHENT TO AMEND THE CHES HAR FARH PUD TO CREATE 4 SINGLE FAMTLY
LOTS AND ONE OUTLOT .B. COMPREHENSIVE PLAN AMENDI'1ENT TO AHEND FROI,! I.IEDIUM RESIDENTTAL TO
RESIDENTIAL LOI^I DENSITY.C. CONDITIONAL USE PERHIT TO CREATE A RECREATIONAL BEACHLOT-
D . I.IETLAND ALTERAT ION PERI,IIT TO TNSTALL A BOARDI.IALK THROUGH A CLASS A
1^'ETLANDS.
Planning
June 19,
Commission Heet i ns
7997 - Page 11
Jo Ann Cl:;,n presented the staff report. Chairman Emmings called the
pub.L i c hear i ns to or del
Emmings: This js a pub)i.c hearing, t^,le usually give the
shot at the floor.
Craig Euaggert: I don't have much to add to what,
Emmings: uould you just state your name.
Craig Swaggert r Oh, I 'm sorry, I 'm Craig Swagger!. The
applicant the ne>:!
applicant. I
don't have nnuch to add to Jo Ann's presentation except that I would Iike to
clarify one thing. I'm not a developer. I plan !o live on this piece of
property and my object was to enhance aII the properLies in Lhe area rather
.than .increase density. By reducing the density from 7 units to 4 unils I
feeL likc I'ni accomplishing that. If there's any questions Lhat vou have,
I 'd b., e sl:d tc a:isue ; lherr.
Emmings: There rray be some as we look at this up here. You've reviewed
the ccnjiLion tha! they're attached to their recorimended aPProva]?
Craig Swaggcrt: Yes I have.
Emiiiing;: Are thcre any of those that you might want...or are they
accep*;aL,le to you?
C:raig €,rr.s.!:cj.+-: They're acceptable to nre. I didn'! knoH about the 20 foot
r,,rida Lrail arrd f don'L know if that would be in Lhe form of an easement or.
Olsen: \'es .
Cra;g Shraggert: It would be? And what would the use be? Did you say Hhat
the use wouIC be?
olsen: It's planned for Lhe Yeay ?ooo-2o1o and he couldn't teII me exactly
if it's 9oin9 to be paved. If it's just soing to be a moued path but the
use is to pedestrian for access up to the park above you.
Emmings: tle're trying to Iink a Iot of the major park areas and so forth
in town and I Lhink the one thaL goes along there links that park hoPeful]y
down to the Arboretum. And it may be a bike path. It may be a hiking path
but we're not talking about snowmobiles and alL terrain vehicle's.
craig Suraggert: That would be my only concern. I'd Iike a litLle more
information about Lhat. Thank you.
Emmirrgs: Are there other members of the public that want to address this?
Geri Eikaas: I'm Geri Eikaas and I live aL 27 63 Ches Har Farm Road which
means I Iive in the duplex next to the property. I've met u,iLh Mr.
Swaggert and f 've gone through the pLan- I'II have to say i!'s the fisrtplan I've seen ulhere I feel the proposer is really sincerely interested in
Plannin!
June 19,
Comrnission MeeLi ng
7991 - Pase 12
preserving Ches Mar Farm and it's very.nice to see finally. And if you
Iook at uhai he's proposing, it's definitely noL a get rich quick scheme.He's going to make every thing that he's doing better and they,ve alreadystarted to do thaL. So anyuay, I'd like to encourage your approval but Ido have information on the roadway that we're talking about. The _hlay i!'sset up, the actual lease or ownership or whaLever you caII it of the
roadway goes with my mortgage and with my ownership of the last piece ofIand on the road. And on that it says, no .Lot owner may eraive or otherwiseescape liability for his proportionate share by non-use of the roadway or
abandonment of such owner's lot. This is the only one f have so you can
make a copy.
Olsen: Okay. t^las that an agreement?
Geri Eikaas: tJel I this is what I got
called Declaration of Roadr^ray. Thank
when I bought the property and it's
you .
Emmings: I'm assuming that whatever we do that affects Lot 4 where theroad we're talking about runs through for her to get to her house from IH47. The mere fact that we're fooling around with the zoning doesn,t changeany underlying agreements between the property owners. I'm operaLing onthat assumption.
Olsen: ft was nry understanding thatfrontage road. We can add something
that easement sti]I applies on theto it but it's already in the title.
Emmings: Yeah, I think lhat's right.
Emmings: Okay. Is there anybody else where who wants to address this?
BatzIi; They can always negotiate between each other.
Emmings: Jt souncls to me like that's the subject of easementsprivate agreements between the parties and it isn't something.
something we're i nterested to be sure that there are agreementstake care of it but it isn't something that h,e deal wiLh.
Ualter tlhitehill: f am t,lalter HhitehiII and f oHn Lhe property just southof this proposal. Between Tanadoona and the park and Ches Maf, they,ve got
me ringed in there. I still didn't understand, again because I'm hard ofhearing. Uhat about the roadway on the north side of Lot 4? Is it goingto be the responsibility of the applicant to maintain that or not?
andrt'in
other
splace to
tJalter tlhitehill: Okay. The second question is, the applicant is a singleperson here. Hr. Swaggert and he's not the only ourner. I wonder r^rhy he isthe applicant. He doesn't control Lot 4 and without having control of Lot4, how can the application be granted to just him?
Emmings: Do you have a purchase agreement on all of the property Lhatwe're Iooking at tonight? Or an option?
Planni ng
June 19 ,
Commission Meet i ng
7991 - Page 13
lJa I ter ithirc.hil]:
exercise or pass.
t^le]l a purchase agreement. Oplions, you know you can
Emmings: Yeah but they may be contingent on our approval which is corTrmon.
Craig SHaggert: It is contingent on your approval and this application Has
entered into with Gary Kirt who is the principal who owns it. So Gary l(irt
is a co-applicant.
l.JaIter l^lhiLehill: okay, then I think this should be amended. And the
application to grant the turo people. In fact, there's another owner or tuio
involved is there not? You Here mentioning a couple other narnes I'd never
heard cf tlre oLher day.
ol sen: clf ar!^lner s?
Craig Sr,raggert: You mean Gary Kirt?
olsen: The only people 1 mentioned invoLved in this L'Jas Gary Kirt and
Craig- I might- have ment-ioned Brad Johnson from Lhe past?
Lla]ter uhitehill : And then there was some .l.ady's name and I have no idea
who she tras?
Olsen: c';inger Gross who I it,es adjacenL to i!?
Emrning:: Let me butt in. t^lho signed the application here?
olsen: The person tha! signed the appl.ication Nas Craig Swaggert.
Emmings: Alrisht-. Mr. Swaggert do you have, what kind of an interest doyou have in the Ches Mar properLy? t^lhat's mar ked up there as 3 and 4?
Craig gwaggert: I own 3- I own 2 and l and I have an option on 4. I
bel.ieve Jo Ann, Gary Kirt did sign Lhe application.
olsen: Actually I couldn't read the signature.
Craig Sr,raggert: That's Gary Kir!'s.
BatzIi: There's tr.ro signatures.
tJalt6r tlhitehill: okay, so tre have a joint applicant?
Cra ig Si,laggert: Correc!
tlalter tlhitehill: Ne do have a joint applicant then rather than jusL a
single appl icanL?
Emmi ngs: Apparerrtly so.
NaLter t^Jhitehill: Okay. And Gary oHns 4?
Planning
June 19,
Commission Meet i ng
7997 - Page 14
tlalter tJhitehill: Okay. The next question and f guess most of these urillbe directed to you Gary. I haven't had a chance to, f mean Swaggert. Itsays acceptable septic sites. t^lhat do we have in the way of rules that saya septic sit.e is acceptable?
Emmings: I don't want to get
me and I'II try to direct you
Nalter tihitehi 11 : Okay, I'II
acceplable septic si te?
Craig Swaggert: Yes he does.
Emmi ngs: I hope noL.
a conversation going Lhis way so you lalk toto Lhe person who knows.
talk to you then, SLeve, urhat is an
Emmings: f have no idea, No, I don,t know the exact specifics but I cantell you this because I was here when ure put these rules in. Ue requirethem to designate two septic sites and Lhey do all their tests on thosesites and submit aII the data to the City and it must be done by alicensed, a person who's Iicensed to do these lhings. Someone who,sindependenL. l^Je get that information and two septic sites are preserved oneach site and t.he one that isn't used has to be roped off duringconstruction so there's no, so that it's not ruined as a septic site andthe reason it's done is so Lhat if the one septic site fails, Ne've got analternative. tle also have very stric! rules on how often these things haveto be pumped out now. They have to be pumped every 3 years. tJe,ve reallytoughened up our ordinance on this because He were having problems withsysterns failing so we had consuLtants come in from the University ofMinnesota r.rho told us hou to properly maintain septic sites and I thinkr,Je've g()t an outstanding ordinance on this. If it,s fo]loued and if it,senforced, it ought to work.
tJalter Nhitehill.: Okay. So according to your best information and advicefrcn this consult-ant, the site wiII be in such a uay and a manner that itwon't come down c'n nry property? The effluent from that septic?
tjalter t",hitehiIl r That's been my concern over the tehole thing. !.lhen thefirst time they applied to build a number of houses up there.
Emmings: Yes. The answer is yes because the information we had from theUniversity of Minnesota, the people who came here and talked to us told usthat, they rea]ly turned our heads around. Good septic systems areoutstandi ng and they say here's good ones and here's bad ones. So .,,,e putin a set of ruLes that Ne think will make any septic sites that are put inin our city from the date that uent into affect on, very sood ones.
tJalter UhitehilI: That's good because thar's my main concern. There is aproposal that there's going to be a culvert under this new road. Is thatgoing to increase the amount of water that comes down in that existingditch area in any manner because I'm wet enough already?
Planriing
June 19,
Conmission MeeLi ng
7997 - Page 15
Enrmings: No, I think lhe culvert is to keeP the ditch oPen to preserve the
same drainage that exists there nou because he's putLing a road down. fhe
culvert's gc,ing to go underneath the road so I can't imagine how it's going
to increase anything. It's just preserving the drainage as is.
tlalLer tJhitehil]: Okay. Then alL conditions that have
here, that the Planning Commission has recommended, are
undersland it?
been stated in
being accepted as I
Emmings: Okay, ]et me clear that up. He doesn't have any Problems with
the one3 that are writLen in here. You haven't heard us talk about them
yet. The staff has h,ritten these recommendations for our consi.deration and
I don'L know urhat other PeoPIe plan to do but there are several that I'm
interesting in ]ooking at. But so, whether we'l] agree with all of them in
the form they come out of the Planning Commission I don't know. But he's
at least agreed Lhat as far as the conditions that exist in the staff
report are, he's agreed with those.
tJalter tJhitehi1I: Okay. Then I've go! no Problem. I think it's a great
idea. Thank you,
Emmings: Okay. Thank you very much. Is lhere anyboCy else who wants to
address Lhis? Ginger?
Ginger Gross: Ginger Gross, I live aL 2703 ches Mar Farm Road. I agree
urith Geri Eikaas where we're really very Plea'sed wilh the proposal that is
before you and thoush I don't have all of the information having talked
trith Jo Ann. tJe feel that the inLegr ity of the Property utill be Preserved
ancl this really exceeds our expectations. fL sounds as though ue will have
people we can work with and will enjoy hav: ng Lhere. one question that I
r.rould like clarified is last time this issue came before you, of course iL
t:as a lengihy issue and very detailed. At that time our first suggestion
was that there be a private road accessing the 21 acres. Llhy is that
availshle noa and Has not at thaE time? Has there been a change?
olsen: Righ!. The ordinance has
on a pr ivate drive.
since oeen amended to allow up to 4lots
Ginger Gross:
how many. Do
c ha nged?
4 ]ots onyou happen
a private dr i ve?
to knou when Lhat
That r^ras my second
was amended? t^lhen
quest i on uras
that was
OIsen: Last year.
Okay.Ginger Gr oss i
you knout?
tJhat's the reasonins behind that? tJhy the change, do
O]sen: t,ie had had, before it was always felt that you had to have thepublic street Lo stiII preserve the safety access and tehat hapPened lasL
year uhen Pau] came to lhe City, in Minnetonka they had allowed Privatedrives up to 4 lots. But t{hat r^re did was have sPecifics on the design and
the construction of that private drive so nou,, we feel comfortable that urhat
Planning
June 19,
Commission Meet i n9
1997 - Page 16
js being provide'd still will provide safe access. It stiLl has to bepaved. It has to be e certain width and-so it's kind of Iike a smal.l road"
Ginger Gross: Oka,. Thank you. nnother question. Do I get my right-of-uay back? Now my road is, f now have uhat was a private road with 35 footof access on rny property for Lhe City. No!,r do I get that back?
Emmings: Is thaL an easemenl in favor of the City?
Olsen: Correct. On her north property Iine.
Emmings; Could she ask the City to vacate it?
Olsen: Ye.rh, that's sonrething that we could look at.
Ginger Gross: ThaL could be done?
Emrni ngs: It pculd be a beparaLe issue. you'd have !o come and talk to thePlannin3 staff about- vacating the easement that we took at that time. Haybeit's not rree,ded an),more . I don't know. lnle wouldn,t be prepared to Look atthat uri.th this.
Ginger Gross: Alright, lhank you. BuL I can address the City on that?
Emming:: Ye3h. I think Lhat's someLhing that the City Council would lookat directly. Not Lls.
Olsen: You con't see iL.
C-;irrger C-rrossi tihc, do I contact then, Jo Ann?
Emmings: Jo Ann.
Ginger Ciross: Okay, Jo Ann. Thank you very much.
Emmingsr You geL. Is there anybody else? Hr. Swagsert?
Craig SuJaggertr Mr. Chairman, I'd just Iike to request one other thing.In Horking with the architecLs, I would Like to request the ability to movethe southerly line of Lot 3 along with this request here because of thesitirrg of our proposed house is getting very close to the lot Iine. So canf request that at lhis time?
Emmings: tJell teII me, what is it that you're proposing to do?
Craig guJaggert: To move, on Lot 3?
Emrn i ngs: Yeah .
Craig Swagg,ert: To move lhe southerly line to the south a ]ittte further.
Emmings: How far ?
Planning
June 19,
Commission Meet i ng
79et - Page 17
Craig S,,.,aggert: No more than probably 30 or 40 feet. Just to accommodate
a better site for the hou6e
Emmings: 9o let rne just check. That wouLd be something, he's only
increasing the size of the lot and that tlould be something he could put.
already needs to do another site plan for the septic and that could be
so:nethin.g he could include on there. tje could talk abouL it tonight buL
that's no problenr with you in doing that tonight is it?
craig Swaggert: Okay, thank you.
He
10
Emmings: If you're the guy who's resPonsible .for burning down the house
that r.ras out Lhere, you're already, I'm already a friend of yours. f
looked across the lake at that thing and the fire was sPeclacular. I
enjoyed it and the site, the view is a heII of a lot better. Okav, anvbodv
else r.rant to talk about this? If not, is there a motion to close the
public lrear ing?
BatzIi moved, El lson
favor and the mot ion
Farma kes: t^louId Lhat
feet extendi ng beyond
boa!s?
Farme kes :
that much?
be proportionately correct?
the r^retland- fs that where
It. shows about maybe
they propose stor i ng 3
seconded to close the public hearing. All voted in
carried- The public hearing was closed.
olsen; It's through a wetland.
olsen: No, I don't knor^r if that's actually Portraying where the dock and
the water is going to be. t^lhat we asked for him to Portray here, it shows
the shoreLine and that's the ordinary hish water mark but actuallv the rest
is cattai Is and uretlands.
But as I undersland iL, Minnewashta does not tradilional).y vary
it does.
ordinary high uater mar k is esLabI ished .
the elevaLion of the ordinary high
Emmi ngs: l,Jel l
olsen: But the
Emmings: And what is that? tlhat's
water mark for Lake Hinnewashta?
olsen: lt's 944 .75 "
Ernm i ngs : No .
Farmakes: I tried to access this proPerty. I found iL difficult to
accese. Four r,rheel drive. Boat. I wish, I would keep questions Hith
resard to the pronosed beachlot. The dock, it talks about overnight
stcrage for 3 boats and on the schematic here it kind of shows, it actually
shows two shorelines. I'm assurring some of tha! is wetlands. Edge of
wetlands. It shor.rs about 9OZ of the actual ProPosed Permanent dock.
Planning
Junc 1.9 ,
Conirnission Meet i n9
1991 - Pase 18
Emmings: That's the water elevation on May 24, f99l and the lake is ashigh cr higher , rea I high r ight nor.r .
OIsen: The u:ater elevation.
Emrni ngs: Sure.
Olsen: Yes -
Olsen: Risht. ActuaLly for Lake Minnetonka thereuaLer mark. t^lhat they do is use the outlet from upand it's 945. It's not showing up here,
i sn 'in
t an ordinary highthe northwest cor ner-
Craig Swaggert r Hr. Chairman, may I address you on that issue?
craig !,Haggert: The 1oo vear high from the corps of Engineers is whatever95 feet. It's 3 inches belour that right not^r. The 1OO year high. It,sabove the, what's the term you use? ordinary high and r do have that in myfile if you'd like to know that exact number.
Emmings: AIright. But u.re in looking at,primarily by the vegetation that's there.
evaluati ng these we go
that r ight?
tn
IS
Emmings: Et,en mc,re so than just the elevat j.ons.
Olsc.n: Yeah, like with Lotus Lake. Ue didn,t use the OHH because ourwet] an ris actuallv r'.''a v bevond that. rt just so happens tha! the, Nellwhsl yotr're showing as Lhe shorerine, r ulas assuming that that r,Jas the oHi{.Eut ma)'b!- I assumed urrong. But anyway, the wetrand, r^le had them aclualIysLake out- the edge of the wetland and that is shown.
Farn',akes: But that's the inner circle? That's t_he beginning of theweLland?
O]sen: The r.retlancJ goes all the way out and then Lo the open Hater.
Farmakes: okay, so basicarly that's just shouing the walkway over the
wet I a nds?
Olsen: Yes. That's where the boardwalk uriLl be. It will be a perrnanent
boardr,ra 1 k .
Farmakes: rt's not channeled or anything. That's solid wetland and these3 boats t.hen r,rould go on some extension outside of Lhat that isproportionately correct then?
olsen: Lrsiual ly what it is is a temporary dock that's out into the actual
wa t.er -
Farrnakes: bkay. That brings me to my second questi.on. ft really isn,tdescr ibed as a temporary dock. It,s described in here as a permanenL dock.so rn)' question would be where thev wculd sLore that? rt's sort of naturar.
Planning
-'T u rre 19 ,
Commission MeeL i n9
1991 - Page 79
olsen: tJhat is being shown here as the permanent dock is the Permanent
dock becaus,: that's going through the cattails and the u,etland and thaL
permarient. That's puL in once and that stays Lhere. Llhere the storage
the other dock, I don't know. I know you're going through oNR to get.
is
of
Farmakes: Having taken out a dock every year,I'm kind of Lrying to figure
out how you're going to get that uP and out and b,here you're going to PUt
it. And also, why 3 boats? Is there something in the ordinance that
covers tlre 3 boats issue?
olsen: That's the Iimit.
