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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$erous features in various Locations that are difficult to design around . Lundgren Bros. bel,ieves that the proposed Concept Plan and Prelininary PIan for developnen! of the ortenblad/Ersbo Property enhances the quality goals and objectives of the city of Chanhassen. It is our pleasure to respectfully subnlt to you our ProPosal and request your acceptance, tiEe being of the essence. Thank you for your consideration. I 7 itrl i '3Nt lstnoSa3a. faHrvs '3Il Dlrmr8mg '308t ttx$mr sStlu3doud ogsa3 t ov'taNlluo It.ld Alvfltit.tigd il.:Iirl! I ii I si ,r,H . .I" 1t i..-t F' 5 E .i:i:s 'lt 8,1 i:je a :s: 5.1:5. liutH-6 (' J I I I ,t f,tll I rI- ii "i I .)'I Ir-l I I tI I It I I III] .{. I I I r I r (\, t ) I L I I IL l_ li l"i 't Exhibit A I I a I 3Nr 'lsrnocuSs.3usrvs lll rtl3nrlStoS 'soua r3 rnl s3[u3doad o€sua , ov'lgNfr80 llrld ll{liJani/\to lv&t{a9 t :l d: t' i c.r .---.--, a it I I .l t_6-'lI il I Exhibit B l',I' I-.eT "*l-r 6 9: N ) I cNr 'lsrnocuSa - tBHlvs .tt llls0ulmt '3011 Er$rnl sl[u:doud ogstE ? olrlsNll'8o rnd tt{tovB9 llrvNltllllgd tt aii "l:i io a,- 3 5 ! 6 , 5 -l -t I I II tl I 9 :1:a :: ai 1...; y'l') t-J Exhi bi t C I I A::-::-:-L:i.::i!.:t:l.=--:-=99-:!!9:sr'clfl '.Lsrnocu3a - f axlvs 'rr nu$usxlt 'gltt Er rnr s3[gldoud oasEl ? ov.tgNSLuo llvld lllllln aYMnntad ill,;e .--,4 t t a _Jtrl9l al 6-_',ll I I l t 9I 9 ,:: i:il; iri. ii:i r:-1i t;r,: iitiii:l!; riiti I / I I,\I /n/ s ] Exhibit D .il,l 'll'l N 'cNt ls r no9uS € -:luHr.Ys !r nltllr3lrg'olt E$lnl s3l,ltBdoBd oasrE t orlaHlruo lSttalaL otMttta. ilrt iri!:i rl, '1, Ii, I l \'L I .L I ,,\ ). L.JI i.r, : rl I s or I r Inl il?i0 ;;iEE iii!iilll l!iiEi -a Exhibit E I TITT ITT- lTtitt ,l-' F ,/, J 1!q!qx3 ,>J ,\ E tpnt= l-- )r \ $, t'2: .',vri rl't, r- -,tt'-- L .t ,r'I ss ...1 Ir ;il I It )1 t\ a: j $tt' I s 1 I ,rtits'{t\fi i\ RI S R' -a/ ra ol 1,1. ,!E ./rtt s,/ o/*c.2, /-,,44.2, .5; Lt irj; \cad ./ac o/ Itt neLo//r.9wlo/ *. a/-r,4"rc.2? ---.. /vo"t't/-€ /rtr.?2 ---- , " ,: .:.:l II :tti x::9ti I t I i I I: , * r'i illrlllliiii iii rr!. it ll r l:1E-tit! I ;i{t:.r t i I $!a I r.i$! Su $rI \E -b L\s:i,\ \i t' i r.r') )r ".l a,' r) t\ i,,1 :t ij iq n ,,,{,li!"::,, I I </< -r?r...r- - I r I T "- ,o.r2 o,'i trz9, -- - t I t\ a -Lr :-grfE .=>.3 -..-a'- --./'-a,s si i .-a' ^-tr%lsE'! -'l!