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4. Interim Use Permit Request for "After the Fact" Grading/Earthwork for Holasek GreenhouseCITY OF �� CHANHASSEN PC DATE: 8/16/95 CC DATE: 9/11/95 CASE #: 95 -3 IUP By: D. Hempel 1 STAFF REPORT �Z Q 'J a. Q �Q W PROPOSAL: Request for an after - the -fact interim use permit to place 36,000 cubic yards of fill material LOCATION: Holasek Greenhouse south of Lyman Boulevard (Co. Rd. 18) and west of Galpin Boulevard (Co. Rd. 19) APPLICANT: Holasek Greenhouses Earl Holasek, Jr. 8610 Galpin Boulevard Chaska, MN 55318 PRESENT ZONING: A -2, Agricultural Estate District ACREAGE: 64 Acres DENSITY: N/A ADJACENT ZONING AND LAND USE: N - A -2 S - City of Chaska Industrial /Commercial E - SFR - Stone Creek W - City of Chaska Industrial /Commercial WATER AND SEWER: N/A Acton by City Admbf h" Endorse � Modifie' Ae }ectP+ Data 9- b Date Submittal to Commissiofl Date Submitted to CONCH PHYSICAL CHARACTER: Generally agricultural use consisting of greenhouses and /or agricultural farming practices. The property does contain some wetlands. 2000 LAND USE PLAN: Industrial Holasek Greenhouses Interim Use Permit Page 2 PROPOSAIJSUMIVIARY The city has received an application from Holasek Greenhouses for after - the -fact filling and grading of approximately 36,000 cubic yards placed over the Holasek Greenhouse site south of Lyman Boulevard. City staff discovered this violation after the fact and therefore required the applicant to come forward with an application to bring the site into conformance. Staff is recommending approval of this interim use permit with the conditions outlined in the report. BACKGROUND On January 11, 1995, city staff received telephone calls from Mr. Holasek, property owner at 8610 Galpin Boulevard, regarding obtaining a grading permit to place fill on his property. Mr. Holasek was informed that an earthwork permit which involved that magnitude of fill material would require an interim use permit and take approximately 45 days to receive approval. Mr. Holasek indicated that there was not enough time to properly obtain a permit because the fill material was available now and inclement weather did not permit delays. The conversation ended with Mr. Holasek not pursuing obtaining a permit or interest in receiving the fill material. Over the weekend of January 14, 15, and 16, 1995, staff discovered that a large amount of dirt had been trucked into the site from sites within the City of Chaska. On Wednesday, January 18, 1995, staff placed a stop work order on the site until the proper permits were applied for and obtained. The earthwork activities did stop and the applicant proceeded to obtain the necessary permits. The applicant has been working with staff to obtain the necessary data for complete submittal. In conjunction with the earthwork activities, fill material was placed within some wetland areas on the property. However, these wetland areas were previously employed in agricultural practices and therefore a certificate of exemption from the Wetland Conservation Act has been obtained through the City by Mr. Holasek. All earthwork activities have been completed and the site restored, for the most part, with vegetation. No additional earthwork activities will transpire in conjunction with issuance of this interim use permit. Staff believes that the earthwork activities that have occurred on the property are compatible with the use. Staff is recommending approval of this permit with an expiration date of October 15, 1995, to ensure that all disturbed areas have been properly revegetated. Fill was placed generally in two areas. Approximately 11,800 cubic yards of material was placed east of the driveway for future expansion to the parking lot (Area A). The other area (B) is located south of the mini - storage buildings and greenhouses along the west property line. Approximately 24,000 cubic yards of material was placed in Area B. Most of the areas need to be reseeded and mulched to establish vegetation. Holasek Greenhouses Interim Use Permit Page 3 ' FINDINGS When approving a conditional use permit, the City must determine the capability of a ' proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20 -232, include the following 12 items: 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. ' Finding: The project has been completed with the exception of site restoration, therefore, no endangerment to the general public exists. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. ' Finding: The earthwork activities that have transpired have blended the clean fill material with the existing terrain. The additional fill material that has been placed is compatible with the adjoining properties. 3. 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. Finding: This area has been employed in agricultural uses for the past 20 years. The site also includes a number of greenhouses. Fill material has been graded to be compatible with adjacent properties. ' 4. Will not be hazardous or disturbing to existing or planned neighboring uses. ' Finding: The project has been completed. No further trucking activities will transpire. The site still needs to be revegetated. ' 5. 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 such facilities and services provided by ' the persons or agencies responsible for the establishment of the proposed use. Finding: All the material has been hauled into the site and blended into the existing topography. The site still needs to be revegetated for the most part. Holasek Greenhouses Interim Use Permit Page 4 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The project has already been completed except for restoration. The City will continue to monitor the site until the disturbed areas are revegetated. 7. 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. Finding: The trucking activities have been terminated. The site will not be receiving any additional fill material. The site work has basically been completed with the exception of restoration. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: All trucking activities have been completed. No additional earthwork activities are proposed. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or ' historic features of major significance. Finding: The project has been completed. The grading did involve filling a small ' portion of Ag/Urban wetlands which have been previously employed in agricultural use for the past 10 years. A certificate of exemption from ' the Wetland Conservation Act has been obtained by the applicant. 10. Will be aesthetically compatible with the area. ' Finding: The project has been completed and the site restored to be compatible with the existing property lines. The site needs to be revegetated or ' employed in cropland. 11. Will not depreciate surrounding property values. , Finding: The project has maintained or improved property values by restoring the area with vegetation and controlling erosion. Holasek Greenhouses Interim Use Permit Page 5 12. Will meet standards prescribed for certain uses as provided in this article. Finding: The applicant has provided an as -built grading plan and has obtained the certificate of exemption from the Wetland Conservation Act. The site still needs to be restored or employed in agricultural practices. ' PLANNING COMMISSION UPDATE, ' On August 16, 1995, the Planning Commission approved the Interim Use Permit (IUP) for Holasek Greenhouse with fill material placed after the fact. The Planning Commission approved the IUP with the conditions outlined in the staff report and suggested staff pull together the costs incurred by the City and City Attorney's office in enforcing this permit. As of today, the costs total less than $150. However, the site has not been fully revegetated yet and will require at least one more inspection by City staff. This one inspection will involve a ' fee of $25 or less. Staff is requiring the applicant to provide the City with a financial escrow in the amount of $2,500 to guarantee site restoration and compliance with the terms of this permit. RECOMMENDATION Staff recommends the City Council adopt the following motion: "The City Council approves Interim Use Permit #95 -3 for Holasek Greenhouses for the material that has been hauled in as shown on the plans prepared by William Engelhardt & Associates dated May 31, 1995 and subject to the following conditions: ' 1. The applicant shall pay a grading permit fee in accordance with the Uniform Building Code, Appendix 70 -B, based on the amount of earthwork hauled into the site (36,000 cubic yards). The applicant shall be responsible for a grading permit fee of $319.50. ' 2. The applicant shall complete and resubmit the signed Wetland Conservation Act certificate of exemption. ' 3. The interim use permit shall expire on October 15, 1995. All disturbed areas as a result of the filling shall be reseeded and mulched or employed in crops. The applicant shall supply the City with a financial escrow in the amount of $2,500 to guarantee restoration and compliance with conditions of this permit. ' 4. The applicant shall reimburse the City for all costs incurred for the enforcement of this permit including engineering and attorney fees. Holasek Greenhouses Interim Use Permit Page 6 5. The applicant shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from permit approval or work done in conjunction with it. The applicant shall indemnify the City and its officers and employees for all costs, damages or expenses that the City may pay or incur in consequence with such claims, including attorney fees." ATTACHMENTS 1. Permit Application. 2. Memo from Dave Hempel to Grading Permit File dated January 19, 1995. 3. Certificate of Exemption from Wetland Conservation Act. 4. Public Hearing Notice. 5. Grading Plan prepared by William Engelhardt & Associates dated May 31, 1995. 6. Planning Commission minutes dated August 16, 1995. c: Charles Folch, Director of Public Works Diane Desotelle, Water Resources Coordinator Mr. Earl Holasek, Jr. Hazeltine- Bavaria Watershed District g \engldave\pc\holasek iup �I i i i i i CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937 -1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: Earl Holasek, Jr. OWNER: Earl J. Holasek, Sr. Deloris B. Holasek ADDRESS: P. O. Box 147 ADDRESS: 8610 Galpin Blvd. Chanhassen, MN 55317 TELEPHONE (Day time) 474 -6669 1. Comprehensive Plan Amendment 2. Conditional Use Permit 3. XX Interim Use Permit (Filling & Grading Permit) 4. Non - conforming Use Permit 5. Planned Unit Development 6. Rezoning 7. Sign Permits 8. Sign Plan Review Chanhasen, MN 55317 TELEPHONE: 11. Vacation of ROW /Easements 12. Variance 13, Wetland Alteration Permit 14. Zoning Appeal 15. Zoning Ordinance Amendment Notification Signs 9. Site Plan Review X Escrow for Filing Fees/Attomey Cost" $100 CUP /SPRNACNAR/WAP $400 Minor SUB/Metes & Bounds 10. Subdivision TOTAL FEE $ 4M -00 A list of all property owners within 500 feet of the boundaries of the property must Included with the application. Twenty -six full size folded copies of the plans must be submitted. 8W' X 11" Reduced copy of transparency for each plan sheet. NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. "' Escrow will be required for other applications through the development contract r. i PROJECT NAME N/A s LOCATION 8610 Galpin Boulevard, Chanhassen LEGAL DESCRIPTION Sec_ 21, Township 116, Range 23 44.06 acres; The NE 1/4 of the NE 1/4 and Govt..Lot 1, ' NW of RR and in S22— T116 —R23, 20.46 acres in NW 1/4 of the NW 1/4 and in Section 15 and 16 PRESENT ZONING A2 REQUESTED ZONING A2 PRESENT LAND USE DESIGNATION ' REQUESTED LAND USE DESIGNATION Grading and Filling Permit REASON FOR THIS REQUEST ' 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. ' 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 1 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. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval /permit is granted within 120 days with the Carver County Recorder's' Office and the original document returned to City Hall Records. Signature of Applicant Date Signature of Fee Owner Dad' App 64 , / . oo Rece No. 39 H Appl ica tion Received on Z � /�'9S Fee Paid ��-D p The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the ' meeting. If not contacted, a copy of the report will be mailed to the applicant's address. The following is the revised information required for applications for Earth Work Permits as set forth in the Chanhassen City Code 7 -35B: 1. The name and address of the operator and owner of the land, together with proof of ownership. If the operator and owner are different, both must sign the application. ANSWER: Owner: Earl J. Holasek, Sr. and Deloris B. Holasek 8610 Galpin Boulevard Chanhassen, MN 55317 Operator: Earl Holasek, Jr. 8610 Galpin Boulevard Chanhassen, MN 55317 Proof of ownership is attached as 1995 Property Tax Statement. 2. The correct legal description of the property where the activity is proposed to occur. ANSWER: ' Section 21, Township 116, Range 23, 44.06 acres; The NE 1/4 of the NE 1/4 and Govt. Lot 1, NW of RR and in S22- T116 -R23, 20.46 acres in NW 1/4 of the NW 1/4 and in Section 15 and 16. 3. A certified abstract listing the names of all landowners owning property within 500 feet of the boundary of the property described above. ANSWER: Attached. Prepared by Carver County Abstract. 4. Specifications of the following, using appropriate maps, photographs and surveys: a. Proposed grading plan. ANSWER: See grading plan map prepared by William R. Engelhardt Associates, Inc. (hereafter "grading plan "). b. Proposed stockpile sites. ANSWER: See grading plan. C. The physical relationship of the proposed designated site to the community and existing development. ANSWER: See grading plan. d. Site topography and natural features including location of watercourses and water bodies. ANSWER: See grading plan. e. The description and quantity of material to be excavated. ANSWER: See grading plan for existing material. No further exavation contemplated. f. The depth of water tables throughout the area. ANSWER: Based upon the depth of the well on -site, water tables are estimated to be 260 to 280 feet. g. The location and depth of wells and buried garbage, water, and fill. ANSWER: The well depth is 280 feet and located approximately 1,000 yards east of the present stockpile. There is no buried garbage on the site. There is no water on the site. See grading plan for wetland and fill locations. 5. The purpose of the operation. ANSWER: The purpose of the operation is to beautify the area surrounding greenhouses, to widen the driveway providing for better access and to stockpile for replacement under existing greenhouses upon removal. 2 1 6. The estimated time required to complete the operation. ANSWER: The operation is completed. 7. Hours and months of operation. ANSWER: The operation is completed. ' 8. A tree survey indicating the location and type of all trees over six (6) inches in caliper. In a heavily wooded area only the boundaries of the tree areas must be indicated on the survey. ANSWER: ' See grading plan. 9. An end use landscape plan and interim screening plan for the operation period. ANSWER: ' See grading plan. The disturbed stockpile area and driveway slope will be seeded with prairie grass. ' 10. The plan of operation, including processing, nature of the processing and equipment, location of the plant, source of water, disposal of water and reuse of water. ANSWER: The plan of operation is as follows: The driveway and parking lot area is essentially done. It requires seeding. The stockpile will be used as replacement fill under the existing greenhouses when and if they are removed. ' 11. Travel routes to and from the site and the number and type of trucks that will be used. ANSWER: Travel has occurred along the side of the existing greenhouse on County Road 18. 11 12. Plans for drainage, erosion control, sedimentation and dust control. ANSWER: See grading plan. 13. A restoration plan providing for the orderly and continuing restoration of all disturbed land to a condition equal to or better than that which existed prior to the earth work. Such plan shall illustrate, using photographs, maps and surveys where appropriate, the following: a. The contour of the land prior to excavation and proposed contours after completion of excavation and after completion of restoration. ANSWER: See grading plan. b. Those areas of the site to be used for storage of topsoil and overburden. ANSWER: See grading plan. C. A schedule setting forth the timetable for excavation of land lying within the extraction facility. ANSWER: Not applicable. d. The grade of all slopes after restoration, based upon proposed land uses, and description of the type and quantity of plantings where revegetation is to be conducted. ANSWER: See grading plan. e. The criteria and standards to be used to achieve final restoration as well as intermittent stabilization. ANSWER: See grading plan. 14. A statement identifying the applicant's program to 4 insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. ANSWER: The applicant will work closely with the City and the neighbors to resolve any complaints or conflicts that may arise. 15. Unless exempt under Minnesota Rules, an environmental assessment worksheet, if required by the City. ANSWER: Not applicable. 16. A wetland alteration permit, if required by the City Code, which shall be processed concurrently with the excavation permit application. ANSWER: This has been done with the City. 17. other information required by the City. ANSWER: Not applicable. 5 �x aa�x a a1%z 0. t') G7Q h 01—Y N � �hhd c� Mu O.Y UJ Z •.[EY •• •. q ##W .D O S LM- W A. • Q O N 2 cc 1tn= 1 {tad 1 act Of 2 X Z u (!j ,t 1 #. �rou Kt .c O rn x trJ 1 tT�L2. c uj At 4e)( d MOO)'r O`T it F U. f• O m _ 1F l_ nC >-Z -if!) nL A. QceL.) 04 UV) III 1 r.]4 WOO M"T 4u 9 I]AWF- IQ ► �C►� OU4_3 ZOU t'i ulz Oxon ;Jc CX k% a P In° i # i P }P ir, " - Guj t; C) C] MSS V Q U1 N .d m N co > e Z '-� 111 Y -i . . N 7c: d2 U) C7C) Ol c _j - Z_ e:w3 pp rn 0 r t co M © C MCL LLJ r • • 0� >r M . �cn N m dc7 wri OW 111 .r tvlin W > N CN a � JL31 LL t1JC W CC'+a a dlox cc V W tntj O�zw�u. B A t] � v► w .