CC Staff Report 9-14-20CITY COUNCIL STAFF REPORT
Monday, September 14, 2020
Subject Consider an Appeal of the Bluff Creek Overlay District Boundary Determination Made by a City
Administrative Officer for Property Located at the Southeast Corner of Highway 212 and
Powers Boulevard
Section NEW BUSINESS Item No: H.2.
Prepared By Bob Generous, Senior Planner File No: Planning Case No. 202013
PROPOSED MOTION
City Council affirms the staff delineation of the Bluff Creek Primary Zone Boundary and adopts the Findings of Fact
and Decision.
Approval requires a Simple Majority Vote of members present.
SUMMARY
Pursuant City Code Section 1255 (b) The community development director shall make a determination to maintain
the officially designated watershed zone boundary or if the boundaries need to be corrected on city plans and maps
based upon the data that is supplied. The applicant may appeal the community development director's determination of
the watershed zone boundary and type to the City Council.
The applicant requested an adjustment in the Bluff Creek Overlay District (BCOD) Primary Zone boundary. Staff
denied the boundary adjustment and the applicant is appealing that decision.
BACKGROUND
The Planning Commission held a public hearing on August 18, 2020 to hear and decide appeals where it is alleged that
there is an error in any order, requirement, decision or determination made by a city administrative officer in the
enforcement of the zoning ordinance regarding the Bluff Creek Primary Zone boundary. A motion to affirm the staff
determination of the Primary Zone failed with a vote of 2 3. The Planning Commission did not feel they were the
appropriate body to make that determination. The Planning Commission minutes of August 18, 2020 are in the City
Council Consent Agenda for this meeting.
As part of the discussion, the Commission believed that if the boundary change request came as part of a development
proposal, then the boundary change or approval of an encroachment variance may provide more validity to justify the
change. It was suggested that it would easier to evaluate the change in the context of a specific development.
Historically, that has been when the Primary Zone boundary has been evaluated. However, as part of the development
review process, developers like more certainty, i.e. it is either 10 or 13 acres of developable land.
As part of the development review process, the city looks at tradeoffs to provide the owner with a value for the
CITY COUNCIL STAFF REPORTMonday, September 14, 2020SubjectConsider an Appeal of the Bluff Creek Overlay District Boundary Determination Made by a CityAdministrative Officer for Property Located at the Southeast Corner of Highway 212 andPowers BoulevardSectionNEW BUSINESS Item No: H.2.Prepared By Bob Generous, Senior Planner File No: Planning Case No. 202013PROPOSED MOTIONCity Council affirms the staff delineation of the Bluff Creek Primary Zone Boundary and adopts the Findings of Factand Decision.Approval requires a Simple Majority Vote of members present.SUMMARYPursuant City Code Section 1255 (b) The community development director shall make a determination to maintainthe officially designated watershed zone boundary or if the boundaries need to be corrected on city plans and mapsbased upon the data that is supplied. The applicant may appeal the community development director's determination ofthe watershed zone boundary and type to the City Council.The applicant requested an adjustment in the Bluff Creek Overlay District (BCOD) Primary Zone boundary. Staffdenied the boundary adjustment and the applicant is appealing that decision.BACKGROUNDThe Planning Commission held a public hearing on August 18, 2020 to hear and decide appeals where it is alleged thatthere is an error in any order, requirement, decision or determination made by a city administrative officer in theenforcement of the zoning ordinance regarding the Bluff Creek Primary Zone boundary. A motion to affirm the staffdetermination of the Primary Zone failed with a vote of 2 3. The Planning Commission did not feel they were theappropriate body to make that determination. The Planning Commission minutes of August 18, 2020 are in the CityCouncil Consent Agenda for this meeting.As part of the discussion, the Commission believed that if the boundary change request came as part of a developmentproposal, then the boundary change or approval of an encroachment variance may provide more validity to justify thechange. It was suggested that it would easier to evaluate the change in the context of a specific development. Historically, that has been when the Primary Zone boundary has been evaluated. However, as part of the developmentreview process, developers like more certainty, i.e. it is either 10 or 13 acres of developable land.
As part of the development review process, the city looks at tradeoffs to provide the owner with a value for the
preservation of the Primary Zone through density transfer or hard surface increases in the developing area with
preservation of the green space in the Primary Zone.
The Commission felt that the technical analysis did not provide a definitive determination of the appropriate Primary
Zone boundary. While the boundary may not be quantifiable there may be factors that would warrant an adjustment
to the boundary. There is sufficient doubt as to where the line should be drawn. Based on the information, there are
several different locations that could be the Primary Zone boundary.
DISCUSSION
The site is located within the BCOD. This district was created in 1998 based upon the findings and recommendations
of the 1996 Bluff Creek Watershed Natural Resources and Management Plan. The Bluff Creek Primary Zone does
not only include land adjacent to Bluff Creek but also all those areas within the Bluff Creek Watershed which drain to
the creek and contain significant natural areas. The corridor extends to the northeast from Erhart’s property to
Highway 101. The applicant did not provide sufficient data as to why this specific area should be excluded from the
BCOD. The city hired WSB to review the proposed boundary change. While their report dated December 19, 2019
recommended a change to the boundary to exclude the land east of the top of the ridge, this adjustment does not
include the area requested by the applicant.
The applicant proposes that the 3+ acres adjacent to the 9acre area guided for commercial use be removed from the
Primary Zone and be combined with that area for development purposes. This area is readily developable. More
similar to the 9acre site, the site is ideal for commercial use in that it is at the intersection of Highway 212 and Powers
Boulevard, and when combined creates a large enough site to attract a highend user. The proposed boundary is
where the steep slopes begin and are maintained over a substantial distance and support natural vegetation consisting
of trees, shrubs and underbrush, yet allows reasonable and best use of the property that is flat or gently sloping. The
site's drainage path to Bluff Creek in no way resembles a naturalundisturbed connection to these waters. The 3+
acres contain no wetlands. The site, while containing mature trees, also has a grassland or hay field which is harvested
annually. The site is relatively flat compared to areas directly to the north and southeast. The site will provide more
value for Chanhassen residents as a commercial site than as open space.
RECOMMENDATION
Staff recommends approval of the motion affirming staff's determination of the Bluff Creek Primary Zone boundary
and adoption of the Findings of Fact and Decision.
Should City Council wish to direct staff to revise the Primary Zone boundary as requested by the applicant, then
Council should approve the motion approving the applicant's boundary delineation and adoption of the corresponding
Findings of Fact and Decision.
