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4 Interim Use, 1916 CrestviewCITYOF CHANltASSEN 77130 Mark~ 13~levarcl PO ~x 147 Chanhassen. MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952227.1120 F~ 952.227.1110 · RecmaUon Cent~r 2310 Coulter Boulevard Phone: 952221.1400 Fax: 952227.1404 Planning & Natural Resources Phone: 952227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952227.1300 Fax:. 952.227.1310 Senior Center Phone: 952.227.1125 Fax:. 952.227.1110 Web Site ~,#n/.ci.chanhasserl.mn.us TO: FROM: DATE: SUBJ: Todd Gerhardt, City Manager MayMatt S aam, Assistant City En~neer ~~ ~(_.~,30, 2003 City Council Update on Carney IUP Request IUP 2003-1 & Grading Permit File No. 02-03 EXECUTIVE SUMMARY The applicant is requesting an Interim Use Permit to bring in approximately 1,900 cubic yards of fill at 1916 Crestview Circle. The fill will be used for the construction of a driveway off of Galpin Boulevard. At the two Planning Commission (PC) meetings for this item, all of the issues raised had to do with access location and safety. For the most part, these items have been addressed. The report contains conditions which help to make the property and proposed driveway safer. In addition, since the May 20, 2003 PC meeting, the applicant has met with his two neighbors to the north on Crestview Circle. They are close to an agreement that would negate the applicant from needing to gain access to his property off of Galpin Boulevard. Staff and the applicant will be able to elaborate more on this issue at the June 9t~ Council meeting. In an effort to stay on track though, the applicant wants to continue to move forward with his permit request. If the applicant and his neighbors fail to reach on agreement by the June 9t~ meeting, the applicant intends to gain access to his lot via Galpin Boulevard. RECOMMENDED MOTION Move to approve the interim use permit and grading permit with conditions 1 through 25 for approximately 1,900 cubic yards of fill at 1916 Crestview Circle. PLANNING COMMISSION UPDATE REQUEST FOR AN INTERIM USE PERMIT TO BRING IN FILL IN EXCF~S OF 1~000 CUBIC YARDS~ 1916 CRESTVIEW DRIVE~ BRIAN CARNEY. Matt Saam presented the staff report on thin item- The City of Chanhassen · A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding frails, and beautiful parks. A g~eat place to live, work, and play. Commissioner Claybaugh asked ff there was a mm around proposed for the driveway. Matt Saam stated the commission could add as a condition that there's sufficient mm around area for cars to mm around and pull forward out towards Galpin. Commissioner Feik asked about the staff report which mentioned aligning this driveway with the driveway across the road. Matt Saam stated that would be confirmed with the building permit. Commissioner Lillehaug stated the plan calls for two 4 foot tiered retaining walls. He would make an argument that the lower retaining wall nee~ to be higher than 4 feet, but regardless of that, tiered retaining walls need to be looked at as one retaining wall and would the city agree that this would be a retaining wall that would need to be engineered. Matt Saam stated the building department already looks at tiered retaining walls as one. Commissioner Lillehaug asked if an as-built survey would be required upon completion of bringing this fill in. Matt Saam stated he believes it's not required until after the building permit and the house is installed but the Planning Commission could add that as a condition. Commissioner Slagle asked staff's opinion on the concept of planting shrubs or trees along the edge of the driveway or installing guardrails along the driveway to protect cars from sliding off into the ravine. Matt Saam stated that retaining walls over 4 feet in height require a fence. The city does not typically require guardrails fencing along driveways. Kate Aanenson clarified for the Planning Commission that with an interim use they may attach any conditions they believe are reasonable. Commissioner Papke had a new commissioner question for staff. If the amount of fill requested was in relation to the size of the lot or is the code fixed regardless of the size of the lot7 Matt Saam stated it was a fixed amount regardless of the lot size. Anything over 1,000 cubic yards of fill required an Interim Use Permit. Anything under 1,000 cubic yards could be handled administratively. Chairman Sacchet asked the applicant if he had any comments. The applicant, Brian Carney, 6566 Shadow Lane, Chanhassen, stated he had a meeting scheduled with the neighbors for Saturday at 9:00 to discuss access alternatives to Crestview Circle, but that he would like to proceext with this application to keep the process of building a single family home moving forward. He stated he would consider putting some type of strong fence or guardrail along the driveway to help with safety reasons. The retaining walls are at the 4 foot height so he wouldn't have to get into the engineering part. He believes if the walls were done correctly they would adequately hold the soil because the soil he's bringing in is very compactable. As far as the mm around in the driveway, he has every intention of having a mm around as a part of the driveway. Chairman Sacchet opened up the meeting for public comment. Charlie Hicks, 1941 Crestview Circle spoke. He's one of the contiguous properties to the east. He stated his intention is to start a dialogue with Mr. Carney and that they are meeting Saturday morning. Troy Pappas, 1961 Crestview stated he would also be at the meeting on Saturday morning. He stated the neighbors are going to try to come to an agreement on the property. The intention is to not have anything go from that property so ff they can come to an agreement, get the matter resolved