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1g CUP 1560 Bluff Creek RoadCiTY OF PC DATE: June 19, 2001 CC DATE: July 9, 2001 REVIEW DEADLINE: 7/23/01 CASE #: 01-4 CUP B y:A1-Jaff/I-Iaak/S aam:v STAFF REPORT PROPOSAL: LOCATION: Conditional Use Permit for the construction of two accessory buildings and a horse ring within the Secondary Bluff Creek Overlay District. 1560 Bluff Creek Road, Northwest of Bluff Creek Drive and south of Pioneer Trail. APPLICANT: John Klingelhutz 1560 Bluff Creek Road Chanhassen, MN 55317 (952) 448-3330 (952) 233-1597 PRESENT ACREAGE: 120 acres A-2, Agricultural Estate District DENSITY: 0.008 units per acre 2020 LAND USE PLAN: Residential Low Density (Net Density Range 1.2- 4 Units per Acre) SUMMARY OF REQUEST: The applicant is requesting a conditional use permit for the construction of two accessory buildings and a horse ring within the Secondary Bluff Creek Overlay District. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying conditional use permits, based on whether or not the prop6sal 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. ~:a'¢, (Hwy '/4' Klingelhutz June 19, 2001 Page 2 This staff report has been edited. New information will appear in bold and impertinent information is struck out. PROPOSAl. SI]MMARY The applicant is requesting a conditional use permit for the construction of two accessory buildings and a horse ring within the Secondary Bluff Creek Overlay District. The Bluff Creek Overlay District ordinance requires the following: Sec. 20-1554. Conditional use permits. A conditional use permit shall be issued by the city for all subdivisions, site plans, andprior the erection or alteration of any building or land within the BCO. The site is located northwest of Bluff Creek Drive, south of Pioneer Trail, and west of Bluff Creek Golf Course. It is zoned Agricultural Estate District. Access to the site is gained via Bluff Creek Drive. The site has an area of 120 acres. Sec. 20-1564. Structure setbacks. All strUctures shall be setback a minimum of forty (40)feet from the Primary Zone. No disturbance of the site shall occur within the first (20)feet of such setback. The proposed horse ring will maintain a distance of 40 feet from the primary zone with 20 feet of no disturbance from the edge of the primary zone. The barn, with an area of 20,280 square feet, is proposed to maintain a 140-foot setback from the primary zone. Sec. 20-1556. Impervious cover and slopes. To the greatest extent possible, all development shall minimize the amount of impervious surface by clustering development, using common access drives and utility corridors and minimizing building footprint size. Roads, walkway& bike trails, and parking areas must be designed parallel to natural contours with consideration to maintaining consolidated areas of natural topography and vegetation. Management of surface run-off caused by impervious cover shall be designed using practices delineated in the city's Best Management Practices Handbook. Within the Secondary Zone of the BCO district, areas with average slopes exceeding twen~_ -five (25} nercent shall be nreserved in their natural state and maintained as nermanent onen snace. Areas with average slopes less than twenty-five (25) percent but greater than ten (10) percent shall not exceed an impervious surface coverage of twenty-five (25) percent. Impervious coverage for areas where average slopes are less than ten (10) percent shall be governed by the underlying zonb~g district. The grading limits for the horse ring are proposed over areas with an average slope that does not Klingelhutz June 19, 2001 Page 3 In summary, with the incorporation of staff recommendations, the proposed conditional use permit meets ordinance requirements, and staff is recommending approval with conditions outlined in the staff report. GRADING Proposed site grading includes cutting down a large knoll along the north side of Bluff Creek Drive, flattening a steep slope for the horse ring, and leveling for each of the proposed building pads. All of the proposed grading is outside of the Bluff Creek overlay primary corridor but is within the secondary corridor. Care should be taken with the grading activity near the septic area. Construction equipment should not be operated over the septic area to avoid damaging the existing septic system. DRAINAGE The applicant has maintained the existing drainage patterns through the site. No storm sewer piping is proposed. A system of swales and overland flow will direct stormwater away from the proposed building. .... ~---exi ti g .... ~: ...... ~' ..... is -' ..... existing ---' ......... ~-" UIIU~I ~ ~ ~UIIUI[I~IID. lll~l~ ~1~ ~11 ~UlVGit UIIU~i DIUII ~ICG& ~IIV¢ WIII~II ..... 