� w as v r', c C ' p i x d W • • • • • • p F., A i 1. .111. `} O kn [:) J) 1� fJ r• d m O Irr N n .-4 -. 0 , a s • - p a cc ar w 02 ­4 „4 , N 0 w u1 I* to G7 IL U\ d >� C3 M c4 LA r1 c 1c AC • • • • ♦ f 1 7 .^I cy c4 --, (Y u1 In m J W r-1 10 ..e0 Q. r • • (143 t9 tC �' ti1 NI ri11A yq vi +t - x ht r4 Oar m e7 C]t,l)P��w w Z r .. a OZ J]Cu y < (n 1J.J FO-O r Jd •tOt d en W o ­4 N u1 Q CeCD y� t_� W V) a`x.`�ICI_.nM W J!1 4 faCu1 p .-1 DIZ� C] t� N Ow1m r!_ 49C Uir" r ds 1 �T u1 TOT ca ow" OKK (n° ZF• [A O •r+��.�o ti W Z 4 In OO' Si u!-� W F N W r n K U. d 3ttu. -J ` w �.�.a CGS U) C D >Y x �aF -.T wa ,� F- m _ no<a 0n- < J 04 _j a: Q DoT w 0 U JOV lUT OWI a 5�� a- JV -i W ( -JO r F• Cie -9 Ott 0 0 6 W o a w � 0 � F o : y W �i CC Q !� T w Q• _ U -12 4 I O 0 111.E C1 N ,4 L.]A a U 11 O ..e4J � 0a. F^ F - {L N J'4hNL KNUTSON STIER KNUTSON, EARLEY, SHERIDAN & BURNS ATTORNEYS AT LAW HOWARD A. KNUTSON 120 MIDWAY BANK BUILDING LEGAL ASSISTANTS: PAUL J. STIER 14300 NICOLLET COURT MICHELE M. GUTHRIE DAVID L. KNUTSON BURNSVILLE, MINNESOTA 55306 DANEA M. PAGE JOSEPH P. EARLEY OFFICE: (612) 435 -7704 KELLI A. GRUND DANIEL M. SHERIDAN' FAX (612) 435 -7070 JOH T. BU RNS, JR. BELLE PLAINE OFFICE (612) 873 -6868 'LICENSED CPA ' HAND DELIVERED July 24, 1995 CITY OF GOANOASSEN Mr. David C. Hempel Assistant City Engineer JUL 2 4 WS City of Chanhassen 6 Coulter Drive E GINEER DEPT. Chanhassen, MN 55317 ' Re: Submittal for Earthwork Permit - Holasek Greenhouse Grading Permit File.: 95 -1 ' Dear Mr. Hempel: Enclosed please find the completion of Holasek Greenhouse's ' application submittal for the above permit. The additional information is submitted per the items outlined in your letter dated March 3, 1995. ' Enclosed please find the following: 1. Proof of Ownership: Enclosed please find a copy of the 1995 proposed property tax statement listing Earl J. Holasek as owner. 2. Adioinina Landowners: Enclosed is an ownership list prepared by Carver County Abstract showing all owners within 500 feet of the boundary of the property. 3. An existing and proposed grading contours map: A grading plan map has been prepared by William R. Engelhardt Associates, Inc., (Hereafter "grading plan ") and submitted to the city in 24 folded copies. As the applicant is no longer requesting additional fill being brought to the site, the proposed grading is now moot. The grading plan shows the amount of fill that has been hauled in over the past year. The grading plan notes existing buildings, driveways, treelines, any wetlands and pipline easements. Mr. David C. Hempel Page 2 July 24, 1995 4. Wetlands delineation: This information is also included on the grading plan. 5. Haulina narrative: No future earthwork will be hauled into the site. 6. Access routes: Access route for past hauling is shown on grading plan. No future hauling. 7. Erosion and dust control: Shown on grading plan. 8. Topsoil storage: Shown on grading plan. Please contact me or Earl Holasek with any questions or concerns or if addition information is required. Sincerely, f r. � �, �,; � /'�� ✓ter 9r . Joseph P. Earley JPE /dmp encs. cc: Earl Holasek APPENDIX 1991 UNIFORM BUILDING CODE TABLE NO.70 -A— GRADING PLAN REVIEW FEES 50 cubic yards or less ......... ............................... No fee 51 to 100 cubic yards ......... ............................... $15.00 101 to 1,000 cubic yards ....... ............................... 22.50 1,001 to 10,000 cubic yards ..... ............................... 30.00 10,001 to 100,000 cubic yards — $30.00 for the first 10,000 cubic yards, plus $15.00 for each additional 10,000 yards or fraction thereof. 100,001 to 200,000 cubic yards — $165.00 for the first 100,000 cubic yards, plus $9.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more — $255.00 for the first 200,000 cubic yards, plus $4.50 for each additional 10,000 cubic yards or fraction thereof. Other Fees: ' Additional plan review required by changes, additions or revisions to approved plans ......................... $30.00 per hour* (minimum charge —one -half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. TABLE NO. 70-13—GRADING PERMIT FEES' 50 cubic yards or less .......... .........................�..... $15.00 51 to 100 cubic yards .......... ............................... 22.50 101 to 1,000 cubic yards— $22.50 for the first 100 cubic yards plus $10.50 for each additional 100 cubic yards or fraction thereof. 1,001 to 10,000 cubic yards — $117.00 for the first 1,000 cubic yards, plus $9.00 for each additional 1,000 cubic yards or frac thereof. 1 10,001 to cubic yards — $198.00 for the first 10,000 cubic yards, plus S40.50 for each 100.001 cubic yards or more — $562.50 for the first 100,000 cubic yards, plus $22.50 for each additional 10,000 cubic yards or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours ........ $30.00 per hour' (minimum charge —two hours) 2. Reinspection fees assessed under provisions of Section 305 (g) . $30.00 per hour' - 3. Inspections for which no fee is specifically indicated . $30.00 per hour' (minimum charge —one -half hour) 'The fee for a grading permit authorizing additional work to that under a valid permit shall ' be the difference between the fee paid for the original permit and the fee shown for the entire project. ZOr the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 998 q CITY OF �HaNHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Grading Permit File No. 95 -1, Holasek Greenhouses (4610 Galpin Boulevard - PIN 25.0210100) FROM: Dave Hempel, Assistant City Engineer h DATE: January 19, 1995 SUBJ: Violation of City Earthwork Ordinance No. 128 On Wednesday, January 11, 1995, City staff received a telephone call from Mr. Earl Holasek, property owner at 8610 Galpin Boulevard (Holasek Greenhouses), regarding obtaining a grading permit to place fill on his property. I spoke to Mr. Holasek regarding an earthwork permit and explained the permitting process. According to City Ordinance, 50 cubic yards to 1000 cubic yards could be administratively authorized and amounts over 1000 cubic yards would require an interim use permit which takes approximately 