and get the dirt that's them out of them and back to natural resources. After public comment, Chairman Sacchet brought the item back to the Planning Commission for discussion. Commissioner Lillehaug stated he felt hauling in 1,000 yards is a significant measure. It's his intentions to look out for the safety and well being of the new property owner. Conditions he would like to add is requiring the retaining wall to be engineered, requiring an as-built survey, requiring the first 15 foot directly adjacent to the county highway to be at a maximum grade of 2 percent, which will not allow a car during the winter to not try to race up that driveway so it doesn't have to stop fight at the highway so it doesn't just continue moving rather than not stopping, and a condition to revise the grading plan fight near the house pad. Also a condition that the applicant provide a suitable source of material and let the City review where the source of material is coming from and requiring soils testing be submitted to the city insuring that proper densities are obtained. Commissioner Slagle stated he wanted to add a condition to install a safety fence along the driveway. Commissioner Tjomhom asked about other nearby properties and ff they had access onto Galpin. She stated due to the incline of the road, other people use mirrors on the driveway so they can look and see what is coming before they do make a mm, and maybe that's a useful suggestion to solving the problem of traffic and accidents. Commissioner Feik wanted to remind the commissioners that they cannot deny access to the property so the question is what is reasonable access. He believes the retaining walls should be engineered with guardrails or something for safety. Commissioner Claybaugh agreed with the comments and conditions outlined by previous commissioners. Chairman Sacchet stated his concern environmentally with filling in the wetlands in the ravine. After discussion, the following motion was made with amendments and additional conditions highlighted in bold. Lillehaug moved, Slagle seconded that the Planning Commiasion regommends approval of Interim Use Permit gO3-1, subject to the following conditions: Ii The applicant shall provide the City with a cash escrow or letter' of credit in the mount of $5,000 to guarantee erosion control measures and site restoration and compliance with the Interim Use Permit. 1 Cu ven simg ca cdmons wm have to be pro idea for a 100 year, 24 hour storm event. 3. The applicant must provide a proposed haul route for review and approval. 4, If fill is coming from another site in Chanhassen, a separate grading permit will be required for the other property. . e . Si , 10. 11. 12. 13. 14. 15. 16. 17. All disturbed areas as a result of construction are required to be reseeded and mulched within two weeks of site grading. The applicant shall pay the City an administration fee of $208 prior to the City signing the permit. An erosion control blanket must be installed on the south side of the driveway slope. Add the benchmark to the plan that was used for the site survey. Comply with the Carver County conditions of approval letter dated April 11, 2002 for a driveway access permit to the site. The applicant shall obtain and comply with all permit requirements of the Watershed District. The applicant shall supply the City with a mylar as-built survey prepared by a professional en~neer upon completion of excavation to verify the grading plan has been performed in compliance with the proposed plan. A stockpile must be provided for the topsoil which will be m-spread on the site as soon as the excavation is completed. Topsoiling and disc mulch seeding shall be implemented immediately following the completion of excavated areas. Noise levels stemming from the operation are not to exceed MnPCA and EPA regulations. If the city determines that the~'e is a problem warranting such tests shall be paid by the applicant. Hours of operation are limited to 7:00 am. to 6:00 p.m., Monday through Saturday and prohibited on national holidays. If the City Engineer determines that traffic conflicts result due to rash hour tmf-fic .flows, the hours of operation will be appropriately restricted. The applicant shall be responsible for any and all road damage sustained from the truck hauling and construction activities. Thc applicant shall construct and maintain a rock gravel construction access to the site. Access to thc site shall be restricted to this access point only. Building Official conditions: al The retaining walls must be designed by a professional ellgilleero C, d, Soil and compaction testing is required on the proposed building site ff any fill will be plac.~ there, the results must be submitted to the Inspections Division before building permits will be issued. If city sewer service is not available to the property, two (2) acceptable on-site sewage treatment sites must be located by a licensed professional and the information must be submitted to the Inspections Division. The sites must be marked and protected to prevent damage from the grading activity. The address for the property shall be 6591 Galpin Boulevard. 18. The applicant shall plant a minimum of five trees and shrubs and 20 shrubs on the slopes of the proposed drive to help minimiTe nm-off and improve erosion control. The tree species shall be deciduous and a minimum 1 inch diameter for the trees. Shrubs shall be at least 2 feet high when planted. Proposed planting sites and species selection shall be approved by the city prior to planting. 19. Grading will be revised near the garage and house pad to minimiT~ the slope. Oe The driveway will be revised to have a maximum 2 percent for the first 15 feet directly adjacent to Galpim 21. Submit fill material types and borrow sources to the city for approval. 