1- b .....:--J *- _1:___~___._ *1 ....... -1: ..... f .... i ...... ~1~ ~1 gll~ i~ ICC~IIIIII¢II~III~ tli~L applicant is proposing to should maintain a ~nimum 2% slope across all pervious areas on the site. This would will mini~ze the possibility of standing water on the site. EROSION CONTROl, Proposed erosion control consists of silt fence along the northeasterly comer and easterly sides of the site at the bottom of each slope. A wood fiber blanket mii is also be i-equil-ed shown over the steep slope on the east side of the proposed horse ring. CONDITIONA l r I ISE PERMIT Buildings and site alteration are permitted within the Secondary Zone of the Bluff Creek Overlay District as a conditional use. The following constitutes staff's review of this proposal against Klingelhutz June 19, 2001 Page 4 conditional use permit standards. GENERAL ISSUANCE STANDARDS le Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. FINDING - The site is zoned A-2. The proposed use will not create any significant or unexpected impacts with the incorporation of staff's conditions. e Will be consistent with the objectives of the city's comprehensive plan and this chapter. FINDING - The proposed use is consistent with the City Comprehensive Plan-. e 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 - The site is located in an Agricultural Estate District. A barn and a horse' ring are uses that are permitted within the district. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. FINDING - There will be no measurable impacts to the existing or planned neighboring uses. Se 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 - The site is located outside the Municipal Urban Service Area. The subject site utilizes an on site Individual Septic Treatment System. Access to the site is provided via Bluff Creek Drive. The site will be able to accommodate the proposed use. e Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. FINDING - Staff is not aware of any excessive requirements for public facilities. Klingelhutz June 19, 2001 Page 5 . 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 - This site will not create adverse impacts to persons, property or the general welfare of the area. The proposed use will comply with city ordinances. . Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. FINDING - The site is accessible from Bluff Creek Drive. The horse ring and the barn will be used as a private stable. Therefore, staff does not anticipate any heavy traffic. . Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. FINDING - The development of this site will not result in the loss of m'ry some features even with the incorporation of staff's conditions. 10. Will be aesthetically compatible with the area. FINDING - The proposed shed and horse barn will be compatible with the area. 11. Will not depreciate surrounding property values. FINDING - The use will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. FINDING - N/A. Based upon the foregoing findings, staff is recommending that the conditional use permit be approved with appropriate conditions. PI,ANNING COMM[q~qlON IIPDATE On June 19, 2001, the Planning Commission unanimously approved this application. Klingelhutz June 19, 2001 Page 6 RECOMIVIENDATION "The City Council approves Conditional Use Permit # 01-4 to allow construction within the Secondary Zone of Bluff Creek Overlay District in an A-2 District, for a barn, shed and a horse ring, as shown on the plans dated received May 21, June 20, 2001, subject to the following conditions: 2. The applicant enters into a conditional use permit agreement with the city. o All disturbed areas shall be revegetated with a combination of the native vegetation listed in the Maple-Basswood Forest and Mesic Oak Forest communities of Appendix C of the Bluff Creek Natural Resources Management Plan ("Bluff Creek Environmental Corridor Common Plant Species of Natural Communities"). 