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Home My WebLink AboutMN DNR_14000200162000_Conditional Use Permits_12-11-2002//■ I u .0 1 THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL 121 W JUNIUS SUITE 130, FERGUS FALLS, MN 56537 (218)739-2271 to‘“COMPLETE THIS APPLICATION IN BLACK INK*** $150.00Application Fee Receipt Number / Accepted By / Date 0k ajsole^ 218-758-2701R. Murray Partnership, LLP DAYTiME PHONEPROPERTY OWNER oU (tl»~ 5 oo^jf c/o James C. Erickson, 38555 Co Rd 44, Richville, MN 56576ADDRESS 56-383 Dead Lake LAKE CLASS Natural EnvironmentLAKE NUMBER LAKE NAME 29 & 30SECTION 19, 20/ township 135 RANGE 40 TOWNSHIP NAME Dead Lake i^14000190156000; #14000200159000; #14000200160000; #14000200161000; ADDRESS assignedJiL LEGAL DESCRIPTION #145t000290222000; #14000290223000 ' | M0OO300 See attached. CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) ommercial Use ^^(S^luster Development (4) Extractive Use (5) Industrial Use(1) Topographical Alteration (6) Forest Land Conversion (7) Miscellaneous EXPLAIN YOUR REQUEST Request conditional use permit for cluster development and limited commercial use related to the residential use within the Shoreland Management District bordering Dead Lake in Dead Lake Township.0^ dWClUl^'V^ \J \S\ p A\^«"Vi Cl I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES Ol(lLYTOTHE USE OF THE LAND. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. iA/lAytytA ^ l,LC- ^ SIG^TURE/OF PROPERTY OWNERum II zo OZ DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Rea^ive Notification As To The Date/Time Of Hearing) *West on 370th Street off of County Road 44 to Murray Road; south on Murray Road to property. BK-0600-006 305,909 • Victor Lundeen Co.. Printers • Fergus Falls. MN • 1-800-346-4870 ■t • t 1:jO P^fDate Of Planning commission Hearing Time Planning Commission Motion December 11, 2002 - Motion: A motion by Maske, second by Sha to table the request to allow for the process of an EAW. April 16, 2003 - Motion: A motion by Estes, second by Boyer to approve a maximum of 125 units and 102 boat slips with the following conditions; 1. The additional land (island/peninsula) must be included as being part of the project. 2. A storm water management plan must be approved by the MPCA. 3. An erosion control plan must be approved by the Land & Resource Management Office. 4. The sewage treatment system plan must be approved by the MPCA. 5. The demolition debris by the barn and the burn debris (from old cabins) must be cleaned-up and appropriately disposed. 6. The applicant must not Wetland I on the plan (received at the 4-16-02 PC Meeting) for storm water management. 7. Specific commercial use of any portion of the property will require subsequent PC approval. 8. Applicant must continue to work with OTC and the DNR to protect the water resources of Dead Lake; the Developer agreed to a “no wake” zone around the peninsula; a buoyed channel to and from the north marina; and limits on the use of the small cluster dock proposed for the southern bay to sailboats, canoes, paddle boats & small fishing/hunting boats; and/or other accommodations as identified and agreed to in the ongoing discussions with the County and the DNR. 9. Applicant must work with the DNR to protect the eagle’s nest on the property. 10. The project must be completed in ten (10) years. Chairman/Otter Tail County Planning Commission County Board Action Approved As Recommended Denied As Recommended Other I jvvoVort c-Ut+eA.1/ Chairry^/Otter Tail County Board of Commissioners Date of Final Action idM.t It js-) L & R Official / Date ^ ^CONDITIONAL USE PERMIT# Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management Copy of Application Mailed to Applicant And MN DNR__n to. A Conditional Use Permit # L^3o R.. llc Property Address 3t^o0 ^»— Nk5y fiS Range *4to Twp. Name d<ft-0 Owner’s Name Location: Lake l(,l. /CJ-. /C3 Work Authorized: c-ii/itr'6lu< Heivirt Aim* (Witeto^eM o{ H MWffe lOKtetS RnarA WItH *1& imsttc 4 ^7 ^aynH goard #f ___ Vf Decision ** ( iz*/I o^.), UwteSS /rTUtriMug I alKraffoin^ Myst' o /3^94y2^ ^ Land anJriesource Management Official / Date 1. Entire area shall be stabilized within 10 days of the completion of any earthmoving unless otherwise stated. 2. Owner is legally responsible for all surface water drainage that may occur. 3. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution. 4. This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is to be done, and shall be maintained there until completion of such work. 5. NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT, TELEPHONE (218) 998-8095, WHEN AUTHORIZED WORK HAS BEEN COMPLETED. Expires: 13-*^ l^'*’ JOUpValid: BK-1004-046 310,993 • Viaor LufxJwi Co,, Pnrteis • Far|)U8 Fi»s, MN • 1-800-346-4870 Legal Description; Parcel 1; Government Lot Three (3) excepting the North six hundred and sixty (660) feet and Government Lots Four (4) and Five (5), all in Section numbered Twenty (20) of J’ownship numbered One Hundred Thirty-five (135), North of Range numbered Forty (40) West of the Fifth Principal Meridian in the County of Otter Tail and State of Minnesota. Government Lots numbered Six (6), Seven (7), Eight (8) and Nine (9) of Section numbered Twenty (20) of Township numbered One Hundred Thirty-five (135), North of Range numbered Forty (40) West of the Fifth Principal Meridian in the County of Otter Tail and State of Minnesota. Government Lot numbered Six (6) of Section numbered Nineteen (19), and Government Lot numbered One (1) of Section numbered Twenty-nine (29), all in Township numbered One Hundred Thirty-five (135), North of Range numbered Forty (40) West of the Fifth Principal Meridian in the County of Otter Tail and State of Minnesota. (Torrens) Parcel 2: Government Lot numbered One (1) of Section numbered Thirty (30) in Township numbered One hundred Thirty-five (135) of Range numbered Forty (40) West of the Fifth Principal Meridian, Otter Tail County, Minnesota. (Abstract) Parcel 3: Government Lot numbered Two (2) of Section numbered Twenty-nine (29) Township