Far ma kes :
Emmi ngs :
Far ma kes :
Emm i ngs :
Far ma kes
Because there potential Iy
That's in the recreational
Yeah, but it doesn't stoP
For aski ng
Askins for
TOr a
could be more requests than 3.
beachlot ordi nance.
them fYom asking for that right?
additional doc kage .
Emmings: Yes it does - They can have, with one beachlot you can have one
dock with 3 boats if you meet al] the requirements of the beachlot.
otherwise you can,L have it. And then you need an additional shoreline to
have another dock and more boats.
olsen: And additional square fooLage.
Farmakes: There's another item in
Can you describe to me what that's
listed as deposed HO pad.
be?
here that's
supposed to
olsen: on Lot 1?
Farmakes: Yes. It's on Lhe end of Lot 1
Ol.sen: That's trying to show
approximately be that's bei ng
olsen: No. No, no. They still have to get
still have Lo provide the septic systems and
no, but I think that's the only Place vou're
beauLiful up there.
you where the Iocation of lhe house would
creaLed for Gary Kirt to construct his home.
approval for the Plat. TheY
shor.r the sites out there. So
going to build the house. It's
Farmakes: Okay. Is that in the Process of being built?
Farmakes: These easements lhat are for this ProPosed trail that gdes
through there. It looks like a lot of road there or a IoL of. It's
talking about grades in regards to thaL and it looked like visually, from
as far as I could get in there in a suit anyway, it looked like there was
lot of rolling country Lhere. These grades, if this road is privately
maintained, are Lhese roads going to be accessible to emergency vehicles?
a
Planning
June 19,
Commission l'1eet i n9
1,997 - Page 20
Olsen: Well they have to be at least theordinance requires. ActuaIIy the private
lhaL they'I] be up to 1OZ and we usuallyaccessible. And again, I don't know if Iquestions was whether or not they'd still
72. Again, that's what thedrives ue don'L, they're showing
recommend around 72. 1O? is stillcaught your, was thal what your .
be accessible?
Farmakes: t^lell it's Ieft up to a private individual to maintain these or aprivate covenant agreement among themselves. If the City doesn,t findthose accepLable to access emergency vehicles to a recreaLional beachrot
r^rhen t hey need to . How do t hey?
Olsen: t"lell one of the problems that we have with the lot, as far as theprivate drive that goes, as long as it's servicing the two lots. Uhen it'sjust the individual IoLs then it realIy becomes just kind of an individualdrivewav. l^Je don't have specif ic regulations on that. tJe have considereddoing that where it t^rould have to be paved and it couldn't be over acertain slope. Currently we don,t have that but just looking at this, itlooks like it's going to still be, the most would be a 10? grade which isstill Iike r said accessible. rt still has to be maintaineS. you can,thave a snowdrift across it but you have that anywhere where there,ssomebodv urith their individual driveaavs. They have to maintain it,
Farmakes: Those are the extent of the questions that I had.
BatzI i : Jo
r ight nour?
Batzli: Okay.subdivision if
we're reallywiII?
Ann, can you explain for me again why Lot 2 has to be an outlotfs that because they haven't shown an appropriate septic siLe?
Olsen: Nell also because, with the Ginger Gross subd.ivision that piece ofproperty Which is now being split into the Lot l and Lot 2, there was acondition against that thev'd onlv have one buirding eligibility. That'sone thing that holds it. Then aLso, that's the primary purpose. And thenjust becauase there was no intent Lo deverop it r.le said eiLher combine itor do it as a, combine it into Lot 3 or as an outlot.
So
You
going back Lo the approvals on Lhe other
Olsen: Yeah. So we do not want it be
Batzli: Okay. And ifthat it was buildable?
ure did make it
Olsen: Yes. Yeah, we would havebuilding permit on there.
as a buildable lot.
now, would that imply
mai nta i ned
a Iot r ight
no way Lo prevent somebody from getting a
Batz I i : Okay. you
problem with thaL .
OIsen: To combi ne
out.loL.
had indicaLed earlier that the applicant might have aSomething about a mortgage. That,s not a problem?
the Lwo into one lot. No, he agrees with it being an
Planning
June 19,
Commission Meet i ng
7991 - F'age 2!
Batz]i: outlot's okay? okay. In condition 3, h,e indicaLed Lhat the
apartment units must be vacated Prior to final plat aPproval. Is this
whole thing really sort of contingent on that unit also being demolished?
Olsen: Uell I think that he's stilL looking at renovating that into a
duplex or a single family- I don't knouu that it's necessaril.y going to be
demol i shed .
Batzli: N
can move t
y rse6
h
h
it key that it's vacated? So then once Ne apProve it he
back in? t^lhat's the Point?
olsen: I guess maybe that's not, our intent was to make sure that it does
become either a single family or duplex and that the 5 unit aPartment, that
they are vacated. That the leases are cancelled. That it cannot continue
Lo be used as a 6 unit building.
BaLzli: Do uie have something in here? Okav, so wilh 3 combined with
number 7, you feel comfortable that t^:hat I iust suggested can't occur?
other urords, it has to be downgraded. The density has to be downgraded.
In
Krauss; t^le were just discussing that too. The possibility of financial
guarantees. l^le concluded that since it's a PUD, Craig's going to have to
enter into a PUD agreement which is contractual and yeah. t,e've got it
pretty wel l iron clad.
olsen: And there's a difficulty in do we make the PeoPIe move out now or
can it be, so we just finally decided that thev have Lo be' it no longer
can serve as a 5 uniL apartment building aL time of final PIat and at the
time we do record the nea PUD agreement. t^lhether or not this condition
actually, but iL is my underslanding that you are in the Process of
vacating the Ieases and urhatever term.
Craig Swaggert: I'd Iike to
units in there? Two PeoPle.
approva.], is that correct?
clar ify that
Tuo fami l ies
bit. tle can
there at the
stiII have two
time of platone
in
olsen; Yes.
craig Swaggert: Yes, we fully inLend to comPly with Lhat.
Batzli: okay. on condition number 5 Jo Ann. The driveway easement shalI
be provided. Do we normally not word it that they have to be recorded
against one another or is that part of the PUD contract or don't b,e
normaLLy require cross easements be recorded against the ProPerty or
somethi n9?
olsen: Right. They would be, it was the intent here to record it ag-ainst
each of the Iots but yeah, the cross easerients-
Batzli.: Okay. Then in number 7, we'II have an amendment bv the Chairman
evenLually I think. On Lhe wetland alLeration permit - Do bre normally
provide that the boardwal k would go in during Ninter or some olher time as
Planning
June 19,
Commission Meet i ng
7991 - Page 22
to minimize disruption of thg wetland or have we been Ietting them do thisat any old time of year lately?
Olsen: Yeah, actually they have to be, they cannot be installed during thet^rater foul breeding season is how it's termed,
Batzli: But ure've been letting Lhem do this during the summer?
Olsen: Yea h .
Emmingsr You can't do it in the winter.
Batzli: I thousht on a couple of them we made
we put a condition.
OIsen: l^lelI it's easier. I don't knor^r if it
BatzIi: tJeII I thought it was, we li.mited it
E.1 Ison i f remember Lhat' too.
Emmings; t^le did something but it wasn,t docksposts dourn.
them go in in the winter or
was in winter.
to some time I thought.
because you couldn't put the
Olsen: It was the dredging. !.Jhen you go in and dredge.
Emmings: Yeah, I think aLl those
had to cross a wetland so we saidit's frozen.
involved some dredging projects t^rhen theyyou can only do it in the winter when
Olsen: Yeah, then we do prefer it,
Emmings: Oh, it was removing the gravel from LoLus and they had to crossthe wetlands so He did that in the winter. And tre've done other ones.
Batzri: r guess d prefer to see some sort of condilion or talking aboutminimizing the impact to the r^retland and avoi.ding that season that theyhave to avoid anywav it sounds rike. rs that part of a DNR permit process?
OLsen: No, that Nas us. We have that in our ordinance.
Batzli:
sooner or
And I had another
I ater .
question but I can't find it here. I'II find it
Emmings: Okay. t^le'II come back to you.
Ellson: I like this, I agree with the other residents that boy we'verooked at this stuff before. [,le've seen arl kinds of weird configurations.I do har,,e a couple of questions. I'm getting mixed up with redesignatinglike Lot 2 to be an outlot. Doesn't that mean h,e have to find a 2somewhere? Or do we just take ouL 2?
Planning
June 19 ,
Commission Meet i ng
1997 - Page 23
Olsen: Risht" Everything urill be switched and
sr^riLch a1I Lhe conditions. It iust got to that
this Lhrough ihis report and do it consj.stently
Iots, outlot A and B.
at that time then I willpoint where hour do I do
so yeah, it wiII just be 3
through and when youEIlson:
referred
O kay - Ato it as
J likeLot 4,
you said, then you'd go
it becomes 3, etc.?
Ellson: That was one thing. Let's see, number 6. They are being
to install by a Professional engineer. That seems kind of vague.
it could be a mechanical engineer or a water engineer or don't we
engineers involved in something Like this?
Olsen; Yes.
Ellson: That does this kind of stuff.
OIsen; 'Yes .
It has to be by a
on.
required
f mean
have our
impr ovements
financialgoing to let
olsen: But they don't design it. They'll
Iicensened, professional engineer that they
r evl ew
sign
itoff
Ellson: And then our aPProval needs to be done ' Is that an assumPtion or
should thet be stuck in there?
Emm i ngs: Put
Olsen: That
it in.
we have to approve it? Okay.
Batzli: I'm sorry to interruPt but
and financial guarantees and stuff,
guarantees on anything Iike Lhat or
the applicanL 9o in and build?
was this
we're not
anything
talking
9oin9else?
about the
to get any
tJe're jus!
olsen: Right. This is not public imProvements and again though with the
PUD contract u,e can, if ure find that there's areas that we do uant some
financial gu3rantees, we can require it. t^le didn't see, the engineering
department didn't feel that that was necessary Hith any of the improvements
here. But it is possible. l^,e can do it though.
BatzIi: And require boulevard trees?
EIlson; The only other
were going to ask for a
either,
thing Lhat Itree r emova I
noticed was you discussed that you
plan but I didn't see it in here
OIsen:
Block 1
Risht. f forgot to
you do want to have
add that as a condition and yeah, on Lot 1,
that.
Ellson: I wondered h,,hy that Park and Rec thing wasn't readv when this
all ready and it just seems like it's a little half baked or whatever.
also think Lhat Ne can't make assurance to the applican! Lhat it might
was
I
not
be a snownrc,bi le trai I at this time because iL 's so f ar out there . t^lhat Ithink ule had planned is a lot of greenways Lo connect these sorts of things -but you know, in 20 years hot^r Lhat evolves and hor.l strong the Chanhassen ]Snowmobile CIub is or who knows what that it Nouldn't be possible Lo tiethat in. It just basically says a trail and that would be whaLever' thetrail is being designated later on so f knouJ that h,as a concern of his and "]
it probably should be because it has a polential of being something like I
Lhat so I didn't hrant him Lo think it never would be. It might. But Ithink it looks good. I'1I believe it urhen I see it I guess is one of the -tthings I'm saying because we've seen so many of these kinds of things but I Idon't have a problem if we add those few items that I had discussed. Howabout you Steve?
Emmings: The 185 foot width here, in additi.on to it beins narrower than werequire under our subdivision ordinance, for people Iooking ahead to
when Outlot B, that big piece would evenLually be developed perhaps inloIots as small as, well we've got a PUD but perhaps into Iots as smal.I as
15,OOO square feet.
Emmings: Yeah. And you clearly understand that r.,hat r^re,re calling OutlotB here or what was down here as Lot 2, there wilL never be any houses onthat until there's sewer servicing that area? you clearly understand thatright? But not only is that only 185 feet here but you,ve got to have aroad too and at that time the road will have to be brought up to citystandards so w€'re going to shave more off again. rs there enough room nohifor, in that long column there for lots?
Olsenr You rnighL not be able to have theboth sides but you'd be able to have.
stree! in the middle and lots on
Batz]i: If there was sewer maybe. Is that what you mean?
Emmings: There's plenLy oLherwise if you keep it over on one side?
Olsen: Rieht.
Emmings: To have a city street in there?
OIsen: Yeah .
Emmings: f agree with Annette that it's very confusing reading the lotnumbers and the outlot B's and all that. That's going to have to be donewith great care because we flip back and forth in the conditions. r'm realconcerned about the access from the highway. Have you had any preliminarydiscussions Nith MnDot on Lhe access? Hor., you doing on that?
Craig Swaggert: Yes I have. t^le do have access to the highulay. Uer do nothave it, it's a controlled access highway and we do not have access at thepoint where we show the driveway. We,re requesting that HnDot move thecontrolled access point to where ure show the driveway. [.re currently haveit on the 40 mosL southerly feet of Lhat, uhere Jo Ann is showing it butthe grade is so steep there that as you can see on the topographical 1ines,
Planni n9 Commission Meet i ng
June 19, !991 - Page 24
PIanni ng
June 19,
Commission Meet i ng
1997 - Page 25
it's very steep and there's a guardrail
that thcy allow us to move that access.
the northerly 40 feeL of it.
demol ition have
set time that we
to be done?
re determining a set
Emmi ngs: i^lhen you
there is t her e?
say close that access, there's not an access existing
Craig Sadaggert: There's an access existing.
Craig Swaggert: No, when I say
field approach kind of thing?
an access, they have given the right to
access the highuray aL that point.
Emmings: Okay. But that does Push it up close to the, because the road
that goes into ches Mar Farms is right next. There's another road
immediately norLh of it and I'm a little surprised that they'd allow all
those roads in that small a space. It really is, there aren't going to be
very many people using this road right now but if that ever develops with
sewer soins in there, golly. Okay. If they'Il give it Lo you, I guess
it's not ours to worry abouL. On number 5I agree b,ith Annette that Lhe
plans for the culvert, we should add language to say that the plan shall be
approved by the City Engineer Prior to conslruction. On number 7I'd like
to add the following. It says no more than 4 dwelling units will be
permitted as pcsr-t of Lhe PUD and Lhen Put in a colon and specifv what they
are. It should say one on Lot 1 , one on Lot 3 and one on Lot 4 unless the
existinq huilding is converted to a duplex.
Emmings: oh, there is? Like a
El lson: You 're saying they couldn't . - .
Emmings: Right. Number 8, r^ie're talking about the demoLition permits and
es I understand it, the long, Iow building on Lot 4 and then the one that
straddles Lot 3 and 4 are the ones we're talking about those buildings
being demolished. Is that right?
olsen: Correct. And then we're also including the aPartment building too
if that's planned Lo be demolished.
Emmings: Alrighl . Now, uhen does the
Olsen: I don't know that there's any
time for those to be demolished.
Emmings: You know we've got lots here. t^le got a building straddling a
Iine and I don't like that. I think that would there be anv reason not
require LhaL the demolition be done before final plat aPproval?
Krauss: tJeII that may be Problematic because Mr. Swaggert wouldn't have
possession of aIl the lots in question unLiI then.
lot
to
Olsen: Maybe we should do 5 monlhs after'final PIat approval,
there. And so we're requee,t ing
Close that access and move it to
PIanni ns
Ju rre 19 ,
Commission Meet i ng
7997 - Page 26
Krauss: Yeah, if you want to do ais filed, I think that would be.
daLe, 3 month.s. 6 months after the plat
Emmings: This is something new.kind of a date in there when thaLbuilding, silting on a lot line.
Do you r,ra nt to. I'd Iikestuff gets demolished. I
to' have somedon't Iike a
Crais Swaggert: I believe with the PUD I'lI have a contract with the Cityand ue could stipulate it in the contract. I'd feel real uncomfortabledoing that kind of work out there uJithout a final plat approval . I have noprob)ems pulting timelines on it afler that date buL I would feel realuncomfortable.
Emmi ngs: [,J ha t
have a problem
Craig Swaggert:
Emmings: Then
8.
EatzIi:
until ir-
i f ure put
with that?
in 6 months after final plat approval? Do you
That'cJ be very acceptable to me.
I think tre should do that. I think
Very acceptable.
we should add to number
I was going to suggestuas derno I ished .
that we wouldn't issue any buiLding permits
Emnri ngs :
E mrrrj ngs :
Batzli:
But he may never need one for 4
But- he'Il need iL for 1.
Ch, you wouLdn't issue any?
Any. On the whole thing. t^lelI ,
converts it to a dupLex.
agrees to 5 months.
about liability? If Eot 1's
down to it, are we concerned
if he
if he
Emmings: Okay. Let's put in language in after number 8. Just put a semi-colon. DemoLition of arI buildings to be razed shall be compleLed 5 monihsafter final plat approvaL. Now on the driveway, it,s my understanding thatthe common, the part of the driveway that will be used in common. In otherwords up to the Y and around that circle, that will all be 20 feet wide andpaved r ight?
OIsen: Cor r ect .
Emmings: From that point on they can do what? UhaLever they urant?
Olsen: LJe don't have anything that requires it to be paved. Again, itcould be, well I believe you could probably do it as a condition of thePUD. The ordinance doesn't specify Lhat it has to be paved.
Emmings: Are there any concerns from the -aityhouse is on fire and tae can't get a fire truckabout rnaking sure r^te can?
Planning
June 19,
Commission Meet i n9
7991 - Page 27
O]sen: Sure ,in t her e thaLwith like any
Emrnings:the end?
yeah. l^Je 'r e
iL has to be
fire lane or
always more comfortahle if we have a
maintained and a passable condition.
emergency access.
condition
t^,le do t ha t
To make this safer should there be some kind of a Lurn around at
BatzIi Yeah "
Emmings: So vehicles can get back out once they get in?
Krauss: There is a turn around
turn around be provided at the
driveway to 1 and there i.s that
Emmi ngs: tJher e
front end?
Olsen: Yeah.
Enrmings: I'm
0Isen: t^le I I
Kr auss :
1o nges t
is that PauI? The Y we're talking about way uP aL Lhe
Lalking about down by the beachlot.
you could.
provided.
point wher eprovision
The ordinanceyou go from 2
in Lhere.
provides that a
units using a
theThe ordinance wor ks in most situations.private driveuay I've ever seen. It's an
This one is about
unusual loL.
Emmings: tJe also have to think
think. That's not impossible.
about it ultimately being a public street f
Krauss: No, but we certainly have a Lot of means to require that it be
upgraded suitably at that time.
Emmings: 0kay. I don't knour.
incred j.bIy Iong driveway. t^lhat
m uncomfortable with that. That's an
it? Is it almost 1,500 feet?
I'is
Batzli: At least. More Iike 1,7OO.
Olsen: t^,le could maybe wor k out some sort of , I mean it's not necessarilyjus! in the outlot too. You probably want some way to turn around on Lot 1
too. Maybe He could just do T or make sure that there is something for
them to back up into.
Emmings: t^Jell I think we ought to have some condition in there thaL that
road is built to a standard that will. accommodate emergency vehicles and
that there's something down there at or near Lot 1 where they can turn
around and get back out,
Olsen: Do you want
and passab le?