45 days to receive approval. Mr. Holasek indicated there was not enough time to get a permit because the fill material was available now. The conversation ended with Mr. Holasek not pursuing a permit or interest in receiving the fill material. Staff also believed Mr. Holasek would not be accepting any of the fill material. Later that same day I was visited by Mr. Bob Nyen with Nyen Excavating and Roger Hartman. They stopped by my office to inquire about an earthwork permit for filling on the Holasek Greenhouse site. I had indicated to them that Mr. Holasek had already telephoned regarding obtaining a permit and I proceeded to tell them the permit requirements. They both left the office with no interest in pursuing a permit due to the fact the timing was all wrong. On Tuesday, January 17, 1995, Park and Recreation Director Todd Hoffman indicated he had witnessed numerous trucks hauling fill over the weekend of January 14, 15 and 16, 1995 to the Holasek Greenhouse and Mini - Storage site south of Lyman Boulevard. The Mini - Storage site is located outside the Chanhassen city limits. On Wednesday, January 18, 1995, Bill Bement, Engineering Technician, and myself visited the Holasek Greenhouse site to find many dump trucks hauling clay -like material from Chaska into the backside (south) and east side of the Holasek Greenhouse property. In addition, fill was also being leveled out and pushed around and into parts of the wetlands and wooded areas on the site. We spoke to Mr. Holasek about the filling activities initially at 11:00 a.m. on January 18, 1995. � .� MEMORANDUM Grading Permit File No. 95 -1 January 19, 1995 ' Page 2 ' At that time, it appeared most of the filling was occurring outside the City of Chanhassen limits. We did issue a stop work order for the portion of grading activity on the east side adjacent to the parking lot which Mr. Holasek agreed to stop filling. After returning to the office and reviewing city maps, we discovered that all of the earthwork activities were being performed within the city and thus returned to the site and told Mr. Holasek that he did not have a permit and would have to stop work immediately. We also stopped the trucks and the dozer operator ' and told them that the work activity would have to stop until a grading permit was obtained. All work activities stopped at 2:00 p.m. on January 18, 1995. Mr. Roger Hartman met us on the site shortly after we shut down the operation to discuss his options to keep the operation going. We told him that they needed an interim use permit for this activity and I would be sending Mr. Holasek a letter regarding this violation shortly. We also f took numerous pictures of the filling activities that had transpired on the site. ' ktm c: Don Ashworth, City Manager ' Charles Folch, City Engineer Kate Aanenson, Planning Director Tom Scott, City Attorney ' gAeng \dave \memos \holasek CITY OF �HANHA55EN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 April 28, 1995 Mr. Earl Holasek P.O. Box 147 Chanhassen, MN 55317 Re: Exemption to Fill Wetlands - SWMP -8C Dear Mr. Holasek: Enclosed is an affidavit and a certificate of exemption to fill prior converted agricultural wetland for agricultural use. Please sign the certificate and sign and notarize the affidavit for our files. We will return a final copy of the certificate after we have received the signed forms. Please call me at 937 -1900, extension 156 if there are any questions concerning this project. Thank you for your cooperation. Sincerely, CITY OF CHANHASSEN Diane Desotelle, P.E.., Water Resources Coordinator DD:ktm Enclosures g \eng`,diane \wetlands \exempts\holasek. let MINNESOTA WETLAND CONSERVATION ACT (WCA) AFFIDAVIT EXEMPTION EVIDENCE FOR LOCAL GOVERNMENT UNITS (LGU) I do hereby certify that the following statement of evidence or activity is true and may be used as evidence to support qualification for WCA exemptions. The LGU may require additional affidavits or verification evidence before making an exemption determination. Location: NW1 /4, NW1 /4, Section 22, Township 116 N, Range 23 W, Carver County. ' Descriotion of Evidence for Exemotion,: 91 - A replacement plan for wetlands is not required for activities in a wetland that was planted with annually seeded crops, was in a crop rotation seeding of pasture grasses or legumes, or was required to be set aside to receive price support or other payments under United States Code, title 7, sections 1421 to 1469, in six of the last ten years prior to January 1, 1991. Set aside land used for this exemption must be wetland types 1 and 2. Clarification from the City of Chanhassen's attorney and the Board of Soil and Water Resources states that the fill for expanded parking area and greenhouse expansion falls under the definition of agricultural use since the applicant has a wholesale nursery business. On enal of perjury, I hereby swear under oath that the information above, made for the p tY P J purpose of documenting qualification for an exemption from the WCA, is true to the best of my knowledge. Signature Social Security No. Date ACKNOWLEDGEMENT The foregoing instrument was subscribed and sworn to before me on (Notary Stamp or Seal) c: SWMP -8C 1995. g \ eng% diane \wetlands�exempts \holasek.aff WE , SAND CONSERVATIC ACT CERTIFICATE OF EXEMPTION OR COMPLIANCE OR NO LOSS* City of Chanhassen Diane Desotelle 690 Coulter Drive Chanhassen, MN 55317 (612) 937 -1900 ext. 156 Earl Holasek. Jr. P.O. Box 147 Chanhassen, MN 55317 474 -6669 (Name, address, and phone of applicant) Fillina of a prior converted agricultural wetland for agricultural uses as defined in the Wetland Conservation Act rules., (Description of project/Name of development) Carver Countv. Township 116N. R23W. Section 22, NW1 /4, NW1 /4 (Location of work: Township, Range, Section, Qtr. Section, Lot, Block, Subdivision, City, County) (For seasonal /annual exemption attach proposed general location information, i.e. maps, aerial photos) The wetland activity at the above site is exempted from or in compliance with the Wetland Conservation Act (WCA) for the following reason: [Please Circle (A), (B), (C), (D), OR (E)] This exemption certification expires Mav 5. 