22. Add a turn around to the driveway. 23. Submit an as-built survey to the city upon completion. 4e The applicant will work with staff on the installation of a barrier along the north and south side of the driveway. The driveway shah line up with the driveway on the opposite side of Galpin Boulevard. All voted in favor and the motion carried unanimously with a vote of 7 to 0. C'- Teresa Burgess, Director of Public Works/City Engineer Sharmin Al-Jaff, Senior Planner CITY OF PC DATE: May 6, 2003 CC DATE: May 27, 2003 REVIEW DEADLINE: 6/3/03 STAFF REPORT T'~__.CIT TC1 T TT · J'~l~ '~J'r Z PROPOSAL: LOCATION: APPLICANT: Request for an interim use permit to bring in fill in excess of 1,000 cubic yards -. 1916 Crestview Circle Brian Carney 6566 Shadow Lane Chanhassen, MN 55317 (612) 865-1048 .Itl RSF, Re~denfial Single Family District. 2020 LAND USE PLAN: Residential-Low Density (Net Density 1 ~.-4.0 units per acre) ACREAGE: 1.01 acres DENSITY: NA SUMMARY OF REQUEST: Request for an interim use permit to bring in fill in excess of 1,000 cubic yards for the construction of a driveway. The total site area is 1 acre. Notice of this public hearing has been mailed to all propezty owners within 500 feet. Staff is recomm~g approval, of the request.' LEVI~.I. OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying an interim use permit, baseA on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be' approved. This is a quasi judicial decision: , rnr,~rI 0 I,,-- ,~ ~ood Dr. La Road 1UP for Carney May 6, 2003 Page 2 APPLICABLE REGULATIONS Chap. 7, Article Ill EXCAVATING, ~G, FI~.IJNG AND GRADING ORDINANCE Section 20-231 through 20-237, Conditional Use Permit The applicant is requesting an interim use earthwork permit to fill a total of 1,900 cubic ymxts of material to consmLet a driveway and prepare the site for future development. The site is located east of Galpin Boulevant and approximately 150 feet south of Crestview Circle. This application appeared before the Planning Commission and City Council in 2000 for a request to rezone the ~ from Rural Residential to Reaidential Single Family. The city approved the request. One of the issues that was pointed out dealt with access: "Access to this property would most likely be along County Road 117, Galpin Boulevar~ " The proposal must comply with Chapter 7 of the City Code. The ordinance requires the applicant to provide a haul route for the tracks. This infcrmafion has not been provided and has been o~de~l as a condition of approval. Staff is recomm~g approval with conditions. GRADING/DRAINAGE/ER~ION CONTROL The applicant is requesting an interim use permit to grade approximately 1,900 cubic yards of material. The site will be left in a condition that will allow a future house to be consmacted. The majority of the fill will be brought in to construct a driveway access off of Galpin BoulevarcL The applicant has previously received a conditional driveway permit from Carver County for access to the site. IUP for Carney May 6, 20O3 Page 3 The existing site drains from the north to the southeast. There is an existing creek which runs through the site. The creek is proposed to be filled for the driveway construction. A 24-inch diameter culvert is proposed to facilitate the creek drainage through the site. Culvert sizing calculations will have to be provided for a 100-year, 24-hour storm event. It is unclear where the applicant is planning on getting the fill material from. The applicant should be aware that if the fill is coming from another site in Chanhassen, a separate grading permit will be required for the other property. The hauling operation is anticipated to be~n 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. Staff has not yet rex~ived a proposed haul route as requireA. Staff is recommending that the applicant provide a proposed haul route for review and approval. Erosion control has been shown on the plan in ~ce with the City's Best Management Practices Handbook (BMPI-I). Staff would only recommend an erogion control blanket be installed on the south side of the driveway slope. All disturbed areas as a result of construction are required to be reseeded and mulched within two weeks of site gm_ding. An interim use permit expires one year from the date of approval from the City Council. The permit maybe renewed, however, on an annual basis subject to City Council approval. The applicant will need to request a formal extension 45 days prior to the expiration date. Financial security to guarantee restoration and erosion control measures will be required with the permit. The permit is also subject to administration fees. The administration fees are based on the number of cubic yards of material being graded. The fees are taken from the Uniform Building Code A~dix, Chapter 33. Based on 1,900 cubic yards of material, the applicant shall pay the City $208.00 prior to the City signing the permit. The proposed interim use pemit application is fairly straight forward. With the conditions added by staff to ensure ~ restoration and minimiTe any traffic conflicts, staff is recommending approval of the interim use permit. There is one wetland on-site. It is a flow-through wetland that does not appear on the City's wetland inventory. However, it meets the characteristics of an ag/urban wetland. The wetland was delineated by Schoell & Madson, Inc. in November 2002. The construction of the proposed driveway requires 1,950 square feet of wetland t511. Because the fill is under the 2,000 square foot de minimis, it is exempt from replacement under the Minnesota Wetland Conservation Act (MR 8420). Staff issued an exemption from wetland replacement requirements in February 2003. A wetland buffer 0-20 feet in width (with a minimum