numbered One-hundred Thirty-five (135) North of Range numbered Forty (40) West of the Fifth Principal Meridian, in the County of Otter Tail and State of Minnesota. (Abstract) OTC Board of Commissioners’ Minutes April 22, 2003 Page 11 Planning Commission Recommendations Conditional Use Permit - Blue Heron Bay/R. Murray Partnership: Land & Resource Director, Bill Kalar, introduced discussion regarding the CUP request for Blue Heron Bay on Dead Lake. Blue Heron Bay is a proposed cluster development. The proposal for this development was received last November and tabled in December for 151 dwelling units. The Planning Commission is recommending approval of a maximum of 125 units and 102 boat slips with ten conditions. In addition, the Planning Commission is recommending development of a Lake Management Plan including a Surface Water . Ordinance for Dead Lake. I. Chairman Lee asked how the Planning Commission arrived at 125 units? Mr. Kalar stated that a density calculation based on Shoreland Ordinance language is used to determine the number of allowable units. One hundred fifty-one units, as initially requested, is too many units based on the density calculations even with the additional real estate. The additional real estate (island & peninsula) have been acquired since the original request and is now being included as part of the development. For the Blue Heron Bay development, 139 units is the maximum number allowed under the County’s Ordinance; however, the Planning Commission considered other factors and is recommending that 125 be allowed with 102 boat slips. County Attorney, David Hauser, stated that if the peninsula and island were developed in a standard manner, only 1 dwelling unit would be allowed. This is marginal land and in determining dwelling density, 125 units is not unreasonable. Commissioner Mosher expressed respect for the process of the Planning Commission and supported their recommendation. Jim Erickson, representing the developer, submitted a request for 138 dwelling units and 116 boat slips. Mr. Erickson stated that he spoke with Bert Olson. In Mr. Olson’s opinion, the 125 dwelling units recommended by the Planning Commission came from a recommendation from the Department of Natural Resources. Discussion continued. Motion by Lee, second by Froemming, to approve a Conditional Use Permit for a maximum of 138 dwelling units and 116 boat slips with conditions as recommended by the Planning Commission. The property is described as parcels (total of 256.36 acres) located in Sections 19, 20, 29, & 30 of Dead Lake Township; Dead Lake (56-383). Chairman Lee called for a roll I call vote: /YeaBlockCommission District 5 NayCommission District 3 Mosher YeaCommission District 4 Froemming NayCommission District 1 Nelson YeaCommission District 2 Lee Motion carried 3-2. r Discussion took place regarding the Planning Commission’s recommendation to develop a Lake Management Plan that includes a Surface Water Ordinance for Dead Lake. Motion by Nelson, second by Block, and unanimously carried to request that DNR Hydrologist, Terry Lejcher, and Land & Resource Director, Bill Kalar, develop an outline to show the process for developing a Lake Management Plan. OTC Board of Commissioners' Minutes ■ December 19, 2006 Page 10 belter location for the common dock system (marina) and swimming beach, which has b, already been approved. Assuming the water depth is proper, a motion was offered by Erickson, seconded by Block, and unanimously carried to approve moving the common areas t as described by the Developer from Lot 1, Block 2, which is quite elevated to a better p location, Lot 3, Block 1 on the Preliminary Plat entitled “Palms of Lida First Addition", .t: Discussion took place regarding the conservation easement and where it is recorded. Commissioners suggested checking with the Soil & Water Conservation Districts. Filina Extension for Beaver Dam Shores Motion by Block, second by Nelson, and unanimously carried to authorize an extension, until February 28, 2007 as requested, for filing the Final Plat entitled "Beaver Dam Shores"; section 7 of Dead Lake Township; Star Lake I U 1 <J bOarO OT L<UI(lllllb:>iui ici o •>■■■ December 19, 2006 Page 11 Steve Langlie, Dead Lake Town Board, spoke in regards to the road(s) that will be servicing the plat. He was referred to the Land & Resource office for a potential grade & fill permit. DLA Representative, Mark Steuart, of Richville, MN, presented a document entitled "Position in Regard to Blue Heron Bay Development” dated December 19, 2006, and reviewed a proposed motion and additional conditions.; DLA Representative, Don Fondrick, - spoke against the density allowed on BHB and in favor of a moratorium and districting. .1 Dead Lake Resort Owner, Jim Hatlevig - asked questions regarding proposal to vacate existing township road easement. Hearing no further comment. Chairman Froemming, called for a roll call vote on the motion: i. Final Plats ‘ .Motion by Mosher, second by Erickson;' and unanimously carried to approve the Final Plat of tj & Vs Hidden Acres':’’ Sandy Haven Development, a replat of Lot 18 and a plat of parts of vacated Stalker Lane, GL 1, Section 29, 32, & 33, Township 132N, Range 41W, Tordenskjold Township; Stalker Lake. AgainstForCommissionerr^1; XRoger Froemming Dennis k/losher Bob Block Sydney Nelson Everett P. Erickson X Motion by Froemming, second by Block, and unanimously carried to approve the Final Plat o "Pleasant ,Grove Second ;Addilidn", a backlot for non-residential use in Section 32 of Amor Township; Otter Tail Lake (56-242). X X X . ,■ T ' . . - .2007 Natural Resources Block Grant Motion by Froemming, .second by Block, and unanimously carried to approve the State of Minnesota BWSR 2007 Natural Resources Block Grant Agreement between BWSR and the County of Otter Tail for the period of July 1,2006, to June 30, 2008, subject to the approval of the County Attorney. Further, the motion approved the distribution of the Natural Resource Block Grant as presented by the Land & Resource Director. Motion