4. The applicant shall apply for a stable permit. 5 "' ......'-- itl g ..... ': .... ' ............ '---"- ~ ....... ' ...... C plet d ith i dpl · OllUW tillS; eX S i'~ tlUC lilll~; [ilar UIILUI3 LIII~: 51tC llUlll tile Ci:a.~t. om e w rev se an. . txuu a ~cgvJJU tu utc p~an Ulat uvtn~c~ u~v iiiaii~y- u~l~c~vnt vu~u~cu ~tJV~. o ete w revised plan. · ~uu t,~, ucm. mnat~x tO utv p~an umL was u~cu roi- u Jo site ~ut wy. Corn eted with revised plan. · ~.~IIUW tllU IU~.,lltIUII UI LIi~ ~UlV~IL {IlIU ll~/~lOy ~UlU-~UL UII UI I.}IUll ~IV~I~ L/liVe. Completed with revised plan. o.~,w ~l,C p~ot~o~cu .,,~.cu ,~,o~ ,~vv,,u. fo~- t.c ~,,,. ou,u,,,~, om eted with revised plan. Revise" ............~ .... ~: ...... -'"-:-- "-- existing [l~Ulli~ WILIilJi tiiC p~u~u~cu Completed with revised plan, revised plan. 12. All disturbed drainage swale areas on the site shall maintain a minimum 2% slope. I ~ ..... d £:1 .... 1-1 ~_-1--* --_:11 b ...... : -'- ] ...... tl- - -t ..... 1 ....... L1- -- ID. A WUUU llO¢l Ol~lllkCt Will ~ ICt.tUIICU UV~I tll~ ~)t~;~J ~,ut, c ,-,- ,,,c east Klingelhutz June 19, 2001 Page 7 hrrr'sen'ing~." Completed with revised plan. 14. Any importing or exporting of dirt will require a grading permit." ATTACHMF~NTS o o Application & Notice of Public Hearing and mailing list. Plans dated received May 21, June 20, 2001. Appendix C of the Bluff Creek Natural Resources Management Plan ("Bluff Creek Environmental Corridor Common Plant Species of Natural Communities") Planning Commission minutes dated June 19, 2001. g:\plan~saXklingelhutz-cup.doc CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION John Klinqelhutz ~DEE{ES~..I~60 Bluff Creek Road Chaskal MN 55318 r'Fll=P.HONE(Daytime) ( 952 ) 448-3330 OWNER: John Klingelhutz ADDRESS: 1560 Bluff Creek Road Chaska, MN 55318 TELEPHONE: (952) 233-1 597 Comprehensive Plan Amendment Conditional Use Permit Jnterkn Use Permit No~conforming Use Permit P~mned Unit Development* Rezoning Sign Permits .___. Sign PJan Review Site P~3n Review* Subdk, ision* Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment X. Grading Permit Notification Sign X... Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPRIVACNAR/WAP/Metes and Bounds, $400 Minor SUB) TOTAL FEE $ !.,~ ~ o~ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Bu~crmg material samples must be submitted with site plan reviews. "Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of Zransparency for each plan sheet. Escrow will be required for other applications through the development contract rl'F_-When multiple applications are processed, the appropriate fee shall be charged for each application. - ~CklF_b~%l~E Horse Ring 1560 Bluff Creek Road ~_EGALDESCR~ON See Survey ~DIALACREAGE 120 Acres PRESENT ~~2ON1NG AG ,YES X NO :RF..O~ZONING AG ]=R~SENT LAND USE DESIGNATION ::RtEQ~ lLANO USE DESIGNATION 3qEASON FOR THIS REQUEST Grading Permit -]'his 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 /3~er~ to determine the specific ordinance and procedural requirements applicable to your application. A deterrn]n~on of completeness of the application shall be made within ten business days of application submittal. A written .r~tice of ap. plicaIion deficiencies shall be mailed to the applicant within ten business days of application. -l'hiiais 1o certiTythat 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 applicat, ion should be processed in my name and I am the party whom 1.he 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 .th/s a~l~gtion a~ the fee owner has also signed this application. I 'w~"keep myseff informed of the deadlines for submission of material and the progress of this application. I further ~nderstand 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 ~ city ~erel:~ notifies the applicant that development review cannot be completed within 60 days due to public hearing ~'equirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review .e. zIe,'~oas are approved by the applicant. Receipt No. -J'he 3ppTic'a~! should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. 