average width of 10 feet) must be maintained adjacent to the remaining wetland on-site. In addition, suucttn~ must maintain a 40-foot 8ett~k from the wetland buffer edge. Wetland buffer areas should be preserved, surveyed and staked in accxadance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction beans and must pay the City $20 per sign. IUP for Carney lVlay 6, 2003 Page4 LANDSCAPING Due to steep slopes and potential erosion, staff recommends that the applicant plant a minimum of five trees and 20 shrubs on the slopes of the proposed drive to help minimize run-off and improve erosion control. The m~e species shall be deciduous and a minimum 1" diameter for the trees. Shrubs shall be at least 2' high when planted. Proposed planting sites and species selection shall be approved by the city prior to planting. COMPLIANCE WITH ~ EXCAVATING, MINING, FILLING AND GRADING ORDINANCE Section 7 of the ordinance provides a series of stan~ which an interim use permit must be in compliance with. Section 7-40 - Fees The ordinance allows the City to determine the fee schedule for each pexmit and that each permit must be annually reviewed by the City Engineer. Section 7-41 provides for an irrevocable letter of credit that will be required to ensure compliance with conditions of approval Finding Staff is proposing that a $5000 letter of credit be required to ensure compliance with conditions outlined below. The letter of credit will cover erosion control rmatstne, s, site restoration and compliance with the interim use permit. In addition, a permit fee from the Uniform Building Code will be applied requiring a permit fee of $208.00 to be paid. Section 7-42 - Selbacks The ordinance requires that a setback of 100 feet grom existing street rights-of-way and 300 feet from adjoining property lines be required for mining activities. Finding This condition does not apply. It is intended for mining activities only. Section 7-43- Fencing The ordinance requires fencing for areas which wm be convexted to steep grades or where on site ponding exists if the Council determines that a safety hazard exists. Finding The filling will actually create a driveway for a future home. The intent is to utilize retaining walls to eliminate steep grades. Resulti~ grades will not be adversely affected. Therefore, safety hazards should not exist and fencing is not recom~d~ IUP for Carney May 6, 2003 Page 5 Section 7-44 - Appearance and Screening The ordinance requires that the visual impact of grading and mining operations be minimized and that where necessary, screening be provided. Finding This is a temporm~ excavation prcxT~s which will be leveling the area for a future home site and driveway, and will immediately be restored with seeding. Therefore, the visual impact of the grading will be minimal and screening will not be necessary. Section 745 - Operations, Noise, Hours, ExploMves, Dust, Water, Pollution, Top Soft Preservation Am Maximum Noise Levels as measured at the perimeter of the site shall be within limits set by the MPCA and by the Federal EPA. Finding Staff does not feel that the earthwork on the site will be excessive beyond the activities being experienced in the area already (Ashling Meadows 2'~t Addition for example) and development of residential sites in the area. To ensure that the noise levels do not become excessive, a condition is being provided that noise levels not exceed MPCA and EPA limits. If noise testing is required by the city, the cost shall be paid by the applicant. Bm Earth work is permitted only during the hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday and prohibited on national holidays. Finding The hauling ~on is anticipated to begin as soon as pennit approval is obtained. Permitted hours of ~on will be 7:00 a.m. to 6:00 p.m., Monday through Saturday with no work pennitted on Sunday or legal holidays. Operators are required to use all practi~ m~n, to eliminate vibration on adjacent property from equipment operation. Finding Staff does not feel there will be a problem with vibration on adjacent property. This condition was provided for mining activities. In this case, the ~on is small and on _temporary bases and would not cause vibration. D. Operators shall comply with all appflcable regulations for the protection of water quality. IUP for Carney May 6, 2003 Page 6 Finding Erosion control has been shown on the plan in ~ce with the City's Best lVlmmgement Practices Handbook (BMPI-I). Staff would only recommend an erosion control blanket be installed on the south side of the driveway slope. All disturbed areas as a result of construction are required to be reseeded and mulched within two weeks of site grading. Operators shall comply with all regulations for the protection of wefland~ Finding There is one wetland on-site. It is a flow-through wetland that does not appear on the City's wetland inventory. However, it meets the characteristics of an ag/urban wetland. The wetland was delineated by Schoell & Madson, Inc. in November 2002. The construction of the proposed driveway requires 1,950 square feet of wetland fill. Because the fill is under the 2,000 square foot de mi~imis, it is exempt from replacement under the Minnesota Wetland Conservation Act (MR 8420). Staff issued an exemption from wetland replacement requirements in February 2003. A wetland buffer 0-20 feet in width (with a minimum ave~ width of 10 feet) must be maintained adjacent to the rem~ning wetland on-site. In addition, slxucmres must maintain a 40-foot setback from the wetland buffer edge. Wexland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction be~ns and must pay the City $20 per sign. Operntors shah comply with nil requirements of the Watershed Disixict where the property is Iocnted. Finding The