- ra \:,'fl'D siii ..1 is Iti ! I tI': SATHRE - BERGOUIST. lNC. .qJNOAAY SUAVEY Parr ot NEt/a.Swr., S6c.2. Twp,t16, F93.23 LUNOGREN 8BOS. CONSTR., tNC. o):''li .,1$ !c i: l \t, t lllL- -.,t n a ./ U. a'l *.//,t //El.//t. th,/, ./ je 2 --:- ^t o'09'or? ,rt.o2 ---- s c}rr.tte a !o : P Z I o( ror r,lg" 1 x, JgI 6 t0 lrl a o lg0 * Io?sjr<r--E.t9 0ltl (,E ' zoF(9z -) E, ta . E AGLE 5 crncuE 00c. No. ro 9731 2OG- )EY \0.115584 IEua. SWy{ RICHARD ORTENBLAO BX llr, P t73 R.L. PETERSI &( 97, P 3l! 2r5 - rrlnrtt t.i I o.L. I oL.l I 2 c 2 3 t50 a..olJt rQ I I ('!o I I t 4 lrl 1 t? t3 Exhibit G t7. I t H. I{URPHT , ( I I I ? 5 {{ e t1.-<-tqs:'t --r-_-- tF--.1 tw* Il'. I I \I\ .1" f"r-_-:\rL_-_i --| I ,-|_ "- ^..-.- + q1 )\--l ": ,9'\r1 \ ! C +- l1- )\ * I I I I I I I I I I\\-/ - _. _L \ r<.ieta+rD A.L- VL1@ t 56ln^eE fel- WSII^AD ct,E,lIlo-\ 4trWt- *n*E (dr WerfuD^D Ersda'seuexXt- - EagE orlll \-L FeT t+L,,S, \ H- UJ |...5,-..--..---- -L--_ fg € ( s ct4,59 A \Enotso ).. tl -tr1tl1I','I ).1 ,4 t-- I. -a- .G ---1\ ( Y^_ / li t !. .t: !t rl'" I Lr n { {bgwa 1.ri'rt -t , -- a.',;,. ' sdl iaN9 b %\t, \. tc \ b GE-'*- wer*r-:D %NL Apeq6 6:phrt5, t I, tlf'-'---1----1', i t=:: VAptar.:e= ro€- '{en*:o *ExL .-.i l \.---.--- 7 I r .l l. t4 Jy i.i7'. .. .1'. \I I $ 16+'% I L+htrs fi- f,l (o '3Nt 'EISNOS 'SOBE t{3U90Nn'I tot $,..btd .rz'.!a 'o!t dal 'z'rs 'r^ras,r^3N ,o utd lf^tos ltv(rNrDit cNr 'lslnocara - fuHJ,vs ![ I lr Il[l . i 5-ci t:s i ilj; itiirllE t 3l; !'r !:. I :- IiI ;.. arlS 5 !t ErlE; li lli! li: i5lI r ll :rir It {lit a E rr,!t\. i* .is'{i;$ Pt d qt Ii I 3 5 II 3 I J, ez tt4'sr/-1! l4 ;1/.ts .#/..21H .# /o .-../ ttt \ v) i1 v) a I J I $ \'t,,!i1' .;* s\ G rs'\r' 5Y3*i\ i{\ ,i a!l ii) ua {\' !. _l J \J e \( i5 s .+ t' t (( i; :l ---_ zo.r.lt ,-€o,60.o ^t _--_ z 22srt. /4 2r.t r,o/,Jh, ,/l l. lt tr.2 .y 1o ._7 1r'^ / !:y'.,,.t :;,,/,2 /:i ..,;*7,+t lll -)- o -=:-1--;=-_:_===-1' _-r/' .pi - - T { (l_ I .l-.J - --.(> - -:) I .lr .'rllNi 3,' 'l Ili i !s a | :i t^, !t o/ r^ "'" n ... - -- dztt "-to.rr.orr:-a.q=,U< { l. s\ilt\ * . -'-- 2rtrzt- ---- i @/'r> illd s!- J6. J41-"u';,\ii _l cii,..N i{A59! t/ 1 Size: Class: t-3 Ac Type:3 Location: Lakeside Watershed Di strict: Area of Open.Water: Drainage Flons To: Vegetation Types: P Arrgr Pon-a, +1D r-U vo (+ .l,Ez te L,l. s A Cr+lt4s T /\ Ai r,-^.lboo I 511-1 € e d€](AcEoJ S Soil Types: F u, 6TL,4-rJo AL I ^l S']-.