1996 . (Date) (A) A Wetland Does Not Exist; OR (B) Exemption # 1 (per MN Rule Chapter 8420) Description of Exemption A replacement Dian for wetlands is not required for activities in a wetland that was slanted with annuallir seeded crops. was in a crop rotation seedina of Dasture grasses or leaumes. or was reauired to be set aside to receive Drice SuDDort or other Davments under United States Code, title 7, sections 1421 to 1469, in six of the last ten vears Drior to January 1. 1991. Set aside land used for this exemption must be, wetland tvpes 1 and 2. Clarification from the City of Chanhassen's attornev and the Board of Soil and. Water Resources states that the fill for expanded Darkina area and areenhouse expansion falls under the definition of aaricultural use since the aDDlicant has a wholesale nursery business., OR (C) Wetland Loss Has Been Avoided; OR (D) Wetland Has Been Replaced As Per Approved Plan (attached); OR (E) No Loss Determination (attach plans). The information provided for this determination is truthful and accurate to the best of my knowledge. (Applicant Signature) (Dated) (LGU Official Signature) (Dated) THIS CERTIFICATION ONLY APPLIES TO THE WCA OF 1991. Permits from local, state, and federal agencies may be required. Check with the appropriate authorities before commencing work in or near wetlands. The Combined Project Notification form can be used for this purpose. FOR ALL EXEMPTIONS: A landowner draining or filling a wetland under an exemption shall ensure that; appropriate erosion control measures are taken to prevent sedimentation of the water, the drain or fill does not block fish passage, and the drain or file is conducted in compliance with all other applicable federal, state and local requirements, including best management practices and water resource protection requirements established under Minnesota Statutes, Chapter 103H. g \eng \diane \wetlands \exempts \holasekext 82ND STREET � N OTICE OF PU B LIC HEA RIN G PLANNING COMMISSION MEETING Wednesday, August 16, 1995 at 7:00 p.m. City Hall Council Chambers LYMAN B LVD _ 690 Coulter Drive — o m , ' N Project: Interim Use Permit for o e Grading/Earthwork a�oo— Developer: Holasek Greenhouse �jv3a�r�C,c Location: Suth of Lyman Boulevard'' (Co. Rd. 18) and west of Galpin Blvd. (Co. Rd. 19) Notice: You are invited to attend a public hearing about a development proposed in your area. The applicant, Holasek Greenhouse, has a request for an Interim Use Permit request for an "after the fact" grading /earthwork for 36,000 cubic yards of material located south of Lyman Boulevard (Co. Rd. 18) and west of Galpin Blvd. (Co. Rd. 19). What Happens at the Meeting The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. Questions or Comments If you want to see the plans before the meeting, 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 David at 937 - 1900, ext. 123. If you choose to submit written 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 public hearing has been published in the Chanhassen Villager on August 3, 1995. L Hans Hagen Homes & Merle & Jane Volk William & M. Nason Noel H. Lehrke Suite 300 2361 Stone Creek Dr. 2329 Boulder Road 241 Hillwind Dr. NE Chanhassen, MN 55317 Chanhassen, MN 55317 Fridley, MN 55432 S. Motlock Chad Gniffke Douglas S. Hipskind 2325 Boulder Road 2321 Boulder Road 2317 Boulder Road Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Stephen & M. Harf Thomas E. & Lisa J. McKenzie James & J. Larranaga 2305 Boulder Road 2322 Boulder Road 2318 Boulder Road Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Donald W. & Cathy Borgmann Scott & A. Weldon John R. Fischer 2308 Boulder Road 2292 Boulder Road 1820 Ridge Avenue Chanhassen, MN 55317 Chanhassen, MN 55317 Watertown, MN 55388 Charles W. Mattson City of Chaska J. Carver Agency 2870 Wheeler Street North 1 City Hall Plaza 11050 Windmill Court Rosevilleee, MN 55113 Chaska, MN 55318 Chaska, MN 55318 Minnetonka Inc. MK Properties Norback - Duemeland Inv. c/o Softsoap Enterprises, Inc. c/o Dart Distributions, Inc. 6620 West Shore Drive P.O. Box G 130 Columbia Court Edina, MN 55435 Chaska, MN 55318 Chaska, MN 55318 Lake Hazeltine Properties Chaska Investment LTD Preferred Products Inc. c/o Joseph H. Wyers Partnership Corp. Tax Dept. 322 Lake Hazeltine Drive 5201 73rd Street West P.O. Box 990 Chaska, MN 55318 Edina, MN 55435 Minneapolis, MN 55440 Chaska Investment, Co. Twin Cities & Western Railroad Quali -Tech Products, Inc. Wallingford Properties 2925 12th Street East 318 Lake Hazeltine Drive 5201 73rd Street West Glencoe, MN 55336 Chaska, MN 55318 Edina, MN 55435 State of MN in Trust 316 Lake Hazeltine Dt LTD Pt Lake Hazeltine Properties c/o Carver Co. Auditor c/o Robert P. Kult 335 Lake Hazeltine Drive 600 East Fourth Street 16600 Glendale Drive West Chaska, MN 55318 Chaska, MN 55318 New Berline, WI 53151 Glenn Pauls & Terri Pauls Chaska Watertower Mini Storage Willard Morton Family Limited Partnership 149 Jonathan Blvd. North 1100 Wills Place 5441 Zumbra Circle Chaska, MN 55318 Golden Valley, MN 55422 Excelsior, MN 55331 CARVER COUNTY ABSTRACT AND ` TITLE CO., INC. � It CARVER COUNTY (612) 448 -5570 201 Chestnut St. N. FAX (612) 448 -5155 ABSTRACT s TITLE. P.O. 106 Dale B. Kutter Chaska, MN 55318 David E. Moonen March 15, 1995 CITY OF CHANHASSE i MUM Remax Carriage House 332 2nd St JUL 2 4 1995 Excelsior, MN 55331 ATTN: Mike Meyer ENGINEERIN DEPT. ' According to the 1994 Tax Books in the Carver County Treasurers Office the following persons are listed as owners of the property within Carver County, ' Minnesota, which lies within 500 feet of the following described property: See Exhibit "A" Attached. 