carried unanimously. Recess & Reconvene At 2:05 p.m.. Chairman Froemming declared the Otter Tail County Board of Commissioners’ meeting recessed for a five-minute break. Parceling Agreement Motion by Nelson, second by Block, and carried with Mosher abstaining, to approve an agreement between the County of Otter Tail and Michael Eull for City Parceling work at a rate of $5.00 to $6.00 per parcel. Recess & ReconveneAt 12:25 p.m.. Chairman Froemming declared the meeting of the Otter tail County Board of Commissioners recessed for lunch break, the meeting was reconvened at 1:16 p.m. Blueiflefbil BaV'l36n‘dl‘(iWRaf1Js8‘l?erfflit’!gj?.','^ At 1:16 p.m.. Chairman Froemming" opened discussion^fegafdirig'me Blue Heron Bay Conditional Use Permit. Mr. Kalar stated that the motion made last week authorized 94 dwelling units on-site and 87 boat slips for the BHB project. He referred to a handout entitled "Otter Tail County Board of Commissioners Record of Decision Regarding Granting Conditional Use Permit for Blue Heron Bay Project" dated December 19, 2006. County Attorney, David Hauser, reviewed the document and highlighted several changes. . Motion by Nelson, second by Erickson, to adopt the document entitled "Otter Tail County Board of Commissioners Record of Decision Regarding Granting Conditional Use Permit for Blue Heron Bay Project” dated December 19, 2006, as amended. Several individuals requested an opportunity to address the Board: Resolution of Intent to Enter into a Memorandum of Understanding Between Becker, Clay, Douglas, Grant, Otter Tail, Pope, Stevens Todd, Traverse, Wadena, and Wilkin Counties of Minnesota Otter Taii County Resoiution No. 2006 - 84 Commissioner Block offered the following and moved its adoption: WHEREAS, the Otter Tail County Board of Commissioners is desirous to establish a method by which to participate jointly in a cooperative effort to evaluate the potential for a regional treatment and correctional center; and WHEREAS, the County Board is supportive of the establishment of the Treatment and Correctional Steering Committee (TCSC) to consider the merits of a regional treatment and correctional center and to develop the pre-design and operational programming of the Center; and I i .1 Otter Tail Count}' Board of Commissioners Record of Decision Regarding Granting Conditional Use Permit for Blue Heron Bay Project December 19, 2006 A public hearing was held on November 20, 2002, on the Blue Heron Bay project proposed by the R. Murray Partnership, LLC. After consideration of the public comments, the Planning Commission decided to set aside the Conditional Use Permit (“CUP”) application until the mandatory Environmental Assessment Worksheet (EAW) was completed. On February 3, 2003, Otter Tail County published the EAW in the Environmental Quality Board Monitor (EQB) and mailed the EAW to the parties on the EQB Distribution List. The comment period ended on March 5, 2003. Numerous comments were received on the EAW by the public and by other governmental agencies. The comments were summarized and presented to the Planning Commission on March 19, 2003, by Bill Kalar of the Office of Land and Resource Management. The Planning Commission considered comments received at the March 19, 2003 Public Hearing. On March 19, 2003, the Otter Tail County Planning Commission held a public hearing. Comments on the EAW were reviewed, and the Planning Commission discussed the project and took action on the EAW determination, adopting a motion with attached findings of fact recommending a negative declaration finding that there was not a potential for significant environmental impact and no Environmental Impact Statement was required. On March 25, 2003, the Otter Tail County Board discussed the proposed project and adopted the Findings of Fact, Conclusions and Order recommended by the Planning Commission, except for an amendment to delete Paragraph XXI thereof. At its meeting on April 1, 2003 the County Board formally adopted and signed the Findings, Conclusions and Order that an EIS was not necessary. On April 16, 2003, the Otter Tail County Planning Commission considered the CUP application. Numerous public comments were received. The Otter Tail County Planning Commission considered these comments and recommended approval of the Conditional Use Permit for 125 dwelling units and 102 boat slips, with conditions. On April 22, 2003, the Otter Tail County Board of Commissioners reviewed the recommendations of the Otter Tail County Planning Commission and the record of documents received by Otter Tail County and approved a Conditional Use Permit application of R. Murray Partnership for the Blue Heron Project for a maximum of 138 dwelling units and 116 boat slips with 10 specific conditions set forth in the motion adopted on that day. The Minnesota Court of Appeals in a decision filed February 1, 2005, remanded this matter to the County for preparation of an Environmental Impact Statement. The Otter Tail County Board of Commissioners issued a draft Scoping Decision in County Board Resolution #2005-53, pursuant to Minnesota Rule 4410.2000, subp. 3.B., which draft Scoping Decision was published in the EQB Monitor on September 26, 2005, with a 30- day comment period following. The Board of Commissioners, having received comments and having held a public meeting for comments on October 11, 2005, and the County Board having fully examined each of the issues originally raised in the Environmental Assessment Worksheet, adopted a Scoping Decision dated November 15, 2005. The original applicant was R. Murray Partnership, LLP, and is now Blue Heron Bay Land Company, LLC. Otter Tail County prepared an Environmental Impact Statement (EIS) on the proposal by Blue Heron Bay Land Company, LLC, a residential development on a 257 acre parcel consisting of a ,large peninsula, a small peninsula and an island located on Dead Lake, pursuant to Minnesota Statutes Chapter 116D and Minnesota Rules 4410.0200 through 4410.6500. Otter Tail County, having issued the Scoping Decision for the EIS