3f.ngt contacted, a copy of the report will be mailed to the applicant's address. NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JUNE 19, 2001 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Conditional Use Permit APPLICANT: John Klingelhutz LOCATION: 1560 Bluff Creek Drive NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, John Klingelhutz, is requesting a conditional use permit for construction of two accessory buildings and a horse ring within the Secondary Bluff Creek Oveday District. The site is located at 1560 Bluff Creek Drive. What Happens at the Meeting: The purpose of this public hearing 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 are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and 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 Sharmin at 937-1900 ext. 120. 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 June 7, 2001. MARY EDNA BRAUN 1545 BLUFF CREEK DR CHASKA MN 55318 HAROLD & MARY HESSE 1425 BLUb~ CREEK DR CHASKA MN 55318 ARTHUR B JOHNSON 17448 FRONDEL CT EDEN PRAIRIE MN 55347 CRAIG & GINNY VLAANDEREN 1450 WEST FARM RD CHASKA MN 55318 BLIYFF CREEK GOLF ASSOC 1025 CREEKWOOD DR CHASKA MN 55318 KENNETH O & JUDY M EIDE 1500 WEST FARM RD CHASKA MN 55318 PAUL & A SYMANITZ 1505 BLUFF CREEK DR CHASKA MN 55318 ROBERT R JR & MARY C FAFINSKI 8796 COTTONWOOD LN EDEN PRAIRIE MN 55347 JOHN KLINGELHUTZ 1560 BLUFF CREEK RD CHASKA MN 55318 THOMAS L & SANDRA K CARAVELLI 6423 MERE DR EDEN PRAIRIE MN 55346 SEVERIN H PETERSON & SHARON PETERSON 15900 FLYING CLOUD DR EDEN PRAIRIE MN 55344 BRADLEY S & HEIDI R MOE 14372 WESTRIDGE DR EDEN PRAIRIE MN 55347 JOHN KLINGELHUTZ 1560 BLUFF CREEK RD BRADLEY S & HEIDI R ]MOE 14372 WESTRID~JE*-Er~ ED.~.R&~ MN 55347 ALBERT & KAREN M DORWEILER 1565 BLUFF CREEK DR CHASKA MN 55318 MAXWELL F & JULIANE M TISCH 1600 HESSE FARM RD W CHASKA MN 55318 MICHAEL G & KATHY A ARNOLD 1400 HESSE FARM RD CHASKA MN 55318 JEFFREY A PODERGOIS 1620 WEST FARM RD CHASKA MN 55318 ROBERT G & JUDY STEFFES 1350 HESSE FARM RD CHASKA MN 55318 ~V?O'[ '93' ]0~ KLffiq~-FIUT'Z Appendix C -- Bluff Creel( Environmental Corridor Common Plant Species of Natural Communities Resource: Mir~nesota's ~;£. Crolx River Valley and ~lol<a Sandplain: ,~ Guide to Native Habitats; Minnesota Department of Natural Resources, Natural t-te[itacje Proczarn. CHANHASSEN PLANNING COMMISSION REGULAR MEETING JUNE 19, 2001 Chairwoman Blackowiak called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Alison Blackowiak, LuAnn Sidney, Uli Sacchet and Rich Slagle MEMBERS ABSENT: Craig Claybaugh, Bruce Feik, and Deb Kind STAFF PRESENT: Sharmin A1-Jaff, Senior Planner and Matt Saam, Project Engineer PUBLIC PRESENT FOR ALL ITEMS: Deb Lloyd 7302 Laredo Drive PUBLIC HEARING: REOUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF TWO ACCESSORY BUILDINGS AND A HORSE RING WITHIN THE SECONDARY BLUFF. CREEK OVERLAY DISTRICT. THE SITE IS LOCATED AT 1560 BLUFF CREEK DRIVE~ JOHN KLINGELHUTZ. Sharmin AI-Jaff and Matt Saam presented the staff report on this item. Blackowiak: Thank you. Are there any questions of staff?. Sacchet: Yeah, I do have some questions Madam Chair. Blackowiak: Sure, go ahead. Sacchet: First of all, I like clarification of on the blueprint, there is one line labeled Bluff Creek 200 foot primary zone, and then there's another line labeled Bluff Creek Overlay primary. A1-Jaff: The 200 foot was a line that the applicant, this is the line you're referring to. Sacchet: Yep. A1-Jaff: You can disregard it. The applicant just wanted to demonstrate that they are 200 feet away from Bluff Creek. Sacchet: So the relevant one is the overlay primary line. Al-Jaff: That's correct. Sacchet: That is the one that by ordinance is relevant? AI-Jaff: That's correct. Planning Commission Meeting - June 19, 2001 Sacchet: Okay, okay. That's one of my questions. Then when you said, you made a point that the grading should not be more than 25% slope. A1-Jaff: Correct. Sacchet: Do we know for a fact that I guess the grade just southwest of the horse ring is where potentially we have 25% or more. Did they ever actually, with the current plan are we exceeding the 25%? A1-Jaff.' We tried to measure it. We think it's borderline. The applicant is going to submit detailed surveys showing the exact slope of that area. Sacchet: It is pretty steep around there, but it seems to get even more steep through the grade so that's something that you're very fine. A1-Jaff: We're working with the applicant on it. Sacchet: And when you said it will be shifting to the south, that would be to avoid that 25%? Al-Jarl: That's correct. Sacchet: Now shifting to the south, that would