+\o ^J 6rtr 99 c-O J iylDL fv., ArSr^J6-oqd ot uJgT-L4 6 3. PURPOSE OF PROPOSED AITERATION: FtLt_t)d oF LJ giL+l.ro I S 1n 0 iov to€ L (, ..O *c<--G 3 o? e 1E'8- A\S ' ^J C. \ a , 1-LZ1'^12 ',-.N 11.-o L- 4. APPLICABLE WETLAND ORDfNANCE SECIION: 20_.13-1 Pok 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 ,rF "$€ v)€'tL! J D hNO tjlrt€ Po ,E:7L4--NO F tLLt N4 LJol L0 c.A!9€nf-e Aa io 6€€ A<T e? 1'E 46'J5e /t..'A n+€tEFortE &za J, ae flae ,i>a!J,t L. oF Jvh€:n-Jt .aaa-vaE lrles 4)o c.r tLt.-r b, t n1 S7V€ET €Y sn,,tc, *=t L 611-*0€3 avJ o 11t€ 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_ (E 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 'fhd srl"r c. llbr\€ . Tlr r O ,aEQO t L€Ac oF y'ro Fr n+// Et<E,gt tl € 5 6/-+o€=€ StE C,<-aor'aL: IDENTIFY TE AITERATION: E ADVANTAGES AND DISADVANTAGES OF T EE PROPOSEDo'r€ 6 3 , sli-t gr,11.1 on-Ot ) 4aJC e 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= 1 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 o 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( i, nJ G(-€ ?+-ttrcl 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 t.nPr\-<-.1-'77rd /../n 6€/a of a-z C.o J t-A€ PLrrnW AdO ^Jo,)L4 tl ,+,,/; t k- (4N)/^ t c ti{ lr tS 4/ PZ.?.5€D 2€ V+" FtLt /\J 6, ol az.iVz.ttth o/J€V-r^/O S ,+NO ts aeo?o,€o '72 c4z +'/-E fioil rLLJC'724/JP ir, e 15 rv /tnc-+18 T?t€- Lott€S 6l ft444, 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 o t 4+r l/tfS ..//La-6€ La Sf 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 l./ A ,.r1;r4-ftR-/Zo,.J oF t7€/ot./or*,/C t S PLrPos€,u,ET'1-aap )S r€ 7o c."L71a-7D f/+L 2-,./po?F tnt,,r,l n*€ St AT oz 6€?2 "J €\/O, Do '\J S .NC Co,!D no^tt .^JoJ0 ,t€ Cr;*rED Oeut,'t sl2€ry, Stc ,'J 4z Jc.,r,Jq lt ./U lt/L.Arrr,, f /?.--/€C{/*Oo, Lb.,, Lo 6{ <e'e ut aaV fD aD,rlno L €P.s,ap eF € / f€ 21+.79u a<--t2 7'b. cc^*'^"'.rcl . to yn.n& fea Sqlr g . 0- Art rly.tl.a^* durrcJq6**-SJ \*e./. ?uVlL ekErc €Y*c" 5" #.. foort cy.-J:* ''s KJ l*;r). ;rxuY rr//,. W pra.,&. : tf u& #* \d lo- -2- 4tc( tS fie+7 a w.."J,rS..$,; C ii^N {A5I i,( I 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 247=4r,J '^J.6 a,a€L///-p 7-2?/5 70"-77 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 rZ47 .J r f7*fu- O c-4 N<'-tu^-dv .rTa e/<4 /<ES /l,Lt ^, t1 tS tr! 41a /2a J-! el .JO *./tO (lS ?.Lr/os €z)6< C,z,rv;21-o ^Jq /.uat OFl iD ?r?ta € x-/S qa ^lQtl70 hr- i'tlt S 4/€A 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 E 5l \ I I i 5. 