applicant is providing erosion control to meet requ/mments of the Wata'shed District. Watershed District approval is required. All top soil shnll be retnlned nt the site until complete restornflon of the site has tnken place according to the restornflon plan- Finding A stoclq~ile will be provided for the topsoil which will be respread on the site as soon as the excavation is completed. Operators shall use all practical _mca_ ns to reduce the amount of dust, smoke and fumes caused by the opemflon~ When amim~heric or other conditions make R Impossible to prevent dust from migrating off site, mining operations shall cease. IUP for Carney May 6, 2003 Page 7 Finding Staff does not anticipate a problem with these impacts with the site's location and preeanfions that the applicant is providing for the excavation. L To control dust and minimize tracking of sand, gravel and dirt onto public streelx, internal private roads to any public roadway shah be paved with asphalt or concrete for a distance of 300 feet to the intersection of the public roadway. Alternate means of controlling this problem may be ~ted by the city. Finding Thc streets that will be used for thc hauling are paved with curb and gutter or substandard in width. Thc proposed trucks arc leaving thc site via Gal~ Boulevard J. AH haul routes to and from the mine shah be approved by the Ci~ and shall only use streets that can safely accommodate the traffic. Finding The applicant must provide a haul rout. Section 7-46- Restoration Standards The ordinance provides a series of standards outlining site resto~om below. Am Bo The plan must be consistent with the City's Comprehensive Plan and Zoning Ordinance. Finding The Comprehensive Plan illustrates this area as residential and the applicant's ~ to construct a driveway to provide access to the site is in conformance with the intended use of it being a residential site. Therefore, staff believes that the proposal is consistent with the Comprehensive Plan and Zoning Ordinance. Restoration shall be a continuing operation occurring as quickly as possible after extraction operation has moved. Finding Res~on will be completed immediately after the fill mmea~al has been a_dd__e4. Staff will be maintaining a letter of credit to cover the ~on costs in the case that the applicant does not or is unable to restore the site in a timely manner. AH banks and slopes shall be left in accordance with the restoration plans submitted with the permit application. IUP for Carn~ Ma~ 6, 2OO3 Pag~ 8 Finding Staff is recommending that an as-built gl~ding plan be provided at the completion of the project so that staff can confirm the volume of material that has been imported and that the site is D. Slopes, graded areas and lmckfdl areas shall be surfaced with adequate top soft to secure and hold grmmd cover. Such ground cover shah be tended as necessary until it is serf Finding Thc topsoil shall be preserved on thc site and rcsprcad after grading is complete. Thc topsoil will then be seeded to ermurc ground cover for stabilization of the are~ E. All water areas resulting from excavation shall be ~ upon restoration of the site. Finding There will be no water areas, resulting from thc excavation of thc site, therefore, this condition is not applicable. F. No part of the restoration area which is planned for uses other than open space or agricultural shall be at an devalion lower than the n~ required for connection sanitary or storm sewer. Finding Thc fini~ grade of thc site is at an elevation that will allow for thc conn~on of municipal water, sanitary and storm sewer. G. Provide a landscaping plan mustraflng reforestation, ground cover, wetland restoration or other features. Finding Thc excavated areas will be restored with thc topsoil and seeded immediately after excavation. No trees or other forms of vegetation nccd to be replaced on thc site. INTERIM USE PERMIT STANDARDS Mining operations arc allowed in thc RSF District as an interim usc permit~ Thc ordinance provides that interim use permits arc reviewed under the general issuance stan~ established for conditional use permits, Section 20-2~2, of the ordinance. The following consti~ a compilation of thc general issuance standards and staff's findings for each. IUP for Carney May 6, 2003 Page 9 lo e e 6. m wm not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. *The proposed earthwork is a temporary operation. The hnporting of 1,900 cubic yards of fill will provide topography on the site which will be compatible with proposed residential uses and therefore it will not be deu'imental to the public health, safety, comfort, or general weffare of the city. Will be consistent with the objectives of the city's Compreh~ Plan and this chapter. *The earthwork will be main~ng the site in a form suitable for ~aidenfial use which is compatible with the Comprehensive Plan and this chapter. 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 chnnge the essentinl dmrncter of that nren. *The proposed earthwork and filling will be maintaini~ the site, compatible appearance with existing or intended charact~ of the general vicinity. The slope will be leveled to allow for a driveway into the site. This activity will not be changing the essential character, of the area. The land will be restored to a natural state once excavation is completed and will remain as such until development of the site. Will not be hamlxlous or disturbing to existing or planned neighboring uses. *With the precautions being taken by the a~lieant and with the conditions of approval, the activity will not be hazardous or disturbing to existing or planned neighboring uses, provided the applicant address the debris control. and ~hooh; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the estob~t of the proposed use. *The use is temporary which does not need to be served by public facilities and services. The finished elevation will allow the site to be served by sanitary sewer and water once it is develot~ in the future. Will not create excessive requirements for public ftuJlities and services and will not be detrimental to the economic welfare of the community. *The activity will not ~ excessive requirements for public facilities and will not be detrimental to the economic weffare of the community. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, propexty or the general welfare because IUP for Carney May 6, 2003 Page 10 of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. *The proposed excavation could result in excesaive traffic, noise and fumes. The conditions of the approval will provide standards by which the activities should be minimi?~d. o Will have vehiallar approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. *The excavation operation does have the potential to conflict with traffic on Galpin Boulevard especially during the rush hour periods. Staff is ~mending that if it is felt that traffic during rush hour is potentially a hazardous situation, the city could limit the hours of hauling on weekdays to non-rush hour periods. With this condition, staff feels the potential traffic conflicts will be minimized and will not be a potential hazard. o Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major signifi~ *The proposal will result in the removal of some existing canopy. 10. Will be aesthetl~ compatible with the area. *The area proposed for grading, once completed, will still be aesthetically compatible with the surrounding residential sites. 11. Will not depreciate surrounding property values. *The proposed use will not have a long term im.t~ on surrounding pmpewj values. 12. Will meet standards pr~Wd~d for certain uses as provided in this article. *The proposed excavation application is meeting the standards prescfi~ for the RSF District. Staff feels that the application is complete and will minimi?~ potential impacts. With the conditions proposed, staff is recommending that the Planning Commission and City Council appwve the project. RECOMM~.NDATION Staff recommends the Planning Commission adopt the following motion: '~fhe Planning Commission approves Interim Use Permit #03-1 with the following conditions: 1. The applicant shall provide the City with a cash escrow or letter of credit in the amount of $5,000 to guarantee ewsion control meas~ and site restoration and compliance with the interim use permit 2. Culvert sizing calculations will have to be provided for a 100-year, 24-hour storm event. IUP for Carney May 6, 2003 Page 11 3. The applicant must provide a proposed haul route for review and approval. 4. If fill is coming from another site in Chaahassen, a separate grading permit will be required for the other property. 5. All dis~ areas as a result of construction axe required to be ~ and mulched within two weeks of site grading. 6. The applicant shall pay the City aa administration fee of $208.00 prior to the City signing the permit. 7. An erosion control blanket must be installed on the south side of the driveway slope. 8. Add the benchmark to the plan that was used for the site survey. 9. Comply with the Carver County conditions of approval letter dated Alail 11, 2002 for a driveway access permit to the site. 10. The applicant shall obtain and comply with all permit r~tuimm~nts of the Watershed District, 11. The applicant shall supply the City with a mylar as-built survey prepared by a grofessional engineer upon completion of excavation to v~C~j the grading plan has been pexf~ in compliance with the proposed plan. 12. A stockpile must be provided for the topsoil which will be respread on the site as soon as the excavation is completed. Topsoiling and disk mulch seeding shall be implemented immediately following the completion of excavated areas. 13. Noise levels stemming from the ~on are not to exceed MnPCA and EPA regulations. If the city determines that the~e is a problem warranting such tests shall be paid for by the applicant. 14. Hours of operation are limited to 7:00 am. to 6:00 p.m., Monday through Saturday and prohibited on national holidays. If the City Engineer determines that lxaffic confli~ result dae to rash hour waffic flows, the hours of operation will be appropriately restricted. 15. The applicant shall be responsible for any and all road damage sustained from the truck hauling and cons~on activities. ...]~ 16. The applicant shall cons~t and maintain a gravel conslm~on ~ to the site. Access to the site shall be restricted to this access point only. 17. Building Official Conditions: a. A building permit is required for retaining walls over four (4) high and the walls must be designed by a professional engineer. b. Soil and compaction testing is required on the proposed building site ff any fill will be placed there, the results must be submitted to the Inspections Division before building permits will be issued. IUP for Carney May 6, 2003 Page 12 c. If city sewer service is not available to the property, two (2) acceptable on-site sewage treatment sites must be located by a licensed professional and the information must be submitted to the Inspections Division. The sites must be marked and protected to prevent damage from the grading activity. d. The address for the property shall be 6591 Galpin Blvd. 18. The applicant shall plant a minimum of five trees and 20 shrubs on the sl~ of the proposed drive to help minimize run-off and improve erosion control. The tree species shall be deciduous and a minimum 1" diameter for the trees. Shrubs shall be at least 2' high when planted. Proposed planting sites and species selection shall be approved by the city prior to planting." ATtArS 2. Public heating notice and ~ owners list 3. Plans dated March 14, 2003 IUP for Carney May 6, 2003 Page 13 CITY OF CTIANHASSEN CARVER AND HI=~IN~IN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of 2003-1 Interim Use Permit On May 6, 2003, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Brian Carney for bringing in fill in excess of 1,000 cubic yards. The Planning Commission conducted a public hearing on the proposed rezoning 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 le 2. 