1. Hans Hagen Homes Inc & 9. James & J Larranaga Merle & Jane Volk 2318 Boulder Rd 241 Hillwind Dr NE Chanhassen, MN 55317 ' Suite 300 Fridley, MN 55432 10. Donald W & Cathy Borgmann 2308 Boulder Rd ' 2. William & M Nason Chanhassen, MN 55317 2361 Stone Creek Dr Chanhassen, MN 55317 11. Scott & A Weldon 2292 Boulder Rd 3. Noel H Lehrke Chanhassen, MN 55317 2329 Boulder Rd Chanhassen, MN 55317 12. John R Fischer ' 1820 Ridge Ave 4. S. Motlock Watertown, MN 55388 2325 Boulder Rd Chanhassen, MN 55317 13. Charles W Mattson 2870 Wheeler St N 5. Chad Gniffke Roseville, MN 55113 ' 2321 Boulder Rd Chanhassen, MN 55317 14. City of Chaska 1 City Hall Plaza 6. Douglas S Hipskind Chaska, MN 55318 ' 2317 Boulder Rd Chanhassen, MN 55317 15. J Carver Agency 11050 Windmill Ct 7. Stephen & M Harf Chaska, MN 55318 2305 Boulder Rd Chanhassen, MN 55317 16. Minnetonka Inc C/0 Softsoap Enterprises In( 8. Thomas E & Lisa J McKenzie PO Box G 2322 Boulder Rd Chaska, MN 55318 Chanhassen, MN 55317 CARVER COUNTY ABSTRACT AND TITLE CO., INC. CARVER COUNTY (612) 448 -5570 201 Chestnut St. N. FAX (612) 448 -5155 ABSTRACT S TITLE. P.O. Box 106 Dale B. Kutter Chaska, MN 55318 David E. Moonen 17. MK Properties 24. Quali -Tech Products Inc C/O Dart Distributions Inc 318 Lake Hazeltine Dr 130 Columbia ".Ct Chaska, MN 55318 Chaska, MN 55318 25. State of Minnesota in Tr u st 18. Norback - Duemeland Inv C/O Carver County Auditor 6620 West Shore Dr Edina, MN 55435 26. 316 Lake Hazeltine Dt LTD C/O Robert P Kult 19. Lake Hazeltine Properties 16600 Glendale Dr W C/O Joseph H Wyers New Berlin, WI 53151 322 Lake Hazeltine Dr Chaska, MN 55318 27. Lake Hazeltine Propertie 335 Lake Hazeltine Dr 20. Chaska Investment LTD Chaska, MN 55318 Partnership 5201 73rd St W 28. Glenn Pauls & Terri Paul Edina, MN 55435 Family Limited Partnersh 5441 Zumbra Cir 21. Preferred Products Inc Excelsior, MN 55331 Corp Tax Dept PO Box 990 29. Chaska Watertower Mini S Minneapolis, MN 55440 149 Jonathan Blvd N Chaska, MN 55318 22. Chaska Investment Co. Wallingford Properties 30. Willard Morton 5201 73rd St W 1100 Wills P1 Edina, MN 55435 Golden Valley, MN 55422 23. Twin Cities & Western Railroad 2925 12th St E Glencoe, MN 55336 rver County Abstract & Title Co., Inc. P, s This company does not assume any liability for the accuracy of this report. � ip � torz This company does not assume any liability for the accuracy of this report. EXHIBIT "A" The Northeast Quarter of Northeast Quarter (NEJ of NEJ) of Section 21, Township 116, Range 23; Also: Beginning at a point on South line of Northwest Quarter of Northwest Quarter of Section 22, Township 116, Range 23, which point is 3.60 chains West of the Southeast corner of said Northwest Quarter of Northwest Quarter, running thence North 22j West 17.18 chains; thence North 47} West 2 chains; thence North 7W West 8.60 chains to the Northwest corner of said Northwest Quarter of Northwest Quarter of said Section 22; thence South 20 chains to Southwest corner thereof; thence East 16.40 chains to place of beginning, situated in Northwest Quarter of Northwest Quarter (NWJ of NWJ) of Section 22, Township 116, Range 23, and containing 22.52 acres. Also: All that part of Government Lot One (1), Section 21, Township 116, Range 23, lying Northwesterly of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company. EXCEPTING from the two (2) tracts of land, hereinabove first described the following tracts and parcels of land, to -wit: All that part of the Northeast Quarter of Northeast Quarter (NEJ of NEJ) of Section 21, Township 116, Range 23, lying Southeasterly of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company and all that part of the Northwest Quarter of Northwest Quarter (NWJ of NWJ) of Section 22, Township 116, Range 23, lying Southeasterly of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company and Southwesterly of the Excelsior and Shakopee Road. AND The South one hundred (100) feet of the Southeast Quarter of the Southeast Quarter (SEJ of SEJ) of Section Sixteen (16), Township One Hundred Sixteen (116), Range Twenty three (23), Carver County, Minnesota, and That part of the Southwest Quarter of the Southwest Quarter (SWJ of SWJ) of Section Fifteen (15), Township One Hundred Sixteen (116) Range Twenty three (23), Carver County, Minnesota, described as follows: Commencing at the Southwest corner of said Section 15, and running thence East along the South line of said Section 15 a distance of 275 feet more or less to the centerline of County Road No. 117; thence Northwesterly along the said centerline of said County Road No. 117 a distance of 115.5 feet to the point of intersection with a line 100 feet distant and running parallel to the said South line of said Section 15; thence Westerly along said line running parallel to said South line of said Section 15, to the West line of said Section 15; thence South a distance of 100 feet along said West line of said Section 15, to the point of beginning. 111 Planning Commission Meeting - August 16, 1995 PUBLIC HEARING: HOLASEK GREENHOUSE FOR AN INTERIM USE PERMIT REQUEST FOR AN, "AFTER THE FACT" GRADING /EARTHWORK FOR 36,000 CUBIC YARDS OF, MATERIAL LOCATED SOUTH OF LYMAN BOULEVARD (CO. RD. 18) AND WEST OF GALPIN BLVD. (CO. RD. 19). Mike Meyer stepped off from the Planning Commission for this item due to a conflict of interest. Dave Hempel presented the staff report on this item Mancino: Any questions for staff? Okay. Does the applicant or their designee wish to address the Planning Commission? Earl Holasek: No, we do not. Mancino: Not at all, okay. This is open for, or may I have a motion to open this for a ' public hearing please. Peterson moved, Conrad seconded to open the public hearing. The public healing was opened. Mancino: Thant: you. This is open for public hearing.. Does anyone wish to address the p p � Y Planning Commission on this issue, as in the public hearing? Seeing none, may I have a ' motion to close the public hearing? Peterson moved, Con►ad seconded to close the public he ring. The public hea,ing was closed. Mancino: Thank you. Craig. Any comments? Questions. Peterson: No. I think it's pretty straight forward. I don't see any major issues. Mancino: Bob. Skubic: No, I don't have an issue with it. I tool: a drive by it and I didn't see anything out of the ordinary. I don't know what 36,000 cubic yards of fill really looks like but on that site it didn't loot: offensive at