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4d. Public Works Facility IUP CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952,227,1110 Building Inspections Phone: 952,227,1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227,1170 Finance Phone: 952.227.1140 Fax: 952,227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227,1400 Fax: 952,227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227,1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227,1310 Senior Center Phone: 952,227,1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 4d MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Alyson Fauske, Assistant City Engineer DATE: September 8, 2008 ~ SUBJ: Public Works Facility Interim Use Permit Planning Case #08-18 PROPOSED MOTION "The Chanhassen City Council approves an Interim Use Permit to permit up to 15,000 cubic yards of fill, plans prepared by City of Chanhassen Engineering Department, dated August 14,2008, subject to conditions 1 - 18 and adoption of the attached Findings of Fact." City Council approval requires a simple majority vote of City Council. EXECUTIVE SUMMARY The City is requesting an Interim Use Permit (IUP) to export/import approximately 15,000 cubic yards of fill for grading on the property. Prior to any future development of the site, a separate site plan review and, potentially, wetland alteration permit will be required. PLANNING COMMISSION SUMMARY The Planning Commission held a Public Hearing on September 2, 2008 to review the IUP. The Planning Commission voted six for and none against a motion recommending approval of the IUP. The Planning Commission had no issues or concerns with the proposed project. The Planning Commission minutes for September 2, 2008 are attached to this report. RECOMMENDATION Staff and the Planning Commission recommend adoption of the motion as specified on pages 7 and 8 in the staff report dated September 9, 2008 approving the Interim Use Permit to permit up to 15,000 cubic yards of fill. ATTACHMENTS 1. Planning Commission Minutes for September 2, 2008 2. Planning Commission Staff Report Dated September 2, 2008. g:\plan\2008 planning cases\08-18 public works facility iup\executive summary.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CC DATE: September 8, 2008 [lJ PC DATE: September 2, 2008 CITY OF CHANHASSEN REVIEW DEADLINE: September 30, 2008 CASE #: 08-18 BY: AF, RG, TJ, JM, JS PROPOSED MOTION: The Chanhassen PlanniFlg Commission recommends that City Council approves an Interim Use Permit to permit up to 15,000 cubic yards of fill, plans prepared by City of Chanhassen Engineering Department, dated August 14,2008, subject to conditions 1 - 18 and adoption of the attached findings of fact. SUMMARY OF REQUEST: The developer is requesting an Interim Use Permit to export/import approximately 15,000 cubic yards offill for grading on property- Chanhassen Public Works Facility. LOCATION: 7901 and 7951 Park Place (Lots 5 & 6, Block 1, Chanhassen Lakes Business Park 5th Addition) APPLICANT: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 PRESENT ZONING: Industrial Office Park (lOP) 2020 LAND USE PLAN: Office/Industrial ACREAGE: 11.66 acres DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying interim use permits, based on whether or not the proposal meets the use standards outlined in the City Code regarding Excavating, Mining, Filling and Grading and the Zoning Ordinance. If the City finds that all the applicable use standards are met, the permit must be approved. This is a quasi judicial decision PROPOSAL/SUMMARY The developer is requesting an Interim Use Permit to export/import approximately 15,000 cubic yards of fill for grading on the property in order to correct the soil and to preliminary grade the site in preparation for the development of the property. Chanhassen Public Works Facility IUP Planning Case 08-18 September 2, 2008 Page 2 All this area is zoned lOP. The property to the north of the site contains Paisley Park. The property immediately to the east is a City owned outlot containing woodlands and Riley Creek. The property to the south is vacant and contains portions of a large wetland complex which crosses over onto this site. The property to the west across Audubon Road contains General Mills, a vacant industrial property, and a day care facility. Water and sewer service is available to the site in Park Place. Access to the site will be provided via Park