on November 15, 2005, engaged a consultant, Wenck Associates, Inc. of Maple Plain, Minnesota, to prepare the EIS. A Draft EIS was prepared pursuant to Minnesota Rule 4410.2600, and was distributed as required. The notice of the availability of the Draft EIS was published in the EQB Monitor on July 3, 2006. An informational meeting was held and public comments were received through August 15, 2006. A press release was issued on the Draft EIS to the Fergus Falls Daily Journal on June 28, 2006. All the procedural requirements of Rule 4410.2600 relating to the Draft EIS having been met, the County proceeded to a Final EIS. A Final EIS was completed pursuant to Minnesota Rule 4410.2700 The written comments on the Draft EIS and the County’s analysis and comments on each have been bound as a separate volume and circulated as the Final EIS. Copies of the Final EIS were distributed as required by Minnesota Rule 4410.2700, subpart 3, and notice of the availability of the Final EIS was published in the EQB Monitor on October 9, 2006. The County issued a press release to the Fergus Falls Daily Journal on October 6, 2006. Contents of the notice and distribution were in compliance with the provisions of 4410.2700. The County received four comment letters to the Final EIS. The EIS was prepared pursuant to the provisions of Minnesota Rules 4410.2000 through 4410.3100 and came before the Otter Tail County Board of Commissioners for an adequacy determination on October 31, 2005. The County Board, having reviewed the Draft EIS, the comments thereto and the Final EIS and the comments thereto, determined that the EIS was adequate and adopted its Adequacy Determination of the EIS For Blue Heron Bay, dated October 31, 2006. 2 In accordance with Miimesota Statutes and the Otter Tail Count}' ShoreJand Management Ordinance, the County Board is to take final action on the granting of a conditional use permit. Final action on Blue Heron Bay’s application could not be taken until the environmental review was completed pursuant to Minnesota Rule 4410.3100. After the Planning Commission reviewed the Conditional Use Application in the spring of 2003, subsequent County consideration all occurred at the Board level, including establishing the scope of the EIS and reviewing the draft and approving the final EIS. Because the Planning Commission did not review the EIS and the County Board was thoroughly familiar with its contents, and to facilitate compliance with the time line for decision making pursuant to Minnesota Statute §15.99 and Minnesota Rule 4410.2900, the Otter Tail County Board of Commissioners scheduled a public hearing on the conditional use permit application for December 5, 2006. Notice of the public hearing was provided in accordance with the Shoreland Management Ordinance IV.7. The County Board, having reviewed the Environmental Impact Statement, the comments thereto, the Environmental Assessment Worksheet, the comments thereto. Otter Tail County Resolution No. 2006-14, its Negative EIS Declaration dated April 1, 2003, its Scoping Decision for the EIS dated November 15, 2005, and its Adequacy Determination of the Environmental Impact Statement dated October 31, 2006, having reviewed the recommendation of the Planning Commission, having reviewed amendments to the project made by the applicant in response to mitigation information contained in the Environmental impact Statement, having reviewed comments made at the public hearing on December 5, 2006, all of wlrich are incorporated by reference, and being fully advised in the premises, makes the following Avritten record of its decision; FINDINGS OF FACT I. The land upon which the Blue Heron Bay cluster development is proposed is particularly suitable for a cluster development because of its unique features, which include bluffs, steep slopes and near shore aquatic conditions, including, shallow depth, emergent and submergent vegetation and soft lake bottom. This compares favorably to a common lot and block development, which is permitted under the Otter Tail County Shoreland Management Ordinance without a conditional use, where each individual parcel would be permitted uncontrolled lake access, including unlimited docks, motorized watercraft, and each parcel would be entitled to a certain amount of vegetation destruction in order to gain access to open water by permit fi-om the DNR. II. Through the EIS Otter Tail County has gathered information that supports this finding, including information on the existing recreational use of the Dead Lake surface waters, likely increases in use associated with the development, physical and aesthetic impacts of development, the suitability of the project property for a cluster development. 3 the level of current development in the area and the amounts and types of ownership of undeveloped lands on Dead Lake. III. By legislative decision, Otter Tail County had determined to treat the entire county as a single district, which is essentially a high density residential district. The County’s Shoreland Management Ordinance has been approved by the Department of Natural Resources as being in conformance with the Statewide Standards. Otter Tail County limits the size of cluster developments beyond those which would be required under the statewide standards, Minnesota Rules 6120.2500 through 6120.3900. Specifically, the county does not authorize the high density clusters authorized under commercial planned unit developments. Otter Tail Coimty requires back lots to be twice the size of front lots, and which further limits the density allowed in planned unit developments, called clusters in the Otter Tail County Ordinance. The statewide standards allow a density multiplier of one and a half in the first tier of development, two in the second tier and three in the third and beyond. The Otter Tail County Ordinance only allows one and a half in the first tier and second tier and two in the third and beyond. rv. In its legislative decision to allow the less dense cluster developments throughout the county, the