Emmi ngs: Fine.
to also add something Lhat it must always be mainLained
Planning
June 19,
Commission Meet i ng
19e1 - Page 28
Sure. And then number 10. In. number 1O
iE. c.onslructed on LoL 4, Block 1 it mustIs iL real obvious that that means that
it says if a new
meet aIL requiredthat sixplex gets tor n
Olsen: t.Je alway'=, when ue do those kind of conditions ure al.ways add. Okay.
Emm i ngs :
residcnce
setbac ks .
dourn?
Olsen:tear it
make itto meet
Emmings: Yeah but this says
new residence.
a new residence. This is only referring tc, a
Well it wasn't clear urhether or not they were actually soins todown. Nhat I'm sayi.ng is if they do, if they do tear that dourn andinto just a sing.Le family residence, then at that time it does havethe setbacks. Right nohr it does not.
OIsen: Okay. A1l structures. tleII that's.
Emm i ngs :
dwelling
that one
Emmi ngr ;
4, Block 1
It would only have one eligibility. You could only have oneon it if he docsn'! use the old one but I want it real clear thatgets torn down if they build a neu house on 4 is all I,m saying.
O]sen: Okay.
5o f guess I would say if a new residence is constructed on Lot
Emmings: No, is constructed because it's new. Then
have to be torn down. AI] other exisling structuresI don't want to see the sixplex stay there and a new
Olsen: Or a rreN residence repJ.aces the existing?
Batzli: AII or-her exisLing buildings on Lot 4
all other buildings
have to be torn down-
house come on.
Emmings: On Lot 4. Then we'd add a tree removaL plan as a 12th item. you
brought Lhat up, I think then we should have a 13th one that says that therevised preliminary plat shoul.d show Lhe southerly lot line of LoL 3 moved30 feet to the souLh and should also show the trail easement required byPark and Rec. Noul that's a]l I've got. I h,as up there today and lhe placeis, once you get past the first two houses it's very poorly kept and itreally is a mess up there. There are vehicles sitting around and old Lrashdumpsters and it r,Jas a nress and I was going to put something in about thatbut I think after seeing the proposal and talking to Hr. Swaggert, I don'tthink he'd do anything eJ.se. I guess I'm not as worried about it- But onthe recreational beachlot, our ordinance requires 2oo feet of Iakeshore andI don't see it.
OIsen: tlel] what I waswater is.doing, I measured the shoreline where the open
Emm i ngs :
when you
just wait athat I don 't minute. You've got tr.ro shorelines on here so
know urhat you mean.
Not
say
PIanni ng
June 19,
Commission Heet i ng
1997 - Page 29
It's the lake side of the wetlind?
Right.
tJhich one are you looking at?
I was Iooking at Iakeside of the u,etland. l,lhere the actual
r^rou I d be taking place.
Okay, now if you do that, r^rhat result do you get?
I came up with 2oo. If you go Nith the meandering line it's ]ike
2AO.
olsen: tiel.1 , one is where the ordinary hish water mark is and where is the
r.retland. The other one is the shoreline where it's actual open Nater.
Emm i ngs :
OIsen:
Emmi ngs:
olsen:activity
Emm i ngs :
OIsen:just at
Emmi ngs: Is t hat
the ordinary high
what we should be doing or shouLd we be measuring it at
h,ater . mar k?
olsen: l'1y feeling ig yes, we should do it
thaL's where the actual activity is going
where the open water is since
to be taking place. That's uhere
because i.L has the uetland.you want to, again lhis is unusual one
Emmings: And you came up
measured it.
an
with exactly 2OO feet? I don't know how you
olsen: I used the scale and I kind of nrent ert, ert and yeah.
Emm i ng-: : I t- 's 2OO?
O]:en: Freal c,l.ose to it .
Batzli: Souncis Iike a precise measurement to me.
olsen: lt r.ras really, it was definitelv a ]ittle bit over so I felt
confortable .-hat you do have it. I didn'L use a string. Dental floss -
Emmings: Under the approval of wetland alteration permit for the boardr"lalk
do ue have, I know we've required these boardwalks from time to time- Do
we have any specifications for, we gol in a ]ittle Lrouble with somebodv
about what it meant or whether it could be on the ground or had to be
elevated. Do we have any specifications nouJ?
Olserr : It has to be elevaLed.
Emrrings: Bul is that in our ordinance now?
Olsen: Ne ainended it to say that it had to be a boardulalk and then
I be I i evc r.re def i ned .
Krauss: L^le f ixed it af ter lhat .
Planning
June 19,
Commission Meeti ng
7997 - Page 30
Emmings: I thought so but I couldn't remember for sure. If you rememberthat, iL's good enough for me. And then number 1j.L says there be nofi]ling or grading pernritted in the wetlands. I put dourn dredging. Thereshouldn't be dredging either. Now I don't know if in everybody's mind ifgrading and dredging are the same thing but I urould add that word Lo makesure. The proposed driveway has to be 10 feet auay from Lhe uretland I just
uronder hour we carne up with that number , t^le're ta] king I take it about theIittle wetland in the corner of Outlot A?
OLsen: Ri ght .
Emminss: t^Jhy not 20?
OIsen: tiel L , why . not .
Emmings: Huh?
Olsen: Yeah. The nrore the better. I just picked, lhe minimal , at theleast 10 feet would give us some sort of buffer. r mean righL nohJ actuallythe road carr 90 right on top of iL and have no buffer.
BatzIi: That_ r^ras my question.
Olsen: Actually yc,u could swirrg it around so yeah,
Emmings: Do we aIlow parking of vehicles on a recreaLional beachlot?
Olsen: tJell you can't have Lhe access across iL but it happens all over.
Emmings: I don't think ue do.
OLsen: Yc)u can't Iaunch boats and you.can't drive, Hhere is it?
Emmings: Yeah, number 3. No boat, Lrailer or motor vehicLe, including buLnot Iimited to cars, trucks, motorcycles, 6IL lerrain vehicles,snowmobiles, minibikes shall be driven upon or parked upon any recrealionalbeachLot. Okay. So r.Jhat's the road for? tlhy do we need a road at alL?
Olsen: UeII, I'm sure Lhey're going to use it, to.
Emmings: l^lhat? Do something improper
Farmakes: r would think it'd be an emergency access if somebody needed it.
EIlson: Injury or something.
Farmakes: ff somebody got injured.
Emmings: Yeah but you know what's going to happen? There's going to becars par ked doun there.
Olsen: That's true. That should be removed and just have it as a trail.
Planning
June 19,
Commission Meet i ng
7991 - Page 31
Emmings: I thjnk there should be a trail from Lot 1 unLess the Public
Safety DepartmenL telIs us we have to have a road down there. That
eliminiales any impact on the wel]and.' That's why I like it primarily.
Secondly, when you're on the lake you don't like to see a bunch of cars
parked by the lake. It looks bad. tJe've got some beachlots on Minneu.rashta
now that have roads down onto them and peoPle Park down there aII the time
and it doesn't look good. So I think we take the road away and give th€m a
Lrail. A trail that stays, well I don't care if it's 10 feet. And if
Public Safety says lhey want a road down there, then it ought to have a
barrier to prevent vehicles from going on Lhere excePL it can be removed
for emergency vehicles. The other concern I have about this beachlot is
right no!,r it's a rural recreational beachlot. You can have up to 50
dwelling units with access. Now nobody outside the PUD can have access or
use of a beachlot, Is that correct?
Olsen: That'sjust Lot l and
Olsen: He was just
those were the onlygoing to have Lot 4
saying that's the only one,
two Iots that were going to
to have access to it.
correct. Actually we wdre going to have a condition that
3 would have access to it.
Emmi ngs: lJh)' not l'oL 4?
ElIson: So you're saying if 2 is developed they wouldn't?
a9a
9et
in you were
service.
telling me
He Hasn 't
Emmings: Let's get some inPut from vou on this.
Craig thraggerL: I guess that is what I told Jo Ann. f t"rould
have it resLricted from LoL 4 in case that's a possibilitv of
too t,ut that uouLd be the limit of it is the 3lots.
prefer not
them using
to
i!
Emmings: okay, then ue don't have to say anything because Lhere won't be
any houses on oullot B or A and people can use it from 1' 3 and 4. Okav.
But again when, and this I Lhink you should be interested in because uhen
this, if sewer comes in here and this becomes an urban rather than a rural
beachlot, now 8o?. of Lhe dr,rellins units which have right of access have to
be within 1,ooO feet of the recreational beachlot.
Emmings: Yeah but do you know what? He might not have the right to use
the recreational beachlot because he's back a coupLe thousand feet.
Emmings: So what?
Ellsorr : He's grandfathered.
olsen: Yeah, I would think that he'd be grandfathered in- That he has the
right to conLi nue .
Olsen: But that would be new lots.
Olsen: He meets the existing.
Planninl:
June 19,
Commission Heeti ng
7991 - Page 32
Emmirrgs: Okay. I clon't know but it's something I think he ought to be,
aurar-e of. It- could be that anybody who developed that long neck ofproperty is soins to want to give everybody access to the lake becausethat's r^rhere Lhe value's going to be but it's only going to go'up. Once .you get to the 1,OOO feet, you can only have a few more .Iots on it becauseyou're you know another 2OZ and I don't even knoul if Lhat wiII get up tohis house. He may be excluded from the area. I don't care.
Batzli: As a pUD, canpart of a PUD?
ure grant variances in that regard for beachlots as
Ofsen:would come in agai n?
Batz L i :
Olsen:futur e?
Batzli: But that issue would be crossed when they camethat Outlot B as parL of an amendment to the pUD.
You rnea n
You mea n
if they
know.
i n the
Emming=: The question is whether you urould Nant to. If we decided not to.
back in to deve I op
Emmings: Right. IL's a future issue for sure. f guess that,s a]l I,vegot. That's all f have, Has anybody got anyLhing else?
Batzli: r've got a motion. r move that the pJ.anning commission recommendsapproval cf the PUD arnendment *91-1 shown on plans dated May 28, t99L,variarrc:, 1-o the lot uri.dth requirement for lot width requirement for Lot 1.,Block l with the following conditions. The 11 risted in the staff reportt.iith Lhe following changes. rn condition 5, at the end of the sentenceinclude, and recorded against such properties- The driveuray must beconstructed so as to accommoda!e emergency vehicles and must be maintainedin good passable condition, rn condition 6, after Lhe word engineer in thesecond line insert, and approved by City Engineers prior to construction.Is that uhere you uanted that to go Steve?
Emmi ngs: Yeah.
Batz]i: Okay. Number 7. Add a parenthetical at Lhe end of the sentence,(one on Lot 1, one on Lot 3, and one on Lot 4 unless Lhe existins buildingis converted to a duplex). Number a add, demolition of all the buildingsto be razed shalr be completed within 6 months of finar plat approval. Atthe end of condition 10, all other existing buildings on Lot 4 must berazed. Add a new number 12. A tree preservation plan shall be submittedby the applicant for city approval .
Emmings: She said a tree removal instead of tree preservation.
tree pr eservati on?Batzli: Well is it called a removaL or
Krauss: Ue'd like Lo access
Lr ee
the positive.
Planning
June 19,
Commission Meet i ng
t99l - Page 33
Batzli: New one 13. Revised preliminary plat shall be submitted by the
applicant shalI reflect revised southerly lot line of Lot 3, the trail
easefirent across Lot 1, Block 1in accordance trith Park and Recreation
recommendations, and elimination of the driveway onto outlot A'. A barrier
shall be erected over the driveway at the lot line between Lot l and outlot
A to keep vehicles from driving or parking on the outlot A.
2
4
e
9
A revised prel imi nary
1 as Outlot B.
plat must be submitted redesignating Lot 2, Block
l sha]I either be a duplex or single
units must be vacaLed prior to final PlaL
The residence
f ami Iy unit .
appr ova J. .
on Lot 4, Block
The 6 apar tment
The applicant shall receive an access Permit from HnDot for the
proposed access servicing LoLs l and 3, Block l and Outlot A and B
The applicant shall be required to insLall a culvert sized by a
p;-of e:sional engineer, and apProved by City Engineers Prior to
construction, to accommodate anticipated flows through the existing
ditch on Lot 1, Block 1.
llo more than 4 dwelling units wiII be Permitted as Part of the PUD:
(one on Lot 1, one on Lot 3, and one on Lot 4 unless the existing
building is converted to a duplex )-
)
Demolition permits are required for aII demolition;
Lhe buildings to be razed shall be comPleted withinplat approval -
A revised preliminary plat shall
proposed on-site sewage treatment
elevaLions.
demolition of alI6 months of f inal
be submitted showing aIl existing and
sitt's and proposed house pads qnd
If a new r es i dence
required setbacks.
r azed -
is conslructed on Lot 4. Block 1, it
AII other existing buildings on Lot
must meet aIl
4 must be
1C.
Emmings: I'Il second the motion. Is lhere any discussion?
BatzIi moved, Emmings seconded that the Planning Commission recommend
approval of the PUD Amendment f91-1 shown on Plans dated $aY 29, 1991 with
a variance to the lot width requirement for Lot 1, Block l and with the
following conditions:
7. The FLID agreement wiIl be drafted and recorded against the proPerty,
Tha PUD agreement wiII conLain aII conditions of approval for the PUD.
A c'-lr ivewa), easement shal I be provided across Lot 2 ( outlot B ), Lot 1
and Ouilot A and recorded against such ProPerties. The dr iver.rav must
be constructed so as to accommodate emergency vehicles and must be
maintained in good passable condition.
6
P Iarrn i n3
June 19,
Commission Meet i ng
!997 - Page 34
77. The applicant shall meet any and aII conclitjons of Conditional UsePelrrrit S91-4 and tletland Alteration Permit S91-1.
L2- A tree preservation plan shall be submitted by the applicant for city
approval .
13. Revised preliminary plat shall be submitted by the applicant shallreflect revised southerly lot line of Lot 3, the trail easement acrossLot 1, Block 1in accordance with Park and Recreation recommendations,
and elimination of the driveway onto Outlot A- A barrier shall beerected over the driveway at the lot line between Lot l and Out1ot A tokeep vehicles from driving or parking on the Outlot A.
ALl voted in favor and the motion carried unanimously-
Emmings: Next r.re need a motion on the Comprehensive plan amendment.
Ellscrr: tie didrr't have any changes in this one did we?
Er..rmings; ll r.
E]Ison: Oka:,', I move the Planning Commission recommend approval of
Cond jt ictr.r, l Ltg:, Perrit t91-4 for a recreational beachlot on OutIot A aSrhown on the p)ans: clated May 28, 7991 .
Batzli: Th3L's okiiy. t"t c can do iL out of order.
Enrrni ngr: You said 91-4 .
Batzli: ThaL's because she was doing.
Ellson: Oh. you're right. I would would to change that and say 91-1 .Changing l-he Land Use Designation from residential medium densiLy toresidential I or.: clensity. Is thaL what you u,ant me to do?
Emmings: Just hold on. Ours are different here. Oh, okay. I see urhere f
scr er,red up .
BaLzIi: You screwed up?
Emmings: Yeah. I ras looking at this one.
Ellson: Do we have it right now or don't we?
Emmings; Uhich one did you read?
OIsen: She Has doing recreational beachlot.
E.Llsorr: I started with that one and then you got me confused.
Emmings: Alright, make your moLion over and I wiII not interfere thistime.
Plannin;
June 19,
Commission l*'leeLi ng
1997 - Page 35
Ellson: tlhich one dc you want me !o b,ork on right now?
Emmings: tlhichever one you 1ike. This j.s next in Iine.
El Ison: Okay . I 'l I move the
PIan Amendrnent #9-'1 changing
Medium Density to Res ident ia I
Planning Commission approval Comprehens ive
the Land Use Designation from Residential
Low Density.
Batz I i ; Second.
Ell.son moved, Batzli seconded that the Planning Commission recommend
approval of Comprehensive PIan Amendment *91-1 changing the Land Use
Designation from Residential l.iedium Density to Residential Lou Densitv. AII
voted in favor and the motion carried unanimously.
Emmi ngs: Next we're on
Is there a mot ion?
a concJitional use permiL for recreational beachlot.
Batzli: f move the Plarning Commission recommend approval of Conditional
Use Permit *91*4 for recreational beachlot on Outlot A as shown on plans
dated May 2A, f99l r,rith the four conditions set forth in the staff report
and I guess I don't need to do that ulith the driveway.
Emmings: It does reference the PUD
there. That's okay isn't it? He's
OIsen; Yeah .
Emmi ngs: They're included by
Batzli: 0kay. 'nith the four
E.l lson: Secc,nd.
90tthe
cross reference.
conditions set forth in the staff report ^
amendment and I think you've
talking about the changes to
it up
road.
Batzli moved, Ellson seconded that the Planning Commission recommend
approva). of Conditional Use Permit *91-4 for a recreational beachlot on
outlot A as shown on plans dated May 2a, 1991 uith the following
conditions:
The recreational beachlot will be permitted only one dock with
overnighL storage of up to 3 watercraft.
2, Launching of boats from the recreational beachlot is prohibited.
The conditional use permit for the recreational beachlot is only for
the proposed dock improvements. Any additional improvements to the
recreational beachlot shaII require another conditional use permit and
weLlanci alteration permit.
7
3
Plannin:
June 19,
4
Corrmission Mee! i ng
799t - Page 36
The applicant shall meet any and all conditions of the pUD Amendment
*91-1 and t^letland Alteration Permit fi91-1 .
Al1 voted in favor and the motion carried unanimously-
Emmings: Is there a motion on Lhe Wetland Alteration permit?
Batzli: I move the Pl.anning Commission recommend approval of tJetlandAlteration Permit $91-1, construction of a permanent boardwalk through aClass A wetland as set forth on lhe plans received by the City dated May2A, l99L with the 5 conditions set forth in Lhe staff report with thefollor,ring amendments. Before the word grading in the first one r.re'Ilinsert a dredging,/grading. In number 5I would add at Lhe end of thatsentence, further, all approved alterations shall be undertaken at a timeand in a manner so as to minimize disruption to the wetland. And numberthe r,,lord drive shall be amended to read trail.3
Emmings: I'II second the motion. Is there any discussion?
Batzli moved, Emmings seconded that the planning Commission recommendapproval of tletland Alteration Permit *91-1 for construction of a permanent
boardwalk through a Class A wetland as shown on pJ.ans dated May 2A, ]-g9r.
uri th the followins conditions:
There sha]I be no fillins or
uretlands.
dredging./gradi ng permitted within the
The applicant shal.I receive a permit from the Department of NaturalResources for the permanent boardwalk.
The proposed trail shall be constructed at Least 10wetland located in the southwest corner of OutLot A
feet away from the
The wetland shall be permitted toinstal Iati n of the boardwalk -
return to its natural state after
I'lo other alLeration to the wetlands are permitted without receivinganother wetland alteration permi.t. Further, alI approved alterationsshall be undertaken at a time and in a manner so as to minimizedisruption to the r.letland.
The applicant shall meet any andI91-1 and Conditional Use Permit
aII conditions of the PUD Amenldment
*9r- 4 .
1
3
4
6
AII voted in favor and the motion carried unanimously-
Planrri ng
June 19,
Commission Meeti n9l99l - Page 37
Public Present:
ESSName
Al & Gerty Lebens
Dick & Jane Niemi
Haynard Happe
Roman Roos
l,1i ke Sor e nse n
Lee F- Ander son
Jo Ann'OLsen presenLed the staff report
call.ed the public hearing to order.