7. 8. o 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 I 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 3 fr !<rl ^lL I n :{ r-- 7o t4esz- 826/ otp*r ^Erfe,wo Urrtff/ f AMtN$e d,1.,5*,tn r FbH Lor 6 lzzost lor V' \t\ ^\\\:al\'s s $u \\jN \\sLNt\i\i,'i a, -1' it*l**a.*- i, - ..,.:r-i-.- f,-.!r I : '. 'r . -, u- |1::)l -) r)' L.- \-, I.rs t | , t ,'-' \/g- rr \7 | , ^ t tC) l:)'/tv \' \ t \ l< + -l n.'i i r,\\ -J '3ou/4 /tne c'F Z.4r€ luc)' <aA.) 309.47 €os/' '/7 59 30 oo T T -'l 'ri \r\ €q.\i$\r\) ) '-l t_- ll4r! Q \) s it so v) $ \ Nt. \ L- |.$l\ r !a) \Y EcsT t' 'i : | -t_ v^ -9-r \<9 c) i <> \P- | \$'-t 2 (. --b 4 1 1bL .11o Aa' A 3 /86 q5 I oa\.\ L 3c4. BZ Eos/ (, k) b E o cc ,$\ ?$c. I.l J 0a 'l a -1 4,. :1, ttt '$ ri,o.o ,a rg) Iro ro\ 'ti ir : t- N N :'. { {1 f\r 5IFN(9{ = o3 a)R Fr) I qb. ,)t L- T,Q$ o sa N a r(\ \ sl St ) L .-' !i1._,.-ri;;.;-:4 | ; //8.94 ,1+ l- - -: - ----J oo\ Nq\ J I L b,LO ax (,d .7''-'->9 0 Po 6-_t.4 ) .t Lot 7 . !l A It_,Irr-' ,r.\'r,l-r J .ts I C I r: a)t-- (n, t-l I l:. <I ;-( - Lr) O (r-, / V a2 -- 99o \ t'37 qt \ (o \6 t. \ $ s C\L-) \r)8/L I i- -zosT:-- - "z-5: 1 PC DATE: July 17, 1991 EHANHISSEN CC DATE: Aug:ust 12, l99L 91-2 WAP Olsen : v E #: By: cAs STAFF REPORT Fz C) =(LL E UJtv, 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: - MINNEWASHTA lEt6dTS PA oo!t KE VA9HTA oog rt I oon ooN C oo!t G! ooa) oo IDN ooF I o 8 o N od,oo @N oo R RC @ I v \.r- I LRFY -/L -I _J L r' SHTA FIELON J LAKE REG/ONAL PARK v I kp r 4 oRrvf Iri t G <) a L L- d 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 ,t,\' , 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 V*r Doren lbzard Stallngs. rr Job No. Project Sub.iect ell, qt-Z Dote Sheet By ck'd. R S tof 3 l l-{ e-a r*r l\I F \ELS . Togal !. LinnarDoll t. l(.nrtr Clty J o ''Aq9,tear -lt4A z bq s 6l 6 Io Pre-d +vle\o p r..e,. 7 ,{2 x ttrr -1:-asS l-,o-_Ao i I' _ 'ha L-C),(,ro -- q 8t o3o x O:4 o tt -r-j ---+---' I --l-l--+ .l-:_ li I {-^,f- I (-_ I I I l I l I --..1-..- ,+?-o J I L + q i,t-1.u-124 l} -o.1L-)z o -t z I I I I J. -------t 'l; lil li lil 1_ !r T]-.-B lr i rod ,--4,irl I I _i I i \ SG, ,\.23^t cus I I I I I") I I -4"-.telsp A-2 I i Irt, . I, rri. Ls b, 21.6^ (- ,%_-6 z I I I S-r A<_ -o.4c C 3o.91 I ch I -.,!=.--,l I II I I I I -T -r-1 1+.|. Add l_ho, Q1- 3oZ l-le" ,,.,^ .