Place. The high point of the property is on the west side with an elevation of974. The low point is in the south central portion of the property in the wetland with an elevation of approximately 920. While there is over a 50-foot elevation change on the property, there are no bluffs on the property since the slope does not exceed 25 percent (a bluff must have both an elevation change of25 feet or more and a slope of 30 percent or greater). The western half of the property is heavily wooded. A wetland exists in the south central portion of the property and extends onto the property to the south. A wooded corridor along Riley Creek is located to the east of the properties. Staffis recommending approval of the Interim Use Permit to permit approximately 15,000 cubic yards offill on the site. As part of the process, the City will create a zoning lot ofthe two lots, creating, in effect, one building site. Additionally, the City must vacate some drainage and utility easements. Chanhassen Public Works Facility IUP Planning Case 08-18 September 2, 2008 Page 3 APPLICABLE REGUATIONS Chapter 7, Article III, Excavating, Mining, Filling and Grading Chapter 20, Article IV, Division 2, Conditional Use Permits Chapter 20, Article IV, Division 5, Interim Use Permits Chapter 20, Article VI, Wetland Protection Chapter 20, Article XXII, lOP Industrial Office Park District BACKGROUND On March 17, 1986, the Chanhassen City Council approved the plans and specifications for Chanhassen Lakes Business Park 5th Addition, which constructed Park Place. On August 19, 1985, the Chanhassen City Council approved the Chanhassen Lakes Business Park 5th Addition (Subdivision #85-9) creating seven lots in two blocks, one outlot and right-of- way for Park Place. Such subdivision re- platted Lots 2 through 10, Block 1, Chanhassen Lakes Business Park. On July 2, 1979, the Chanhassen City Council approved the development contract for Chanhassen Lakes Business Park. ~ '!:r' . - ,: .~z.:--':;,~ ;-;';~~.,.~ C" ffIo4P,iL... MAD.SUOR"... J~CO". 12. ~ On June 4, 1979, the Chanhassen City Council approved to the final plat for Chanhassen Lakes Business Park. On April 17, 1978, the Chanhassen City Council approved the rezoning of the property from R-IA, Agricultural Residence District, to P-4, Planned Industrial District and preliminary plat approval of the proposed plat (PUD #75-1). Additionally, the City approved Resolution 78-18 authorizing the proposed North Lake Susan Sanitary Sewer, Water, Street and Storm Sewer Improvement Project #78-3 and Resolution 78-19 establishing the centerline for the right-of-way for the extension of Powers Boulevard from Highway 5 to Lyman Boulevard. In 1976 the City approved a Comprehensive Plan Amendment changing 150 acres from Low Density Residential to Industrial. Chanhassen Public Works Facility IUP Planning Case 08-18 September 2, 2008 Page 4 DISCUSSION The City is proposing preliminary site grading and soil corrections to permit the development of the property for a public works garage. GRADING. DRAINAGE AND EROSION CONTROL . o _-=... .. ....- I.IlllllHD == -~---- -- - ---::::;-- =~ ----L- _-:_ ...- -- -- -- MI'lII ~~a Br"r==::..a"rm."llIlr ~1""'(I,'.""""""'" ~'''-\:''',-",,- The applicant is requesting an interim use permit to remove approximately 15,000 cubic yards of topsoil from the site and place approximately 15,000 cubic yards of engineered soil to accommodate the future construction of a public works facility. The 11.86-acre site lies south of Highway 5, east of Audubon Road and north of Park Road. Access to the site is from Park Place, a public City street. The site currently has a dirt driveway that provides access to piles of reclaimed asphalt, clay, street sweepings and granite chips. The clay, street sweepings and one pile of granite chips will be mixed and spread across the site; the remaining stockpiles will be removed from the site. There are no structures on the site. The majority ofthe site drains overland to the wetland located on Lot 5; the remainder drains overland to Riley Creek and the pond located in the City owned outlot to the east of Lot 6. The grading plan will be adjusted so that the drainage areas will not be altered; therefore, drainage calculations are not required. Chanhassen Public Works Facility IUP Planning Case 08-18 September 2, 2008 Page 5 The proposed major cut locations are as follows: . The stockpile in the middle of the site, 12- foot cut . The stockpile at the entrance, 10-foot cut . The hill on the northeast comer of the site, 10- foot cut The remainder of the site will be filled up to four feet. The existing sanitary sewer, watermain and storm sewer and drainage and utility easements must be shown on the plan. A lO-inch lateral watermain loops from the 12-inch trunk watermain within Audubon, along the north side of Lot 6, along the east side of Lots 5 and 6, and along the south side of Lot 5. The grading limits in the northeast comer of Lot 6 must be shifted in order to maintain minimum 7.5 feet of cover over the watermain. A 21-inch trunk sanitary sewer owned and operated by the Metropolitan Council lies on the east side of Lot 6. The Metropolitan Council has authorized removal of topsoil over the utility. The applicant will provide additional information to the Metropolitan Council in order to determine the maximum extent of grading allowed over the utility. The applicant will be required to abide by the Metropolitan Council's conditions of approval, if any. The hauling operation is anticipated to begin as soon as permit approval is obtained. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. The interim use permit will expire one year from the date of City Council approval. The permit may be renewed on an annual basis subject to City Council approval. Request for an extension must be submitted 45 days prior to the expiration date. All permits must be acquired prior to grading including, but not limited to, a watershed district permit, and a Minnesota Pollution Control NPDES stormwater permit. A stormwater pollution prevention plan must be submitted to the City for review by Carver Soil and Water Conservation District. The grading plan must be signed by an engineer licensed in the State of Minnesota. EROSION AND SEDIMENT CONTROL AND RUNOFF The total land disturbance associated with the proposed project exceeds the minimum threshold for "small construction activity". Therefore, a NPDES Phase II permit to discharge stormwater associated with construction activities is required. This permit must include the General Contractor responsible for day-to-day operations of the site and the owner. This should be noted on the SWPPP included with the plan submittal. Chanhassen Public Works Facility IUP Planning Case 08-18 September 2, 2008 Page 6 WETLANDS A review of available data including the Chanhassen SWMP, NWI, and aerial photography indicates the presence of one large wetland complex on the site west of Park Place and a second wetland east of Park Place. It is possible that the wetland west of Park Place is not jurisdictional. In addition, Riley Creek flows along the eastern boundary of the subject property and has fringe floodplain wetlands. This wetland is classified as Manage 1 within the Chanhassen Surface Water Management Plan. A wetland delineation has been performed on that basin west of Park Place. This wetland is classified as Manage 2 within the City of Chanhassen Surface Water Management Plan. The flags will need to be located with GPS, a report prepared and the delineation reviewed by the LGU. As Chanhassen is the LGU it is recommended that Carver County Soil and Water Conservation District review the delineation for accuracy. No earth work can occur within the wetland areas as part of this interim use permit. Every effort must be taken to protect impacts to this wetland either through deposition of sediment due to runoff from the site or direct impacts due to earth disturbing activities within the wetland. In order for any work to occur within these wetland areas during future considerations, it must be shown that all practicable means of avoidance have been evaluated and the rationale for not avoiding wetland impacts must be given. Further, the impacts must be minimized to the greatest extent practicable and, where possible to do so, any impacts should be restored over time. Permissions will need to be applied for under the Wetland Conservation Act and the Clean Water Act. The Minnesota Department of Natural Resources will also need to review any work adjacent to Riley Creek. LAKES AND RIVERS The proposed project is bordered by Riley Creek. Riley Creek is identified in Article VII as part ofthe Shoreland classification System. The following setbacks will be required: . Current code requires a 75-foot setback from the top of bank for Riley Creek. The Department of Natural Resources