460 Flying Cloud Drive
10460 Bluff Circ]e
495 Lakota Lane
1450 Par k Cour t
7600 Er ie Avenue
10441 Bluff Circ]e
on this item. Chairman Emmings
Lee Anderson: My
I didn't see and
aI lor^red additions
s Lee Anderson. I Live ongot this copy and I didn'L
house.
1O441 Bluff CircIe.
see the Part t.hat itname i
I just
Lo the
Ctlsen: l,Jell it's on page 2 of the ordinance. It says.
Emmi ngs: 14OL(2)?
Olsen: Right- Number 2 under there on page 2. on parcels of
which a building has already been constructed on June 1, t99L,
from the top of the bluff is 5 feet.
land.onthe setbac k
Olsen: t^ie]l if your house
that your setback isn't 30
Lee Anderson: Uhat if it's
addition onto the house was
is say 15 feet away, you can
feet but it's 4 feet-
sLiII, thal says
currentLy 5 feet now but you wanted to Put an
my quest io n?
O.Lsen: l,Je're not permitLing that.
Lee Anderson: That's my quesLion.
Olsen: The 5 feet is as much as we're giving for Lhat.
Lee Anderson: I guess I have a concern about that. I have a 2 bedroom
home there- There's a lot of ]and and where it is, I can't tell v6u where
it's set back. It Nas built about 5 years ago but I think lhaL's reallv
basically taking something away but I'm not sure.
PUBLIC HEARING;
zoNrNG oRp
TO THE CITY CODE -
Lee AndeI'son: I didn't see the Hord addiLions in there.
Olsen: ue do still have Lhe variance Procedure r^rhich is tlhaL vou'd have to
9o through Lhat to get an excePtion to the rules. It kicks vou into having
Planning
June 19,
Commission Meet i n9
7991 - Pase 38
to prove hardship -up to the edge.
t^le did want to accommodate it but still not allow right
Lee Ander son :
I have and I'mother quest i onI'm addressi ng
Olsen: 6.3 and say 6 of the
OIsen: t^leII, r^re also have inin the area that doesn'L have
acres is within that bluff impact
be.
I guess I feel that's rea]Iy confiscating some iight thatnot convinced that that's totally right for this Lhing. TheI had uas Lhe ability to subdivide. I don,t quite know howthaL one but I don't see anything on this right nor^r.
Olsen: It doesn't really, you knotr if your lot is say 5 acres.
Lee Anderson: 6 .3
zone.
Lee Anderson r About 5 r^Jould
Olsen: Well that would be.
Lee Anderson: So you're basically saying that,philosophy but you're also saying, hey you. !^le
I'm not against thjust cut you out b
e
ecause.
ordinance and you're
Lee Anderson: Right, Hesse Farm.
Lee Anderson: It aII has Lo be the l acre totally has to be buildable.
Olsen: Maybe I can check on that.
Lee Anderson: r don't Hant to get into mv problems specificalry but theother comment r have is that rm not sure that aII the people that got Lhatcard, and f respect Lhe need Lo get this out. I,m not sure more peopleconsidering the property that's covered here, shouldn't get a copy of thisdocument so they really know what's going on. I applaud your intent butI'm stiII not sure that part of this isn't basically confiscating in someway- some land that people may want Lo develop under an appropriate mannerand so I think it needs more study really than an approval or disprovaltonight. Thank you -
Emmings: Thank you. Yes sir.
another section of thethe sewer and water.
Roman Roos: f'm Roman Roos. I'm at 10431 Heidi Lane which urould be just
down the road from Lee. f guess my concerns addressed to the planning
Commission are very much the same. I also have about a 5 acre parcel. Idon't see it in the foreseeable future that I'd be subdividing or trying to
orsen: And under lhe exi.sting regulations, you have to have r believe it's1acre. I'I1 have to check but you already are controlled that you have tohave at least a certain amounL of bu.ildable area that,s below the slopethat would be in the bluff area. so already you'd be restricted on how yousubdivide and whether or not you could-
Planning
June 19,
Commission l'1eeti ng
1991 - Page 39
dc' Lhis bLrt in paying the kind of money and paying Lhe kind of taxes we pay
for that area for "the view", if the City's going to try to constrain or
refrain or stop even an addition to an existing dwelIing, for examPle malbe
a gazebo or something of this nature, that's really destroying some rights
that I bought and paid for and are paying for every year r^rith very high
taxes. IL has no bearing on it being not sewered. f too believe there'sgot to be a lot more study and it's not just lhe Hesse Farm area alone. All
the houses on the bluff. Those lots are aII sold and aII developed buL ifyou move to the other side of the bluff going along towards the Hesse Farm
EasL and then move across south to the Bluff creek Course. That area.
They have the same problems. Now their bluff area is a liLtle more steep
than what the Hesse Farm area is with the exception on the east side. Ijust think Lhat the philosophy, the intent is beautiful. I think it'sperfect but l think we have to rea]Iy do some studying with the individuals
that are in exislence there for what they have, r^rha! they've Paid for and
what they're going to continue to pay for. One other question I have also
has to do wjLh the ]and in the business fringe area and of course Lhe
residential Iand that we're talking about on Hesse Farm East and tlest and
that lanci that would be to the rieht. I guess it would be to the east of
the business fringe area" How far does the business fringe area run uP TH
169 Jo Ann?
Enrmi ngs: You're tal.king abou!
From the
one side.
the area now
motel there if
where TH 1O1 comes down to 212.
you urill, moving up TH 169Roman Roos: Risht .
with the junkyard on
Krauss:
Batzl i :
Jeff, if you could possibly slide over.
4 ,ooo feet .
Roman Roos: That's very good. I guess, that's fine Jeff. I guess mv
concern would be that again one of the areas of study tha! I think has to
be looked at very, very clearly is the business fringe area. I was on the
Planning Commission when Lhat was put in existence back in the late 7O's.
Emmings: So you're the guy.
Roman Roos: I'm innocent, believe me.
Emminss: You shouldn't have admitted Lhat.
Roman Roos: At the time gentlemen and ladies, it seemed like a very good
idea and I believe it still is a good idea. It has to be controlled.
There's no question abou! it. I Lhink Nhat I'm trying to sav is the studv
that has to be, I think has to be accomPlished yet is if you're going to
creale a zoning change. If I understand r.:, you're going to try to ehange
the zoning of that business fringe?
Krauss: I think we have to separate outprotection ordinance. It has noLhing to
that part of the BF district backs up Lo
issues. This is a bluff line
do with the BF district except
the bluff line. The BF disLrict
PIanning
June 19,
Commission Heeti ng
799L - Pase 40
discussion is sc,mething that started a yeay ago with the comprehensiveplan. ft's something Lhat has Lo be picked up again. t^le need to notify
everybody down there and work uith that.. You know, I lhink there's a Lotof valid concerns being raised in terms of study of the bluff line itselfbut I think it's only fair to say that ble have studied it quite a bit. We
have hi ked it, [^,lL 've seen insLances where construction even 50 and 60 feet
away have changed the drainage going over thi.s thing where the first heavyrain we get, this stuff collapses. t^,hat we have is an. exLremely sensitivebluff line that's covered by a feu inches of clay and the rest of it issugar sand. t^le frankLy have some horrendous examples of where people have
messed with it and they're on the verge of losing some buildings as aresult of it and I don't know that there's a good anslarer once that thingstarts. So Ne're trying Lo balance the rights of the individual. tJe,retrying to recognize the rights of people who are already there and treating
Lhem somer^rhal differently because we don't want to come in after Lhe factwith an onerous ordinance. But 5 feet from a bLuff that is thaL unstable,or could be that unstable, is pretty close. It's frankly closer than I
t"rould prefer to be but if Lhat's where some of the homes are, we,re sayingwe'11 live urith that. tut cLoser lhan 5 feet, I can,t, I probably be hardpressed to find an engineer I think uho would tell you thaL it,s safe tobuild that close to the bluff line-
Roman Roos: I guess I have Lo somewhat differ with you. I came fromCalifornia and believe me. Believe me, the engineering they can domarvelous things on the bluff. I mean your paying tremendous dollars forthe view just as you're buying Lakeshore for example. I guess whaL I,mtrying to say, I think we need more study on this. There's a lot of issuesthat are dovetailed together PauI . Like I say the business fringe is notpart of this issue but iL is married to it because you're talking aboutvisibility. Views. Okay? I don't have the clean answers. I,m just
saying that I don't know if we're ready, at least the average citizen uJho,sgoing to be affected by this. I don't think he has enough knowledge toreally make some valid commenLs tonight and to give guidance to theP]anning Commission that they may make a recommendation to the Council atthis point. Thank you.
Haynard Happe: f'm Haynard Happe. I live on Lakota Lane. I already havea piece of property there that the road wiII make your setback so far. Ifyou have 3O feet, I couldn't have a building on the lot and it,s alreadybeen approved as such. t^lhat would you do?
Olsen: Again, that's one of those cases where you'd 9o through theordinance but since this is an existing lot of record, essentially whatue're saying is that is most likely a buildable site and that,s r{here you
would be able to prove a hardship for a setback. A variance to that
setbac k .
Maynard Happe: Anything that had been approved wouldn't be affected by it?
Emmings; Thank you Roman. Yes sir.
PIanni ng
June 19,
Commission Meet i ng
1991 - Pase 41
Ctlsen: tlell you'd have to go through a process to have approval to
a honre on that sj.Le but that's r,Jhere the City r^rould have a diff icultposition saying that there isn't a hardship when you can't even use
anything. If we deny that variance to that 3O foot setback or from
setback frc,m the E,treet perhaps, then we would be denying you a home
that lot and your .rse of it.
Haynard H3ppe: AIl of the homes that are there are close to.
within, tue l 1
homes along
at thaL too in
I don't know,
there.
var iance "
feet but there's
Iocate
it for
the
on
Ancl i t 'sIot ouner
olsen: Right and we use that . t,e look
Lo be
ear i ng
15 LhA
the
30
heard on
wen! to
t r isht?
this?
every
Maynard Happe: They're aIL
1, 2, 3, 4, 6, 7, there's 7
Olsen: /-lnd that goes into considerati.on
removing your righL to develop that lol.
Emmings: Thank >'ou. Does anybody else want
my undersl:anding that nr-tice of this public
of recc,rd that's affected by this ProPosal .
Olsen: Yea h
miss one but
Emmings: fs there any other
close the publ ic hear ing?
too with that. I don't see that
h
I went through aII of it. I can't guarantee that r,re didn't
we went. lhrough the whole list and it was a substantial l.ist.
comments? ALright. Is there a motion to
El lson moved ,
favor and the
El lson: I sound
today so.
Batzli:
this toe
slope is
Batzli seconded
motion carried.
to close the public hearing. AII voted in
The public hearing uras closed.
Iike a broken record but 1've liked everything we've had
Ellson: To stir things up and drag it out any longer ' right. No, I think
that we're on the }eading edge of a city doing something like this. I
think it's really important and I commend the People who brought it to our
attention. tlho knows hou much more would have haPPened if we hadn't so I
appreciate the citizens ttho brought it to our attention and it really
wasn't something that was on the priority until we did take a look at it
and realized Lhat it is in accordance with our city goals of maintaining
natural greenway and open spaces and the preservaLion of the natural
environment. I ]ike it and I believe ue have done the research that's
necessary too. I can see forwarding it to the City Council without further
research.
Emmings: Yc,u're just afraid to.
Emm.i ngs: 0kay. Brian?
Jo Arrrr? In Section 1, number 2 under Bluff. tJe keep on having
of the slope. I've always been confused as to what the toe of the
because that's the one thing that isn't defined.
Planning
June 19,
Olsen:
Sorry.
Batzli: Yeah, I asked you II thought they really meant
time and I guess since you didn't change itof the slope.
Commission Meeti ng
7997 - Page 42
RiShL. That was supposed to be changed to toe of the b]uff.
ast
toe
Olsen: ft's supposed lo be toe of the bLuff. Sorry, we forgot.to havethat changed. It started from the bottom up so it's supposed to be bluff.Toe of bluff.
Batzli: okay. In Section 2O-14O3, Removal or Alteration of Vegetation. IHould really prefer that u,e talk about the removal or alteration isprohibited except subject to the following Iimited. I didn't really evenwrite this out so much as I kind of ulanted to bounce it off Lhe fellow
commissioners here. It looks like tre're permitting it except and I thinkthe intent was originally Lo prohibit it excep!. f don,t knou: how we,dword it. I haven'! really looked at it that carefully. And then inSection L2-14O6 in the official map section. Do we realIy mean that we,retalkinS aLrout bluff impact zones located on and./or within the officialbluff impact zone map?
Olsen: I think Nhat we're saying is yeah. ft has to bealso has to meet the definition of bluff so if something
map that actually isn't a bluff, then they can get out oat the same time i.t had to be officially mapped.
onisf ir
the map but it
shown on the
that way but
Batzli: f was just curious about whether ure have this tine and thequestion is whether it means you're on the Iine or you 're anywhere withinLhat zone bounded by the line.
Krauss: tlell, you have a line. For Lhe sake of drafting purposes, Ne
wor ked off the 2OO sca.Le aerials which show the property lines. We hadengineering staff figure out t^rhere that bluff began given the criteria thaLthe ordinance establishes. There's an elevation that follows through Lhereand we picked it up and iL misht be the 942 elevation in one spot and the936 in ancrther. Nhat we'II do on the officiaL city maps is then you havean area beLow that and above the toe and it will be shaded in. Ue couLdn'gdo that on this map just for the sake of drafting but we Hant to make itclear too that r^Je realize that while our information is the besL we have,we didn't go out with a survey creu and run the whole 6 miles of bluffIine. If somebody comes in Nith better information than we have off ourofficial maps, we want to correct our officiaL maps, He'll accept thebetter information.
Batz]i; So if somebody came in and saidon your official map but I don't think I
sat isf actory i nformation?
I'm covered by lhe ordinance.should be, ulhat would be .
I'm -
EIIson: Based on the definitions.
Krauss: Based upon a survey, a registeredinformation, In fact, if I might suggest,
survey that shows more accuratethere's language that I can lif!
frorn another ordinance that I can't recall exactly right now but it
outline: an administrative procedure. f 've done this in wetland ordinances
whereby' if >,ou get more accurate inforfialion by registered survey or the
City Engineer can just change Lhe map. tle don't even have to ask Lhe city
Counci I to do that.
PIanni ng
June 19,
BatzIi:
hurry?
Krauss: I might acld too that we'd like to
do that for tonight but we wanted to bring
we think that this is a concern. We have
show you.
Batzli: I'm a]l for Lhis and I'm a huge
done a good job. I love the concePt but
think Roman has a good idea to kind of.
Comnrissiorr HeeL i ng
!997 - Page 43
How big of a hurry are we in to do this?
other than we Hant to protect the bluff as
Are we
soon as
in any ki nd of
PossibIe.
Krauss: I don't think there's imminent danger that something's going to
happen. There's some ongoing situations there. tle've been taLking about
this over a series of probably 4 meetings over a period of 3 or 4 months.
tle wanLed to get it on the table. tJe wanted to notify aII the residents.
l.Je ranted to set their feedback. If there are other directions to go in,
we'd be happ,- Lo do that. If Lhe homeor^tners r,rould ]ike some oPPortuniLy to
meet urith us so Lhey can figure out where the bluff is as we think it is
rel-ative to Lheir specific proPerty, we'd be haPPy to do that too.
Batzli: I was just kind of following up on Roman's comment that he thought
there ehould be some kind of cooling off period to the residents. Not.r that
they have their hands on a copy of the ordinance, they can figure out what
it reaLly does to them and what it means before we Pass it on to City
Counci.l .
Krauss: That would be reasonable. We had intended to send copies of the
ordinance ouL urith the notice but ule didn't have them in time to do that.
This is nc,t somelhing where there's something horrendous going to haPPen
tomorror..J if we don't pass this today.
BaLzLi: I think if l was a homeowner I would like the oPPortunitv to take
a Iook at this and meet with staff now that I've got a coPv of it in front
of me and I've got a chance to ]ook at my own ProPerty. They may have
better comments or their concerns may be satisfied if we allow them a
little bit more Lime.
PreParein someat I east
a video, l,le intended tographic evidence of why
4 siles we'd like to
proponent. I think Jo Ann has
I'm just thinking as a homeowner f
Jane Niemi: Can I?but seei ng as you've
You're being kind of
etablished ] oose ness
Ioose and I
here in not
knoul I'm ouL of turnfollowing ruIes.
Emmings: [^]e can clamp down.
Jane Niemi: l.,Je got a notification that says we're amending something. t^,e
had no idea what you were amending from the notice so we didn't knouJ what
the original statement said and r,Jhat you're changing it to. I think that
PIanning
June 19,
Commission Meet i ng
!997 - Page 44
these L,I uf f lot
pr opos j. ng -
Dick Niemi: I don't think they understood the ramifications.
Jane Niemi: ft says something's going to be amended. UeII what is goingto be amended? That's what ue're here to find out, what are you amending
and u,hat ie this amendmen! going to be so I think that the original needsto be sent out, brought forth to the people that this is effective alongwith your proposed change.
peopJ.e should have a copy of the original and what you're
Batz]i: So f
about it her epeople.
guess what I'd propose
and we insLruct staff table this once Ne talka copy to the affected
LS
to
that we
send out
Krauss: If I could add one thing. That's fine with us. Ue'd be happy todo it but the thing that we're amending is the zoning ordinance. It's Lhisblack binder here and everything Lhat's in it but there is no specificbluff protection regulation at aII rishL nou.
Dick Niemi: ,..this is a drastic change.
Kraues: [^lel I no. It's the same terminology. t^le,re amending the zoningordinance by adding Section.
Dick Niemi: f f you l.ive theredrastic change. I don't thinkthe bluff line.
on that bluff ]ine, you think of it as aanyone here or on Lhe City Council Iives on
Emmings; No, and we pass things abouL various things. I don't own anycommercia.L properLy and we pass things on commercial property aII the time.You knour, r guess this is a real small turnout r^rhich bothers me. rt eithermeans that people aren't inLerested, which I can't believe, or that theyreally were not informed and that scares me,
Jane Niemi: It eJas a veryIt rea]ly said nothing.
cryptic letter. It said hey, this is wha!...
Emmings; So it may be but on the other side of Lhis I guess is theproperty, the existing property's are exempted so I didn,t think peoplewould be too excited about that because we're not even making them non-conforming uses. [^le're totally exempting them so that's going a long way.
Dick Niemi: But we've got 70 7/Z acres which...subdivided.. _
Emmings: Right, and you just don't know now. It creates ah element ofdoubt and thaL's always horrible but I guess that the, I have a hard timethinking that your planning Lo build over the edge of the slope. And aslong as we allow you to 90 up to 5 fee! from it with your existing dwellingor within 3O with anything neul , those don't seem like real onerous
El]sc,n: It's Iike bringing someLhing out tha! Nas never there.
Planning
June 19,
Commission Heet i ng
7991 - Page 45
provisions to nre but maybe they are- So maybe Brian's suggestjorr is a good
on.:.i. Gc a head .