CITY COUNCIL STAFF REPORTMonday, September 14, 2020SubjectConsider an Appeal of the Bluff Creek Overlay District Boundary Determination Made by a CityAdministrative Officer for Property Located at the Southeast Corner of Highway 212 andPowers BoulevardSectionNEW BUSINESS Item No: H.2.Prepared By Bob Generous, Senior Planner File No: Planning Case No. 202013PROPOSED MOTIONCity Council affirms the staff delineation of the Bluff Creek Primary Zone Boundary and adopts the Findings of Factand Decision.Approval requires a Simple Majority Vote of members present.SUMMARYPursuant City Code Section 1255 (b) The community development director shall make a determination to maintainthe officially designated watershed zone boundary or if the boundaries need to be corrected on city plans and mapsbased upon the data that is supplied. The applicant may appeal the community development director's determination ofthe watershed zone boundary and type to the City Council.The applicant requested an adjustment in the Bluff Creek Overlay District (BCOD) Primary Zone boundary. Staffdenied the boundary adjustment and the applicant is appealing that decision.BACKGROUNDThe Planning Commission held a public hearing on August 18, 2020 to hear and decide appeals where it is alleged thatthere is an error in any order, requirement, decision or determination made by a city administrative officer in theenforcement of the zoning ordinance regarding the Bluff Creek Primary Zone boundary. A motion to affirm the staffdetermination of the Primary Zone failed with a vote of 2 3. The Planning Commission did not feel they were theappropriate body to make that determination. The Planning Commission minutes of August 18, 2020 are in the CityCouncil Consent Agenda for this meeting.As part of the discussion, the Commission believed that if the boundary change request came as part of a developmentproposal, then the boundary change or approval of an encroachment variance may provide more validity to justify thechange. It was suggested that it would easier to evaluate the change in the context of a specific development. Historically, that has been when the Primary Zone boundary has been evaluated. However, as part of the developmentreview process, developers like more certainty, i.e. it is either 10 or 13 acres of developable land.As part of the development review process, the city looks at tradeoffs to provide the owner with a value for thepreservation of the Primary Zone through density transfer or hard surface increases in the developing area withpreservation of the green space in the Primary Zone.The Commission felt that the technical analysis did not provide a definitive determination of the appropriate PrimaryZone boundary. While the boundary may not be quantifiable there may be factors that would warrant an adjustmentto the boundary. There is sufficient doubt as to where the line should be drawn. Based on the information, there areseveral different locations that could be the Primary Zone boundary.DISCUSSIONThe site is located within the BCOD. This district was created in 1998 based upon the findings and recommendationsof the 1996 Bluff Creek Watershed Natural Resources and Management Plan. The Bluff Creek Primary Zone doesnot only include land adjacent to Bluff Creek but also all those areas within the Bluff Creek Watershed which drain tothe creek and contain significant natural areas. The corridor extends to the northeast from Erhart’s property toHighway 101. The applicant did not provide sufficient data as to why this specific area should be excluded from theBCOD. The city hired WSB to review the proposed boundary change. While their report dated December 19, 2019recommended a change to the boundary to exclude the land east of the top of the ridge, this adjustment does notinclude the area requested by the applicant.The applicant proposes that the 3+ acres adjacent to the 9acre area guided for commercial use be removed from thePrimary Zone and be combined with that area for development purposes. This area is readily developable. Moresimilar to the 9acre site, the site is ideal for commercial use in that it is at the intersection of Highway 212 and PowersBoulevard, and when combined creates a large enough site to attract a highend user. The proposed boundary iswhere the steep slopes begin and are maintained over a substantial distance and support natural vegetation consistingof trees, shrubs and underbrush, yet allows reasonable and best use of the property that is flat or gently sloping. Thesite's drainage path to Bluff Creek in no way resembles a naturalundisturbed connection to these waters. The 3+acres contain no wetlands. The site, while containing mature trees, also has a grassland or hay field which is harvestedannually. The site is relatively flat compared to areas directly to the north and southeast. The site will provide morevalue for Chanhassen residents as a commercial site than as open space.RECOMMENDATIONStaff recommends approval of the motion affirming staff's determination of the Bluff Creek Primary Zone boundaryand adoption of the Findings of Fact and Decision.Should City Council wish to direct staff to revise the Primary Zone boundary as requested by the applicant, then
Council should approve the motion approving the applicant's boundary delineation and adoption of the corresponding
Findings of Fact and Decision.
ATTACHMENTS:
Findings of Fact and Decision Affirm
Findings of Fact and Decision Adjusting Boundary
Staff Report
Findings of Fact and Decision
Development Review Application
Applicant's Narrative
Existing Conditions Map
Hydric Rating Map
Letter to Tim Erhart dated February 5, 2020 regarding Bluff Creek Primary Zone Boundary
Email from Jerry Reugemer
Affidavit of Mailing
Erhart Concept Plan
Erhart Concept Map
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Timothy A. & Dawne M. Erhart appealing staff’s determination of the Bluff
Creek Primary Zone boundary on property zoned Agricultural Estate District, A-2 – Planning
Case #2020-13.
On August 18, 2020, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed appeal preceded by published and
mailed notice. The Board of Appeals and Adjustments motion to affirm staff’s determination
failed on a vote of 2 – 3.
City Council received and reviewed the Planning Commission report and minutes from the
public hearing. City Council held a hearing on September 14, 2020 to review the proposed
boundary appeal.
City Council makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate District, A-2.
2. The property is guided in the Chanhassen Comprehensive Plan for Office Use.
3. The legal description of the property is Outlot A, Butternut Ridge Addition, Carver County,
Minnesota.
4. The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to
protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees
through the use of careful site design and other low-impact practices.
5. The Primary Zone boundary is located on the subject property.
6. The Primary Zone includes the forested area of the site and the wetlands contained therein.
7. The Bluff Creek Primary Zone does not only include land adjacent to Bluff Creek, but also
all those areas within the Bluff Creek Watershed which drain to the creek and contain
significant natural areas.
2
8. Boundaries as established by officially adopted city maps shall be prima facie evidence of the
location and type of watershed zone. The official maps shall be developed and maintained by
the planning department.
9. The applicant shall provide appropriate technical information, including but not limited to a
topographical survey, flora and fauna survey and soil data deemed necessary for the city to
determine the exact watershed zone boundary.
10. The community development director shall make a determination to maintain the officially
designated watershed zone boundary or if the boundaries need to be corrected on city plans
and maps based upon the data that is supplied.
11. The information provided by the applicant does not show that the boundary should be
amended.
12. The planning report #2020-13, dated August 18, 2020, prepared by Robert Generous, et al
and the WSB report dated December 19, 2019 are incorporated herein.
DECISION
The City Council denies the Bluff Creek Overlay District Primary Zone boundary appeal
and affirms staff’s boundary determination.
ADOPTED by the Chanhassen City Council this 14th day of September, 2020.
CITY OF CHANHASSEN
BY:
Elise Ryan, Mayor
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1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Timothy A. & Dawne M. Erhart appealing staff’s determination of the Bluff
Creek Primary Zone boundary on property zoned Agricultural Estate District, A-2 – Planning
Case #2020-13.
On August 18, 2020, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed appeal preceded by published and
mailed notice. The Board of Appeals and Adjustments motion to affirm staff’s determination
failed on a vote of 2 – 3.
City Council received and reviewed the Planning Commission report and minutes from the
public hearing. City Council held a hearing on September 14, 2020 to review the proposed
boundary appeal.
City Council makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate District, A-2.
2. The property is guided in the Chanhassen Comprehensive Plan for Office Use.
3. The legal description of the property is Outlot A, Butternut Ridge Addition, Carver County,
Minnesota.
4. The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to
protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees
through the use of careful site design and other low-impact practices.
5. The Primary Zone boundary is located on the subject property.
6. The Primary Zone includes the forested area of the site and the wetlands contained therein.
7. Boundaries as established by officially adopted city maps shall be prima facie evidence of the
location and type of watershed zone. The official maps shall be developed and maintained by
the Planning department.
2
8. The applicant shall provide appropriate technical information, including but not limited to a
topographical survey, flora and fauna survey and soil data deemed necessary for the city to
determine the exact watershed zone boundary.
9. The community development director made a determination to maintain the officially
designated watershed zone boundary.
10. This area of the Primary Zone adjustment is readily developable. The site is ideal for
commercial use in that it is at the intersection of Highway 212 and Powers Boulevard, and
when combined creates a large enough site to attract a high-end user.
11. The proposed boundary is where the steep slopes begin and are maintained over a substantial
distance and support natural vegetation consisting of trees, shrubs and underbrush.
12. The information provided by the applicant creates a consensus that the Primary Zone
boundary should be adjusted.
12. The planning report #2020-13, dated August 18, 2020, prepared by Robert Generous, et al, is
incorporated herein.
DECISION
The City Council approves the Bluff Creek Overlay District Primary Zone boundary appeal
and directs staff to make the boundary adjustment.
ADOPTED by the Chanhassen City Council this 14th day of September, 2020.
CITY OF CHANHASSEN
BY:
Elise Ryan, Mayor
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CITY OF CHANHASSEN
PC DATE: August 18, 2020
CC DATE: September 14, 2020 (if necessary)
REVIEW DEADLINE: September 14, 2020
CASE #: 2020-13
BY: RG, EH, MU
SUMMARY OF REQUEST: The applicant is appealing staff determination that the Bluff Creek
Primary Zone boundary remain in its current location.