recently changed their rules to 100 feet. Any structures should meet this new requirement. . The right-of-way for any roads needs to be set back 20 feet from the top of bank. Riley Creek is an impaired water south of Lake Riley. Riley Creek discharges to Lake Riley from the site. Additional best management practices should be incorporated into the erosion control plan per Appendix A ofthe NPDES Permit. There are no lakes within 100 feet of the subject property. Chanhassen Public Works Facility IUP Planning Case 08-18 September 2, 2008 Page 7 OTHER AGENCIES The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. MISCELLANEOUS A demolition permit is required for the removal of any structure(s). If future construction in this area is anticipated, these soils must be engineered for the intended structural loads and their placement must be properly compacted and tested as required by such soil engineering. A report, verifying placement, compaction and soil suitability, from the testing agency will be required before building permits will be issued. RECOMMENDA TION Staff and the Planning Commission recommends that the PlanniFlg Commission City Council adopt the following motion and adoption of the attached findings of fact and recommendation: "The Chanhassen Planning Commission recommends that City Council approves an Interim Use Permit to permit up to 15,000 cubic yards of fill, plans prepared by City of Chanhassen Engineering Department, dated August 14,2008, subject to the following conditions: 1. A demolition permit is required for the removal of any structure(s). 2. If future construction in this area is anticipated, these soils must be engineered for the intended structural loads and their placement must be properly compacted and tested as required by such soil engineering. A report, verifying placement, compaction and soil suitability, from the testing agency will be required before building permits will be issued. 3. Install tree protection fencing at grading limits on north, where applicable, and west sides prior to grading. 4. Clearing limits shall be inspected by the Environmental Resources Specialist prior to any tree removal. 5. Wetland boundary, as field identified, needs to be shown on the drawing. 6. Grading limits need to be modified to avoid impacts to the revised wetland boundary. 7. Category 2 erosion control blanket needs to be shown on the slope in the northeast comer of the property. 8. All exposed soil areas must be stabilized within seven (7) days after the construction activity in that portion has temporarily or permanently ceased. Chanhassen Public Works Facility IUP Planning Case 08-18 September 2, 2008 Page 8 9. All disturbed areas shall be seeded with MnlDOT Mixture 150 at 40 lbs/acre and mulched with Type 2 mulch disc-anchored at 2 tons/acre upon completion of grading for the interim use permit. 10. The grading plan should be adjusted so that the drainage areas will not be altered, otherwise drainage calculations are required. 11. The existing sanitary sewer, watermain and storm sewer and drainage and utility easements must be shown on the plan. 12. The grading limits in the northeast comer of Lot 6 must be shifted in order to maintain minimum 7.5 feet of cover over the watermain. 13. Provide additional information to the Metropolitan Council in order to determine the maximum extent of grading allowed over the sanitary sewer. 14. Abide by the Metropolitan Council's conditions of approval, if any. 15. Permitted hours of operation are 7:00 a.m. to 6:00 p.m.~ Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 16. The interim use permit will expire one year from the date of City Council approval. The permit may be renewed on an annual basis subject to City Council approval. Request for an extension must be submitted 45 days prior to the expiration date. 17. All permits must be acquired prior to grading, including but not limited to a watershed district permit, and a Minnesota Pollution Control NPDES stormwater permit. A stormwater pollution prevention plan must be submitted to the City for review by Carver Soil and Water Conservation District. 18. The grading plan must be signed by an engineer licensed in the State of Minnesota ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced Copy of Grading Plan 4. Public Hearing Notice and Mailing List g:\plan\2008 planning cases\08- 18 public works facility iup\staff report public works iup.