all. Mancino: Okay, Ladd. ?? Planning Commission Meeting - August 16, 1995 Conrad: I'd just like to ask the applicant why, knowing that you needed a permit, why you went ahead without the permit. Earl Holasek: The opportunity for receiving the type of fill that we were able to get came and went so fast that we did not have time to address the 45 day permitting process. So we went ahead with it anyway to get the... Mancino: Okay? A couple of questions that I have. Dave, on number 4. On page 5 of your conditions. The applicant shall reimburse the city for all costs incurred for the ' enforcement of this permit, including engineering and the attorney's fees. Do you have an idea what those, how much those costs total? Hempel: Not at this point, no I do not. Mancino: Okay. I would just, I think that that would b a suggestion for City Council to kind of pull those costs together to see what those are. is there anything that the city has, and I had highlighted the 45 days to receive approval. Is there any process that we have when something like this comes up to do it more quickly and legally, in less than 45 days? I mean Mr. Holasek had said, I've got a problem. It's right now. I can get it. Is there anyway that this can be shortcut? And was that asked? Hempel: Mr. Holasek did indicate, was there a way around the permitting process as well as the contractor did and based on the city ordinance, the way it's set up, there was no provision to expedite or waive the permitting process on this amount of earthwork. Aanenson: But there is different amounts that you can do administratively. Hempel: We're allowed to issue a permit administratively for filling up to 1,000 cubic yards of material. We can issue that basically within a day. When it exceeds 1,000 cubic yards, the interim use permit ordinance takes hold requiring the necessary Planning Commission approval and City Council. Aanenson: Can 1 just add to that? The reason for that is one, we want to know trucking routes and want to know if there's wetlands. Making sui e that those are, and that was our concern with this one too. There was a wetland there and we weren't sure of the status of that and what the impacts were and that's why when there's over a certain quantity, then we start looking at the bigger picture. Where it's going. Where it's coming from and making sure that there's erosion control. That's why there's the administrative one and when it's over a certain amount, tllat we do want to have control and go through the permitting process where you put the conditions on there, where there is some standards or conditions. 23 1 Planning Commission Meeting - August 16, 1995 Mancino: Thank you, that's helpful. Peterson: Give me a sense of a 1,000 cubic yards. Size of this room? Hempel: Approximately a tandem load dump truck carries approximately 10 to 12 cubic yards. So 1,000 yards would be just about 75 to 100 truck loads. In this case here, they used a belly dump. Mancino: It's 40,000 wasn't it? Hempel: Pardon me? Mancino: \ \'isn't it 40,000 in this case? Hempel: In this case it's 36,000 cubic yards but they did use larger trucks or the belly dump type. The haul route was actually pretty close. Most of the fill material did come from the city of Chaska, right there on the Jonathan Park I believe it was. It was a relatively short haul so they're able to really move it in a hurry. Mancino: Thank you. May I have a motion please? Skubic: I'll make a motion. That the Planning Commis ^ion recommend approval of Interim Use Permit 4"95 -3 for Holasek Greenhouses for the material that has been hauled in as shown on the plans prepared by William Engelhardt R Associates dated May 31, 1995, and subject to the following conditions I tliru 5. Peterson: Second. Nlancino: Thanl: you. Any discussion? Skubic moved, Peterson seconded that the Plaiuiing Commission recommend approval of Interim Use Pennit 995 -3 for Holasek Greenhouses for the material that has been hauled in as shown on (lie phuis pivpared by William Engelhaixit & Associates dated May 31, 1995, and subject to the following conditions: The applicant shall pay a grading permit fee in accordance with the Uniform Building Code, Appendix 70 -B, based on the amount of earthwork hauled into the site (36,000 cubic yards). The applicant shall be responsible for a grading permit fee of $319.50. Planning Commission Meeting - August 16, 1995 ' 2. The applicant shall complete and resubmit the signed Wetland Conservation Act certificate of exemption. 3. The interim use permit shall expire on October 15, 1995. All disturbed areas as a result of the filing shall be reseeded and mulched or employed in crops. The applicant shall supply the City with a financial escrow in the amount of $2,500. to guarantee restoration and compliance with conditions of this permit. 4. The applicant shall reimburse the City far all costs incurred for the enforcement of this permit including engineering and attorney fees. 5. The applicant shall hold the City and it's officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from permit approval or work done in conjunction with it. The applicant shall indemnify the city and it's officers and employees for all costs, damages, or expenses that the city may pay or incur in consequence with such claims, including attorney fees. All voted in favor :wd the motion canied. (Mike Meyer did not vote on this item.) ' PUBLIC HEARING: PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) APPROVAL TO REZONE 22.4 ACRES FRONI R12. HIGH DENSITY RESIDENTIAL TO PUD, PLANNED UNIT DEVELOPMENT: PRELIMINARY PLAT TO SUBDIVIDE 46.57 ACRES INTO 79 LOTS, ' 3 OUTLOTS AND ASSOCIATED RIGHT -OF -WAY; SITE PLAN REVIEW FOR 76 SINGLE FAMILY DETACHED ZERO LOT LINE HOMES ON 19.64 ACRES; AND A, WETLAND ALTERATION PERMIT AND WETLAND SETBACK ON PROPERTY LOCATED ON LAKE RILEY BOULEVARD, ON THE NORTH SIDE OF LAKE RILEY, NORTH BAY, ROTI'LUND COMPANY, INC. Public Pivsent: Name Craig Schmidt C Address William R. Engelhardt Associates Bob Genemus pivsented the staff report on this item. Mancino: Thant: you. Any questions for staff? 25