LOCATION: Southeast Corner of Highway 212 and Powers Boulevard
APPLICANT: Timothy A. & Dawne M. Erhart
9611 Meadowlark Lane
Chanhassen, MN 55317
PRESENT ZONING: Agricultural Estate District, A-2
2020 LAND USE PLAN:
ACREAGE: Three Acres on Parcel of 114.5 Acres DENSITY: NA
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
To hear and decide appeals where it is alleged that there is an error in any order, requirement,
decision or determination made by a city administrative officer in the enforcement of the zoning
ordinance. The board shall be empowered to decide appeals when the decision of the board is by an
affirmative vote of three-fourths of the members present. A vote of less than three-fourths of the
members present shall serve only as a recommendation to the City Council, who shall then make the
final determination on the appeal. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant requested an adjustment in the Bluff Creek Overlay District (BCOD) Primary Zone
boundary. Staff denied the boundary adjustment and the applicant is appealing that decision. The
Planning Commission as the Board of Adjustments and Appeals may make a decision on the appeal.
PROPOSED MOTION:
“The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, affirms
the staff delineation of the Bluff Creek Primary Zone Boundary.”
Planning Commission
Bluff Creek Primary Zone Boundary
August 18, 2020
Page 2
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APPLICABLE REGULATIONS
Chapter 20, Article II, Sec. 20-28. - Board of appeals and adjustments.
Chapter 20, Article XXXI, Bluff Creek Overlay District
https://library.municode.com/mn/chanhassen/codes/code_of_ordinances?nodeId=CICO_CH20ZO_A
RTXXXIBLCROVDI
BACKGROUND
On February 10, 2020, the City Council adopted the 2040 City of Chanhassen Comprehensive Plan,
which guided an additional three acres of the site for office use, which corresponds to the area being
requested to move out of the Bluff Creek Primary Zone.
On May 26, 2009, the Chanhassen City Council approved (Planning Case #2009-06) the following:
A. “Rezoning of Lot 1, Block 1, from Agricultural Estate District, A2, to Office & Institutional
District, OI.” Please note that the rezoning of the parcel is only effective with the final
platting of the subdivision;
Planning Commission
Bluff Creek Primary Zone Boundary
August 18, 2020
Page 3
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B. “Conditional Use Permit with Variances to encroach into the Primary Zone and required
buffer for development in the Bluff Creek Corridor;
C. “Subdivision (Preliminary Plat) creating one lot, two outlots and dedication of public right-
of-way, plans prepared by Westwood Professional Services, Inc., dated April 1, 2009;
D. “Site Plan with Variances (Powers Crossing Professional Building) for building height
and Bluff Creek Primary Zone setbacks for a two-phase, three-story, 160,000 square-foot
professional office building, and up to a 731-stall, five-level parking ramp on Lot 1, Block 1
of the development, plans prepared by Pope Associates, Inc. and Westwood Professional
Services, Inc., dated April 1, 2009; and
E. “A sign size Variance request to permit an eight (8) foot tall sign with up to 64 square feet of
sign display area. (This project never went forward for development.)
Fairview Chanhassen Medical Center (Planning Case #2008-16)
As part of the city’s review of the Medical Center, a two-phase, three-story, 160,000 square-foot
medical center, and a 731-stall, five-level parking ramp, and signage, the city proposed granting
significant relief from the zoning regulations.
• The city revised the Primary Zone boundary to remove that portion impacted by grading
north of the pond and that portion impacted by the construction of TH 212.
• Allowed encroachment into the Primary Zone, a Conditional Use Permit with a Variance,
which made the site more developable.
• Approved a setback variance from the Primary Zone boundary as part of the site plan review.
• Used the green space within the Primary Zone to meet the majority of the pervious surface
for the office development.
• Prior to the development, the city approved a land use map amendment to the area
encompassing Lot 1, including the proposed right-of-way turn back area, from Residential
Low Density to Office (total area 10 acres).
While the Primary Zone must be retained as permanent open space, it may be used to meet a
development’s required green space. Additionally, for residential purposes, this area may be
included in calculating permitted density, provided it is not excluded by being undevelopable due to
wetland or bluff.
(This project became Planning Case #2009-06)
On October 23, 2006, the Chanhassen City Council approved the Wetland Alteration Permit #06-32
for the construction of an access and stormwater pond.
Planning Commission
Bluff Creek Primary Zone Boundary
August 18, 2020
Page 4
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The Bluff Creek Overlay District (BCOD). This district was created in 1998 based upon the
findings and recommendations of the 1996 Bluff Creek Watershed Natural Resources and
Management Plan.
SITE CONSTRAINTS
Bluff Creek Corridor
This parcel is encumbered by the Bluff Creek Overlay District.
The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect
the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of
careful site design and other low-impact practices. Section 20-1255 of the Chanhassen City Code
requires a conditional use permit for all development within the Bluff Creek Corridor.
The Bluff Creek Corridor Primary Zone is located on the property. The Primary Zone is designated
open space. All structures must meet a 40-foot structural setback from the Primary Zone boundary
as required by Chanhassen City Code. In addition, no grading is allowed within the first 20 feet of
the Primary Zone.
Bluff Protection
There are bluffs on the property.
Floodplain Overlay
This property is not within a floodplain.
Shoreland Management
The property is not located within a Shoreland Protection District.
Wetland Protection
There is a wetland located in the development site. At this time, no development proposal has been
submitted.
BLUFF CREEK OVERLAY DISTRICT
The Bluff Creek Overlay District was created in conjunction with the Bluff Creek Watershed Natural
Resources Management Plan in December 1996 to provide protection for Bluff Creek from the
deleterious effects of urbanization through the promotion of “innovative development techniques
such as cluster development...to measurably reduce the amount of impervious cover compared to
traditional development...” Another primary plan goal was the provision of educational
Planning Commission
Bluff Creek Primary Zone Boundary
August 18, 2020
Page 5
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opportunities for the students of Bluff Creek Elementary School and others. The Bluff Creek
Natural Resources Management Plan identifies the preservation of a continuous greenway from
Minnewashta Regional Park to the Minnesota River to provide a continuous corridor from
Minnewashta to the Minnesota River providing habitat, a greenway corridor and recreational
opportunities as a goal. The preservation of a greenway will also protect Bluff Creek from the
effects of increased runoff volume and rates. Lastly, the preservation of a greenway will help meet
the requirements of the Total Maximum Daily Load Implementation.
The City of Chanhassen established the Bluff Creek Overlay District, BCO, by ordinance in 1998 to
protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the
use of careful site design and other low-impact practices. This parcel is partially encumbered by the
Bluff Creek Overlay District. A conditional use permit shall be issued by the city for all
subdivisions, site plans, and prior to the erection or alteration of any building or land within the
BCO.
The Primary Zone is designated open space. All structures must meet a 40-foot structural setback
from the Primary Zone boundary as required by Chanhassen City Code. The first 20 feet of the
setback are required to remain buffer.
ANALYSIS
The site is located within the Bluff Creek Overlay District (BCOD). This district was created in
1998 based upon the findings and recommendations of the 1996 Bluff Creek Watershed Natural
Resources and Management Plan. The District was intended to have several functions. The primary
function of the District is to protect the geomorphology and hydrology of Bluff Creek, a 303d listed
impaired water, and to preserve the natural corridor from the Minnesota River Valley to Lake
Minnewashta Regional Park for aesthetic, recreational and wildlife benefits.
Planning Commission
Bluff Creek Primary Zone Boundary
August 18, 2020
Page 6
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Bluff Creek Primary Zone
The Primary Zone includes the forested area of the site and the wetlands contained therein, which
included the wetland that was filled as part of the approved wetland alteration permit in 2006.
The Bluff Creek Primary Zone does not only include land adjacent to Bluff Creek but also all those
areas within the Bluff Creek Watershed which drains to the creek and contain significant natural
areas. The corridor extends to the northeast from Erhart’s property to Highway 101.
Bluff Creek itself is truncated by many four-lane roadways along its path including Galpin
Boulevard (CSAH 117), Highway 5, Coulter Boulevard, Lyman Boulevard (CSAH 18), Pioneer
Trail (CSAH 14), Highway 101 and Flying Cloud Drive (CSAH 61).
The drainage map for this portion of the Bluff Creek Watershed is shown below:
Planning Commission
Bluff Creek Primary Zone Boundary
August 18, 2020
Page 7
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As can be seen, this area contributes to Bluff Creek. At one time, this area drained overland to Bluff
Creek. With urban development, the drainage has been confined in certain areas to pipes and
culverts.