Maynard Happe: The noLice that I got was very vague. I had been to a
meeting about the sand pit and everything going on there. I thought it was
some more to do with along there but I decided I best come and see just
what or who uas affected and who they were talking about. I didn't have
any idea what uas going on.
Olsen: tre L.,,anted to send out the ordinance and PauI was going to do that
but by the time ure had it in final form, it wouldn't have gotten out in
Lime. Before this meeting anyway so it was kind of like we're just going
to have to go with it. t^lhen r^re sent out the notice, it was one of those
where we weren't sure exactly what we could say in there more lhan we're
doing a bluff protection ordinance and calI.
Emmings: I guess it's smal] enough so I guess..,buL we can fix lhat byjust conLinuing the hearing and getting more inPut. And you knott, talk to
your neighbors. tJe'll table it. Maybe if everybody agrees with that.
Talk to your neighbors and read it and let us know what your concerns are"
Do it in wrjting or come in when we Look at iL again. It sounds like
that's the r.Jay it's going to go. I thought everyone who was here, r^rhen I
walked in the room and saw a ]ot of people, I thought everybody uas here on
the btuff proLection ordinance because I thought that uras going Lo be a big
clraw and r was real surprised when I saw. Jeff, we skipped over you and
I don't want anybody accusing me of running a loose meeting so we're going
to go over here right now.
Farmakes: I urouldn't be against tabling this for a period of time. I think
Lhis is an important thing. I realize that it may interfere wiLh ProPertvrights- gome of the owners in this area but lhat hapPens in many cases in
the zoning ordinance. For instance on a Iakeshore lot. In an effort Lo
preserve the lakeshore, I am not allo*ed to build *ithin a certain distance
of Lhe Iakeshore that I want to the lake. The effor! there is an attemPt
to lieep the entire lake looking like a develoPed lot. ft's an effort to
offer the community something and to preserve the lakeshore. The basic
philosophy of this protection on the bluff area is an atLemPt to Preserve
the natural area itself because it is subject to deterioration. It's a
sensilive area. I'm sure since you live there you Probably, in heavv rains
and so on, seen what can haPpen in thaL area. The i.nLent is not to destroy
your properLy investment or to Iimit your rights for development. I know
I would be sympathetic to grandfathering or issue the PeoPIe utho want to
amend their homes or so on. The intent here is to make a community efforL
to protect this area and things are going to change here. t"lith these
highways and this development and so on, 10 years from now this is not
going Lo be the Chanhassen that it is now. You yourselves are talking
about subdividing and so on and the issue -here is an aLtempt to trv and
preserve some sensitive areas of Chanhass<,n. I realize that with that
attempt there will probably be some infringement on your ProPerty righls.
IL's someLhins I think that hopefully we can work out in Lhe issues of
grandfathering- But I am not against sPending more time nolifying ProPertv
oHners. If you'1I let me finish. I'm not against noLifving further the
Planning
June 19,
Commission Heet i ng
7991 - Page 46
property oh,ners and having further discussion with this. I fully encourage
any anci every property owner to come in here and discuss this at length.I'd Iike certainly any property owner to be part of this process andhopefully together we can attempt to protect some of the areas of
Chanhassen that are worth protecting. You're fortunate enough to talkabout the view that you want to Iook at. t^le need to change some of the
ways lhat Ne develop these areas or we're going to wind up with an innercity look in this community that I don't think a lot of people uJant here.
Hopeful Iy if it's just a matter of 10 feet away from a bluff line or S feetor 3O feet, many of these things, if these developmenLs are taken orslightly altered, creaLe a lot of giving the overall effect of more openspace and prolecting certain sensitive areas. So hopefully we can do that.The oLher issue, when ne were talking about Cali.fornid. There are severaL
homes here that have washed into the bluff area in the rain and I wasfortunate enough to be out in California in the last earthquake. Severalof these expensive homes were severeLy damaged, at least from what I cansee. E\,en onegi where a great deal of protection h,,ent into trying to keepthese homes up. There's no question in my mind that there are some places
where development is forced simply because of the properly values. Itrequires it. The terrain and so on. I would not think it would be a goodidea for us siLting here on this side, not owning property there, not.tosay that there are some areas there just as a matter of public concern thatthat area, besides Lhe aeslhetic differences, physically should not bebuilL on. That's of course alu:ays up for discussion but that,s what ure,rehere for. Anyh,ay Lo sum it up, I r^rould like to see perhaps more effort innotifying people for continuing this public hearing and I would not berenriss to vote to table this for the time beins.
Jane Niemi: f guess lhe whole presentaLion of this is telling us ashomeowners, we're aII saying yeah. Let,s protect it but this is comins onas a negative rather than a posilive. t,hy not say if you,re going !o ownit, if your obligaLion to maintain, to keep from erosion. lo keep from anddo jt from a positive level Lhan say what you cannot do with what you ownand what r^re are paying dearly for. ...Lax situation is not here but hJe'vejust been socked with a love]y increase so r think t^re're a1l a little onthe edge and we're kind of don't Hant something jammed down our throats.
We just have...presented in a posiLive thaL since you own this, it's yourobligation to keep erosion from happening then I think it might' go a IiLtIebit better. This is a negative presentation.
Mike Sorenson: Can I say something?
Emmings: Yeah. You haven't told us who you are though.
Hike Sorenson: I'm Mike Sorenson,
Emmings: I don'L know if she did either -are for Lhe record,
tJhy don't you teII us who you
Jane Niemi: Jane Niemi. I live in Hesse Farm,
Emmings: You're burning to say something.
PIannin3
June 1?,
Commission Meet i ng
7997 - Page 47
Mike Sorenson: T knc,w you've already gone through the
buL f am one of thc land owners in the business fringe
Saddanr Hussein of Chanhassen. It says j.t righL here.
how this net,l bluff protection ordinance. First of aIIbuilding this highway out here.
publ ic discussi on
ar ea " f'm the
I was just wonder i ng
uhen they were
Emrn i nss : uhich one?
Mike gorerson: I got Lhe letters.
Emmi ngs :
bottom of
sonret hi ng
That's because your property is affected because you're
Lhe slope but we wind up doing t^rith, the business fringe
u;e've tal ked about many times, l.le've rezoned it.
know tha t
referring
at the
area is
front page
Lo?
Mike Sorenson: I seen this article in the paPer,
article in the paper saying how, you know the one
you
1'm
Emmi ng::: I don'L know. t^lhat paper?
Krauss: That r,ras abou! a year ago. At least a year.
page article. I have it at home .Hike Sorenson: t^lell it was a big fuII
Maybe 6 nronths, a year or so ago.
Krauss: I Lhink it tras the last time we discussed it.
Emmingrs: I,lhatever. t"le've looked at it a number of times. Ne've rezoned
it several times. !^le've fooled around urith it and tle've just never found a
satisfactory ansHer. There's a number of people on the Planning Commission
who think there shouldn't be any commercial development on that Property at
aII. There's a number here tha! think yeah, maybe Lhere are some low
intensity commercial uses that urould be appropriate there so we're having
those kinds of discussions and you'II be notified when there's more...
Hike Sorenson: okay. Like I say, our concern is People that ourn the
property in there is like Pat. He's trying to seII his and me, I'd like to
finish developing mine. I'm kind of in an area where I don't know where.
Mike Sorenson: Highway 5. Culting trees down. Taking up you know and in
thesa types of areas, this is whaL has to be done. If you have Lo build
buildings, you have to remove trees. You have to remove vegeLation. You
have to remove things. I'm not opposed to not doing it and I'm noL opposed
but I did buy some ]and and Pat Blood here, he's my neighbor down there. He
bought some Iand based on a zoning Lhat the City of chanhassen Put in
effect. l^ie didn't buy it Lo look aL. tJe bought it to develop and to build
buildings and things like this you know. And I was iust urondering how, I'm
asking here. I'm not getting up and I'm not ranting and raving or nolhing
Iike Lhat. I was just curious to see what the city of Chanhassen has in
mind for the fringe areo'.
Emmings: That's gojng to be a separate discussion. tle don'! know.
Planni n3
June 19,
Commission Heet i ng
)997 - trage 48
Emmings: Have you got the storage?
where wel,l i ke Sorenson: Yes. I
can go. I came in with
Emmi ngs: f r emember .
Mi ke Sorenson: But anyulay.
have the storage. nnd uoe just don'L knowa plan and it didn't fly at al].
Emmings: The thing is, this is a real dynamic situation. Especially downtrhere you ar-e. But it's dynamic throughout Chanhassen and the reason forthat is, we're going from what was once kind of a rural community to what,sbecoming very much an urban community. It,s just a very dynamic situationand you niay own a piece of property right here and yesterday it wasn,twithin Lhe l'letropolitan Urban services Area but today it is. yesterday youcouldn'! build. You had to have t house in 10 acres and now you can have
15,OOO square foct lots but the point is, whenever you decide you 're goingto develop, you've got to come in and find out what the rules are in effectat that time because those are the ones that govern what you do. Andthere's thaL keeps those rures stalic. The fact that you bought a piece ofproperty under one set of rures, doesn't mean you get Lo develop under therules then in effect. You get to deverop under Lhe rules in effect at thetime vou ask to deverop and it's a risk you take as a landowner. t^Je aII doit- rt's hard down in that area and it's hard in chanhassen today but it,sjusL the ulay it is. I can't offer you any comfort because things arereallv changing fast. t^,e change ordinances just about every time we sitdown and iL's noL because we think it,s fun or lre,re preverse. It's justnecessary. tJell, to get back to the subject at hand. I think a bluffprotection ordinance is very important. r think that Brian's comment onthat one sectioB, Lhat seclion on removal or alteration of vegetation to mesaid nothing. r courd IiLeraIIv go out and do anything on my property thatI r.Janted to do and f it it r^rithin the language that,s on that pase and thatreall.v bothered me because r really uuonder if we're doing anything at allhere as far as vegetation is concerned. But it helps a litt]e bit i.f youdo urhat Brian said but r still think it needs some work. plus number 2,clearing has become cJ.eaning and we don,t really care if they go out andclean their vegetaLion. tle don't want them to clear it. And r think thereshould be specific language in 1404 that says that there r"iill be noincrease of drainage toward the bluff. That no development activity r4illcreate any increase drainage. If there's some drainage there now orthere's some drainage before you develop, fine. That,s r"lhat,s there butyou can't do anything to increase the drainage touards the bluff. Seewe've had some people come in and talk to us and r don't know if it's rishtot wrong but Lhe information that's in front of us is that bluff ,s areincredibly sensitive pieces of land. They're very fragile. That evenputting up a building and having the roof collec! uater and direct it orchannel it or make it heavier toward the bruff can erode the bluff away andthey've had examples of Lhis apparently in Eden prairie. And we're noLonly interested in preventing those situations to protect the bluff,r.rhich m sure essentiallv everybody here would be in favor of, but we alsowant Lhe bluff Lo be an amenitv as vou look tourards iL. you know not justlooking out from it but ]ockins towards it as welr so when, we think oi tog
PIannin3
June 19,
Commission l4eet i ng
7991 - fage 49
Olsen: Sure .
Ernnrings: And geL copies of this ordinance out to everybody but make sure
when you Lalk to your neighbors that you teII them, that you don't iust say
we poy a lot of mcney in taxes. l pay a lot of money in taxes so don't
talk to me about- lhat. That doesn'L help with me and I can'l build .^:ithin
75 f eer- of the ]ake that I live on. That was a good point. I can't my
house wiLhin 5 feet of the lake or stick it over it.
Dick l.lienri: i^lhat if you had 3oo feeL and someone
of it? Thal's the analogy...5 foot setback.
said you can't se.Ll 1OO
ELlson: I *.hink this wc,uld give people a chance
individual parcels and see if it would really be
to take a look at theiraffecting them.
Farnrakes: The analogy tha! I actually made was, if you misunderstood it,
was that the effort of doing that is I am giving up some of my Iandowner
rights in an effort for the community good. f mean tha!'s what's being
asked of me and the question is, that's the only uray ue're going to
preserve sorne of !hj.s stuff. f mean that's it. That's lhe only way you
can Prese, ve -
Dick l.liemi: yy qLrestion was the feasibilily or lack of feasibilitv of
subdividing iL if necessary down the road and thaL's whY using the analogv
of if you have 3oo feet of shoreline and you want to seII 1oo, you've got
some regulation tha! prohibits you from selling that.
Farmakes: It's how it's developed,
Emmings: And the other point is, when I hear you say to me I've got land I
Nant to clevelop on the bluff, all Lhe more imPorLant that I want
regulations on how thaL's done. I don't want it to just haPPen anx eray.
You may have lhe best intentions of protecting the bluff in the world you
know and.I concede that Lo you but you're not everybody and I don't know
everybcdy is going to do it and I think the bluff is a real unique phvsical
feature th3t we have in this city and it's got to be Protected somehow.
Haybe uje haven't done it exactly right here. Maybe you'II come uP with
or 2!? going. fhe old 272. That that area will be left very much with
eEeenti.el l;- n; developrnenL. There wil] be development on the bluffs but
belour that and out into lhe area Lhat the U.S. has there in lhe river
valley, it's going to be kind of left Iooking Lhe way iL does noH or better
if possible. And part of that is making sure Ne don't have development
right up to the bluff. Or like some people like to do and build out over
the edge of lhe bluff, You do read about California. You do read about
mud slides and houses sliding down hills and I just don't think j.t's going
to happen here but r,Je want make, we don't even want the bluffs to be
eroding au,ay. So we think Lhat this is importanL sLuff. Something's going
Lo be passed. I think enough concern's been raised here so that we should
table this for tonight and put it on our nexL, can we Put it on our next
neet i ng?
Planning
June 19,
Cornm iss i on MeeLing
1997 - Page 50
t^,e're goi ng to give you theeome ideas where ue can make this better.
chance to do Lhat by tabling it.
you thi nk
By golly
a 30 foot setbac k
Roman Roo=: Just a cc,uple of quick comments. Number one...I think Jeff'sright on target-..analogy of the shoreline...bought Iand and developed on.
l^le've been real Iucky. If you look at the development b,e,ve got along thebluffs so far, most of it has really turned out quiLe trell. [e,re reallyfortunate. Absolutely fortunate but I think every properLy in designinghis home on how that sat on that bluff was considering...bluff becausethat's parl of what he bought.
EIlson: But if we make that assumption ongoing.
Roman Roos; I understand but we need some control now, and Jeff I agree
1OOZ but- what I'm thinking right now, a typical scenario. you buy a Iot.As a contracLor, Lhe guy hires me and wants me to place Lhat house on thatbluff for the view okay. So r.,hat I do is I go in there and I'll take alook at the contours and ll try to cut that house into the bluff and intothe hillside to somehow make it fit in. To tuck it in the Iand so Lhey getthe vier,:. Give it some isolation. t,,hat you try to do is plant that irouieon that lanci. l,Jc haven't addressed that issue. In other words, f'd comeback to the City and eay here's my site plan, Here,s lhe grading permit
Paul . This is r^rhat d l i ke to do . Now I,m going to change the toe or mgoing to change the top of that roof a liltle bit to accomplish Lhisokay? 9o when you talk about the top of the roof, what paul,s driving atbut u"hat if we rnodify lhe top of the roof because the land will permii itto be done oksy without taking a lot of trees out. There,s just somevariables He haven't addressed yet guys that we have to address and that isin the building process, the grading process, how you tuck a house inthere. To categorically say a 30 foot limit or a S foot Limit, I don,tthink we can say that.
Emmi ngs: Do
Roman Roos:
6,0 f oot .
I think Steve that
Emminss: No, do you think that 3O is too big a number?
is a lot?
sometimes you mighL have to have a
Roman Roos: No, not necessarilylreesn the foliage is so unique,categorically say a number okay.
but again Lhe btuff is so unique andI don'L know how you can just the
Emmi ngs: tlell it's a mrnlmum.
Roman Roos: Yeah. There's got to be some contror. There's no questionabout it but r don'! think we've addressed that issue because there's somanv variables that just a 3 page ordinance r don't think can address it-
Emmings: Paul, do you want to address of the things he,s raised?
Planning C
June 19, 1
Meet i ng
51
Krauss: Llell, you know there is the potential you could go for a site plan
revier.r for an individual house. t^re've always tried to stay away from that.
I mean you want to give the latitude to Lhe homeowner to do what they'd
like to do. We know that this is a sensitive bluff. t^le know where it's
b,een tinkered with aIl hell breaks loose. [^le know Lhat there's ProPerties
thaL are being threatened. Yes there's probably some siLes where you could
sculpt something out in there, although I've got to say that I think you
would be very risky Lo do it. tle know that the tree line comes back a
shorl distance and in sonre places a ]ong distance but the tree ]ine is
usually Lhe bluff itself in many areas and as soon as we starL tinkering
with that, as soon as b,e start excavating it. If you P]ant a house there,you're certainly going to change Lhe drainage going over the top. But
every time we've seen that happen, there's been extreme amounts of damage
occurring. Either it occurs to that ProPerty or it occurs to the trees
down be]ow. They get wiped out as the erosion occurs or it occurs in the
creeks and the rivers that accept aII the sediment and now r^re're being
asLed to clean that up. t,e can't get away with Chanhassen washing over
the hiII anymore. The Federal EPA is suing the Metropolitan tlaste Control
Cornmission to reduce the sediment load, the waste load in Hinnesota River
by 4o"; by the yeay 1996, The Mt"lcc is in turn threatening us to sue, and
they're doing lhis Lo every community in the river valley. t.Je can't get
ar.;ay with that kind of stuf f anymore, even if tle wanLed to.
Roman Roos: I would encourage, I would reaLly encourage the Planning
Commissiorr , mernbe rs of the Planning Commission to take a drive dor.rn the
road. r knox what Paul is saying. There are some isolating cases that are
going t. cause problems. It is not the majority of cases. I can Iook at
eire ry horre that's been built on the Hesse Farm, east and west and on the
far side of TH 1C1 and...you will noL see that condition that PauI's
talking about on a.Imost 95.z of Lhe homes that have been buil't onto the
hilltop. I Lhink we have to have some conLrols but I don't know the ansr^rer.
I cion't knoi"l the...I don't know how you control a contractor going in and
cutting and putLing a house. I'm iust saying there are some remote
situat ions that we've got a problem r^rith. Paul , I agree 1ooz. ['le've been
very fortunate.
Emmi.ngs: You don't want to lake, our attemPt to control or prolect, really
to protect the bluff isn't in any way a criticism of any PeoPle here or
development thaL's taken place to date excePt for a f eul mavbe, but
generally speaking the 952 we agree with you. It isn't a Problem but those
properties probably wouldn'! be affected bv our ordinance anvwav. Maybe
they urould have fit in the ordinance anyway. tlell, and they're going to be
exempted so f don't know if it's a Problem.
Rornan Roos: I'm just saying there's got to be more study.
Emmings; I don't agree with that I guess r The only other lhing that
f !4ant. I don't want more study. The input from People who live there.
If you have specific things you want to say about the ordinance to us' r
think we've got to lisLen to that before u,e Pass this onto Lhe Citv couircil
but other than that, there's not going to be further study in terms of
Planning
June, 19,
Commission Meeti ng
799f - Page 52
le orthink
But. Lhey may have an undevelopable piece
ccnsulting
Iandor,lners.