be shifting down so there'd be a little more room, okay. Would then also the barn shift with it or? A1-Jaff: I think they would have to do that to accommodate the horse ring. Sacchet: ...do you have in your recommendation do you have an idea much it would need to shift? Al-Jaff: We think that it will be approximately outside the tree line that's shown on the plans, and I'll point that out. Here's the tree line. It might be a little bit within the tree line. Or maybe completely outside it. Sacchet: So that will be an additional benefit potentially that it would be less cut into the trees. Okay. Okay. In terms of the grading, this amount of grading is acceptable within the secondary Bluff Creek watershed? I mean it' s, when I looked at the amount of grading it seems pretty significant. I mean in some cases like 10 feet or certainly approximately 10 feet. And it's basically taking one hill and moving it around. Is that within the tolerance of the second Bluff Creek framework? Al-Jaff: As long as the grades are below 25%. Sacchet: That's the criteria on that ordinance determines? A1-Jaff: That's the criteria. Sacchet: Okay. Do we know whether, maybe that's more a question for the applicant. Whether there is enough fill between the hill and all the areas that get built up. That's probably more of a question for you Matt. Planning Commission Meeting - June 19, 2001 Saam: Yeah, Uli I have not received any soil quantity information from the applicant' s engineer as of yet so we can't really answer that question as to the amount of fill required or how it will affect the city. Sacchet: Okay. Is there, it seems it appears on the blueprint that there' s a little bit of overlap with the grading into the septic area. Is that significant enough to be an issue or? Saam: Yeah, I just mentioned it in the staff report. It's a good idea not to drive any construction equipment over the septic area. Those pipes are plastic and they're not meant to take loads over them so that's why it was brought up in the staff report. I would recommend no grading in the septic area. Sacchet: Is it something that from a city point is required or is it up to the applicant? Saarm Oh no, no. Sacchet: If his pipes break it's his responsibility? Saam: Yep, exactly. · Sacchet: Okay. The drainage swale that flows to the north, I assume that's that area that gets kind of. filled in where it's a little bit of a valley shape. Saarm That area to the south there? South of the small building? Sacchet: Yes, south of the small building. And that's the part that you were referring to that you want to understand more the drainage patterns? Saam: Yep. Sacchet: Whether it drains north there or more to the northeast I guess that would be. Saam: Exactly. Upon visiting the site I had just some questions as to how it will drain after, or with this proposed grading so that's something I'll have to work out with the engineer and it is a condition in the staff report. Sacchet: And then the silt fence, I'm not quite sure where it starts and where it ends. It seems to be kind of coinciding. Saam: That's another good point. That's why we put a condition in there to put a legend on the plan explaining all these different lines. It's confusing to us too. If you look just off the eastern low line of the proposed grading off of that horse ring, there is some silt fence called out there and I think it's supposed to be that one of those pink lines in there, but we'll need a little more definition. Sacchet: Actually there it's relatively understandable. It's probably that line that curves up and goes pretty much on grade. Yeah, I think we could clarify where those silt fence lines are. Let's see, no that's the questions I have. Just one more question. On the blueprint, I don't know if you can answer that or the applicant. On the blueprint there are those parallel lines between the two structures. Two barns. Like one line goes through the middle of the big barn south and then there' s 3 parallel lines going north. Saam: The black colored lines? Planning Commission Meeting - June 19, 2001 Sacchet: They're all black on my blueprint so the color coding. Saam: Yeah, again that's something I'm not sure what that is. Maybe the applicant. Sacchet: Ask the applicant? Saam: Yeah. Sacchet: Okay, that's my questions. Thank you. Blackowiak: Okay, thank you. Commissioners, just a moment. I'd like to tell our newest audience members. We are on item number 3 for the public hearing of the Klingelhutz conditional use permit. Items 1 and 2 have been rescheduled to July 17th so if you're here for either of those items, you'll have to go and come back on the 17th. Otherwise you're here for the right now. So I'm sorry, go ahead. Do you want to go LuAnn? Questions? Sidney: Yes. I guess just maybe a comment. Uli asked all the questions that I had which is just fine. But I guess I would like to make a comment and I guess one of my questions had tO do with giving more direction to the applicant about the location of the horse ring and you answered that about it should be brought south past the, by the tree line further away and I guess I would like to make a comment that in doing so with the applicant that the intent of the ordinance is that within the secondary zone areas with average slopes exceeding 25% shall be preserved and the natural state maintained as permanent open space, and I guess I'm concerned that we don't grade too close. We need to have a good buffer between any disturbed areas of grading and whatever the secondary zone is to minimize that so, if we can understand how much may be needed outside of the horse ring, it's proper. You know what might be disturbed in the grading to work with the applicant to minimize that. Blackowiak: Rich, questions? No. I think I have just a couple questions of staff. Maybe just one. The 25% average slope figure has been talked about. Do any of these slopes near the 30%? I know that's our bluff ordinance. Is that correct, 30% on bluff?. A1-Jaff: 30% is bluff. Blackowiak: Okay, so we're not even close to that. We don't have to worry about that at this point. We're very close to 25, is that what I'm hearing? Al-Jarl.- Yes. Blackowiak: Okay. Alright, well I just wanted to clarify that. Stating that, will the applicant or their designee like to come forward and make a presentation? Please state your name and address for the record. John Klingelhutz: John Klingelhutz, 1560 Bluff Creek Road. This afternoon, because of this 25%, I had my surveyor or engineer actually give me a grade of what is actually out there when he did the topographical map and it's 22.2%. So I don't believe that we need to move that ring. I mean it's within the ordinance at 22.2%. Planning Commission Meeting - June 19, 2001 Blackowiak: Yeah, if it' s at 22.2, yes. Okay, well that would be something that you could discuss with staff after this meeting but I think it's just a concern. John Klingelhutz: The other thing that I want to comment on, and that is the type of grasses to be planted. I want to have it a yard. I want to be able to manicure it. I don't want prickly ash and all those things in them. I want to plan good trees. I want to get rid of all the elms and the boxelders and the weeds. I don't want that. Blackowiak: Okay. John Klingelhutz: I mean if you come and look at my yard you see that it's manicured and that's what we want this to be too. Blackowiak: Okay. Well I understand that. Axe there any trees on the list of the approved tree list that would work for you or, I mean have you looked at that a little bit or are you just? John Klingelhutz: Well the oaks and all that, that's fine but I'm talking about the other things that are in this list that it's the wild stuff. I don't want it to be wild. Blackowiak: Right. Well I think that that's something that you could work with staff on to address issues that you have with that and find something that's going to work for you both because I think these are suggestions. I don't think you are, Sharmin correct me if I'm wrong, he doesn't have to put all of these in. These are some suggested options that would be encouraged in that area. AI-Jaff: We wanted to stay with native species to the Bluff Creek Overlay District and those are the options that are available to the applicant. Blackowiak: So is there anything that it has a more manicured look that he's looking for? I mean I guess I don't know the types of trees and grasses that well but. A1-Jaff.' We can work with the applicant to find. Blackowiak: Find something that would be acceptable to both parties. A1-Jaff: Within the list. John Klingelhutz: The other thing in terms of the grading and the water