The drainage pattern on top of the bluff takes local drainage and directs it west towards Powers
Boulevard. It also serves as the EOF for the large water body immediately east of the wooded area.
Lastly, there is a mitigation area located northerly on the property.
Planning Commission
Bluff Creek Primary Zone Boundary
August 18, 2020
Page 8
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Part of the discussion should be about the effects of urbanization on channel characteristics and flow
hydraulics. As the area tributary to Bluff Creek is converted from prairie and woodland conditions to
urbanized conditions, the following occurs:
1. Base flow is decreased which leads to a failure to support aquatic vertebrates.
2. The flashiness of the flows increase as water is directed to the creek faster than under natural
conditions.
3. The duration of the elevated flows is increased. Even with the installation of detention ponds,
it still leads to a longer duration of peak flows even if the peak flow is decreased from an
urbanized condition without ponds.
4. All of this leads to increased scouring, head cutting, escarpment formation and sediment
loading and deposition.
5. This increased sediment load falls out of suspension downstream and leads to an embedded
condition meaning there is a diminished fish habitat as the small riffles formed in the cobbled
substrate disappear. This also leads to an increase in water temperature and a decrease in
transitivity of light and reduced plant and plankton production.
It is for this reason that we look at the entire watershed and not just that which is immediately
adjacent to Bluff Creek.
To facilitate the preservation of the natural resources on this property, the city proposed as part of
Planning Case #2009-06 the dedication of a conservation easement over the Primary Zone north of
the proposed access road and east of the office building.
Planning Commission
Bluff Creek Primary Zone Boundary
August 18, 2020
Page 9
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City Code specifies how the Primary Zone boundary is determined:
Section 20-1555 (b)
Boundaries; maps. The primary and secondary zones include land that is generally defined in this
ordinance and in the Bluff Creek Watershed Natural Resources Management Plan. Boundaries as
established by officially adopted city maps shall be prima facie evidence of the location and type of
watershed zone. The official maps shall be developed and maintained by the planning department.
The applicant shall provide appropriate technical information, including but not limited to a
topographical survey, flora and fauna survey and soil data deemed necessary for the city to
determine the exact watershed zone boundary. The community development director shall make a
determination to maintain the officially designated watershed zone boundary or if the boundaries
need to be corrected on city plans and maps based upon the data that is supplied. Data for watershed
zone delineation shall be generated and provided by a qualified professional specializing in
watershed management, environmental science or other related profession. The applicant may
appeal the community development director's determination of the watershed zone boundary and
type to the city council.
(Emphasis added)
Per Sec. 20-1555 of the City Code, in order to make an accurate boundary determination for the
Bluff Creek Overlay district, “the applicant shall provide appropriate technical information,
including but not limited to a topographical survey, flora and fauna survey and soil data deemed
necessary for the city to determine the exact watershed zone boundary.” While the applicant
provided both a topographic survey and a tree survey, none of these materials sufficiently show that
Planning Commission
Bluff Creek Primary Zone Boundary
August 18, 2020
Page 10
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the boundary should be amended. The topographic survey shows a number of areas on the site with
slopes greater than 25%, and a review of the Web Soil Survey shows that highly erodible soils exist
on site. These are key factors when considering areas for boundary revision as both can more easily
result in drainage and erosion issues that would ultimately lead to Bluff Creek. In addition, the tree
survey shows that many native, mature trees exist on the site, including red oak, bur oak, aspen,
basswood, eastern red cedar, and elm. Along with the trees, there are grasses and prairie habitat in
this area. This combination of native trees and grasses provides valuable habitat that serves to limit
erosion, promote infiltration, and decrease runoff on that landscape that eventually leads to Bluff
Creek.
In their most recent submittal dated June 18, 2020, the applicant states that because the factors listed
above (native trees, steep slopes, etc.) exist in other parts of the city that might be developable, that
they also should be allowed to be developable. While it is true that these factors exist throughout
Chanhassen, each time they are reviewed for proposed development, they should be evaluated and
considered on an individual basis. This is especially true when within an environmentally sensitive
corridor such as the Bluff Creek Overlay District.
The area in appeal has a quality mix of native tree species including oaks, basswood, maples, aspen,
elm and more. A tree survey was completed in 2019 and shows that the parcel contains a range of
sizes and species indicating a healthy, regenerating native woodland. A number of large oaks exist
on the parcel indicating a historically wooded environment. This significant stand of mature trees is
the type of cover specifically intended for protection by the BCOD. The area is also separated by a
natural topographic break from the adjacent property that received an adjustment of the BCOD line.
The area currently within the boundary contains a steep knoll and adjacent low area that are naturally
occurring topographic features of the site. Like the existing vegetation, these significant topographic
features meet the criteria for inclusion within the overlay district and remain protected.
In conclusion, given that the applicant did not provide sufficient data as to why this specific area
should be excluded from the Bluff Creek Overlay District, staff recommends that the proposed
boundary revisions should be denied.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments,
affirm staff’s Bluff Creek Overlay District Primary Zone boundary determination.
ATTACHMENTS
1. Findings of Fact and Decision
2. Development Review Application
3. Narrative
4. Existing Conditions Map
5. Hydric Rating Map
6. Letter to Tim Erhart dated February 5, 2020 regarding Bluff Creek Primary Zone Boundary
7. Email from Jerry Ruegemer to Bob Generous dated August 7, 2020
8. Affidavit of Mailing of Public Hearing Notice
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Timothy A. & Dawne M. Erhart appealing staff’s determination of the Bluff
Creek Primary Zone boundary on property zoned Agricultural Estate District, A-2 – Planning
Case #2020-13.
On August 18, 2020, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed appeal preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate District, A-2.
2. The property is guided in the Chanhassen Comprehensive Plan for Office Use.
3. The legal description of the property is Outlot A, Butternut Ridge Addition, Carver County,
Minnesota.
4. The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to
protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees
through the use of careful site design and other low-impact practices.
5. The Primary Zone boundary is located on the subject property.
6. The Primary Zone includes the forested area of the site and the wetlands contained therein.
7. The Bluff Creek Primary Zone does not only include land adjacent to Bluff Creek, but also
all those areas within the Bluff Creek Watershed which drain to the creek and contain
significant natural areas.
8. Boundaries as established by officially adopted city maps shall be prima facie evidence of the
location and type of watershed zone. The official maps shall be developed and maintained by
the planning department.
9. The applicant shall provide appropriate technical information, including but not limited to a
topographical survey, flora and fauna survey and soil data deemed necessary for the city to
determine the exact watershed zone boundary.
2
10. The community development director shall make a determination to maintain the officially
designated watershed zone boundary or if the boundaries need to be corrected on city plans
and maps based upon the data that is supplied.
11. The information provided by the applicant does not show that the boundary should be
amended.
12. The planning report #2020-13, dated August 18, 2020, prepared by Robert Generous, et al, is
incorporated herein.
DECISION
The Board of Appeals and Adjustments denies the Bluff Creek Overlay District Primary
Zone boundary appeal and affirms staff’s boundary determination.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 18th day of
August, 2020.