BatzL i :
examples
PE OP
I
looking at property. But we do want to hear fromwe've exhausted this.
Eut I think I wou.ld be interested if people came inas Lo what we're doing how, whatever f'm trying Lo
hc:^r is it going to impact their ]ots? l"Jhat is this
ElIson: A before and after analysis or something.
Emmings: t^,ould it have made a difference in the
h,ith
say .
goi ng
real
In
to
life
do?
way
of
they developed it?
property and they mayBatzl i :
say.
Emmi.ngs: : Yeah, that'd be useful .
Krauss: tJe're going to have some, well there's some vacations in thedepartmenL.coming up and hre want to give people enough time to come .in andsit down with us and ure can 90 specifically over their property. Thegentleman r.lho has 11 acres, He may or may not have an issue. He may ncthave anv r'ight to develop that property because of other ordinances rightnow t,ut. r.ie'ci Like to be able to sit down and explain that to him. tthatwe'd like to do is if you hold this over, if you could hold it over to thefiret meeting in August and then that will give everybody enough time,
Emmings: okay. And in the meantime you'l.l send a copy of the ordinance toall th€ owners of propertv on lhe bluff. And ask t.hem in a leLter to tellus how it affects their property, particularly undeveloped property.
Because it's not rea]Iv going to affect developed property that much exceptto the extent that vou have plans to subdivide. Now we'II need a motion totable this,
Batzli: f move that uJe table thebluff Iine protection ordinance.
Zoning Ordinance Amendment to create a
ElIson: And I'll second that motion.
EIlson: You'1I get a rroti.ce.
Batzli moved, ElLson seconded to table thecreate a bluff line protection ordinance_
moLion carried. The item uas tabled until
Jane Ni emi: Ausust when?
Zoning Ordinance amendment toAll voted in favor and thethe first meeting in August -
Emmings: The f irst t^lednesday .
I mean that's a ]ot of people, Other
Emmi ngs: I don't know.
Roman Roos: ,,.mi]es of bluff line.than the golf course.
l4rauss: See in a way, in the worst
books helps you because then we can
It's not developable. Don't charge
Commission Meet i ng
i1?1 - Page 53
Uc ,;usl got it tonight.
oh no. This was in the
sort of way having an ordinance
mainLain that you can't develop
me.
Lle haven't had a chance to read it.
pac ket .
ElIsol: And sl-: said she got 15 caLIs.
Ernning:: They goL a lot of calls and people said it sounds great.
Lee Anderson: l'1y thing is I got a kick out of when the assessor cafl're outlast y.ear and he gaid...raised the value !s125,OOO.OO on the ]ot... It'sIike I'n goin3 to get you and he did. Now if part of that goes away, I
wonder if he'11 understand that part
Ellson; Look into iL. Does it 90 away?
Lee Anderson: I didn't like the aLtitude when he arrived. I'm going to
Emrni ngs: UelI, who likes the assessor?
Lee Arrlerson: Yeah but when he says, I soaked your neighbor for just as
rnu.h ji r;"- like-
Ernrning:.: By the r,iay, the person ulho said who Iikes the assessor was Brian
Batzli fcr the record.
Krauss: There js an issue u'rith assessors. tre lry to 9e! lhem to talk to
us anC not asgess ueLlands, not assess bluffs.
Ernrri ng:: They shouldn't assess bluffs. They shouldn't assess the property
of your: t-ha:'s on the slope.
Rcnan Roo:,: . -.addiLionaL assessments for my land.
Emmings: For land that you could never develoP?
Rornsn Rooe: Cn Lhe slope.
on the
it.
Emmings: I want to get out of here. Let's get back Lo order here.
of the Pl ann i ngAPPROVAL OF HINUTES:Chairman Emmi ngs noted t he f,li nutes
as Presented.Commission meeting dated June 5, 1991
CITY COUNCIL UP DATE:
Emmings: I don'L want you to read this to us. Is there anything on here
people uranL to talk to PauI about or that Paul, you especially want to
br j. ng to our attent.ion?
Eatz I i :
Emm i ngs :
PIanning
June 19,
Commission Meeting
7991 - Page 54
Batzli: This Has?
Emmi ngs: The report r.Jas.
Batzlir tlas it?
Emmi ngs: gure,
Batzli: t^JelI r didn't read it. Are accessory structures grandfathered inif you've already. got them close to your lpt line?
Krauss: On the b]uff, yes.
Emmings: Sure .
Krauss: rn fact r can show you one accessory buirding on the bluff that'spretty soon going to be over the bluff.
Batzli: l^lhat about if it's not on the bluff?
Emmings: Make sur-e you take pictures of it.
Krauss: UeIl yeah Brian. If it was erected before the date of theordinance, sure it's grandfaLhered in.
Batzli: So my sandbox is okay huh? I don't have to move it?
Emmings: This guy uranLs a 1,24O square foot sandbox?
Krauss: That's no joke .
Emmings: That's a hell of a sandbox. He's got a bulldozer. He,s got a D6Cat.
Krauss:
neighbors
Batzli:
Emm i ngs ;
EIIson;
Emm i ngs :
Batzl i :
EIIson:
Batzli:
Krauss:
But he di dn 't r.,ra nt
proper ty ,
I feel so
I'm sur e
it near his house. He wanted it near his
inadequate. I built my kids a 36 square foot sandbox.
it's adequate ,
I'm sorry I missed your corridor bus trip. Sounded good huh?
That was outstanding.
The bus tour? Did you
No, I was in Red l^ling.
Tell us abouL Lhe bus
I u"'r-ote about it but I
guys 90 on the bus tour?
tour br iefl y .
gave it to you Lonisht.
Emmirrgs: I Lhink let's take this stuff home.
Kr auss :
some itemdid run uis going
s uJe
PA
to h
to briefly tel] you what'I gave you tonight. I mean there's
wanted you to know about in general. Some work items buL wenarrative of Nhat occurred on the bus tour and what we think
appen from that. I! was really kind of fun. ft h,as one of
those exercises that I think everybody learned from. It's going to be the
start of a process. [^Je're not sure where Lhe process is going yet but
r.:e're r,:orking orr that now and bre'll come back to you with that
inforrnation. There's another memo on the Minnesota Landscape Arboretum
meeting that I altended and Councilman tJing aLtended. Annette wasn't here
aL the time but I talked Lo the other 3 members and kind of outlined what
happened at that but wrote that up there as weII. There was one other
thing that I wanted to mention and that's Hoon VaIIey, just as an update.
I think you'I] recall that last time I lold you that they had 6 months to
comply, Instead of complying they sued us over Lhe legality of the
ordinance. The Judge upheld our right to regulate them and ordered them to
oblain a permit. Y'ay 25th was the 6 month deadline for them. I'm sorry,
the deadLine r{as going back before that but the Judge gave them, originally
they had until May 25th to submit a permiL. They didn't meet that
deadline. !.lhat they've done is hired John Voss and his firm to prePare
pernrit applications for Hoon Valley, John Voss is a credible Professionalin my eyes and mind and Roger Knutson's eyes. ["le've both wor ked with him
before and we're somewhat pleased to see that they're finally moving in the
righ+. direction. That doesn't mean that Lhey're going to fight us every
step of the trey. You can almost expect that to happen but what we've told
the Jud€,e is fine. As ]ong as they make application. Give the aPPlication
a legiLimate permit in here by June 3O!h so that He can schedule iL for the
first meetirrg in August, we'Il be content not to ask for any injunctions or
anything else, So thaL's the status. t,e'I1 keep you posted on that. That
is bound to be interesting-
Emmings: okay, open discussion on Highway
Is there anything else we can do before we
5 corridor.
ad jour n?
Has laLe a liLtIe
half hour ago but
Arboretum i ssues .
Batzli: hts could chastise Lhe person who bit more,
for .Emmings: Yeah, we could have been done a
ElIson: Considered it chastised.
Batzli: Thank you for showing up actually. All of us becuase otherulise we
r.;ould have had a room full of reallv unhaPPv People.
Balzli moved, EIIson seconded to adjourn the meeting-
and the motion carried- The meeting r.las adjourned at
Submitted by Pau I Krauss
Planning Di r ector
AII voted
10:45 P.m -
in favor
Prepared by Nann opheim
Planning Commission MeeLing
June 19, 1991 - Fage 55
CITY OF
EH[NH[EEEN
690 COULTER DRIVE ' PO. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
I,IEI.{OR,ANDIn{
To: Planning Connission
FRou: PauI Krauss, Planning Director
DATE: JUIY 12, 1991
SUBJ: RePort from Director
on Monday, June 24,
actions:
2
1991, the city council undertook the following
t Revised puD development regulations/ zoning ordinance amendment
,"= "pp.or"d on iinal relding on the consent agenda ' The
ordiniice has since been published and currently in effect'
Prelirninary pfat rrith lot area variance and public hearing to
vacate wilio-w Road for Roger Byrne at 6724 Lotus Trail was
treaia uy the council . The Planning Connission nay rec-all that
"t"it ULa reconnended approval of these requests with one of
irre conditions being the- paving of a common driveway- bet\ileen
the ne!, Iot and ttre exisling houe to rnininize erosion into
Lotus Lake. The Planning conmission recoutmended approval of
this action but nodifiea tnis condition to not require the
pivenent of the driveway until Lotus Trail itself was paved'
^st"f f ,.= directed to alk the City Engineer if there was any
;;;= of mininizing erosion fron the driveway without
requiring paving.
Bethreen the Planning connission neeting and City Council
rneeting, staff discussed this natter with the city Englneer'
It was-concluded that there rras really no effective neans of
E"nii":,fi"g erosion and drainage on this -site short of paving'
Therefore, -staff carried forwJrd our original recomnendation
i"-tt" ctiy council naking note of the fact that the Planning
connissiori had Bade a rnodified reconmendation. Ultinately,
irr" city Council approved both requests -with the condition as
propo="'a by staff wtricfr will result in the payinq of .theiiii"r"v. hn" frrtl 20 foot driveway width norna]ly requifed
ior priiate drives witl not be reguired in this instance due
io a'aesire to avoid relocating i fire hydrant, cutting of
trees, and ilrpacting an existing garage area.
Report from DirectorJuly 12, 1991
Page 2
1
2
Amendnent to conditional use pernit to allolv expansion of abed and breakfast at 11G1 Btuff Creek Drive for Anne Karelsrras approved on the consent agenda.
3
Kurvers Point 2nd Addition final plat was approved on theconsent agenda. The long running issue of access into thesite was resoLved prior to requesting final plat approval heldbetrreen. staff, the developer and IrInDoT. As thL planning
Cornmission is aware, this plat will be developea with an oveilength cul-de-sac rather than the loop road that wasoriginally approved. - Final plat approval requiresimprovements to the existing street entranc-e- to provide saferdeceleration/acceleration lanes for cars entering and leavingthe subdivision.
Amendnent to the conditional use pernit to install portablechenical toilet on Outlot B, Uinnewashta Creek- SecondAddition, Minnerrashta Creek Honeourers Association wasapprorred by the Couhcil. The planning cornmission idded acondition to this request that lrould have required the renoval.of tr{o boats that are currently being docked at this propertyin violation of the conditibnal use pernit. nlne'owneiassociation members came to the City Council indicating thatthey nere unable to secure the coopelation of individuais whoowned the boats and requested that the Council renove thiscondition. Upon further discussion, the Council determinedthat this condition should be rernoved to allow the honeownersassociation to locate the toilet on the beachlot, however.staff was also directed to take action independent of thisrequest to secure renoval of the boats.
4. PUD amendment, comprehensive plan amendnent, conditional usepermit for a recreationaL beichlot, and rretland alterationpernit for boardwalk for Ches l,!ar Trails/Craig Swaggert rrasgiven-prelininary approvals by the city bouncil. ii"i" ,.=reratively r-ittle discussion on this nat-ter and those that didspeak were favorably disposed towards this request.
New Planning Staff Menber.
From time to time r have spoken to you regarding the increasingwork load that the planning Departhent has asiurned. I haveattached a menorandum that r drafted to the city uanager outrinin!the responsibir ities with which rre are chargedl r b6rieve it yoiwill take a look at this, you will see that I large portion of or..work 10ad is not directly related to planning coniisiion activity.our responsibil ities to southwest r,tetro trinsit anal the -ieni6r
At the City Council neeting'of July 8, 1991, the following actionslrere taken:
In discussions rrith the City Uanager, we tried to find a positive
$ray of accommodating these demands. we decided we would seek out
a pemanent part tine professional planner to partially off set theloss of Jo Annts tine and also to help us neet our growing
respoirsibil ities. we advertised the position seeking someone who
had a good educational and professional background and cho couldhit the road running on our prograDs. I believe that rre have foundthis person. We have hired Kathryn Aanenson to filI this position.I have attached her resune for your review, but briefly, she has a
masters degree in Urban Regional Studies from Uankato State and has
8 years of increasingly responsible professional experience. Fron
1982 to 1989, she was a Senior Planner with the city of sandy, Utah
which is a large and rapidly qrowing suburb of SaLt Lake City. Oneof her responsibil ities in sandy was preparation of a sign
ordinance, which is expertise I arn hoping to utilize to neet our
needs j.n this area in chanhassen. She is originally fron the
western suburban area and currently lives in Minnetonka.
Surface water Management Program
The Commission is aware that the City is undertaking a surface
water managenent program that is designed to conprehensively dealwith issues of wetland preservation, rrater quality irnprovenent and
storm rrater tnanagenent in our community. These matters will be ofdirect interest to the PLanning Conmission since, in part, we will
develop new approaches to rretland protection and nany aspects of
these plans will be implemented through the developments that youwill be reviewing in the future. For the last three to four
nonths, sre have been going through a process of working to selecta consultant to rrork with us on this large and conplex task. weoriginally started out lrith 16 firns who subnitted statements ofgualification. The city Engineer and I got this down to five firrns
who submitted fonnal proposals. Several weeks ago, an interviewpanel cornprised of members of the City Council, staff and Jeff
Farnakes of the Planning Comnission, held intervierrs for the five
Report from DirectorJuly 12, 1991
Page 3
Citizen Cornmission are good exampfes. over the past thro years uehave also seen a very positive trend whereby the Planning
conmission and city Council are becoming much more actively
invoLved in a wide variety of issues and prograns. These are goingto yield exciting dividends but the uork load associated lrithcorridor studies, surface water manageBent prograDs and the like,is qui.te high. Against this background over the last tlro years,
requests for project approval for new developnent have beenrelatively low and I have long had a fear that as the recession'
eases and development activity increases, we will be unable to neetthe demands of providing you, the City Council and the cityrs
residents responsible levels of service. on top of these factors,I have authorized Jo Ann olsen to go on a four day work week which
she has requested for personal reasons.
Report fron DirectorJuly 12, 1991
Page 4
finalists. The firro of Bonestroo, Rosene and Anderlik uas selectedand we are currently in the process of finalizing a contract withthen. If we are able- to wrap this up within the next few weeks,work will begin on this proj ect latef this sumner.
Staff is looking forrard to continuing our vorking relationshipwith the Bonestroo firm. The planning Comnission na-y not be awareof this fact, but we used Bonestroo to rewrite the ianitary sewererenent of the coroprehensive pran in the last weeks before it was
-approved by the l{etro Council . They were able to do this job in alighly professional and responsivL manner and I belie-ve wereinstrumental in assuring that this area of the plan did not requireany additional consideration by the lretro council staff. we havearso retained the Bonestroo firro to undertake a conprehensive sewerand water rilan that wirr tell us ho!, to provide tiese services inthe newly expanded l{UsA area. They are currently about half waythrough this process.
Highway 5 Coridor Study
A 1o.t of things are _starting to. cone together on the Hwy. 5corridor- study _althoug_h it is ihaping up sonlwhat differently thanoriginalty anticipated. As the nfanning Coumi.ssion i" aw.i", ,"have begun investigati!9 the situation ourselves as evidenced byour recent bus tour of the corridor and discussions with BarryI{arner of Barton Ashmann and Birl trtorrish of the unlversity oiMinnesota yhg agcornp.lnied us on tlris trip. As you are al.so aware,I represented the city at a preliuinary neeting at the LandscapeArboretum where their .concerns regarding devel5pnent inpact werediscus_sed. crorring out of this, t-here i! currenily a prbposal todo a Hvy- 5 streetscape proj ect as a joint coop-era€iv6 effortbetireen the university of innesota oesign staff -(Bi11 l.rorii"h, =Departnent), Landscape Arboretum and the -city or chanhassen. Thereason for this effort- is not onry to bring Logether parties withunique expertise in this area but arso to hlve thd universityundertake a uaique and_ groundb-rgqkinq conputerized noderin! of thecorridor so that the effects of diffeient ieveropnents in aftierentareas can be exanined. The final work progran 6n this project hasIei to -be conpleted. However, I an including a menb fron DonAshhror.t-h-, city- Manager, to the Housing and Redeveiopnent aulfrority,who_ wi.11 be. hopefully ^be paying ftr the cost of this stud!,outlining this project, for you. rLview. rt is antitlpalJ that asthis . study cones toget-her., they wirr be working witrr -trre pr-inninqconmission on its cornpletion. -Also attached tJ th;-Aiiv ui"ige.,=Demo, is information- concerning. geograph!c iniorniilon --systen
software that rre are rooking at -incorporiting into "iii-p""g."r=and procedures. This has been a long r.erra goJr of nine -aiwelr asother departnent heads and the city l,lanager. rt cones at an idear.tine since r.re are obtaining computelrized -data base with the surfacerrater utility progran as well as potentially fr-rn-iil;"y. 5
Report frou DirectorJuly 1,2, 1991
Page 5
corridor study. In addition, this tlpe of GIS system will provide
for a much Dore responsive and effective city government in
virtually all areas that we are actively involved in.
CITY OF
CH.TI{H[EEEN
690 COULTEB DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
!{EI{ORANDT'I,I
To: Don Ashuorth, city t[ailager
FROU: Paul Krauss, planning Director
DATE: June 13, 1991
SU&r: planning Departnent Responsibil ities
over th-e past two years' the planning Departnent has become activein a rcide. v_ar_iety of related activitie; that are in essence newrespons ibil ities for our departnent. rn addition to the nornar.developrnent review and permitting programs that rrrere undertaken inpast years, we have been involvea witfr the following:
1. Our permit revj.ew process has become nuch moresophisticated. Each building pennit is suUj eci to arigorous review, including ref5rence to subaiviiion filesand conditions attached to approvaLs, requirernent offinancial guarantees -a" appropriite, review 6i "iie-pransto check for compliance wittr cod.e and with 'city
approvals .
2. We have deve).oped an extraordinary number of neu andimproved ordinances to enable the- city lo-cope"wittrexpected growth over the next tuo yeirs. frhat isdifferent frorn previous staff operatiois in this iegara. is that nany of these ordinancei, in fact ,o.i-"f-in"r,are developed in-house by planning staff. We trive notused outside consultants for thes6 ordinurra"a .rra-naraninirnized the use_of .the City Attorney's titre, ,irl"n for.the most part is lirnited to -review .ria tir," -idi"g:
3. planning staff has becorne more active in Hne prograDs asevidenced by_ !lr" recent conpletion "f ,".x -Jrr-.t]iJ
"nrdowntown traffic sludy. We have also been invofvea initens such as design reviews of various .."i, li tn"comrnunity and the location of uses i; ih;-p"th ofdeveloprnent activities.
l,Ir. Don Ashworth
June l-3 , 19 91
Page 2
4. we have recently conpleted an intensive work effort onthe Comprehensive Plan, which reached a successful,fruition several weeks ago.