Board has anticipated the “conservation subdivisions” proposed in the Alternative Shoreland Management standards which have been circulated by the Department of Natural Resources and would be accepted by them as in compliance with the statewide standards under the Implementation Flexibility clause of Minnesota Rules 6120.2800, subp. 3. subdivisions, essentially cluster developments without multipliers, the norm, and would require conditional use permits for lot and block development. The Alternative Shoreland Standards make conservation V. Otter Tail County has legislatively determined that there is no place in the county that a cluster development would not be environmentally soimd, provided the appropriate conditions were attached to the conditional use permit. Cluster developments have environmental advantages, including the clustering of docking facilities, the placement of structures where more appropriate, and the protection of near shore aquatic conditions. VI. Dead Lake has been identified by the Department of Natural Resources as a natural environment lake, and as a consequence, receives the most restrictive standards for a cluster development under the Otter Tail County Shoreland Management Ordinance. 4 VII. Other undeveloped land on Dead Lalce contains most or all of the same unique features found on the Blue Heron Bay land. Lands appropriate for lot and block development have generally been developed. Future development of Dead Lake would talce these features into consideration. VIII. Dead Lake has two state-owned and one township-owned public accesses. IX. The uncontrolled access to the shores of Blue Heron Bay property by motorized watercraft would cause turbidity problems with the lalce. Limiting motorized watercraft access to two locations for boat slips with buoyed channels will reduce the environmental impact of the development on Dead Lalce. X. Based upon the Otter Tail County Ordinance, the maximum allowable number of residential units authorized would be 140 with a maximum allowable number of boat slips being 119. Because of the unique features of the Blue Heron Bay land and near shore aquatic conditions, it is not appropriate to authorize the maximum density. Without applying the multipliers, the maximum number authorized would be 94 residential units and 80 boat slips. Eighty-seven boat slips would not cause any additional environmental degradation because of the conditions below relating to buoyed channels, motor limitations and dock placement. XI. If Phase III of the project, as shown on the surveyor’s drawing dated December 19, 2006, is sold to the State of Minnesota Department of Natural Resources as a wildlife management area as is proposed, it will not be subject to development and would serve the same function as open space within a cluster, while providing a conservation asset to the entire state. xn. Nitrates were found on the property; however, they will not affect the waters of Dead Lake because it is a phosphorus limited lake. Furthermore, the nitrates are not likely to get to the lake because of existing topography and required storm water management plans. The levels in excess of drinking water standards for nitrate were found in the surficial aquifer. They do not represent a geological hazard to future ground water domestic use as new wells are to be completed in deeper aquifers. 5 XIII. Any adverse impacts of the development on migratory waterfowl will be mitigated by the number of boat slips, docks, no-wake zones, buoyed channels and other conditions imposed on the project as stated below. XIV. No commercial activities are proposed for the Blue Heron Bay cluster development. XV. No dredging of the lake bottom is required or proposed for the project. XVI. The project will be required to adhere to the county Shoreland Management Ordinance requirements. xvn. The Otter Tail Cormty Shoreland Management Ordinance restricts alterations within the Shore Impact Zone (within 100 feet of the ordinary high water level on a natural envhonment lake). XVIII. Only one Water Oriented Accessory Structure is being requested for the project. Any additional WOAS would requhe a new conditional use permit and variance. XIX. The Blue Heron Bay applicants made several amendments to the proposed project following the Environmental Impact Statement process in order to mitigate potential environmental impacts. The amendments included reducing the density of the development and the number of boat slips. The applicant also agreed to a number of conditions with representatives of the Dead Lake Association (DLA), which are included in the conditions for the condition^ use permit, which are the conditions 6 through 28 outlined below. XX. The development is compatible with the surrounding area because of the conditions restricting water access to the property, the residential nature of other development on the lake, and the setbacks required on a Natural Environment Lake. 6 x>:i. The environmental impact of the project has been analyzed thoroughly in an Environmental Impact Statement, including evaluations based on soils, topography and vegetation. The Environmental Impact Statement reveals that it is an appropriate site for a cluster development, but recommended a number of possible mitigations which are included in the conditions below. XXII. The project may result in additional traffic and the developer has agreed to cover the cost of improving the township road accessing the property. The road plan initially prepared by G.A. Miller Engineering, Inc. meets the current Otter Tail County road standards applicable to the project and the developer has agreed to meet said standards as road construction proceeds. The project will be required to meet the storm water management requirements of the Minnesota Pollution Control Agency. XXIII. The project is a residential development and will not generate significant noise problems. XXIV. Lighting will be limited in accordance with conditions outlined below. XXV. All potential adverse impacts of a cluster