CITY OF CHANHASSEN
BY:
Steve Weick, Chairman
g:\plan\2020 planning cases\20-13 bluff creek overlay district appeal - erhart\findings of fact and decision - appeal.doc
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
TREE TAG SPECIES SIZE (DBH)NOTES TREE TAG SPECIES SIZE (DBH)NOTES TREE TAG SPECIES SIZE (DBH)NOTES TREE TAG SPECIES SIZE (DBH)NOTES
5001 Bur Oak 25 Dead
5002 Bur Oak 38 Dead
5003 Red Oak 12 Biologically Damaged
5004 Colorado Spruce 10
5005 Colorado Spruce 11
5006 Colorado Spruce 10
5007 Colorado Spruce 11
5008 Colorado Spruce 13
5009 Colorado Spruce 10
5010 Colorado Spruce 11
5011 Colorado Spruce 10
5012 Colorado Spruce 10
5013 Colorado Spruce 10
5014 Colorado Spruce 12 Biologically Damaged
5015 Colorado Spruce 13 Biologically Damaged
5016 Colorado Spruce 10
5017 Colorado Spruce 11
5018 Colorado Spruce 10
5019 Colorado Spruce 12
5020 Colorado Spruce 10
5021 Colorado Spruce 10
5022 Eastern Red Cedar 12
5023 White Pine 17
5024 Red Pine 12
5025 Red Pine 13
5026 Red Pine 11
5027 Red Pine 13
5028 Colorado Spruce 10 Biologically Damaged
5029 Red Pine 11 Biologically Damaged
5030 Colorado Spruce 12
5031 American Elm 10 Physically Damaged
5032 Bur Oak 10
5033 Eastern Red Cedar 16
5034 Eastern Red Cedar 12
5035 Eastern Red Cedar 10
5036 Eastern Red Cedar 11 Biologically Damaged
5037 Eastern Red Cedar 11
5038 Colorado Spruce 10
5039 Colorado Spruce 11
5040 Colorado Spruce 10
5041 Colorado Spruce 12
5042 Boxelder 14
5043 Siberian Elm 20
5044 Siberian Elm 10 Dead
5045 Eastern Red Cedar 15
5046 Eastern Red Cedar 11
5047 Eastern Red Cedar 11
5048 Eastern Red Cedar 14
5049 Black Cherry 11
5050 Eastern Red Cedar 13
5051 American Elm 14
5052 Basswood 12
5053 Basswood 14
5054 Ironwood 15
5055 Basswood 15
5056 Basswood 16
5057 Hackberry 11
5058 Eastern Red Cedar 16
5059 Bur Oak 10
5060 Black Cherry 10 Dead
5061 Eastern Red Cedar 15
5062 Bur Oak 12
5063 Black Cherry 11
5064 Basswood 16
5065 Hackberry 12
5066 Basswood 13
5067 American Elm 14 Dead
5068 Basswood 36
5069 Bur Oak 32
5070 Basswood 12
5071 Basswood 13
5072 Basswood 10
5073 Basswood 13
5074 Red Oak 15
5075 Basswood 13
5076 American Elm 10 Dead
5077 Bur Oak 20 Dead
5078 American Elm 11
5079 Basswood 10
5080 Basswood 11
5081 Paper Birch 10
5082 Eastern Red Cedar 15 Biologically Damaged
5083 Eastern Red Cedar 16 Biologically Damaged
5084 Red Oak 12
5085 Paper Birch 10
5086 Basswood 10
5087 Ironwood 17
5088 Ironwood 10
5089 Ironwood 10
5090 Basswood 11
5091 Basswood 12
5092 Basswood 11
5093 Basswood 11
5094 Siberian Elm 10
5095 Bur Oak 30
5096 Bur Oak 32
5097 Bur Oak 24
5098 Bur Oak 30
5099 Basswood 11
5100 Basswood 10
5101 Basswood 11
5102 Eastern Red Cedar 11 Biologically Damaged
5103 Eastern Red Cedar 13
5104 Basswood 11
5105 Basswood 10
5106 Aspen 11
5107 Aspen 10
5108 Aspen 12
5109 Aspen 10
5110 Aspen 10
5111 Ash 10
5112 Bur Oak 18
5113 Black Cherry 10
5114 American Elm 10
5115 American Elm 10
5116 American Elm 12
5117 Bur Oak 33 Dead
5118 Bur Oak 44
5119 Yellow Birch 10
5120 Ash 10
5121 Aspen 10
5122 Aspen 12
5123 Aspen 12
5124 Aspen 12
5125 Aspen 10
5126 Aspen 10
5127 Aspen 11
5128 Aspen 10
5129 Eastern Red Cedar 10
5130 Aspen 10
5131 Aspen 12
5132 Aspen 10
5133 Aspen 10
5134 Aspen 12
5135 Aspen 12
5136 Aspen 11
5137 Aspen 10
5139 Aspen 10
5140 Eastern Red Cedar 9
5141 Red Oak 13
5142 Aspen 12
5143 American Elm 13 Dead
5144 Aspen 10
5145 Basswood 11
5146 Basswood 10
5147 Basswood 11
5148 Basswood 11
5149 Basswood 12
5150 Basswood 16
5151 Bur Oak 26 Dead
5152 Red Oak 11
5153 Red Oak 13
5154 Red Oak 12
5155 Bur Oak 23
5156 Sugar Maple 30
5157 Bur Oak 29
5158 Bur Oak 20
5159 Bur Oak 26
5160 Bur Oak 36
5161 Red Oak 11
5162 Bur Oak 26
5163 Bur Oak 39
5164 Bur Oak 20
5165 Bur Oak 25
5166 Eastern Red Cedar 11
5167 Bur Oak 32 Dead
5168 Red Oak 10
5169 Eastern Red Cedar 10
5170 Eastern Red Cedar 11
5171 Bur Oak 39
5172 Bur Oak 27
5173 Bur Oak 29
5174 Bur Oak 30
5175 Basswood 15
5176 Basswood 10
5177 Bur Oak 34
5178 Bur Oak 26
5179 Eastern Red Cedar 17
5180 Eastern Red Cedar 19
5181 Siberian Elm 16
5182 Eastern Red Cedar 17
5183 Bur Oak 30
5184 Bur Oak 26
5185 Bur Oak 29
5186 Bur Oak 30
5187 Bur Oak 24
5188 Bur Oak 31
5189 Bur Oak 32
5190 American Elm 12 Dead
5191 Basswood 16
5192 Bur Oak 40
5193 American Elm 10 Dead
5194 Bur Oak 28
5195 Black Cherry 11
5196 Bur Oak 30
5197 Bur Oak 28
5198 Sugar Maple 10
5199 Bur Oak 25
5200 American Elm 13
5201 Bur Oak 28
5202 Bur Oak 31
5203 Siberian Elm 12
5204 Red Oak 12
5205 Red Oak 13
5206 Hackberry 12
5207 Hackberry 12
5208 Bitternut Hickory 10
5209 Black Cherry 13
5210 American Elm 13 Dead
5211 Eastern Red Cedar 15
5212 Red Oak 14
5213 Red Oak 12
5214 Red Oak 12
5215 Red Oak 17
5216 White Pine 15
5217 Eastern Red Cedar 15
5218 Eastern Red Cedar 11
5219 Eastern Red Cedar 10
5220 Red Pine 11
5222 Red Pine 14
5223 Eastern Red Cedar 14
5224 Black Walnut 10
5225 Red Pine 15
5226 Black Cherry 10
5227 Black Cherry 10
5228 Black Cherry 10
5229 Black Walnut 13
5230 Basswood 10
5231 Bur Oak 24
5232 Eastern Red Cedar 11
5233 Red Oak 11
5234 Red Oak 11
5235 Bur Oak 28
5236 Eastern Red Cedar 19 Biologically Damaged
5237 Sugar Maple 10
5238 Eastern Red Cedar 13 Biologically Damaged
5239 Sugar Maple 15
5240 Bur Oak 32
5241 Ironwood 12
5242 Bur Oak 19
5243 Bur Oak 29
5244 Bur Oak 20
5245 Bur Oak 29
5246 American Elm 10
5247 Bur Oak 21
5248 Bur Oak 24
5249 Bur Oak 25
5250 Bur Oak 18
5251 Ironwood 10
5252 Ash 10
5253 Ash 10 Dead
5254 Bur Oak 32
5255 Aspen 14
5256 Aspen 15
5257 Aspen 14
5258 Aspen 12
5259 Aspen 15
5260 Bur Oak 32
5261 Bur Oak 30
5262 Bur Oak 26 Dead
5264 Bur Oak 31
5265 American Elm 13
5266 Ironwood 13
5267 Bur Oak 29
5268 Black Cherry 12
5269 Basswood 13
5270 Ironwood 10
5271 Bur Oak 23
5272 Bur Oak 20
5273 Bur Oak 14
5274 Bur Oak 36
5275 Eastern Red Cedar 10 Biologically Damaged
5276 Bur Oak 18
5277 Eastern Red Cedar 10
5278 Bur Oak 17
5279 Bur Oak 21
5280 Bur Oak 20
5281 Bur Oak 31
5282 Red Oak 10
5283 Bur Oak 26
5284 Bur Oak 27
5285 Bur Oak 29
5286 Bur Oak 23 Dead
5287 Bur Oak 12
5288 Bur Oak 26
5289 Bur Oak 27
5290 Bur Oak 16
5291 Bur Oak 24
5292 Bur Oak 21
5293 Bur Oak 61
5294 Eastern Red Cedar 10 Biologically Damaged
5295 Bur Oak 17
5296 Bur Oak 17
5297 Bur Oak 16
5298 Bur Oak 18
5299 Bur Oak 13
5300 Bur Oak 20
TREE TAG SPECIES SIZE (DBH)NOTES TREE TAG SPECIES SIZE (DBH)NOTES
Hydric Rating by Map Unit—Carver County, Minnesota
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
5/28/2019
Page 1 of 5496414049642104964280496435049644204964490496456049646304964700496414049642104964280496435049644204964490496456049646304964700456350456420456490456560456630456700456770
456350 456420 456490 456560 456630 456700 456770
44° 50' 4'' N 93° 33' 9'' W44° 50' 4'' N93° 32' 48'' W44° 49' 44'' N
93° 33' 9'' W44° 49' 44'' N
93° 32' 48'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 15N WGS84
0 100 200 400 600
Feet
0 40 80 160 240
Meters
Map Scale: 1:2,960 if printed on A portrait (8.5" x 11") sheet.