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of City of Chanhassen Engineering Department for an Interim Use Permit to import approximately 15,000 cubic yards offill to the site. On September 2, 2008, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen Engineering Department for an interim use permit for the property located at 7901 and 7951 Park Place. The Planning Commission conducted a public hearing on the proposed interim use, which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Industrial Office Park District, lOP. 2. The property is guided by the Land Use Plan for Office/Industrial Use. 3. The legal description of the property is: Lots 5 and 6, Block 1, Chanhassen Lakes Business Park 5th Addition, Carver County, Minnesota; 4. Interim Use Permit Findings: a. The proposed grading will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed grading will be consistent with the objectives of the City's comprehensive plan, the standards for grading and excavation and the zoning code. c. The proposed grading will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed grading will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed grading will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by 1 such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. The proposed grading will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. The proposed grading will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash subject to compliance with the conditions of approval. h. The proposed grading will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 1. The proposed grading will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. The proposed grading will be aesthetically compatible with the area. k. The proposed grading will not depreciate surrounding property values. 1. The proposed grading will meet standards prescribed for certain uses as provided in the City Code. 5. The planning report #08-18 dated September 2,2008, prepared by Alyson Fauske, et aI, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the interim use permit to permit the importation of up to 15,000 cubic yards offill. ADOPTED by the Chanhassen Planning Commission this 2nd day of September, 2008. CHANHASSEN PLANNING COMMISSION BY: Its Chairman g:\plan\2008 planning cases\08-18 public works facility iup\findings offact.doc 2 CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 . Chanhassen, MN 55317 - (952) 227-1100 Planning Case No. 08.~ J 8 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Name and Address: ~~+d~o-(g~~~d C.~/i "Nt s.['~ n M N 5S?:,f7 Contact: :Toe.. S~\.lV\ \C(. ~ P-c~<-+ Er-g'f\eer P~one:q5J.-dd-I-II(.,':::; Fax: q -da--/- Il/O Email: jc::;ht..-lY\.lt\.@(i.CMI...\ha.s::eO.Ml.\.U.~ Owner Name and Address: ~ W\-€..., Contact: Phone: Email: Fax: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Vacation of Right-of-Way/Easements (VAG) Variance (V AR) Non-conforming Use Permit Wetland Alteration Permit (WAP) . Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign - $200 (City to install and remove) Site Plan Review (SPR)* X Escrow for Filing Fees/Attorney Cost** - $50 CUP/SPRlVACNARlWAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ Wt\\\Jl::-D Subdivision* An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a diaital COpy in TIFF-Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED rCLC( \~ty IUP gloe(l LEGAL DESCRIPTION AND PID: LeA.s S '+' ~ ~ C.J'\anhCLS'Sf:!/n L~ks 'l$LtSi nP~'; \=t,{ t... C)+h Al\,cL-\.\(Jl\ a..S -,q~0050 "4-- ~5 - \~300<OO PROJECT NAME: -\)l A.hhc \fJOftcS LOCATION: ---=-~ ( ~_:PlClc.e TOTAL ACREAGE: REQUESTED ZONING: 'I.. YES -=..1-6? 'ld'P NO WETLANDS PRESENT: PRESENT ZONING: PRESENT LAND USE DESIGNATION: O('-r~'(e 1~~Y\c\US4-((Cl\ REQUESTED LAND USE DESIGNATION: O{...l~(~. I IV''LiuS i,y fc.\.. I REASON FOR REQUEST: 'Ke.L{UeS+ IU? -1-D \"""?(;(+ /eKfXJr+ Ctp.p.O'X. ItS',.OOO Ci (J-F -l-~\ \ \ +~< 5 r~.L~f~ _ FOR SiTE PLAN REViEW: include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. G:\PLAN\Forms\Deveropment Review Application.DOC Rev. 1/08 ~ j g i ~~ L H " " :< :< !2 ~ !l~ m~ ~~ p '-I~~ ~ ~ ~ ~~~~u h; ~ ~;~ ~~ 0 ~ ~ ;i~~~~ &J ~ !i~~ ~!l >-3 . ~ .. p ~ ~ ~ ngl! ~~; tlj · R ~ .!i tI ~ ~~i ~~~ Ct.l , , I il ~Ii I "1 if.." f i ; Bn~~ I~ I iU~i 11~.11 .i111~ ~ I~~i \~ ~ ~ Il .