3. 4. The property is currently zoned Residential Single Family. The property is guided in the Land Use Plan for Low Density. The legal description of the ~ is attached as Exhibit A. The Zoning Ordinance directs the Pla~ning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been eonsider~ in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be cornpadble with the present and future land uses of the area. e) The proposed use conforms with all peff~ce standards contained in the Zoning d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accomm~ with existing public services and will not overburden the city's service capacity. 0 Traffic generation by the proposed use is within capabilities of streets serving the IUP for Carney May 6, 2003 Page 14 1 Section 20-232, Conditional Use Permit: a. Will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. c. Will be designed, consmmted, operated and maintained so to be compatible in a~ce with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. 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 adequamly by such facih'ties and services provided by the persons or agencies responsible for the establishment of the proposed Use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, material~, equipment and conditions of operation that will be detrimental to any persons, ~ or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the ~ which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the desmmtion, loss or damage of solar access, natural, scenic or historic features of major significance. Will be aesthetically compatible with the area. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. The planning report F2003-1 Interim use permit dated May 6, 2003, prepared by Sharmeen Al-Jarl, et al. is incorporated herein. j. RIP for Carney May 6, 2003 Page 15 RECOMMENDATION The Planning Commission recommends that the City Council approve the interim use permit for the use of the property for consmmfion of a driveway. ADOPTED by the Chanhassen Planning Commission this 6th day of May, 2003. CHANHASSEN PLANNING COMMISSION BY: ATTF3T: Secretary 03/18/03 17:16 FA~ 9522271110 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHAS~EN, MN 5~17 lO0 DEVELOPMENT REVIEW APPUCATION · . ADDRESS: TELEPHONE (Day time) __ Comp,ehensive Plan Amendment Conditional Use Permit Vaoation of RC~/WEasementa - .,~ Inter;m Use Permit 3Z Non-cor~omd~ Use Permit ....._ P~anned Unit Develo~nF __ Rezonlng __ Sign Plan R~,iew Vmlance Weltand ~ Permtt Zoning Appeal .i Site Plan Rev;ew' Sulxllviaion" ~_ Escrow for Filing Fees/Attorney Cost*' ($5O CU P/S PR/VAC/VAR/WAP/Metea and Bo~cls, $400 Minor SUB) I I I A IiII of all property ownm'm within 500 ~ of tim boundarIIm of Il'ii pmlmrty muir bi II'lOl~:ImJ with the appllcmlon. · Bulktlng material eamp~.~ muet be md)raNted wflh ~le plan revhJwi. · 'l'v~nly-~ix full ~ze folded copt~ of the plane mu~t be ~ubralted, Including an 81~" X 11 · reduced copy for em~l~ plan Ih.L ** EIcrow will be required for olhm' appllcatlonI through Itl cleviIopment oonb,llgt NOTE - When multiple applications are procaaeed, the appl'opdate fee shall be charged for each application, 03/18/03 17:17 FA'~ 9522271110 CI'IT OF C]/AABS~ 4003 PROJECT NAME ~,~. Z. P//t,/ /'Zj~//~ ~) 7' LEGAL DESCRIPTION 5~-~---'~'" O 3 zS- ,.71 TOTAL ACREAGE / WETLANDS PRESENT PRESENT ZONING REQUESTED ZONING ,S/~~~' PRESENT LAND USE DESIGNATION ~'/,~& c ~ ~~ REQUEST~ ~D ~E O~IGNAT~N ~~ ~' ~ R~~ ~R ~lS RE~E~ . ~~, ~ /~ ~~~' //~O V ~ ~. / ~ls a~tion mu~ be ~let~ in full ~d ~ ~~ ~ ~ ~ and m~t ~ ~m~ ~ ~1 ~~ ~d ~s ~~ ~ ~~e C~ ~~ p~~. ~ ~ ~b ~, ~u ~U ~er ~ ~ ~g ~nment to ~ine ~ s~ ~ln~ ~d p~u~ ~~~ ~~le ~ ~ur ~~. A determination of completeness of the application shail be made wilhin ten l~m~ days of application submittal. A written notice of .appl~ deflclalcle.s shall be mailed to the apprmant within ten business day~ of app--. This is to certify that I am making apptkation for the descrfl3ed action by the City and tl~t I am responsible fo~ complying with all City reculrements with regard to thb reque~l. Thb appl~ ahould be ~ In my name eqcl I am the party whom the City should contact regarding any matter perlaln~ lo this appiballon. I have attached a copy of proof of ownemh~ (either copy of CX~'~e,"s Duplicate CertlfK~ate of Title, Abstract of Title or pumhase agreement), or I am the authO~ perao~ to make this application and the fee owner has also signed this apptbatbn. I will keep myself Informed of the deadlJr~ for submialon of material and the progress of lt~ appllcallen. I further ~,'~lerstand that add:~Jonal fees may be charged for consulting fees, feaslblity studies, etc. with an estimate prior to any author~[tion ~o oroceed with the study. The document, and info~ I have subrnitled are ~ and correct to the best of .my knowledge. The city hereby notlflea the applicant that development review cannot be ~xnpleted wfthln 60 days due lo public hearing ,'equkemenla and agency review. Therefore, the city is notifying the appilcarff lh~t the city requires an ~1:!c 60 day extension for development review. Devet~nt review shall be c(~npleted wfthh 120 days unless additional review ex~ensions are approved by the applicant. Signature of~icant/ Date Signature ot