Soil Map may not be valid at this scale.
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Rating Polygons
Hydric (100%)
Hydric (66 to 99%)
Hydric (33 to 65%)
Hydric (1 to 32%)
Not Hydric (0%)
Not rated or not available
Soil Rating Lines
Hydric (100%)
Hydric (66 to 99%)
Hydric (33 to 65%)
Hydric (1 to 32%)
Not Hydric (0%)
Not rated or not available
Soil Rating Points
Hydric (100%)
Hydric (66 to 99%)
Hydric (33 to 65%)
Hydric (1 to 32%)
Not Hydric (0%)
Not rated or not available
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:12,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Carver County, Minnesota
Survey Area Data: Version 15, Sep 13, 2018
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Sep 12, 2010—Aug
2, 2016
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Hydric Rating by Map Unit—Carver County, Minnesota
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
5/28/2019
Page 2 of 5
Hydric Rating by Map Unit
Map unit symbol Map unit name Rating Acres in AOI Percent of AOI
GL Glencoe clay loam, 0 to
1 percent slopes
100 0.8 1.7%
HM Hamel loam, 0 to 2
percent slopes
90 10.2 22.1%
KB Kilkenny-Lester loams, 2
to 6 percent slopes
0 3.3 7.2%
KB2 Lester-Kilkenny loams, 2
to 6 percent slopes,
eroded
0 2.5 5.3%
KC Lester-Kilkenny loams, 6
to 12 percent slopes
0 7.2 15.6%
KC2 Lester-Kilkenny
complex, 6 to 10
percent slopes,
moderately eroded
5 4.0 8.7%
KD2 Lester-Kilkenny
complex, 10 to 16
percent slopes,
moderately eroded
5 3.6 7.9%
KE2 Lester-Kilkenny
complex, 16 to 22
percent slopes
5 8.8 19.0%
KF Lester-Kilkenny
complex, 22 to 40
percent slopes
0 0.5 1.0%
MK Muskego and Houghton
soils, 0 to 1 percent
slopes
100 3.3 7.2%
TB Terril loam, 2 to 6
percent slopes
8 2.0 4.2%
Totals for Area of Interest 46.3 100.0%
Hydric Rating by Map Unit—Carver County, Minnesota
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
5/28/2019
Page 3 of 5
Description
This rating indicates the percentage of map units that meets the criteria for hydric
soils. Map units are composed of one or more map unit components or soil
types, each of which is rated as hydric soil or not hydric. Map units that are made
up dominantly of hydric soils may have small areas of minor nonhydric
components in the higher positions on the landform, and map units that are made
up dominantly of nonhydric soils may have small areas of minor hydric
components in the lower positions on the landform. Each map unit is rated based
on its respective components and the percentage of each component within the
map unit.
The thematic map is color coded based on the composition of hydric
components. The five color classes are separated as 100 percent hydric
components, 66 to 99 percent hydric components, 33 to 65 percent hydric
components, 1 to 32 percent hydric components, and less than one percent
hydric components.
In Web Soil Survey, the Summary by Map Unit table that is displayed below the
map pane contains a column named 'Rating'. In this column the percentage of
each map unit that is classified as hydric is displayed.
Hydric soils are defined by the National Technical Committee for Hydric Soils
(NTCHS) as soils that formed under conditions of saturation, flooding, or ponding
long enough during the growing season to develop anaerobic conditions in the
upper part (Federal Register, 1994). Under natural conditions, these soils are
either saturated or inundated long enough during the growing season to support
the growth and reproduction of hydrophytic vegetation.
The NTCHS definition identifies general soil properties that are associated with
wetness. In order to determine whether a specific soil is a hydric soil or nonhydric
soil, however, more specific information, such as information about the depth and
duration of the water table, is needed. Thus, criteria that identify those estimated
soil properties unique to hydric soils have been established (Federal Register,
2002). These criteria are used to identify map unit components that normally are
associated with wetlands. The criteria used are selected estimated soil properties
that are described in "Soil Taxonomy" (Soil Survey Staff, 1999) and "Keys to Soil
Taxonomy" (Soil Survey Staff, 2006) and in the "Soil Survey Manual" (Soil Survey
Division Staff, 1993).
If soils are wet enough for a long enough period of time to be considered hydric,
they should exhibit certain properties that can be easily observed in the field.
These visible properties are indicators of hydric soils. The indicators used to
make onsite determinations of hydric soils are specified in "Field Indicators of
Hydric Soils in the United States" (Hurt and Vasilas, 2006).
References:
Federal Register. July 13, 1994. Changes in hydric soils of the United States.
Federal Register. September 18, 2002. Hydric soils of the United States.
Hydric Rating by Map Unit—Carver County, Minnesota
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
5/28/2019
Page 4 of 5
Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric
soils in the United States.
Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service.
U.S. Department of Agriculture Handbook 18.
Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for
making and interpreting soil surveys. 2nd edition. Natural Resources
Conservation Service. U.S. Department of Agriculture Handbook 436.
Soil Survey Staff. 2006. Keys to soil taxonomy. 10th edition. U.S. Department of
Agriculture, Natural Resources Conservation Service.
Rating Options
Aggregation Method: Percent Present
Component Percent Cutoff: None Specified
Tie-break Rule: Lower
Hydric Rating by Map Unit—Carver County, Minnesota
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
5/28/2019
Page 5 of 5
CITY OT CHAI'IHASSXN
Chanhassen is a Community for Life - providing for Today and Planning for Tomonow
February 5, 2020
Mr. Tim Erhart
961 I Meadowlark Lane
Chanhassen, MN 553 I 7-8695
Re: BluffCreek Primary Zone Boundary
Dear Mr. Erhart
I am writing to respond to your request to modifl the BluffCreek Overlay District primary zone boundary
map as it relates to your property east ofPowers Boulevard (PID 251550022\.
The city hired WSB to review your property to determine ifa primary zone boundary adjustment was
appropriate. Based on their review ofthe information you supplied, City Code, applicant request, and city
and Riley Purgatory BluffCreek Watershed District documents, and rules regarding the definition and
determination for a bluffoverlay district and available GIS mapping and information, the consultant
recommended that a small portion ofthe site be removed from the primary zone from the east side ofthe
primary zone, but the westem boundary not be modified. (See attached Memorandum from WSB dated
December 10, 2019.) This recommendation is consistent with the city's review dated May 19,2016
(attached).
Ifyou do not agree with this interpretation, then you may appeal this decision to the Board ofAppeals and
Adjusments pursuant to Section 20-29 ofthe Chanhassen City Code. A development review application and
$ 100.00 appeal fee must be submifted for an appeal.
Ifyou have any questions or need additional information, please contact me at (952) 227 -1139 or
kaanenson{7 c i.chanhassen.mn. us.