runoff, after a rain fight now there's, in the pasture there's probably 3 feet of water at times until the tile system takes it away. It doesn't really run this way. It actually runs more to the south. Blackowiak: Okay, could you show us on the maps? She's zooming in on that so. John Klingelhutz: I need to get my bearings here. The water actually comes, it sets in here and it actually runs this way after... Blackowiak: Okay, so kind of up to the east is what you're showing? Would that be to the east? John Klingelhutz: Yeah, to the east. See at one point I would have liked to have it going that way but, I mean that's not impossible. We have to...but I'm not sure we want it to go that way. Because now it Planning Commission Meeting - June 19, 2001 comes off of this, this is a large hill right here. And it runs down this way and it ponds here and after a while it soaks away in a day and it actually ends up here. Blackowiak: Okay. ! think that' s again something that you can work with staff on and it sounds like that's not totally defined yet either. Is that correct Matt? Saam: Yep, we'll be able to work with him. We're fine with that. Blackowiak: Alrighty. John Klingelhutz: Okay. Sacchet: Can I ask some questions from the applicant? Blackowiak: Certainly. Do you have anything else you'd like to add right now or? John Klingelhutz: Not really other than there's a lot of dirt to take and there's 120 acres. Blackowiak: Yeah, that's a big spot. John Klingelhutz: And this hill right here, I mean that can come down 20 feet. Sacchet: So you, that's actually one of the questions I have. So you think you have enough dirt by taking that hill down and you can move, shift things around so you. John Klingelhutz: I'm not saying we can't move things around. I'm just saying that I'd like to keep it as close to what I have here as possible because it's close to the house and at that point when my little kids are riding horses, somebody can be keeping an eye on them. Sacchet: Yeah my question is, in terms of moving dirt to fill, like you take the hill down. Is the idea that you have the dirt from the hill pretty much still left to fill where you need fill? John Klingelhutz: Right. Sacchet: That's your general approach? John Klingelhutz: Right. And I'd like to take this hill down because it's too high. I mean fight now I have a tough time even cutting grass on it and part of it's in the pasture and you can't even drive a tractor on it. Sacchet: Because it's so steep. John Klingelhutz: Because it's so steep. Sacchet: Okay, okay. The idea of cutting less into the trees, what it looks like with the grade, it sounds like you're okay based on your latest finding. The idea of cutting less into the trees is not something attractive to you. John Klingelhutz: I want to replace the trees that are there. Planning Commission Meeting -June 19, 2001 Sacchet: Yeah, I'm sure you're going to build it up and make it look real nice. Those lines that I didn't understand between the two barns, like there's one line going through the center of the big barn. It goes outside of the barn to the south. I mean of these three parallel lines coming out of the small barn, do you know what those are? John Klingelhutz: No I don't. Sacchet: Okay. And then there was the recommendation from staff to try to maintain like a 2% slope. Making sure it's sloped every little bit. Is that something that makes sense to you? John Klingelhutz: I want that too. Sacchet: You don't have an issue with that? John Klingelhutz: No. Sa¢chet: Okay. I think that's all the questions I have from you, thank you. John Klingelhutz: Okay. Blackowiak: Commissioners, any other questions of the applicant? Rich? No? I don't have anything either. Thank you. John Klingelhutz: Thank you. Blackowiak: This item is open for public hearing so if there's anybody who would like to ask questions or comment on this item, please come up to the podium and state your name and address for the record. Okay, seeing no one we will. Oh, Debbie would you? I don't think so. Debbie Lloyd: I don't know what item we're on. Blackowiak: Okay, I'm sorry. We're on item number 3. Debbie Lloyd: I left. Thank you. Blackowiak: Alrighty. Did you want to say anything about this item? Debbie Lloyd: No thanks. Blackowiak: Okay. Just checking. Alright, so then I will close the public