5. we are continuing to undertake the developnent of further' refined ordinances and neu planning initiatives. Theseare allocated by staff to individual staff members below,but include such things as the surface Water UtitityDistrict Work. Progran which will require a very largecomnitnent of staff time over the next few years, aHighway 5 Corridor Study program, the sign ordj.nance' proqram and sirnilar efforts.
6. The Senior Comrnission is an entirely new body with staffsupport provided entirely by the planning Department.
These significant and growing comrnitments of staff tirne are placinga siqnificant burden on our ability to adequately undertake thesevrork efforts. I also wish to point out that we have undertakenthese growing respons ibil it ies against a background whereby newdevelopment activity has been relatively nodest due to therecession and the lack of available serviced land within the MUSALine. Based upon contacts over the tast three to four months andthe slight improvernents in the national economy, $re expect this to
change significantly over the next six to twelve rnonths, which willfurther burden our ability to cornplete required work. Thefollowing is a break down of extraordinary conmitments of stafftirne:
Paul Krauss: Hi ghway 5 corridor Study, Surface water UtilityProgran, Minneso ta River Water QualityCouncil, p
Resources
Program,
robable appointment to the
Wetland Rul,es-Making Task
Southwest Coalition,
Task Force/Metropol itan
Board of SoiI and WaterForce, Sign OrdinanceSenior Center and Housingcarver County TransportationFeasibility
study.
Study, and Eastern
Jo Ann Olsen: Senator Durenburgerts Wetland Committee,Wetlands Forun, Recycling program, expected conmitment to theHighway 5 study, l[innesota DNR Experinental Tree ReforestationProgram, ECO Comnittee, undertaking DNR Shoreland RegulationImprovement Program.
Sharmin AI-Jaff: Senior Center and Senior Housing FeasibilityStudies, southwest Uetro Transit.
POSITTON:
DEPART}TENT 3
iIOB DESCRIPTION
CITI OP CEAITEAAAEN
Planner fI ( pernanent part-tine)
Planning DATE: June, 1991
OB.TECTIVE AND ACOPE
This position requires a moderate revet of professional expertise,education and experience that wir.l enabre triis inaiviauaii'o r."or"an integral nenber of the planning Departnent and its projrir=.
RE TIONS IPS
Reports To: Director of planning
APECTFIC RESPONSTBILITIES
1. Work with developers on developnent review process. carrythrough with reports fron the 6onception or -trre a-evlropnentthrough to the planning Comrnissio-nTcity Councfl -il;;;;;i
stage.
2
3
Support Planning Departnent effortsconplaint response.for code enforcement and
Provide back-up and faroil iarization with the City building andsign permit review process.
undertake grading permit and conpraint review in cooperationrr:.Ert rhe Engineering Departnent. Assist the EngineeringDepartnent on other nattels as requested. --- ---r-"----":
conditional- use permit annual review progran, includingrecreati-onal beachrot annual review curreittf anticifi[ea."'
Provide staff support to the Surface Water Utility District.This position nirl be responsible for stilt ettort, una".iir.enin support of consultant work aesigneJio nininize air""l-"it,:xp9l?e from this progran. work itens n"y intluJ"-;.;;i;;faniliar uith and underraking lretrand tvpi"i,-iile "i=iiI*ii.,tsiroilar nork.
Undertake the developnent a -new sign ordinance in c6njunctionwith other staff nemier= ana i wo;il'g;;6 for adoption by thecity.
Provide support for on-going planning programs in the forn ofassisting in devetop-n9nt 5t graphic!- ,lt".i.i=. --- RA;I;;updating of zoning anh conpreheri=ive pfa" naps will become the
5
6
7
8
responsibility of the Planning Department. Graphic support ofother Planning Departnent activities.
9. other duties and special projects as assj.gned.
REOI'TREUENTS
A degree in planning with a preference for a I'fasterr s Degree and aninimurn of two to three years practical experience. AfCp
membership is desired, if not essential.
KATHRYN R. AANENSON
16512 Eagle Ridge Drive
Minnetonka, MN 5S34S
Home (612) 931-0941
EDUCATION
EXPERIENCE:
1985-1989
As ate PIa nner
1981-1982
SPECIAL SKILLS
Sslqdryt, IrU_T-tnO Regional Studies, Mankato State University, Mankalo,
Minnesota, March 1982.Awards: U.S. Department of Education, Title IX hlblic Service Fellowship
Eaebelrl- gi-Sclrlce, University of Wisconsin - River Falls, River Falls,Wisconsin, June 1980Major: Metro Regional Studies
JournalismMinor: Political ScienceAwards: AdvanceFoundationScholarship
SAN'DY CITY CORPORATION, Sandy, Utah 1982-1989
Senior Planner
lupervise the Strategic and Long Range planning Section of the Communiwuevelopment Department. Responsibilities working with Citizens groups',Planning Commission and City Council. Making prEsenrations and p;rlffi;
support to city officials and citize_ns groups as requestid. ereparing secti6n bualei
S^q.-f:I]lg in ,t}re Capirar Improvernent plan. Rewiiting-of Oe iiti;i
?:y.lgp.:nt ,Code^and updating of elements of the Com[rehensive plin,
lncluding rhe Civic Center and Auto Mall Zone.
Hired as an Assistant planner, promoted after one year to Associate.Responsibilities included processing ipprications for alr commerciar aereropminiand rezoning, _.annexations, conaitioiral uses, business licenses, Aoaid oiAdjustment applications and code enforcement. ionferred with otf,., d.panrins,public and-developers regarding tand use.development. *ovided ,rpion io if,,iPlanning. Commission and City Council gatheiing planning information andformulating staff recommendati6ns.
CITY.OF W_OODBLJRY, Woodbury, Minnesota
llanrinp and Administralive Intern'
Responsibilities included working with the city staff, city council, parks and
Il:lllg_.!:ryis,sion, devetofers _and_ rhe' pubtic ifi poticy 'formation,
lmplemenhtlon and intemreration. Developed a Housing Maintlnance Code,Policy Manual, Trail poliiy ptan, park pl- 5;;g;,-ir;iJper,s Agreement withCity Ordinances.
Strong written and communication skills- including research, public speaking,conducting meetings and conflict. resolution - tt iorgf, n"gori"tion. 'Strorij
leadership, organizational and technical anA statisticat-iniormation.
REFERENCES Availableuponrequest.
1982-1985
LCITY OF
CH[NH[ESEN
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
MEMOR,ANDI'I.{
TO: Housing and Redevelopment Authority
FRoM: Don Ashlrorth, Executive Director
DATE:
SUE].
JuIy 11, 1991
Highway 5 Streetscape Project, Joint Cooperative
Agreernent - University of Minnesota,/Landscape Arboretun/
chanhassen Housing and RedeveLopBent Authority
The idea of the streetscape project started over sLx nonths agothrough goaL setting sessions uith the Chanhassen City Council. Itvas the Councilis intent to assure that our Highway 5 corridor rrasnot only planned in the best nanner possible, but also developedin a nanner to be sensitive to the exlsting environnent, ponds,hil1s and character that Bakes Chanhassen unigue. The use of aItstreetscape nodelingrr technique is not new. This technique hasbeen used rrith extreme success nation-wide for nany years. Thetechnique is one in which several pictures are taken frorn onelocation, blolrn up, and nounted on a board to give a 18Oo panorama
frorn that point, i.e. camera shots looking both north and louth atDelI Road, new TH 101, Great Plains Boulevard, Market Boulevard,
A joint tneeting of the Planning Corn'nission/ERA/City Council
occurred on saturday, June 8, 1991. I believe those who were ableto join us on the bus tour found the norning not only eirjoyable,but also enlightening. Hore decisions rriLl be nade affecting thelong range imagery of Highway s,/Chanhassen during the next thro tothree years than have been nade in the last 100. Highlray 5, itself,will be a najor part of the overall changes. with the conrpletionof DeII Road in the next year, developnent piessure on both the
Eden Prairie side of that intersection as well as the Dataservproperty will be intense. One year fron today, the Taco Shop/Red-
E-Mix plant/apartnent building/Bongard house will no longer exist.The roadway Lri1l create inmense ner., parceLs for which decisionswill be nade as to whether such uill becone reusable conmercially,
be ponding areas, or open space. The HRA has or will have controlof nearly one nile of highway frontage fron Redmond Products to therailroad bridge, with the exception of three or four businesses inthe Great Plains area. The area from Audubon to Highway 41 is ournew MUSA area and, accordingly, uiIl start to see irnmense
developrnent pressures.
Hous inJuly 1
Page 2
g and RedevelopDent Authority1, 1991
county Road 17, etc. The photos. are typically overlaid vithvarious types of developnent which give a-very iipressive visualinage of alternative developnent schenes, i.e] Uuifaing into thehill versus ienoving it, leaving tree vegetation versu3 ienovaf,etc .
D]]riIl9thepastnonth,staffhasbeenworkin9vithBarton-Aschnann,the University 9f Uinnesota and the Landlcape Arboretum tn aneffort to detemine how we.uould proceed to the next step with this..project. The photo no-unting proless could easlly ue aiconpiisu.aby Barton-Aschmann. However, newer technology Lxists. i& tfr.past two years, the University has been putiing into place thehardware and sof thrare. necessarr to conputerize a pioject iir exactrythe sane fashion as.is being envisioned in charihasien. r" ia.iiour tiuring is ideal in that ihe university./Arboretu, are slering iconmunity to serve as a ntest casen whl-ch vilr prove trrit tu"technology they ha'"e developed is applicable tn thE rrear worrd,.
I-tr:-c?mputer.nodeling prograns are p-c-based and eould Ue c-nlatiU:.ehrJ.th.the equipnent being purchased as a part of our vater risourceproject (see attachea rLplrt;
Although -a final proposal has not been developed, an lnitialestinate by the university would estinate that pioj6cr "ostr ar"anticipated to be approximately S5O,OOO for this -proj ect-.- TheproposaL would be seen as a cooperative joint powers-pr5iect uhichwould be divided egualry between the rinascapE irboretun,unive,rsity and city. As niny of the intersectior,= ir" ,i[rri" tt"HRA district and of.prinary inportance to the Hna, stafi wouldrecomtnend that the cityrs share be paid by the HRA.
I-t. is .simply lot physically possible for De to have theunivers-ity r_s. equiprnent brought-inio our next neeti,ng. r cin-statethat the five or six observers uho r took vilh ne io theUniversity, all were hi-ghly inpressed vith the viiuai irig." tt"t9in. !e placed onto ttre_ computer. fn esseltce, the conputerdigitizes each of the photos wlich were traaiiion-Jry-ti"*i-ip ananouhted on the foam boards. The technorogical crran!3 rs -itr-ai
eacrrof the different arternative developroent 6ptions cii-u"-rea-iiwn uythe computer in seconds versus the nlnual trturs vtricn ,...-i"Erir.afor the various overlayr;
Should the HRA -agree tha-t thls -is a proJect worth pursuing, staffyg!19 _.::gyend approval of the srieei.scape conc-ept wifh staffr'nstructeal.to creveLop a. specific joint powers agreene-nt betueen thethree parties at a cost for the city 1-m.n1 nof t" "i"L"a Sio-,ooo.
b-- A.l*uv,tJ'l-lr*
Hartley AssociatesQ
fidB Arat tlir, Rarey, S{ sGB Gtsa 61241 -ZflA -:frolessimal llanagenEnt Servi:es
Jul1'3, 1991
Mr. Don Ashworth, City Manager
City of Chanhassen
690 Coulter Drive
Chanhassen, N{N 55317
Dear Don,
I am enclosing the report tJrat you requested. I hope that it is along the lines ofwhat you
u'ere expecting. If not please let me know. As you can see I kept it briefbut attempted to
give you the "Big Picture" view of both the process and the system usage.
Since our discussion on June 28, I continue to be more and more excited about the
potentials for Chanhassen. I recently rediscovered an article on imaging that I read last
suruner and thought you would enjoy its intro. Here it is...
"One picture is worth ten thousand words." When Frederick R. Barnard said
this in 1921 life was simpler than itis today, and the information age had not
yet begrrn. Nor,r' u'e are deluged with so much information people uill proudly
tell you how they skillfully avoid reading junk mail, completely digest the
morning paper (including the crossword) on a 15 minute bus-ride, and auto-
matically tune-out both TV violence and commercials.
This is not just a media problem; it's an engineer's worry. If you cant get
people to understand your project, they can't Eupport it. Furthermore, if
opponents do a betterjob of convincing the co'nmunity that your project is
unnecessary or unr*i se, then no matter who is right or wrong, or how good the
project really is, it will probably end up on the shelf.
But engineers face a contradiction. Environmental regulations require large
doses ofpublic involvement in the project planning process, and the produc-
tion of bookshelves full of reports. At the same time the public's appetite for
information is molded by the media, which are moving in the direction ofnews
bites and 15 second political platforms. This is the problem we faced with the
Don Ash*orth
Citl of Chanhassen
Page 2
Dale Hartley
Management Consultant
Encl.
cla'ey River Project: we had to help people understand tbe project.described
in Iive million words on ten thousand pages of engineering and environ-
mental reports....
I l*ill call after the holiday.
Sincerely,
Tools for the Future
Automation u'hich utilizes computers, programs and processes are or should be a
means to yet'a more important end. That end or ultimate objective in Chanhassen
is to grou', manage, and maintain a community with a vast array of services and
people. Computers aid in this objective by performing tasks that are repetitive and
in some cases make possible tasks that were before believed to be impossible.
Computer hardware and software become the tools useil by the people to deliver the
services, aid in decision making, and define the future of Chanhassen.
\4lhen used as a personal productivity tool, the computer can enhance the
productivity of an individual or a small group of individuals. As with any tool,
discipline and tidiness enhances the effectiveness of the user. However, when the
organization uses a computer as a productivity tool, procedures and discipline
become far more important to the point of requiring a process.
The process should involve several steps illustrated on page 2 and outlined as
follows:
Planni n g Phase (Current)
The success of any project depends gieatly on this phase; by clearly
identify'ing a Project Team and gathering sufficient data to evaluate
feasibility and set realistic goals, this project will be a success.
DecisionPhase
Once the decision is rnade to proceed rrith the project, the project team
should announce to the staff and others to be affected exactly what is
proposed and how they will be affected. This relieves the tension of the
unknown and primes the pump for ideas and suggestions needed in the
next phase.
C.;oordination Phase
This might be viewed as the second planning phase and can take place
during the first Planning Phase through the Adaptation Phase. These are
the tasks that keep the project on track and assure ongoing success.
Implementation Phase
Although this may be the fun part of the project, continued discipline and
attention to detail are essential.
AdaptationPhase
Sometimes overlooked, attention to this phase can turn a so-so project into a
benefrt to all those affected.
Hartlel Assxiates
Prolessional Management Services
Page I
Idea Phase
This is where the project or idea gets its start.
CITY OF
CHANIiASgEN Tools for the Future:
"The Process"
Coordination Phase
llcv.top.tfA ol hplmarfaliin r'ar
O)iec{iw Olar6
Total plan
Corlsdtatio.r
DrssorniralitrT.idt
Baheer-3rL
O,ttqrstalir! grq.E
tlsct ssio.lArrEqt
Mbdiltcation,ll;ihg
I tia lrdt!
Foti:rhocrdrm
Furlciirin
lmplementatlon
"Do lt"
iilo.ilo.ing
iilodilicrlion
Problern solviro
Prodrrclio.r dtp -
Prooress reporl
Adaptation Phase
ironhdihe
Lea.nilrg Crrvc
Supervision
Evi*raton ol otrfconrc
lmposilioi ol sanc,liorE
lH lo. Su.l6 W.tcr i/brrotrGnt
Fesanb opo.ttrrly b begir tro alrac{lrrc
116. ot GIS .rd lmqc C.ptt a bdrirology.
Planning Phase
ldonlit iorm
Co{6c1 irprn
Detne ,oble.n
Dalrre chanoe rrtionrb
Detuie goeljaid
otiec{ives
Dcvelop rrod€ls ard
syst ns
calalooue re3orrc!3
EstablBh tine lrarfle
Cullivole srd detine
lo6derihip
lnkoduco lt|e loam
Deline lhc audrsncs
Hivor lhe lrlcasrlc
-t{hat eractly o brirng
-chengnd
.The bertQfils I fimndirns
Uorllily R.6ou.e3
Eslauish limetable
DtscTibc'how
Accepl Mbat
Coosider optrcns
lncorporale audionca
ileas
Sgnal .ecrirt ol iroG
Decision
Creocral Annorrrcornonl
I I I I I ll I I I tl Page 2
II
Hartley A*corliorteo
P?olessionel Managemenl Se begltt
ldea Phase
lnst'tuli,talizalion
llewslelters
Sttdard ,epo,ls on
stat s
Systdric ediustmonl
to ripple ellPcts
I I
Thehoject
The need for improved automation was brought to the attention of the Chanhassen
staff because of the need to manage and protect the wetlands in Chanhassen.
Current computers and softvrare have served as personal productivity tools in thepast and only recently has this equipment been connected electronically via
network cables. Additionally, many records are maintained manually and without
the aid of automated systems.
The objective ofthe project is to extend the use of computers as a productivity tool tothe entire organization. The table on page 5 illustrates how some, of the
components *ill affect individuals, departments, and the organization as a whole. -
Initially, specific elements to be added to the Chanhassen system will be:
Geographic Infonnation System (GIS)
Includes Computer Aided Desiga (CAD)
Hardware
Computer
Additional computer memory
200+ MB Mass Storage
Wide scrgen Display
Acceleralor card
Graphics driver card
Digitizer driver card
Digitizing lablet
'Digitizing table
'Pen Plotler
Hardwale
Computer
Additional computer mernory
200+ MB Mass Slorage
CD ROM driver
D€ital Audio Tape Drive (DAT)
Wide screen Display
Accelerator card
Graphics driver card
Video driver card
Videographic outpul card
Sound capture and output card'"2 NTSC Monitors
Video overlay & editing
controller
"'Video player and recorder
"'Audio mixer W speakers
"'Sound recorder
Slide and llatbed scanners
' Optional but highly recommended." Optional improves perlormance."' May already have these ilems.
Hartlel; Assxiates
Professional Management Services
Sotlware
Digitizing Driver
Coordinate Geometry (COGO)
Cornputer Aided Design (CAD)
"Mapping
Translalor lor imporl or exporl
Contour or terrain nbdeling
Se rvlces
Digilizing hall seclions
Digitizing contours
Design ol inlormalion layers
Plotling
Maintenance
Training
llfirltimedia Pr,oduction System
lncludes Image Capturing
Sotlwere Selvlces
Scanner driver Slide prinf ing
lmage capture & edil Color printing
Drawing and ediling Pholography
Chartlng & Plo ing Maintenance
MIDDI intedace Training
Frame sequencirE
Translators lor graphics
Page 3
iaqes 6 and 7 illustrate the configuration of these systems. Although the GIS andl\Iultimedia applications rep-resent the greatest amount of hardu'ale additioni, aconsiderable amount of coordin-ation, disiipline, and training are necessary to ruttiimplement the full suite of apptications shown on page S.