development as large as 138 units have been identified in the Environmental Impact Statement process. Necessary and appropriate mitigation steps, including particularly a reduction in the number of units to 94, have been reviewed by the County and are fully incorporated in the conditions of this Conditional Use Permit. XXVI. The project proposer has submitted an application for a Conditional Use Permit meeting the conditional use permit application requirements of the Otter Tail County Shoreland Management Ordinance. The maps presented meet the “presentation requirements for cluster developments” as set forth in the Otter Tail County Shoreland Management Ordinance § III.l l.B. 7 ORDER NOW, THEREFORE, IT IS HEREBY ORDERED that a conditional use permit for the Blue Heron Bay cluster development on Dead Lake be granted with the following conditions: That the entire parcel as shown on the surveyor’s drawing dated December 19, 2006, containing approximately 247.87 acres, shall be included in the cluster development. This includes the small peninsula in Government Lot 4 in Section 19 and Government Lot 10 in Section 20 of Dead Lake Township, but specifically excludes the small island in Government Lot 4 of Section 19 of Dead Lake Township. 1. Phase III may be excluded from the area if, and only if, it is sold to the Department of Natural Resources of the State of Minnesota and made a wildlife management area, not subject to development. 2. The number of dwelling units authorized in the cluster development is limited to 94. The location of the dwelling units shall be limited to the lot sites indicated on the conditional use permit surveyor’s drawing dated December 19, 2006. The developer shall be allowed to file registered land surveys for the property as the development proceeds by phases consistent with the surveyor’s map dated December 19, 2006. 3. Eighty-seven boat slips (one boat per slip) are authorized at two locations, the first being off of Outlot B and/or C in phase one, and the second being located off of Outlot G in phase two as indicated on the surveyor’s drawing dated December 19, 2006. The specific location and configuration of the docks for the boat slips shall be as authorized by the Office of Land and Resource Management after consultation from the Department of Natural Resources. The other four docks shall be limited in size and configuration as authorized by the Office of Land and Resource Management after consultation from the Department of Natural Resources, and shall be limited to non- motorized watercraft and shall not include any boat slips. 4. Motorized watercraft may not be beached in any location other than the locations authorized for boat slips. 5; A storm water management plan must be included as being part of the6. project. An erosion plan must be approved by the Land & Resource Management7. Office. The County’s Wetland Technical Valuation Panel shall review the existing wetland delineation report for the project in the spring of 2007 and determine if any revisions are required. The project shall remain subject to the provisions of the Miimesota Wetland Conservation Act. 8. 8 9.Dredging activities are not contemplated in the initial phases of the Blue Heron Bay Development project in either the lalce or any wetlands. If any dredging is contemplated in the future, a pennit will be required from the applicable governmental authority(ies), and the Developer agrees to send to the Dead Lake Association a copy of any such dredging application at the same time it is submitted to the governmental authority(ies). Applicant must work with the Minnesota Department of Natural Resources to protect the eagle’s nest on the property. 10. Any approval must limit onsite impervious surface to 25 percent.11. Docks at the project shall be removed prior to October 1 of each year, save and except no more than 15 slips may remain at the northwest marina after that date until no later than November 1. 12. Applicant shall create an education program for residents of the project describing the potential impacts boating can have on the water resources of Dead Lake and the steps boaters should take to mitigate such impacts. Such materials must specifically describe the purpose of slow-no walce zones and ingress/egress channels on the lake and the penalties for not properly observing the boating rules in those areas. The common interest community documents for the development shall ensure that the program materials are kept current and are properly distributed to project residents. The common interest community shall allow other groups to use the education materials for distribution to other lalce residents. Applicant or the Homeowner’s Association shall cooperate with the DLA in submitting to the County a report on the effectiveness of the program on an annual basis. 13. Applicant shall cooperate with the Dead Lake Association, Otter Tail County and the Minnesota Department of Natural Resources in preparing and erecting signs at public accesses describing the boating restrictions that exist on Dead Lalce, the importance of complying with those restrictions and the penalties for noncompliance. 14. The Applicant shall cause all drinking water wells to be tested for nitrates after well installation and shall provide project residents with the opportunity to have their drinldng water tested for nitrates on an annual basis thereafter. 15. The Blue Heron Bay boat launch facilities shall be restricted to “private use only” and reserved only for project residents, families and their guests as long as the latter only use same for short non-ovemight visits to project residents. Proper marina design, signage and boater education must be developed and maintained to prevent these boat launching areas from becoming additional public accesses. 16. The project must be completed in 10 years from the date of approval.17. . 