Fee Owner ._ ,,,~ Application Received on ~ The apl)ih=am should oontact ataff for a oopy of the ataff repm~ whloh will be avalable on Friday iafor to the rne~n~ If not oontaotad, a oopy o1 the report will be mailed to the app4~a addr~, N~/'ICF_ OF PUBLIC HF-ARINGt~' CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, MAY 6, 2003 AT 7:00 P.M. - CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Intedm Use Permit for Fill APPLICANT: Brian Carney LOCATION: 1916 Crestview Circle NOTICE: You are invited to attend a public hearing about a proposal In your area. The applicant, Brian Camey, is requesting an Interim use permit to bring in fill in excess of 1,000 cubic yards for the construction of a driveway on property zoned RSF, Single Family Residential and located at 1916 Crestview Cimle. What Happens at the Meeting: The purpose of this public h.earing Is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments am received from the public. 4. Public hearing is closed and the Commlesion discusses the project. Questions and Comments: If you want to see the plans before the m--..cting,-please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Matt Saam at 952-227-1164. If you choose to submit wrfften comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this hearing was published in the Chanhassen Villager on April 24, 2003. · .Subdivisions, Planned Unit Dev;I .0pma!~s., .Site. Pla~.. Reviews, Conditional and intedm · Uses, Wetiand'Alte .rations, Rezonirigs; ~,omprehensive Plan Amendments, Code - · Amendments require a public.hearing b~fom the Planning C~.. mmission. C.ity Ordinances re~U~ all."'preperty with]ri 500 feet Of the subj~ site .tO b_e ,nOtified of the' application in writing. Any-interest'ed p.arty is invited to atteni:! the-m~i6fing. ;' ... , f"-?:. ~ -' .. ; .' .- ,,.' '-The staff prepares a report on the subject ~oplicaflo~. This report includes ail pertinent · --'reformation and a recommendation. These reports am available by .request. At the ;Planning Oemmisslen meeting, Staff Will give a ~etbal ov~ew.df"~'mpott anid a- '~ecemmen~l..~. en. The It~ will'be .op~nbd.f~ ~e.;pdbli¢.to.~~.' ' .',~d~ the p.toposal. as a par[ of~ hea~ing proce~,' The Commiss,on will clbse ~ pui~iic he'~rin'g and--~-. ,discuss the item and make a recommendation to the' City, Council,.. The C.ity Council may ~v, eme~, affirm; ~' modify whole: 0.r partly.the Pl~g Commissien's ... - . ~ .;'= . ..,~ .-,; - .--. .. .. -.,. .~ ,~ ' -, .. .... , ,. .... ;~ - . ,- . . ·. .mCq~.',.~..daflon, ~,~..e~.onings,; I .an.~. U .._se and..cod, e_. amer~lmen .ts ~ a sjrr~e major.; - roie of the City Council except rezoni6~8 and land use.amendments'from.residential to . commercial/industrial.. . Minnesota State Statute 519;99 .requires all applications tO be' p.~ed wi~in"60'days '.unless the applicant wa'wes'this-~st..~an.~_ dard.- Som-e appl'.ma..~-'d~ ue~to .fl~eir'complex~ ~nay take several months to comp~6te. Any person wiSh!rig.to follow an item through. · .the @~ss. sh..~,!d check with..the .P!~,mm.'ng Del3arb~erlt reg~rdir~g its status and · , .. ~.~;~.' . <. .. ~. ..' ,. '... .-A' ~'eighberi~~okesl~m~n/mpresetitative. is encouraged-~o'pm/ide-a contaet'f0~ '-the city, Often developers are en .coum.g?d-to mcc~ With the-neighborhood r_eg..arding · their pr0pe~l,': S~.IS also m/ailable td;i~ieW the pl~oject ~ tiny interest~d;;"" on(s). .- · . .- . - .~.~. ;.~;-.-.-~= ... '. - ..- . Because the Planning Commission'helds the public .i~.'.~".. '~"-Co~.'rmi..! dC/es not. ".Minutes.are taken .and any cp..rresp0, ndence regarding' ..t..he.... ~6n .wili'bei.~l;~cluded in · ~he.report to the.Cl.ty. Coancll: lf'¥ou ~lsh to have so~th~~lncluded_ ,..~.~e . -.report, pie .ase~ .~33.n. ta ,ct the Planning Staff=person narr~d~'n0ti, r,~.'..tAm,-- - -. . - .. ~.; '-~. . ' . . .'. , -.- · . - -. . . .. .. ~'i' "' ..... ' '= " ' · . .'.'..- . · . · .~ ., · . -. ... . .. . . .. , . . 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PATRICIA HELENE HAUGEN C/O PATRICIA STAMP 1960 WHITETAIL R EXCELSIOR MN 55331 DUANE D & KAREN K MALMSTROM 6460 WHITE DOVE EXCELSIOR MN 55331 CHARLES C HICKS & VICKY R SHERMAN 1941 CRESTVIEW ~ EXCELSIOR MN 55331 KENNETH W & NANCY C EATO 1950 WHITETAIL R EXCELSIOR MN 55331 WAYNE A SCHMIDT & CARTER M HEDBERG 1930 CRESTVIEW ~ EXCELSIOR MN 55331 DORIS LILLIAN NIKOLAI 6570 GALPIN BLVC EXCELSIOR MN 55331 GENE D DEWEESE & JULIE A THORNDYCRAFT 1940 WHITETAIL R EXCELSIOR MN 55331 SHAWN & CHERRI ENGSTROM 1950 CRESTVIEW ~ EXCELSIOR MN 55331 BRIAN J CARNEY 6566 SHADOW LN CHANHASSEN MN 55317 KENTON L & SHARON N TOLLBERG 125 CHOCTAW CIF CHANHASSEN MN 55317 WILLIAM J CAMPBELL & BRYNN D ROGERS 2050 CRESTVIEW I EXCELSIOR MN 55331 CHARLES C HICKS & VICKY R SHERMAN 1941 CRESTVIEW ~ EXCELSIOR MN 55331 THOMAS S KASPRZAK 1920 WHITETAIL R EXCELSIOR MN 55331 BRUCE A & JEAN A MATFSON 2020 CRESTVlEW I EXCELSIOR MN 55331 NANCY K MANCINO 6620 GALPIN BLVC EXCELSIOR MN 55331 JAY P & JAMIE S KARLOVICH 1910 WHITETAIL R EXCELSIOR MN 55331 STEVEN & SHARON T HERRON 1941 WHITETAIL R EXCELSIOR MN 55331 JAMES M & DEBRA I RONNING 6640 GALPIN BLVC EXCELSIOR MN 55331 RICHARD J & SALLY A OESTREICH 6440 WHITE DOVE EXCELSIOR MN 55331 CHRISTIAN P & ELIZABETH PREUS 1651 LAKE SUCY L EXCELSIOR MN 55331 BRECK O & MARLIESE JOHNSON 6621 GALPIN BLVC EXCELSIOR MN 55331 ERIK A & CHRISTINE M TAMMEARU 6450 WHITE DOVE EXCELSIOR MN 55331 MARY TRIPPLER 1931 CRESTVlEW I EXCELSIOR MN 55331 STEVEN W & WENDY LAM BURESH 6651 GALPIN BLV~ EXCELSIOR MN 55331 WILLIAM C & JUDITH J ASHENBACH 2041 65TH ST W EXCELSIOR MN 55331 TORY G WALTON & CAMILLE S RAICHE 1961 CRESTVIEW ~ EXCELSIOR MN 55331 BRADLEY D HIMLE 6681 GALPIN BLV~ EXCELSIOR MN 55331 DANA F NICHOLSON & DEBRA A PITTMAN 6500 GALPIN BLVD EXCELSIOR MN 55331 PAUL S TUNGSETH 2051 CRESTVlEW I EXCELSIOR MN 55331