NarrativeBluff Creek Overlay District
To: Kate Aanenson
CC: Bob Generous
06/18/2020
Thank you for sharing the WSB report related to our request to adjust the primary -zone boundary of the Bluff
Creek Overlay District (BCOD) within the western portion of our property. Fromyour letter it is our
understanding that the WSB report provides much of the basis for the city's conclusion to deny our request.
Our request specifically proposes that a 3+ acre area currently located within the primary zone of the BCOD be
removed and be combined with the 9 -acre area adjacent to this area guided for commercial use. Our request
stems from the belief that this small area is readily developable, more similar to the 9 -acre site and when
combined with will be large enough to attract a high-end user to invest in the intersection area.
The site is ideal for commercial use in that it lies at the intersection of Powers Blvd and TH #212. Thesite is
served by the existing entrance off Powers Blvd just south of the freeway intersection. This magnificent piece
of land could be used for high-quality office space, a corporate headquarters or even high-density residential.
The site is adjacent to Fox Woods Preserve nature park and has direct access to the extensive trail system
already in place. A trail connection to Bandimere park is planned.
12
Pond)
iel"Ve Addition
FrIiarts devetopi
Existing
Platmed Trails
o Bandiinere Park
The &V ma�ntains that the 3+ acre area should be incorporated into the existing 80 -acre Fox Woods Preserve
nature park when dVia, veIopment occurs. Prior to COVO-19, the park has been whoHy underutflized. I waN the
traHs *M Fox V\\Joods Preserve reguIarly and until COVID I rarely see anyone. Moreover, when our property
devellops, '�t �s our �ntent that some 15 additional acres (not including the 3+ acres) w'M be added to the FcAl
Woods Preserve Mnging Its totato nearly 100 acres. We do not believe that de6caU'ng this smaH NgNy
valued area to further expand the park is the best use of this land. Given the access�'bMfty of the site to TH 212
Powers Blvd that this s�te is better su�ted to serve our community commerciaEy and y�'eUng much-needed tax
revenue.
In questioning the location of the BCOD boundary lines, I keep asking is how did the boundary line of the
BCOD get to where it is in the first place? I have requested to see the city's analysis supporting the placement
of Bluff Creek Overlay District boundary line where it is. Why is it not 50 ft to the west or 50 ft to the east, left
or r�ght? The responses I get refers to the goodness of trees, the importance of wetlands and the fact that
soils erode. While the BCOD ordinance calls for the application of a deterministic process for locating
boundary lines, in practice the actual placement of boundaries is primarily subjective. The on�y data employed
that is specffic is the location of steep and prolonged slopes. The WSB report uses the same kind of vague
�anguage to justify their conclusions and goes so far as to add a new category of sacred land "grasslands" to
support the�r con( u,Ions.
The WSB report provides no rational explanation whatsoever as to why the dty's placement of the lines
current llocat�on �s 100% correct or if our proposed line is 1 0 0 % wrong. Both locations preserve the vaIuabIe
assets of the site, the steep and prolonged s�opes which are inclusive of thick woods, the wetlands and
exwst�ng trails. The report is so ambiguous that you couId appIy Its Iogjc to any piece of land or place in
Chanhassen and conclude that it too should be included in the BL OD primary zone.
WSB's position states that if the property in question lies within the Nuff Creek Watershed and meets one of
the following criteria it needs to be off limits to development.
1® Wetlands: There are no wetlands on the 3+ acre sate®
2® Woodlands: Yes, there are trees on the property just Re the rest of southern Chanhassen. Are
they beneficial? Yes, just like all the thousands of other trees in Chanhassen. Does that preclude
development? No., that certainly is not Chanhassen's policy. For example; on the east side of Fox
Woods Preserve nearly 25 acres of mature and mid -age native hardwoods, including oaks and
maples were clear-cut by the developer to construct 45 homes.
3. 'Grasslands (Yes, there are grass on the property just like there is grass allover Chanhassen). Isgrass
beneficial? Does that preclude development?
4. Slopes Are their slopes in the area? Of course. The closer you get to a Minnesota River Valley the
more the land slopes. However, the area requested for removal from the primary zone was
specifically chosen to avoid steep, prolonged and heavfly wooded slopes we see in the surrounding
area. Moreover, slopes erode with or without development. Properly designed and maintained
landscaping will eliminate erosion all together.
iq
In summary according to WSB, you cannot develop anything that inc�udes wetlands, woodiands,grass or
slopes. So, what is there to develop? Our proposed location for the boundary line is where steep slopes
suddenly begin and are maintained over a substantial distance and support natural vegetation consisting of
trees, shrubs and underbrush. Our intention is to satisfy the original intent of Bluff Creek Overlay District
which is to protect steep slopes and natural vegetation yet allow reasonable and best use of theproperty that
is flat or gently sloping.
Preserving the Bluff Creek Corridor was the reason for establishing the BCOD ordinance. The ordinance starts
with a stated goal of "protecting the Bluff Creek Corridor and creating of a Greenway connecting Lake
Minnewashta Regional Park and the Minnesota River Valley,". It does not say it's intended top reserve the
entire Bluff Creek watershed. I would also like to point out that all the properties included in the BCOD map
exists as natural, undisturbed land directly adjacent to Bluff Creek. The exception to this is thea endix to
the east which is located on the opposite side of four laned Powers Blvd and clearly separate from the
oorr�dor.
Bluff Creek
Overlay District
uff Creek
Pn'mary Zone
;,Mao
February 2012
Appendix
Pioneer Trail
Our site exists within this appendix and is not physically located in the of the Bluff Creek Corridor. �n fact, the
site is nearly a quarter mile removed from Bluff Creek. Moreover, the site's drainage path to Bluff Creek �n no
way resembles a natural -undisturbed connection to these waters. Water from the site flows overland, then
through a pipe to a manmade, storm -water collection pond. From there it flows through another pipe and
then into a road ditch. It then crosses under Powers Blvd through a culvert and into a wetland and then finaHy
overland into Bluff Creek.
The site contains no wetlands. The site includes sonn�ie iiiiiature trees as does the entire area including the 15
acres which will be added to the park at the time of devellopment. 1�� hcalt the WSB calls a grassland is a hay
field which is harvested annually and used for animal feed. Lastly, the site �s relatively flat compared to areas
directly to the north and southeast. We all agree these areas shoulli'd remain protected and included into Fox
Woods Preserve down the road.
We believe., due to its �ccaU'on at the intersection of Powers Blvd and Interstate #212, combining the 3+ acres
on this site with the 9 acres aiready guided for commercial use will provide far more value Chanhassen
residents than by adding it to Fox Woods Preserve and creating more non tax generating open space south of
Lyman Blvd. It will also provide a concentration of users rnaMng the preserve a worthwhile investment for the
community.
- Tim and Dawne Erhart
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