9 18. Required government approvals and permits, including those referenced in the EIS (Section 1.5, pp.1-8), will be attained where and as necessary. Applicant shall cause to be included in the Homeowner’s Association(s) Common Interest Community documents appropriate provisions setting forth the relevant conditions of the Conditional Use Permit and permitting OTC enforcement of said conditions. 19. The sewage treatment system plan must be approved by the MPCA. The Owner’s Association shall provide from year to year, on a cumulative basis, a funding mechanism to cover the cost of maintaining, repairing and replacing the sewage treatment system in accordance with Minnesota Statutes Chapter 515B. 20. Use of the lodge and its amenities shall be limited to members, their families and their guests unless CUP approval is otherwise obtained. 21. Proposed Cluster Dock locations for the project are indicated in the materials submitted to the County as part of the application for the CUP. The Otter Tail County Land and Resource Management staff shall confer with Applicant and the Minnesota Department of Natural Resources to confirm that the docks are placed in locations that are appropriately protective of the water resources of Dead Lake. 22. 23. No-wake buoys and channel buoys shall be placed and maintained on a yearly basis. Applicant shall install buoys to indicate ingress and egress channels to be used by watercraft traveling to and from docks from or to areas outside the slow/no wake zone, said channels not to exceed 20 feet in width and buoyed on both sides. The Applicant shall not install docks for the development until the buoys necessary to service the docks are installed pursuant to a permit from the Otter Tail County Sheriff marking the slow/no wake zones surrounding the project and ingress/egress boating channels for boats within those zones. Buoys cannot be removed any earlier than October 1. No more than 15 boat slips may be placed at the northwest marina prior to May 1 of each year and none of those may be placed on the inner bay. The slow/no wake zones shall be subject to and shown on a map prepared in consultations with the Miimesota Department of Natural Resources, Dead Lake Association and the Otter Tail County Land & Resources Administrator. Project excavation contracts shall provide that any archeological resources found must be assessed and appropriate actions taken prior to commencing further work in the area of the discovery. The Applicant shall arrange for an archeologist to periodically be on-site during road construction. 24. Shoreline or dock areas will not be illuminated except for safety purposes that also nunimize spillover light (light outwash). Lighting design on other areas of the development will also minimize spillover light. Lighting features such as: illuminating 25. 10 only the intended area and not other properties, utilizing new design light features that are fully shielded, using landscaping near water to minimize light reflections, use of high efficiency lamps; use of motion detectors rather than security lights on timers shall be considered as design methods to minimize light impacts. The developer must minimize the loss or removal of the existing site vegetation and trees. Applicant shall talce steps to improve the native hardwood forest stand pursuant to a DNR approved Woodland Stewardship Plan, and design the wastewater treatment system to minimize the loss of valuable tree types. 26. Architectural standards will he included in the Association documents requiring that exterior colors blend into the natural surroundings, emphasizing earth tones. Boat lift canopies will be consistent earth tone colors 27. That the developer shall consult with the DNR with respect to required separation distances for the listed rare species and natural communities identified in the EIS. 28. The residential units in the outlets are subject to the size limitations on the legend of the surveyor’s drawing dated December 19, 2006, the revised unit survey dated December 15, 2006, and are subject to the requirements of the 2004 Shoreland Management Ordinance. 29. IT IS FURTHER ORDERED that there is also hereby approved the construction of the roads as shown on the surveyor’s drawing dated December 19, 2006. OTTER TAIL COUNTYDate: By Roger/^emminl; Chairman Board of CommissionersATTEST; Larry Krohn, Clerk 11 PRELIMINARY PLAT OF II I _l=RICHARD & BONNIE SWANSON Me-' 1// < « i.. I- mC-’ 1// I '•I— !/ -t»/ -♦L__I BLUE HERON BAY Lujuj <1< I .'ir'.\/'T ! r.T ')'' • I L. w' I /_ MOORHEAD STATE UNIVERSITY FOUNDATIONDEAD LAKE ii ROBERT & I SANDRA SWANSON N89*08*1 6”W-t- -992±—CLUSTER DEVELOPMENT OTTER TAIL GOUNTY, MINNESOTA DECEMBER 19, 2006 •^1 //l-V /jOWNER/DEVELOPER BLUE HERON BAY LAND COMPANY. LLC c/o JAMES C. ERICKSON 3701 ABBOTT AVE. S. MINNEAPOLIS, MN 55410 Zr y //I • I LX J/o/OUTLOTAOUTLOT BJ ✓54 SUP CLUSTER DOCK FACIUTY / IoCOSTATE OF MINNESOTA WILDUFE MANAGEMENT AREA (OMURRAY ROAD TOWNSHIP ROAD T-851 / zSURVEYOR MOORE ENGINEERING INC 318 W. UNCOLN AVENUE FERGUS FALLS. MN 56537 (218) 998-4041 LiJ/soA oAmOUTLOT CUMITED DAY DCXJK FACIUTY IDOQ -I< J “1“ I -T* r*I 11 I t# I till» I I U)WASTEWATER SYSTEM DESIGN S89‘08*16”E \ V 1319.06\ t » "T“ I *T* tI ^ I I \# I lilt /W I k. I -tNORTH AMERICAN WETLAND ENGINEERING. LLC 4444 CENTERVILLE ROAD, SUITE 140 WHITE BEAR LAKE, MN 55127 (651) 255-5043 /j I % $ » “t“ I T*I I I I I I I I V I L. VX I oI# I “f“ I “I” A- I t I I W I till III. V I • ' I I (7) ♦mCO//I ♦0^i ?O) CtT in # III SWIMMING BEACH AND UMITED DAY DCX^K FACIUTY I(( - = XLJ*LiJ ^ IT5 {»5 (OIa.t ai♦;■c. <l<x^x #3(I OUTLOT D // TIER 1 Is iI'x \v>'% K 1r METES & BOUNDS8.140,066 SF 186.87 ACRES 1,546,019 SF 35.49 ACRES 4.82 ACRES 0.11 ACRES 146.45 ACRES TOTAL AREA TOTAL WETLANDS TOTAL BLUFF TOTAL PUBUC ROW TOTAL USABLE I n 0 VIII CLIQ.