Si v
Kate AICP
Community Development Director
Todd Gerhardt, City Manager
Bob Generous, Senior Planner
Charlie Howley, City Engineer/Public Works Director
Matt Unmacht, Water Resources Coordinator
Andi Moffatt, WSB
The city will implement the revision of the Bluff Creek Overlay District primary zone boundary removing the
area shown in green and correcting the map to show the area shown in blue, which is within the subwatershed
zone draining west ofthe ridge top, on the attached Map 3, Potential Exclusion Area.
Enclosures
PH 952.227.1 I 00 . www.ci.chanhassen.mn.us . FX 952.227.1110
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Memorandum
To:
Fron:
Date:
Re:Review of BCOD br Erhart Property
\rtBB Project No. 15183-{D0
On behalf of the Gity of Chanhassen, please see the review and determination of the Erhart
Property adiustment requesl as it pertains to the City's Blufi Creek Overlay District ordinance
d. Foster the creation of a greenway conn€c{ing Lake Minnewashta Regional park and
the Minnesota River Valley. The greenway will serve as an unintenupted pedestrian
hail, bikeway system, and wildlib conidor afioding opporhrnities for recreation,
education, physical fitness and nonmotorized transportation.
Bob Generous, Cig of Chanhassen
Oecember 10, 2019
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Background lnformrtio0
The Citfs Blufi Creek Overlay Disfict (BCOD) was developed in March 1997 as the end product
of the Blufi Creek Watershed Natural Resources Management plan. The purpo€e of the BCOD is
to:
Protecl the Blufi Creek Conirlor, weflands, bluffs, and significant stands of mature
fees through the use of careful site design, probctive @venants, sensitive alignment
and desbn of roadways and utilities, incorporation of natural batures, landscaping,
techniques outlined in the cit/s surface mter management plan, and the praciices
delineated in the civs surhce water managemer plan.
b. Encourage a development patbm that allows peopb and nature to mix spanning
multiple ecosystems. Development in the coridor should be ecologir=lly desened
and built around natural featurE suct as fees, wethnds, and blufrs. SEnificant
natural batures should impac-t devslopment ralher han development impac{ing
significant nafural Eahlr€s. The natural qualilies of the conidor should be preserved
to ensure suffcient habitat area br wildlib.
c. Promote innovative developrn€nt tecfiniqu€s sudl as duster development and open
space subdivisions to measurably reduce the arnount of impervious cover compared
to traditional de\relopment practices resulting in s(rnificant portions of a site being
retained as pemanent, protecied open spsce.
a
e
,. lmphment the polft:ies and recommenddions bund in the Blufr Creek Watershed
Nafural Resources Management Plan.
Encourage cost efiective site development. Op€n space design practices can reduce
infrastructure engineering and construction costs because of lot configurations,
shortened strBets, and reduced utility runs. Long term cost savings can also be
realized by the City of Chanhassen associated with infrastructure maintenance costs.
Kr015183& .ffiDoc.tr/Euo - 120a19 - BCOO R4i(!* Coiduadt .doc(
tuidi Mofiatt, WSB
lratt Unmac-ht, WSB
December 10, 2019
Page 2
3.
ThemapoftheBcoDiscurren0ymaintainedbythecityasa.Glslayer.Alandownerdeveloper,
;,ty ;t;;il"&", or offrer may present eviden-ce as.to why the boundary should be placed in a
specifi; bcation. This argument must consider the following:
l.Drainageboundaries-ifthesitedoesnotdrainintotheBluffCreekthenitshouldnotbe
inciuOel in he BCOD. Drainage does not need to be a direc't connection but must simpty
have a hydraulic nerus _ cuMert, ditch, overland, sheet llotv or other @nveyance.
Existence of natiye communities - does the area have a unque or potected nafural
,"*rra"t"ta"t"stomeettheobiec{ivesoffreBlufrCreekNaturalResourc6
Management Plan?'-'-'a."-wenanos provide surface wdar dstention, watef quality, fiood abatement habitat
and educdional opPorhinities
O. Wooatanos provid absbaction and decreas€ runofi to Blufi Creek They limit-
"noi* ""0'p.t*e infibaton whidl can bonefit bas€ iox's within the deek'
They abo provue habitat and a€!fiGtic velue'
c. Praiirle and meadow areas also prornote infilffiion thereby decreasing runofi'- td;, ;."i.", and llashiness within the ctannel and other beneffis sucfi as bse
flor within Blufi Creek.
Topography - are blufrs, sGep slop€s defned as areas with av-erage slopes exceeding
ZS'pe-dnt, or o$er hnd mat'are iuscedible to erosion and mass soil movernent
presenO
2
Findlngs
Drainage boundaries: The City's subwabrshed mapping is attacfied in X'p {' This
;hil"tt-p",1i"" ort," pat"ir rt"t It within thG Blufi Creok vrdershed, Bc-As' 12
iru;".riii. it e topolraprry uased on LiDAR datBd 2012 h6 et o been reviewed and
[-Jt,i" ""
tr.p i. rfis-subv;tgrshcd appea]s b drain to l co .nstuded pond adjacent
to Fowers Boulevard and then overllow t6 the south, wtri*r then b direc'ted under a
curveri unoer ure rcao b ur€st. Ther€fore, th€re is a hydrologic connection to Blufi creek.
i;;;;;;ih". t a srnal .edion within 6,€ BCOD th;t does not drain to Blufi Creek and
166r"i O.iinjto ne east to Lake Rilsy, and is within the Riley Creek Subqratershed. This
small area that drains east is highlighted on th€ f.P 3'
The findings br the drainage boundary-a]e thet the P9OP and the portion of.this parcel
n&J in Ol ACOO do€s dAin to Btuftoro€k, except br the small erea that drains to
Lake Riley. Thb area could be removed from the BCOD'
Native communitbs:---'". -w"una":
Based on National Wotlind lnventory, city mapdng' and aif .plgtog'- t
"r"
i.i r.rg" wefland on the east of the efea in quGtion within the PlD, but
ttra ls not w#rin tre Blufi Cre€k drainage area' There appeas to be a storm
.
ffid ulat;;-a*at"d imrnadiately a-diacent to Porcrs Boulevard - this area b
h& consltered yr€[anO. There Oo-not Lppsar to be any other wetlands within the
abr Creek suhmte|Ehed within Orb piriet. Aas€d on $is infomatbn' here do
naappeartoUeweUandswithinslbper6l'ssubu'atershedthatprovUebenefit
to Blui Cteek, so this land cover is not apPlicable'
1
2
K\015183{00\AdminEocs\tulEMo-'l2O41S-BCODReviewConclusionsdocx
December 10, 2019
Page 3
b. Woodlands: Air photos show various areas of wooded areas or scattered trees.
The landowner provided a tee inventory dabd August 2, 2019. Based on the
hee inventory within the existing blufr overhy disfbt there are difiering tree
specbs within the parcel. Th6e trees primarily include red oak, bur oak, aspen,
basswood, easEm r6d cedar, and elm. Thes€ are native species to Minnesota.
Based on the inbrmation proviled in the tee survey, it appears there is suffcient
native rvoodlands that would provide valuable habitrat wilhin the Blufi Creek
watershed.
c. Grasslands: Ba6€d on a review of aerbl phob6, there arc grasslands in the
BCOD arBa. These areas promote infiltration and reduce runofi creating benefits
within the BCOD.
The findings fur the presenoe d native mmmunitbs are that the area within Ore
BCOD does contain native woodhnd phnt communiti€s, as well as grassland areas
hat provide ben€fits to fl€ BCOD.
3. Topography: The ordinance states that slopes exceeding 25 percent shall be
preseNed in a nafural state. map 2 shows arEas that have slopes greater than 25olo
Addibonally, soils that are erosive in nature should be consirered. rp 4 shou6 the
soils categorized based on their erodibility. There are erodible soils and steep slopes
within the BCOD area within the parcel.
Scils infumation uas also reviersd from the County Soil Surwy. Th€ soils wihin the
exbting BCOD are a8 bllow5:
. HM - Hamel Loam. KB - Kilkenny-L€sbr loems
The findings regarding topography and eoils show that there are highly erodible or
pobntially highly erodible soils and sGep slopes within the BCOD area wihin the
parcel. Protecning and defining tfi6e areas wihin the BCOD b appropriate per the
BCOD ordinance.