Hartlcs^ Assorciales
Prolessional Managemeni Servicgs
Page 4
lg $rrrnrngly;
Purchasing softu'are and hard*'are alone will not accomplish the objective ofproviding th-e needed tools to mold the future of chanhassen. A well th-ought outplan and a fu_ll complement of tools will, however, equip the service provilders ofChanhassen for tomorrou'
Predicted Use of Computer Applications
v
3
A Regular use.
O Access bur lighr or liule use.
Basic Computer Aoolications
$/ord h'ocessing o a o *6 *t
Spread Sheet I a a o o *a *a o a
Electronic Ir4ail a a a a rl a *a rl a **
Dau Base o a *t o a rt a o a o
Graohic and Desisn Aoolicaticns
Geographic Information System (GIS)a o o o
!4gilitv l\'lanagement System (FMS)a *o o
Compurer Aidid Desigri(CTDJ a o
Imape Capture rt a o I
I,luhi l,ledia Producrion a a o a
Publishing and Clerical Applications
Forms l\'lanagement I o a a
Training o o o o t a o o o
Desk Top Publiihing o a o o a
Optical Characrer Recoenirion o o o o
Finance Applications
Accountins (Budcedne)o o o o o o a
Investments o o a
Urilirs Billing o *a a
Parroll rt *o rl
Olher Applications
Proiect lvlanagement o a *a o o o
Property Records t *a o *a o o o o
Public Access To Information o o o o
Personnel IUanagement o t o o
Vehicle N{anapement *a lt o o o
Snucrural Desipn o a o
Computer Svstem Applications
Operating Svstem o o o o o o o o*o
Nerwork o o o o o o o rl o
Telecommunications t *
Netu'ork lvlanagement l.
TIIIIIII II
IIIIIIIII
IIIIII
IIIIIIIIIIIIIIIIIIII
I I IIIIII IIIIIIIlr
IIT I IIrII
II IIIIIIIIIIII
IITIIIIIII I rITIIIrIIIIIIIII
III
I
I II IIIIIIIIIIImlIIIIrIIIIIIIII
rrl
Hartler Associates
Prolessioial Management Services
Page 5
Geographic lnformation System
Estimated Cost $20,000
Pen Pbtler
Removable
disk
Digitizer
Oiiver Caid
Dhillzlno
lablet -
I Compuler
w20+ MB RAM
20o-MMe
inlernaldisk
Ac:celeral,ol
G:aphlc driver cad
Harllet Acsorlioret
Pmlesaiorial Management Selvlces
trtt I I tl I I I II
Dioitizlno
Iable "
i
Page 6
I
Removable
disk
CD-ROM
Camcorder
NTSC Monilor
NTSC Monitor Computet
wZo+ MB RAM
300-Mbyte
inlernal disk
Viileo
Digiliz s
DigitalAnalog
Tape driv€ (DAT)
vid
otl
caplure &
ut card
SliJe scanner
Sound lecorder
Audio mixer
'Since Chanhassen already owns a Video playe(
Video recorder and Carncorder a realistic cost lor
hardware may be as low as $25,000 especially il
audio mixing is nol needed. Expocl soltware lo cosl
an additional $2,000 to $5,000.
Vileo weday &
ediling conlrollel
rd
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Plolessional Managemenl Ssrulcas
REVTSED JULY 12, 1991
ONGOING ISSUES
comprehensive Plan Issues
1.*1995 Study Area (North)
and Hhry. 5 Corridor Study
2. 1995 Study Area (South)
OTHER ITE!,IS
1. Btending ordinance
3. * Bluff Protection
ordinance
4.* Sign ordinance
5.* Tree Protection ordinance
Mapping of significant
vegetative areas
STATUS
1995 Study Areas - I{ork effortto begin after adoption of newcomp P1an. Council isrequesting that this be
conbined with a Hny. 5 corridorstrdy developed by a joint
PC/ cC/ resident/developer taskforce. Joint PCICCIHRA
Corridor Bus Tour held on June8, 1991. Entering intocontract vith University of
l,linnesota staf f to work withcity on the study.
Inactive
staff directed to develop
scenarios - 1ow priority
Staff directed to draft apotential, new zoning district
ordinance. Fish & t{ildlife and
DNR have agreed to expand
refuge boundary to include allland lying south of Hwy.
L59/2L2.
Draft to the Planning
Conmisslon - PubIic Hearing
June 19, 1991. second hearingin Augu6t.
Inactive/CC has reguestedacceleration of work on newordinance. City has hired
permanent part tine planner who
has expertise in this area.
unDNR conpleted napping progian
and will work with city todevelop. Nev ordinance laterln 1991
2. Rezoning BF Dist. to A2
6. * Rezoning 2\ Acre Lots to RR
Consul tant interviewsconducted. Bonestroo, Anderlik
and Rosene selected. Work ni1lbe started this sumroer pendingsuccessful contractnegotiations.
Schedule public hearingAugust, 1991.
1991
L99t/L992
IN
9 Group home ordinance
Rural Area Policies -
In. January we receivednotification fron the UnDNRthat we are a priority
connunity uith a.2 year
deadline
19 91l inactive
City request to elininatemininun 1ot size requirenentshas been subnitted to MetroCouncil. Approval is expectedby late April . ordinancerevisions required.
Planning Conmission reviened onJune 5, 1991. Schedule onfuture PC agenda.
Adopted by CC. Work continuingon ResLdential pUD standards.
1991/ongoing
10.
11. Landscaping standards
12. PUD ordinance
13. PC input in Downtown
PLanning and Traffic Study
14. Revie!, of Architectural
Standards to pronote HighQuality Desigm
15. Bluff Creek Corridor
Greenway
7.* Wetland Ordinance
8. Shoreland Ordinance
* Change in status since lastreport
CITY OF
CH[NH.[SSEN
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 '
(612) 937-1900. FAX (612) 937-s739
TO
FROU:
DATE:
SUB.T :
llayor and City Council
Planning connission
Paul Krauss, Planning girectot {L
June 20, 1991
Moon valley Litigation
As the council is aware, last year the city passed a new grading
and rniiring ord.inance that contains a provision to a11ow it to be
retroactivety applied to uses such as the liloon valley' Gravel
operation. ltttrougtr lroon vatley was invoLved during the creation
oi the ordinance and in the end, in our opinion, the ordinance was
designed specifically to avoid punitive action on uoon Va11ey, the
Moon-va1ley operator has refused to apply for a pernit as required
by the ordinance. The six nonth tirne period, which was established
ly tfre ordinance to obtain a pernit has elapsed and staff was in
the process of having the city Attorney undertake litigation to
enforce conpliance. Houever, before ite could do so, the Moon
valley operators sued the city to prevent application - of the
ordinlnce. The judge upheld our right to regiulate and dis:nissed
Moon Valleyrs suit, however, the judge then gave t{oon va11ey
additional tine to comply. The date established for cornpliance for
subrnitting an application to the city rras uay 25, L991. Alnost
concurrent with this expiration date, the l{oon val1ey operator
hired a consultant to PrePare pennit docunents. The consultant is
John voss, an individual, with uhom the City Attorney and I are
farniliar with frorn past dealings. He is a responsible professional
who has been involved in sirnilar perroit requests for other nining
operators in the past. we have every exPectation that he rrill
conply with the pernit subroittal reguirements. Therefore, in the
intLrEsts of establishing a cooperative atnosphere, the city
Attorney and I have agreed that lre would extend the deadline for
subnittll to June 30, 1991. Tom scott of the city Attorneyrs
office has forwarded a copy of the letter he received fron Gerald-
Duffy, the Moon valley operatorrs attorney, indicating that he
expeEted to be able to cornply with the June 3oth filing date. This
vould have them cone to the Planning Courmission on August 7, 1991.
IUEMORANDI,}1
lilayor and City Council
Planning Cornmission
June 20, 1991
Page 2
Staff will keep the City Council posted as to the progress or lackof progress on this iten. To date, the responses of the operatorhave been consistent with the expectations of the planning Directorand City Attorney to the extent that they have enployed €actics todelay and nake difficult city action. We expect this to continuebut are. pleased uith the fact that they nou have a responsibleprofessional working with then and hopifully we can mjke soneprogress .
rtritrtt\lts
C.{\lPBELL, KNUTSON, SCOTT & FUCIJE NI
'{tt()ril('\' al L'r\\ ^-; ^" -'\J:: ' { :99i
_',. r !!r L'ip ie4S'{E^
l6l: r {ir'.q519
Fa\ (Ol:\.{i6-ai+'
l-f, :::- I (-,: .:1 -l
F.. :.' \ Lr,.,'..n
Th.:,..,. \1 S- -.
(i.,n ,.,. ! :l .
I,rrr.. R. \\ .,1-i :
Elh,,rt E Ln.t.-1,
Dear PauI:
l1r. Paul Krauss
Director of Planning
City of chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Re
June 13, 1991
Inc.
Very truly yours,
CAI.IPBELL, KNUTSON, scOTT
Moon Va1ley Aggregate,vs. City of Chanhassen
court Fii'e No. 9 o-27 099
our File No. 7266A/2Ol
Enclosed please find a copy of a Letter dated June 11, 1991
fron attorney Gerald DuffY.
P1ease call if you have any questions. otherwise, we can
discuss the status of the Application on or about June 30.
Best regards.
&Ft . P.A.
L*-+u4/l
By:
Thomas l[. scott
TMS : r1t
Encl osure
Roger Knutson, Attorney
\ankr,'e Squ:re Otilce III ' Suite 202 ' 3460 \hshington Drire ' Eagan, l'h- 55112
SIEGEL, BRILL, GREUPNER 8 DUFFY, P.A.
June 11, 1991
Ur. Thomas ScottCampbell, Knutson, Scott and Fuch, p.A
Yankee Square Office IfISuite 202
3450 Washington DriveEagan, Minnesota SSl22
Re:
iIcxaFD srE6aL
JOSTAH E, !nrLL,.lF
JAMEg ;l, GECUPNEEl
6aF^LO S. OUrFY
WOOO R FOSTCE, JR,txoM^s H_ cooor^x
..IC}.IAEL A. 'IA'CHX. C'A16 'ILDFAr{Grroxx 3. e^?soN
wra. cxirStoPBEFr PzNwELL
3U3 N x. Vc,iGT
l(A?HLEEI{ ^, CONXELLY
srEvaN L. SCx6eH.rx^i.
AHTHONY J, CLEEXEL
CxElar L. aoiLF
air/rx c. wtrsllE'16
,.OSEI''AItY ?UclHY
M, L. G'IOSSB^N
sHaLoo,r o. .taR!rx5
'^l.so ^oBrr7Eo rx wa3hrrcroN
Moon VaLLey Aggregate, Inc. vCity of Chanhassen
Our File No. 1?23G-D-OO1
Dear !lr. Scott:
This letter is in response to your letter of June 5, 199Land our recent telephone conversation. As I inforn"a t;;,our client has retained the services of urUan iianni"g'i"aDesign, Inc. and its principle, John voss, to assijt inpreparation of grading, phasing and end-use pfans ioi-ourclientrs gravel nining operati5n in Chanhassln. It is nyunderstanding that !rr. voss has had at least two aiscussioniuith PauI Krause and others enployed ly trrJ cilt-;;chanhassen.
," Sf". curre_ntly anticipating conple+_ion of necessarvpreJ-Lnlnary dralrings in tiroe for a perDit application biJune 3o, 1991. Hr. Voss advises ne that hi!-discussion3lrith. the city staff have resurted in a schedured neetinq thef_i::t yeek .".f i".ry to..review the preliroi;..y d.;-i;;:': ;ernforns ne that the City staff appreciates t-he need fo no.r"with dispatch on this hatter, irtt also understands that
391u1ate dat_a is preferable to trying to get too nucfr aonel?:. sool1. Tn any event, our expectation! are consisientrrrth a June 30, 1991 filing date.
If you have any questions, please contact me.
FOFMEFLY
GtaossM^N. r(.AaLrNs. sraGEL a !irLL
surtE t390
too wasHtN610! sou^ RE
MINNEAPOLIS, MINNESOTA 554OI
rELEaltoxE t612, 349-7r 3l
TELCCOPTEe (g12) 33e-6s9r
Mr. Thornas ScottJune 11, 19 91
Page 2
Yours very tru1y,
Gerald S. Duff
GSD: j ah
Tom Zwiers
John VossUr
EII[NH[ESEN
I have just net again with AIan to go over the next steps of the
progran. we have agreed on the following plan:
690 COULTER DRIVE. P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
ur. Gerry Rose, Director
State of lIinnesota
Departnent Natural Resources forestry
500 Lafayette RoadSt. Pau1, l{N 55155-4041
Dear t1r. Rose:
I wanted to thank you again for taking the tine to Present the
rnosaic to our city and for sharing your thoughts on the UEban Tree
Management Prograru. As you knorr, Alan Ofson has been 6xtrenely
supportive in our attenpt to preserve what is left of our forested
areas and what we are attenpting to do vith this project has been
a goal of Alan's and nine since we have been working together.
Chanhassen has been innovative in several environmental prograns
and has wanted to be able to be proactive in forest management
instead of reactive and then find it ls too late to save a valuabl.e
resource. completion of the Urban Tree llanagenent Progran rriLl
a11ow us to becone Proactive.
1. complete the Inventory
0 Hire a Etudent worker to perform on-site inventory to
deternine species, age, size, etc.
2. write a Tree Preserivation and lilanageEent Ordinance
0 Work with Jonathan Steigler and Ken llolDan to draft a
nodel ordinance to guide the city on which areas need to
be preserved and holr/Hhere to reforest the clty.
We will al.so work wlth the Builders Association of
uinnesota to create an ordinance that does not ignoretheir concerns yet does not comproniEe the intent of the
city.
0
CITY OF
June 19, 1991
l1r. cerry Rose
June 19, 1991
Page 2
3. Create a llanagenent plan
Jo Ann olsen
Senior Planner
JO:v
pc: AIan Olson
P1 anning Cornrni.ssionCity Council
0 l{ork with Alan Olson on a nanagenent pfan which describeswhat we have, what to do rrlth it and how to replace where
needed.0 we rril] also uork on educational naterials forhoneowners, developers, bullders, etc.
In.the end we hoFe to tiave a roodel ordlnance and nanagement planHhich can be used -by other citles. t{e vill keep you informed onour p-rogress. please feel free to call ehould you have anyguestions.
s incerely,
.-b/z'---,
CAN,IPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attor;ress at Lau
Th,-mas l. Camfhcll
Rrxer N. Knur*rn
Thrm.rs lrl- Sc.rtt
Gary C. Fuch.
Jam* R. \l'alston
Ellit,tt E lGetsch
(6ll)156-9i19
Fax (6ll) 456-9i{2
June 7, 1991
!Is. Jo Ann olsen
chanhassen city Hall
690 coulter Drive, Box 147
chanhassen, !,linnesota 553L7
RE: Zoninq Ordinanc e Anendment - Non-Confoming Uses
Dear Jo Ann:
Enclosed please find ordinance amending chaPter 20 of the
city code concernj.ng non-conforming uses which anends section
2o-7 4 (b) .
very truly yours,
5U SCOTT
CHS
BY
Roger N. Knutson
RNK: srn
Encl osure
RECEIVED
JUN 10 t99l
CITY OF CHANHASSEN
\ankee Square Ottlce IIi ' Suite 202 ' 3460 Washington Dri\e ' Eagan' l'{N 55122
lr| ORDINANCE I,UENDING CEAPIER 20 OF
TEE CEANEASAEI CITY CODE COXCERITIXG
NON-COIIFOAIiIXC I,AEE
THE CITY COUNCIL OF THE CTTY OF CHANHASSEN ORDAINS:
Sectiop 1. Section 2O-74(b) of the Chanhassen City Code is
amended to read:
Any single fanily dr,relling that is a legal non-conforninguse or that is on a Iegal non-conforning lot or that forother reasons is 1ega1ly non-conforning nay be aLtered or
expanded provided, hor.rever, that the non-conforDity nay notbe increased.
Section 2. This ordinance shal I be effective inmediately
upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this _
day of , 1991.
ATTEST:
Don Ashhrorth, CLerk/Manager Donald J. Chmiel , Mayor
(Published in the Chanhassen Villager on 1991. )
CITY OF CHANHASSEN
CARVER AND HENNEPTN COUNTIES, UINNESOTA
ORDINANCE NO.
CAN,IPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Las
Thom,r. J. Camphell
RtEer N. Knut",n
Th, 'nrir: \1 St 'rr
Gaq C. Fuch.
James P" V'alrton
Ellion B. Knetsch
(61:) 456-9519
Fax (6ll) 456.of{l
June 7, 1991
lilr. Paul Krauss
Ms. Jo Ann Olsen
chanhassen City HaIl
690 coulter Drive, Box 147
chanhassen, Minnesota 55317
Rx: Zoninq ordinance Amendnent -
Non-conforming Recreational Beachlots
Dear PauI and Jo Ann:
Enclosed please find ordinance anending Chapter 2O of the
city code by adding Section 20-79 concerning non-conforBing
recreational beachlots. Please review and caII me to discuss.
very truly yours,
CAI.{P
6.
BY:
LL KNUTSON, SCOTT
.t^,
Roger N. Knutson
RNK: srn
Enclosure
i.i.CElVED
JUN 1 0 lsst
CIT.Y OF OHANHASSEA
\lnkee Square Ottice Ill ' Suite 202 ' 3460 Washington Dri\e ' Eagan, \lN 55tll
CTTY OF CIIANHASSEN
CARVER AND HENNEPIN COUNTIES, I1IINNESOTA
IN ORDININCE N,TETIDING CEAPTER 20 OP
TE8 CTI}IEASAEN CITY CODE COIICEBTIING
NON- CONFORI.TING BEACEIPTA
THE CITY COUNCIL OF THE CTTY OF CHANIIASSEN ORDAINS:
Sectl.on 1.Chapter 20 of the Chanlrassen City Code is
amended by adding Section 20-79 to read:
gec. 20-79. NoD-CoEforuiDg RecreatioDal Beacblots.
Within one year after the adoption of this ordinanceprovision, all legal non-confoming recreational beachlots nust
recei.ve a non-conforming use pernit or the use must cease. Thepermit shall be issued by the Zoning Administrator follolringreceipt of satisfactory proof concerning the nature and extent ofthe 1egaI non-conforDing use. The pernit shall describe thenature and extend of the aflowed use. The use rnay not be expandedor intensified over lrhat is described in the pernit.
SectioD 2. This ordinance sha11 be effective irnnediately
upon its passage and publieation.
PASSED AND ADOPTED by the Chanhassen City Council this
day of , 1991.
ATTEST:
Don Ashlrorth, C1erk/lilanager Donald J. Chniel , Mayor
(Published in the chanhassen villager on lee1. )
ORDINANCE NO.