♦I m209.832 SF 4,638 SF 6,379,577 SF #•*e;yt « # “r“ • “1“ . tI •» I I U I III! /« I I y'-**II uji/) >}7 1 I i WIoTIER 2 .............................ItllU I llll /V-» » I b. v> I / *4 2.656,991 SF 434,492 SF 17,627 SF TOTAL PUBUC ROW 17,449 SF 2,187423 SF TOTAL AREA TOTAL WETLANDS TOTAL BLUFF 61.00 ACRES 9.97 ACRES 0.40 ACRES 0.40 ACRES 50.22 ACRES QL (f NOTES I,114'C', 'to Ic*>5TOTAL USABLE FOR THE PURPOSES OF THIS SURVEY THE EAST UNE OF THE NE 1/4 OF SECTION 20. TOWNSHIP 135, RANGE 40 IS ASSUMED TO BEAR N00-51*59”E. h--HOVERALL TIER CALCULATIONS 1912 DATUM OHW ELEVATION OF 1327.1 = 1322.5 MOORE BENCH MARK ELEVATION (TOP OF WATER OF DEAD LAKE)♦V eg liJOi410,797,057 SF 247.87 ACRES 1,980,511 SF. 45.47 ACRES 227,459 SF 5.22 ACRES 0.51 ACRES 8.567.000 SF 196.67 ACRES 23,793 FEET- TOTAL AREA TOTAL WETLANDS TOTAL BLUFF TOTAL PUBUC ROW TOTAL USABLE T0TA(, SHOREUNE oo UJ1NONE OF THE PROPERTY UES WITHIN A 100 YEAR FLOOD PLAIN.iO, y CMCJ S’HI 1/522,087 SF /\UTIUTY EASEMENTS ARE TO BE DEDICATED AS FOLLOWS: ayBEING 10 FEET IN WIDTH AND ADJOINING THE PROPOSED ROAD. AREA REMAINING OUTSIDE OF THE LOT UNITS AND OUTLOTS WILL BE REFERRED TO AS COMMON AREA.♦. -SWIMMING BEACH \n9#ROAD EASEMENT RESERVED: 66’ CENTERED ON ROAD CENTERUNE THE MAXIMUM NUMBER OF DWELUNG UNITS CONSTRUCTED SHALL NOT EXCEED 94 UNITS; THE MAXIMUM NUMBER OF SUPS SHALL NOT EXCEED 87 OPEN SPACE CALCULATIONS FOR BLUE HERON BAY /: I • I LXJ / t\/ . llJ 4 /TOTAL SITE VMSURVEYOR’S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT WAS PREPARED BY ME OR UNDER my direct supervision and THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. UMITED DAY DOCK FACIUTY10,797,057 SF OR 247.87 ACRES 212.75 ACRES 85.83% TOTAL AREA TOTAL PROPOSED OPEN SPACE OPEN SPACE % 7 c §#y II DEAD LAKE 4 W'i roI SHORE IMPACT ZONE I toff/\UMITED DAY DOCK FACIUTY in1,381,033 SF OR 31.70 ACRES 31.20 ACRES 98.4% TOTAL AREA TOTAL PROPOSED OPEN SPACE SIZ OPEN SPACE % bll-llV3.ee(c\ t I “1“ I 1“I ^ I I W I llll \A V.' * I I.. I «/4 (n ♦DEAD LAKETHOMAS V. ZEFF UCENSED LAND SURVEYOR MINNESOTA UCENSE NO. 44563 DateI 0^;IVEGETATION<1^\ V SWIMMING BEACH♦O f sTHE EXISTING LAND USE IS A MIXTURE OF HEAVILY WOODED AREAS ESPECIALLY ALONG THE SHOREUNE. PASTURES IN OPEN LAND AND WETLANDS. THE TREES INCLUDE POPLAR. WHITE BIRCH. WHITE AND BLUE SPRUCE. NORWAY PINE, BOX ELDER. GRAY DOGWOOD. BASSWOOD. MAPLE. WHITE AND RED OAK AND OTHER UPLAND TREE SPECIES. SEVENTEEN WETLANDS TOTAUNG 47.14 ACRES ( 20% OF THE OVERALL LAND AREA) EXIST ON THE SITE. 1 -4v\ WI\\LEGAL DESCRIPTION PER DOC. NO. 884716I--I I \l\/♦C) -j\Parcel 1: Government Lot Three (3) excepting the North six hundred and sixty (660) feet and Government Lots Four (4) and Rve (5), oil in Section numbered Twenty (20) of Townshp numbered One Hundred Thirty—five (135), North of Range numbered Forty (40) West of the Rfth Principal Meridian in the County of Otter Toil and State of Minnesota. Government Lots numbered Six (6), Seven (7), Eight (8), and Nine (9) of Section numbered Twenty (20) of Township numbered One Hundred Thirty—Rve (135), North of Range numbered Forty (40) West of the Rfth Principal Meridian in the County of Otter Toil and State of Minnesota. Government Lot numbered Six (6) of Section numbered Nineteen (19), and Government Lot numbered One (1) of Section numbered Twenty—nine (29), oil in Township numbered One Hundred Thirty—Rve (135), North of Range numbered Forty (40) West of the Rfth Principal Meridian in the County of Otter Toil and State of Minnesota. (Torrens) Parcel 2: Government Lot numbered One (1) of Section numbered Thirty (30) in Township numbered One hundred Thirty—five (135) of Range numbered Forty (40) West of the Fifth Principal Meridian, in the County of Otter Toil and State of Minnesota. (Abstract) Parcel 3: Government Lot numbered Two (2) of Section numbered Twenty-nine (29) Township numbered One Hundred Thirty—five (135) North of Range numbered Forty (40) West of the Rfth Principal Meridian, in the County of Otter Toil and State of Minnesota. (Abstract) Parcel 4: Lot Numbered Four (4) of Section Nineteen (19) and Lot Numbered Ten (10) of Section Twenty (20) oil in Township 135, Range 40. (Abstract) Subject to 66.00 foot Easement for Township Rood purposes over and across port of Sections 20 and 21 of Township 135 North, range 40 West, Otter Toil County, Minnesota. 1 \OUTLOT F1 I}( %f-33 SUP CLUSTER DOCK FACILITY THE FLORA AND FAUNA PRESENT ON THE SITE ARE TYPICAL OF WETLAND AND UPLAND AREAS IN NORTHERN MINNESOTA. WILDUFE IS ABUNDANT ON THE SITE IN A LARGE PART DUE TO THE DIVERSITY OF HABITAT PROVIDED BY THE LAKESHORE, WETLANDS. PASTURE/MEADOWS AND WOODLANDS. TREES ARE PROPOSED TO BE RETAINED AS MUCH AS POSSIBLE AS THEY ARE A VALUABLE RESOURCE FOR NATURAL SETTINGS SOUGHT AS PART OF THE PROJECT BENERTS. A FOREST STEWARDSHIP PLAN IS BEING PREPARED FOR BLUE HERON BAY BY THE DEPARTMENT OF NATURAL RESOURCES. BLUE HERON BAY INTENDS TO IMPROVE FOREST AREAS BY SELECTED PLANTINGS AND BY MANAGING EXISTING FOREST RESOURCES. I O I C!)♦I%• I NIVI I v:/ » -r- ( -r* > VI XI I \/ I llll t \W I I I O '-r o\' «:c:r 'inW b* K4 W I I'is;I w 4Q SOIL SURVEY 7 £i:# / w I i ♦• .PARNELL SILTY CLAY LOAM KANDOTA SANDY LOAM ALMORA LOAM PARNEL SILT LOAM NAYAHWAUSH LOAM FORADA AND LEAFRIVER SOILS HASUE. SEELYEVILLE AND CATHRO SOILS HANGAARD LOAMLY SAND RUSHLAKE-HANGAARD COMPLEX UNDAAS SILTY CLjAY LOAM UDA-TWO INLET COMPLEX NAYTAHWAUSH-MAHKNOCE COMPLEX NAYTAHWAUSH CLAY LOAM MAHKONCE CLAY LOAM EHYDRIC SOIL WELL DRAINED WELL DRAINED HYDRIC SOIL WELL DRAINED. SLOWLY PERMEABLE HYDRIC SOIL HYDRIC SOIL HYDRIC SOIL SOMEWHAT POORLY DRAINED. RAPIDLY PERMEABLE POORLY DRAINED. SLOWLY PERMEABLE. HYDRIC SOIL WELL DRAINED. MODERATELY WELL DRAINED MODERATELY WELL DRAINED. SLOWLY PERMEABLE WELL DRAINED. SLOWLY PERMEABLE MODERATELY WELL DRAINED, SLOWLY PERMEABLE, 2.5-3.5 FEET TO SEASONAL HIGH WATER TABLE VERY POORLY DRAINED MODERATELY WELL DRAINED. MODERATELY PERMEABLE MODERATELY WELL DRAINED. MODERATELY PERMEABLE MODERATELY WELL DRAINED. RAPIDLY PERMEABLE Iin olf5 o „J I %•I#i „JI% . I--.1--ASI SA k* SA • 'J£3 T I * * Vits I SA ? ri-H «> -' O* ^ 04 0)»0 cMin g] I 4 :> XX XX \ t $ ”f“ I -1-» At nl t \l 1 I I I I I XX VX f I i.. VX I I s . •iji IIILAJ £J • • I kAJ $ *\ KAA O DEAD LAKE (/) I .GRAPHIC SCALE * 0\ \0 »HASUE AND NIDROS SOILS KNUTE-BRANDSVOLD COMPLEX KNUTE FINE SANDY LOAM 300 0 300 600 % SCALE IN FEET RUSHLAKE SAND V I Scale: 1 Inch = 300 Feet SHEET I OF 4 SHEETS ' i :i / / 4-.