hearing. Commissioners, it's time to make any comments that you have. Rich, would you like to start this evening? $1agle: Sure. First of all you have a beautiful property. We drive by all the time and just think the world of it. I had a concern but I think John has addressed it regarding the trees. When I first saw this my thought was, you know why isn't it a little bit further south to avoid the trees but now hearing from him I understand why. The grading, if it's 22.2, which I'm sure engineering and staff will confirm, I don't have on that slope, I don't have a problem with that. I really don't have any issues with this. Planning Commission Meeting - June 19, 2001 Blackowiak: Okay. Uli, any comments? Sacchet: A few comments. I do think this is a great project overall. I'm envious of you. I do believe that it's important to make sure that we minimize the slope of the grading and try to preserve trees but that can be done in different ways and that's basically your responsibility it looks like in terms of the city framework once we confirm that it's a bit less than the 25%. It's basically in your hands. And you're the steward of that place so that's where it's at. I do have two comments. One is to finding number 9 in the staff report. It says the development of this site will not result in the loss of any features which incorporation of staff' s condition. I would like that reworded to say, the development of this site will result in loss of some features even with incorporation of staff conditions because I think introducing that steeper slope and cutting into the trees is having some impact. I don't think it's prohibitive. Again that's in the applicant's hands. And then I would also like to be affirmative in the condition number 1 where it says the applicant adjust the grading limits by shifting the horse ring to the south so there will be no slopes with grades that exceed 25%. Apparently that's already the case but avoiding the slope of 25% seems not quite specific enough. That's my two comments. Blackowiak: Okay. LuAnn, any comments? Sidney: Well, you discussed the points I think that need fine tuning and I think it's a very nice project and make for a lovely piece of property when it's finished. Blackowiak: Okay, and I pretty much agree with what my fellow commissioners have said. I believe that with the conditions that staff has incorporated, that we will be really kind of making sure that we get what is best for the site. That the grades don't exceed 25% so that re-vegetation can be worked out with the applicant and staff so there' s a nice mix and he can kind of get what he' s looking for. The only condition that I would add, and this may not even be necessary if he does have enough fill on site but I think that we should add that, and I don't want to say standard but the engineering. Any import/export of fill requires appropriate permits. So if and when that happens, if there has to be fill brought in or taken off site, that the applicant would be required to get any appropriate permits and that's just a fairly standard condition so with the addition of that, and I agree with your finding number 9 Uli. That we can just say that it will result in the loss of some features. And that is, or maybe minimal loss. I don't know. I understand what you're saying but. Sacchet: I mean it's also the grading aspect which is fairly significant. Blackowiak: Right. But again I think that this fits within what is there, and I agree with what you're saying so. With that I would like to have somebody make a motion please. Sacchet: Madam Chair I would like to make a motion that the Planning Commission recommends approval to Conditional Use Permit #014 to allow construction within the secondary Bluff Creek Overlay District in an A2 District for a barn, shed and a horse ring, as shown on the plans dated Received May 21, 2001, subject to the following conditions 1 through 13. And I'd like to reword condition number 1 to read, the applicant shall adjust the grading limits if exceeding, if they exceed 25% by shifting the horse ring to the south so that there will be no slopes that exceed 25%. And add a condition number 14 with the standard language of permits being required for importing/exporting fill. Blackowiak: Alright. Okay, we have a motion. Is there a second? Sidney: Second.