^ Fi c\d lca ck ,,e a\---\ols-ra,.e-o-" --SLetoM q),"d, Job No. Project Subject Dote Sheet 8y ck'd. Z ot3 . ToDck!.lllnlrc.9ollf. Xtnaaa Clly T-,,- -1r.,-.f \z L, ?A\^. Add;[rg-.ot'vol.r -33J"tz -s.F-.--s6 dz c, s, b3 1 -c. r. '\PI -_.o,-o34,0\ o.c 6 $r o. orr+ ft. Ir--'--'t. I '-. --1- 1T- F o Van [brentbzard Staltrqs. rr ,,.:1L- -.r +I* III lrqat is I..3 A?_bP !--i1() Ssl -. ol. t_ 1- I I I I I '-_---------+--.. -i T- .-:-t -...1_- ! L/ L lql Qrc lrrcteo -il 1t io|1' Skr,-. T--: I ,l -;-+. ---T------i- -Jk-4'. -qf er-s. a-- .ga-A tal I rgJ.r I i- I I I I i I I I I I I ! iI i I +i lirlll,t I ti'jili -ri I i I til I 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 ADDITIO{ INFLOu, ---- 6 STORAGE AIJAILABLE- 6 C.F.D.A.= 23 AC. Rl..[.lOFF FACTOR --- g.El{ c x A a.32*********t********;*r*r *****I**;***r****I***************I************t*****r* -TIME C X A i SEC C.F. INFLO' TOTAL OUTFLO,.,, STORAGE =-t I15 a38O6SA 78 3E46 =g608Gl2gt6 s240 .o4 D1 .32 .32 .32 .32 .32 g.a? g.7e 4.6 o.42 9.32 4.23 380 998 ,868 ,689 ,2gg r 8g8 )4ga ,884 ,4&g ,809 ,208 t600 ,4ga BA9 1 .681 2 14343,362 4r173 4 1E'69 5, 160 5,t58 31425 5,564 3t842 5r935 6,399 e89I,68l 2 1434t i t,) 4 tr734,86? 5rlg0 5, 158 5r425 5,564 5t842 5,935 6,399 a a s a 6 B e g I 6 6 B a t o 7 1S t4 l8 2t ao 43 57 86 A') 2,9 tC' 1.4 1.1 g I 0 gr g o 0 g B a o g B MAXIMLT,I STORACE REAUIREO STORAGE AVAILABLE SURPLUg STORAGE 6,39? C.F. g c.F. (6,399) C.F eE9 lc,el 24=;4 41??. 48C.9 5t a8 5t 58 3423 5564 5842 5935 6?99 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 : oo0 c1! & LAI(ERS R4 f R12 \ .'/// 6 F3\? ntc tJ @ oGl,]I U i:tTi R1 t '.i'.-.a I \ o IE I BG J 7 Arf oY\-, pF OI I LAKE SUSAII RD a6 tx sT.t a .} ?A*rA(==,I { {R? -r \ PUD-R 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 2 3 4 5 5. I lrJE Fo UJ?oGG I I E\i t t I -:- Ico o uEeF.el! Q{' : ( -Ll \ \\t o o-) l!zI F 'oa Ittt \iJ .i\\ I9.>42 t:- c!.5rfraa4u r-oF rto<2Ctoo looroooz,>otataO \/ FulvE \1 (r u .tr ! N + t I ! ! _-+_____f_\___ ,l I gT:t rI t n"" t' i I I I I 'i ! I I o- I a I I a) q t G ul,(,2 o t(I r) F(,',lll <io Or;!r+r Ot EiE=A(J I I I 1. G., ,-ilt 2 ! t_ Ir.- I I +l .o ilr,n r. Iir-', \ \L\ Z \r D 'J{I t I; II , E I l.J\ i c,rt I I I 't. I I I I I I \,% SEtrlal.l EE FE eH ,' ;Efit 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 1,a'375 SOfT. tc26 SO.Fr. nP crED Cllr'.TYEX PL TA i.GI t Lolt cltlr.lrltrl ESIlrcs EA B - EAST re,@o so.FT.. ;re,ooo so.rureAcrrf, I lEr t tol I IEII -!a , o g Z, - lr! rl; !!9<-i Hi; 9iu(oB di^P B o{c h ltt IBtai; i n U E i t I E ! t.IR- aaatrraaolartaaatoi,loor ooorilorre r lrr a tot I # gJ lrlrllll I IIiIII* -.