~~ ~ ~ ~ ~I~: .. ~ ~g ANHASSEN CITY OFw5~KS FACILITY PUBLIC GRApDL~~JU~ITE PARK . CITY OF CHM!!!!BN CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on August 21, 2008, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Chanhassen Public Works Facility Interim Use Permit - Planning Case 08-18 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this ~day of R'tj~+ ,2008. Yurt 1.::fD.a.......... X ~ G--'I 1 v Not~ I KIM T. MEUWISSEN ) Notary Public-Minnesota My Commission Expires Jan 31, 2010 0) c ~ a> :is o)s c.- .- II) ... 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B ::: .s: ~ ~13 Q) ID g ~ (f) g E 1? -- - ~u~u~~~!~~~~'ffim ,g~ ~!~ ~~~~~~~;o-g~g5~~m! ~~~ 2 22 ~.~ 2 <1> 3 (f) ';.~ E ~S e 1D.~ U ~ ~ 0 .-c'- co~;>..Q- ~cocoQ)~Q)<DO Q)C(]) OO<D~'~.Q-EoBcnQ)=~<1>E.~B ~g~ ~EQ)~a<<D= g>cnCTJ"'O~_~~ -CTJ(]) C "'0 ~ ~ C. ."!:: ~ ~ 'c ~ en ~ ~ '0 "E ..8 ~ .2 C m~~0.~~!c~2~.~.Qg~~~ ,~~~ KE gu ~.~~.~== Q)~ ~~ e8 !'~Ci)~ rn 2 ..Q<(CTJ*Errc:.~gO::u~g~>.o.c~g<D~ Q)c,~Q)~~ E~.C 0. -!<Do._~~ [) ~"E Q5 (f) >,2 E 0 5 co ~ ~ ~ 0 c ~ f!? .~ ~! o~O~<D.c~oO~&~ =<DO~IDE.5- _<1>>,.-5Q)co>.coc~Q)EC~~~o.E"'OC ~.~=>'c~Q)<1>=~'c~ co~Q)~"'Oo~'- .. :J ~ 0 ~ 0 ~ E ~ 0 <D 2 2 ~ ~.g g-1i5"* 0 ~ ~ ~UID~ t::.~E~~E<D~ ooQ)<D<D~~~ i~litl!~~~~ill!il~!~~1 g~E'~~mmrog5~~2c~<Du~~~~~ ~~8Ecm!-g~~~~~~.5~g8~~go c - 0,- ~ 0 CO 0> U 0 '(3 (f) ~ (f) -E ~ ~ ~ ~:: == ,Q ~ () 5 ~ ~t::.5 i '00 c g:c,~ -g 0 ::J ~ ..... ~ ;:: .9! .~ .~ g>~ ~ ! 0 m E .~ 5 g - CO ~ 8 _ ~ t::c ~~~'c~~i~~EEo~~5~.~~~~8~ ~~~ja.~!Q)Q)88~.5'~~~~~'~~~~ ~wo::a..~oo~~~~OU~~~w<(mo.mrnw 0.. ... ~I I~ ,'~>~ .~ CORE MPLS INDUST PORTF T ETAL C/O CORE REALTY HLDGS MGMT INC 1600 DAVE ST #450 NEWPORT BEACH, CA 92660 -2447 CAMPBELL PROPERTIES LP II C/O KNOWLEDGE LEARNING CORP ATTN TAX DEPT PO BOX 6760 PORTLAND, OR 97228 -6760 ROBERT D & CARMEN J CHRISTIANS 6851 CARDINAL COVE DR MOUND, MN 55364 -9535 LOVE 4 ONE ANOTHER CHARITIES 7801 AUDUBON RD CHANHASSEN , MN 55317 -8205 DAVID SWARTOUT 10028 INDIGO DR EDEN PRAIRIE, MN 55347 c1206 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN , MN 55317 -8201 K & L PARTNERS 7870 PARK DR CHANHASSEN , MN 55317 -9500 ALFRED A IVERSEN PMT CORPORATION 1500 PARK RD CHANHASSEN , MN 55317 -8200 PRN MUSIC CORPORATION 7801 AUDUBON RD CHANHASSEN, MN 55317 -8201 PEERLESS INDUSTRIES INC 1969 WEST COUNTY ROAD C2 ROSEVILLE, MN 55113 -1246 TWO S PROPERTIES INC DEPT PT MN 08305 PO BOX 25025 GLENDALE, CA 91201 -5025 MUSTANG LLC 7860 PARK DR CHANHASSEN , MN 55317 -9294 MCGLYNN BAKERIES INC #366 C/O GENERAL MILLS TAX DEPT PO BOX 1113 MINNEAPOLIS, MN 55440 -1113 PUBLIC HEARING: CHANHASSEN PUBLIC WORKS FACILITY: REQUEST FOR AN INTERIM USE PERMIT TO EXPORTIIMPORT APPROXIMATELY 15.000 CUBIC YARDS OF FILL FOR GRADING ON PROPERTY ZONED INDUSTRIAL OFFICE PARK (lOP) LOCA TED ON LOTS 5 & 6. BLOCK 1. CHANHASSEN LAKES BUSINESS PARK 5TH ADDITION-CHANHASSEN PUBLIC WORKS FACILITY. APPLICANT: CITY OF CHANHASSEN. PLANNING CASE 08-18. Alyson Fauske presented the staff report on this item. Papke: Kevin, start with you. Dillon: I don't have any questions right now. Thomas: Yeah, I don't think I do either. Laufenburger: This is city owned property, is that correct? Fauske: That's correct. Laufenburger: And the piles that have been placed there. Are these piles that are just storage for public utility or for public works? Fauske: Yes. Public works. Street sweeping. Some clay and my understanding is another pile of some granite. So just miscellaneous stockpiles that our current site could not accommodate. Laufenburger: So the intent is to remove all the, mix of some of the debris. Mix it in the soil. And then get rid of the other piles, like the granite. There's also a pile of wood chips there too. Fauske: Yes. Laufenburger: All those things, is that right? Fauske: Yes, it's become a little bit of a storage area so there are some materials that would stay on site. We know that there are some poorer soils out there that, organic material that would not support a structure, so those would be moved off the site. Laufenburger: Okay. And then the last question I had is, how, you want to take it, or the City would like to take advantage of this yet in this season. How long would this work take? Would they complete this before the first snowfall? Fauske: That's our anticipation. But the Interim Use Permit is valid for one year but the expectation is to get the work done this year. Laufenburger: Thank you. Planning Commission Meeting - September 2, 2008 Keefe: The wetlands, what do they do to protect the wetlands again? Fauske: At this point they would be putting up a silt fence. Erosion