Goncluslona
The property in questbn was revieryed wih respect to tle above criterie. The PID contains a
numb€r areas that uould qualiry it to b€ indud€d in the Blufi Creek Overlay Disfict. The majority
of the aree in question drains to Blufi Cre€k. Of th€se ar€as, the majodty contain ether
excessively steep slopes, erodible soils, or u/oodland or grasshnd habitat. There is one small
area that is within the parcel but not within the Bluff Creek Suhratershed, and topography shows
this area would not drain to Blufi Creek. As su€fi, thb area can be consUered for exclusion ftom
the BCOD. The remaining areas appear to qualify to remain in the BCOD.
lf you have any questions, please call fiE al76!287-7196 or email me al
amo fat@ 6beno.corn.
K1015183-000\Admin\Docs\t\rEMO - 12U19 - BCOD Review Conclusions.docx
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May 19, 2016
Mr. Tim Erhart
RE: Bluff Creek Overlay District
Dear Mr. Earhart,
This letter is meant to be illustrative of the purpose and delineation of the Bluff creek overlay District'
especially as it pertains to your property located east of Powers Boulevard and north of Pioneer Trail'
The Bluff creek overlay District first came into existence in March of 1997 as the end product of the
Bluff Creek Watershed Natural Resources Management Plan. The plan identified five primary goals and
these goals were further resolved based upon a variety of factors' They are as follows:
1. protection, restoration and enhancement of natural resources. This goal sought to divide the
watershed into regions and set management goals and techniques for these regions to protect
habitat and water quality.
2. Acquire and develop a continuous greenway corridor for aesthetics, recreation, water quality
protection and wildlife habitat preservation'
3. Minimize and/or avoid the impacts of development pressures'
4. Provide educational opportunities for all ages'
5. Development of a Natural Resources Management Plan that spans multiple jurisdictions'
These realizations were supported and/or expounded upon in the 1997 Bluff Creek Corridor Feasibility
study and then again in the 2oo9 Bluff creek TMDL BioloSical stressor ldentification Report, the 2013
Bluff creek watershed Total Maximum Daily Load Report: Turbidity and Fish Bioassessment
lmpairments and lmplementation Plan. Allthese reports supported the basic underlying premise that
the cause for the degradation of Bluff creek is the urbanization of the contributing watershed and
subsequent alterations to the flow regime. The last identified
The map currently maintained by the city as a Gls layer as well as contained within the Bluff creek
Natural Resources Management Plan is prima facie evidence but is not considered the definitive
boundary.Alandowner,developer,cityrepresentativeorothermaypresentevidenceastowhythe
boundary should be placed in a specific location. This arSument must consider the following:
1. Drainage boundaries. lf the site does not drain into the Bluff creek than it should not be
included in the BcoD. Drainage does not need to be a direct connection but must simply have a
hydraulic nexus - culvert, ditch, overland sheet flow or other conveyance'
2. Existence of native communities. Does the area have a unique or protected natural resource
that serves to meet the objectives of the Bluff creek Natural Resources Management Plan?
a.Wetlandsprovidesurfacewaterdetention,waterquality,floodabatement,habitatand
educational oPPortunities.
b. Woodlands provide abstraction and decrease runoff to BluffCreek. They limit erosion
and promote infiltration which can benefit base flows within the creek' They also
provide habitat and aesthetic value'
c. Prairie and meadow areas also promote infiltration thereby decreasing runoff, scour,
erosion, flashiness within the channel and other benefits such as base flow within Bluff
Creek.
3. Topography. Are bluffs, steep slopes or other land that are susceptible to erosion and mass soil
movement present?
4. Connectivity. Will this site serve continuation of the green corridor, a trail corridor or other
recreational or educational purpose?
With the original 1996 plan, the BCOD was approximately as show in red in Figure 1. The shaded green
shows the current BCOD per the proposed Fairview limits. These boundaries are overlaid upon the 1991
aerial photoSraph showing the conditions that existed at the time the BcoD was created.
Figure 7. Site conditions io 1997 with cufient BCOD oreo in
green, oiginalwestem limit oI BCOD in red ond proposed
boundory lrom Westwood exhibit in yellow.
Figure 2. Site conditions in 2014 with curreot BCOD oreo in
gteen, originol westem limit ol BCOD in red ond prcWed
boundory lrom westwood exhibit in yellow.
Given the criteria set forth for establishing the boundary, I do not see the justification for moving the
western boundary as shown.
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CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
( ss.
COUNTYOFCARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
August 6,2020, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy ofthe attached notice of a Public
hearing to consider a boundary appeal of the Bluff Creek Overlay District boundery
determination made by a city administrative officer for property located at the southwest
corner of Highw ay 212 end Powers Boulevard; Tnned Agriculture (A2)' Planning Case File
No.2020-13 to the persons named on attached Exhibit "A", by enclosing a copy ofsaid notice in
an envelope addressed to such owner, and depositing the envelopes addressed to all such owners
in the United States mail with postage firlly prepaid thereon; that the names and addresses of
such owners were those appearing as such by the records ofthe County Treasurer, Carver
County, Minnesota, and by other appropriate records.
Kim . Meuwissen, D eputy
Subscribed and s m to befo nle
(Seal)
JEAII I'SIECKLING
t{oaary Hflodl,h.to8da
thisLff dayof ,2020
No tary Public
90#t Er.5a,z}2
ut Ae*'
Subiect
Area
Otschl.|Er
This map is neither a legally re@rded map no. a survey and is not intended to te used
as one. This map is a compilation of records, informalion and data located in various city,
county, gtate and federal ofices and other sources regarding the area shown, and is to
be osed for reierence purF,oses only. The City does not warant that the Geographic
lnlomatjon System (GlS) Data us€d to prepare this map are enor free, and the Cfty does
not rcpresent thal the Gls Data can be used for navigational. tracking or any other
purpose aequiring exactng measurement oI dBtance ol directlon or precrsiofl in the
depiclion of geogEphic features. The p.eceding disdaimer is Povided pursuant to
Minnesota StaMes y66.03, Subd. 21 (2000), and the user of this map acknowledges
that the Crty shall not be liable for any alamages. and expressly waives all daims. and
agaees to delbnd. indemnify, and hold harmless the City from any and alldaims b.ought
by User. its employees or agents, or third padies whidr adse out of the usefs acaess or
use of data provided.
Dilcbim€r
This map is neither a legally €coded map nor a survey and is not intended to be used
as one This map is a @mpilation of recods. inlormatiofl and data located in various city.
county, state and federal ofrces and othea sources regarding the area shown. and is lo
be used lor refeEnce puDoses only. The City does not wanant that the Geographic
lnformation System (GlS) Data used to prepare thas map are enor free, and the Cfty does
not repres€nt that the Gls oata can be used for navigatronal. Itacling or any other
pupose requ'ring exacting measu€menl oI clistance or direction or preosion in the
deprction of gpographic Ieatures. The precedang dasdaamer is provided pu6uant to
Minnesota StaMes 5{66.03, Subd. 21 (2000), and the user of this map actnowledges
hat the Crty shall not be liable for any alamaO6. and epressly waiv* all daams, and
agrees to deiend, jndemnify, and hold harmless the city from any and all daims brought
by User, its employees or agents, or thid partles which arise out of lhe usefs a@ess or
use of data provrded.
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RETAIL 1
INF/POND
7
4
1 56POWERS BLVDCLASSIFICATION ASSUMED:
MANAGE 2 - CITY, MEDIUM RPBCWD
BUFFER REQUIREMENTS:
20' MIN.,40' AVG., 80' MAX - RPBCWD
20' MIN. + 30' SBK - CITY
WETLAND OR POND?
APPEARS AREA MAY HAVE BEEN EXCAVATED IN
2011 OR 2012?
TRAILHEAD
PARKING
10
6
5
8 9
3
2
55 54
CLASS A OFFICE CLASS A OFFICE
INF/POND
INF/PO
N
D
INF/PONDTRAIL
TRAILCLASS A OFFICE
POND
LIFT
STATION TRAIL
TH 212 RAMP
ERHART PROPERTY
CHANHASSEN, MN