--.,--8..- I I I 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 I I I G o t 5@.Prm, Glub (g w o I t'Otr;r463 PlarrjPunPosr:Prclin;oa ,l x 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 permlt ls,permls.slve.,only and does not release the permlttee from any llabllltyllgat{on lmposed by Hlnnesota statutes. Federal Law, or locat ordlna'nces. Notlce of: completlon of work authorlzeglven to the Dlstrlct on thls _ day of d; explratlon of gradlng permlt, ls here by, 19 __. Certlflcatlon o thls _ day of f the satlsfactory cornpletlon of nork authorlzed ls herebl9 r nspec tor y made on P. A. _-., 19_.The amount and I-t I Fl-rr::IIEe- IN WETLAI\D (fI) ARt A (rr') 4v0. AreA tb.o tG.O (n3) \bLU/qL w 3zo ' .,!f--. 1Zlt,1l 1?2t,@ ;': : : : i :*..t'l1 , o 3@.5 3b?.5 o 3a 0 l,l2On3 :rcnal FILL voLUAffi = 1,8.15 FI3 AREA DSIUP'BrD e afi $.fr:>- l'-t.5 l'-r.5 21 .7?s n ..i??-td t ?3. MAOE ,.lM oArE Jo8 io. 3HT. NO.- 7- CHECXEO BY-DA'EffinerREBV CALCULATIONS FOR c/4qt ,C5 : 25 EA :- 20, o tu 10 -- : : *o./n{/ E Jq \.1 N Pif P -J F LJ n U I .ii.i', / '.1,1 // ll EirEt l::il'E! 3"" fiti i T € Ct - - 9; oH.-< EB -a:) - !--ua E . .l{ I I i-; 'I\.- \ F I -1' /1)l ,2"6s$ i,li fi^f, , fl v t ii ! I li ,: ;-L i :r' r.' : i! !r rl I i It I II I II I , t II I I -l EI { I o I r! ""; ts iiiii"l iir!E s<>\ AL I I I , I I E E I I II: I , T i \ l./ l\ \ r 1 \ .li IIII::l! t r[r ; itrl! I I I I I j I Io5c :- e'e.s I .5X2za tErv R At 'IIAY fAP z Gr! { r -5/ s8a6i& I I.to I isi:i5 s5!ii'-- =i?< ,s9aaY is::;; a:'"t;;a;==^ == o=-- i;:ij gi 5ai izoB- 6;- d?I P:i: i=r !"i isiq !i F sil:* 39 3 - =-,. i:9 9= '-().r-o orl o-!;3 a= 906= -> ErlE Pl .- ' =l z;? :-.:-=o-'? 6Ii.= .Ja R z; ,= t' n, TI I E tt \ \ 2 c z c ozl c 3 :- 5 i i --t z a € a r.(t-trfl I JI r hl, 4,q 3 S, !ni RrZt,e : IT I 0 I 3 T t- q4, I52z rt{ f a ! o I J 3- zo ,i I { I- 6) o B I z €FI -l Ii ,,|,, :Je q ! ' o rrt !4eFq?=; Y><! 36cd pri igt- \ , /. Ia J (er( :; 32 I I I i D q I -rl 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 VUeo player Speakois ' f# Page 7 tlllllllllllll II( Multimedia Production System Estimated Cost $50,000. Flatbed scanner VUeo recoder Hortlzl .duseor'ioltec 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.