control measures to stay away from the wetlands. And then in the future with any site plan application, if there would be a wetland alteration permit, which we anticipate there would likely be due to the layout of the site and the location of the wetland, but at this point there would not be any impacts to the wetland. Keefe: Okay. Undestad: No questions. Papke: I have no questions myself. And since the city is the applicant, I guess we don't need to call up an applicant so with that. Generous: Different staff member though. Fauske: I asked him if he wanted to come tonight and. Papke: And seeing no members of the public present for this item, I will call the public hearing closed and bring it back to the Planning Commission for discussion. Pretty straight forward to me. Take out 15,000. Put in 15,000. Mix it up a little bit. Clean up. Good to go. Laufenburger: Put a bow on it. Thomas: Sounds good. Generous: No, that's the next application. The bow. Papke: Alright. Would someone like to make a motion. Laufenburger: I'll try. Mr. Chairman, the Chanhassen Planning Commission recommends that City Council approve an Interim Use Permit to permit up to 15,000 cubic yards of fill, plans prepared by City of Chanhassen Engineering Department dated August 14,2008, subject to the following conditions 1 through 18. Papke: Is there a second? Thomas: Second. Laufenburger moved, Thomas seconded that the Chanhassen Planning Commission recommends that City Council approve an Interim Use Permit to permit up to 15,000 cubic yards of fill, plans prepared by City of Chanhassen Engineering Department dated August 14, 2008, subject to the following conditions: 1. A demolition permit is required for the removal of any structure{s). 2 Planning Commission Meeting - September 2, 2008 2. If future construction in this area is anticipated, these soils must be engineered for the intended structural loads and their placement must be properly compacted and tested as required by such soil engineering. A report, verifying placement, compaction and soil suitability, from the testing agency will be required before building permits will be issued. 3. Install tree protection fencing at grading limits on north, where applicable, and west sides prior to grading. 4. Clearing limits shall be inspected by the Environmental Resources Specialist prior to any tree removal. 5. Wetland boundary, as field identified, needs to be shown on the drawing. 6. Grading limits need to be modified to avoid impacts to the revised wetland boundary. 7. Category 2 erosion control blanket needs to be shown on the slope in the northeast corner of the property. 8. All exposed soil areas must be stabilized within seven (7) days after the construction activity in that portion has temporarily or permanently ceased. 9. All disturbed areas shall be seeded with Mn/DOT Mixture 150 at 40 lbs/acre and mulched with Type 2 mulch disc-anchored at 2 tons/acre upon completion of grading for the interim use permit. 10. The grading plan should be adjusted so that the drainage areas will not be altered, otherwise drainage calculations are required. 11. The existing sanitary sewer, watermain and storm sewer and drainage and utility easements must be shown on the plan. 12. The grading limits in the northeast corner of Lot 6 must be shifted in order to maintain minimum 7.5 feet of cover over the watermain. 13. Provide additional information to the Metropolitan Council in order to determine the maximum extent of grading allowed over the sanitary sewer. 14. Abide by the Metropolitan Council's conditions of approval, if any. 15. Permitted hours of operation are 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 16. The interim use permit will expire one year from the date of City Council approval. The permit may be renewed on an annual basis subject to City Council approval. Request for an extension must be submitted 45 days prior to the expiration date. 3 Planning Commission Meeting - September 2, 2008 17. All permits must be acquired prior to grading, including but not limited to a watershed district permit, and a Minnesota Pollution Control NPDES stormwater permit. A stormwater pollution prevention plan must be submitted to the City for review by Carver Soil and Water Conservation District. 18. The grading plan must be signed by an engineer licensed in the State of Minnesota All voted in favor and the motion carried unanimously with a vote of 6 to O. 4