1i. Request for interim use permit to grade stie in preparation for development PC DATE: 10/20/93 / •
C ITY OF
11/8/93
CH�ANH�SSE CC .
' C A S DATE: E #. 93 -2 lUP
��
By Generous :v
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STAFF REPORT
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1 PROPOSAL: Request for Interim Use Permit to grade site in preparation for
development.
1. LOCATION: North of West 78th Street between Kerber Boulevard and Powers
1 Z Boulevard Won by City Administrator
Q kndorsrd ✓ .bW f k
' V APPLICANT: T. F. James Company Modified
zo 6640 Shady Oak Road, Suite 500 Nemo
Eden Prairie, MN 55344 DetP 1/— - y3 .
a. I a. note Submitted to Commission
Q Dete Submitted to C
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I PRESENT ZONING: BG, General Business
1 ACREAGE: 18 acres more or less
ADJACENT ZONING
1 AND LAND USE: N - R -12, High Density Residential; proposed Oak Ponds
Townhouse development
S - BG, General Business; Target Store
E - OI, Office & Institutional; City Hall
Q W - R -12, High Density Residential
1 El. WATER AND SEWER: Available to site
PHYSICAL CHARACTER: The property slopes from the north and northeast to the
I W south and west. The western thirty (30) percent of the
site was previously rough graded in anticipation of
commercial development. A steep slope exists and will
U) be maintained to separate this property from the property
to the north. An abandoned farmstead exists on the
I eastern third of the site.
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T. F. James IUP
October 20, 1993
1 Page 2
INTERIM USE PERMIT/ GRADING PERMIT
J PROPOSAL SUMMARY
The applicant is seeking an interim use permit to allow site grading to begin on the site this
fall prior to obtaining final development plan approvals. Staff believes the request is
reasonable. The grading being proposed by the developer is consistent with virtually any
reasonable commercial use of the site. A rough grading plan has been submitted as part of
the overall development plans. In the near future, the applicant will be presenting to the City
a development plan to include a possible grocery store as well as other commercial uses.
According to the applicant, approximately 100,000 yards of excavation will be involved as
part of the overall grading operation. Of this amount, approximately 40,000 cubic yards of
excess material will be removed from the site. This excess will be stored on -site until the
spring- summer of 1994. Until then, a soil stock piling location has been indicated on the
grading plan submittal. Grading shall be completed during the summer of 1994.
1 The applicant has indicated that the haul route will make use of West 78th and Kerber
Boulevard. Hauling through the downtown area shall be prohibited. Construction vehicles
shall access the site at approved rock construction entrances only. The applicant will be
responsible for maintaining hauling routes, cleaning of dirt, etc. Working hours will be
limited to 7:00 a.m. to 6:00 p.m., Monday through Saturday, with no work occurring on
1 holidays.
The site contains a small depression that staff believes is not a protected wetland. While it
has wetland characteristics, available information indicates that it was created for storm water
purposes and is therefore exempt. Under state and city law, however, we are awaiting a
1 determination from the U. S. Army Corps of Engineers.
An administrative fee and a letter of credit will be required prior to issuing a notice to
proceed on the rough grading operation. The purpose of securing the grading permit as a
separate process is to expedite development of the site once final approval is secured. The
request meets the intent and standards of the code and we are recommending it be approved
with appropriate conditions.
BACKGROUND /ANALYSIS
In November 1986, this property was approved for a mixed use subdivision (West Village
Heights 2nd) including five commercial lots, one multi- family lot, and the realigned right-of-
way for West 78th Street. In addition, this property was rezoned from R -la, Agricultural
Residence, to C -3, Service Commercial, and R -4, High Density Residential. In 1987, the
southern five lots were rezoned to BG, General Business District, as part of the revisions to
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T. F. James IUP 1
October 20, 1993
Page 3
the Zoning Ordinance. Prior to the redevelopment of the downtown and the finalization of
the West 78th alignment, the western portion of the site was rough graded in anticipation of a
PDQ center. This center and other commercial uses were never built, although all of the
residential acreage has either been developed or is currently being built out. The West 78th
Street alignment was modified and a revised road section employed concurrent with the 1
approval of Target. Roadway improvements are nearing completion.
WETLANDS AND PROPOSED ALTERATIONS
The property contains a depression that could be defined as a wetland that would be filled as
a consequence of the project. The following is a brief description of the wetland on site:
Basin A - Basin A is located in the south central area of the site at an elevation of
approximately 956 feet. The wetland is classified as a semi - permanently flooded palustrine
emergent wetland (Cowardin PEMF; Circular 39 Type 4 inland deep fresh marsh). The City
of Chanhassen's wetland biologist classified this basin as an agricultural/urban wetland,
however, a review of the history of the pond indicates that it was created when West 78th
Street was constructed for stormwater holding purposes. The records show that this was not a
mitigation site for other wetlands filling in the area, but was created for the specific purpose
of stormwater retention. The basin is approximately 0.5 acre.
Permit Requirements 1
The City of Chanhassen will be reviewing the proposed project to ensure compliance with the
Wetland Conservation Act (WCA) of 1991. Based upon currently available information, we
do not believe it is a wetland of any significance, nor do we believe it is protected by city
ordinance or state law. In this case, it appears that under the WCA exemptions, this wetland
will not require mitigation. The WCA states that a replacement plan for wetlands is not
required for impoundments or excavations constructed in non - wetlands solely for the purpose
of effluent treatment, stormwater retention, soil and water conservation practices, and water
retention, soil and water conservation practices, and water quality improvements, and not as
part of a compensatory wetland mitigation process that may, over time, take on wetland
characteristics (WCA; Exemption 10).
The Corps has jurisdiction over "waters of the United States within the section 404 permit
rP jurisdiction P
program." In general, the rules say that they do not consider the "artificial lakes or ponds
created by excavating and/or diking dry land to collect and retain water and which are used
exclusively for such purposes as stock water, irrigation, settling basins, or rice growing" to be
"waters of the United States ". However, the Corps reserves the right on a case -by -case basis
to determine that a particular waterbody within this category of water is a "water of the
United States." The Environmental Protection Agency (EPA) also has the right to determine
on a case -by -case basis if any of these waters are "waters of the United States" since they
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1 T. F. James IUP
October 20, 1993
1 Page 4
have jurisdiction over the Section 401 permit program for water quality. (The nationwide
permits include Section 401 permit approval.)
If the Corps determines that a permit is necessary, the applicant will have to satisfy the Corps
that impacts have been avoided and minimized to the extent possible or that compensatory
mitigation for all remaining impacts are designed and incorporated into the plat.
Compensation must be in the form of wetland restoration or creation. With the current plans,
the applicant may need to create at least 0.5 acre of replacement wetland of equal or greater
value than those lost due to the project.
If the wetland is considered a "water of the United States" by the Corps, the project may have
to meet the requirements for the City's Wetland Ordinance. This includes establishing
wetland boundaries, buffer strips and proposed setbacks as stated in the City's Wetland
1 Ordinance.
Mitigation
If mitigation was to be required by the Army Corps of Engineers, we do not believe attempts
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should be made to preserve the wetland on site. It is simply too small and poorly located to
' be able to maintain it as a viable wetland.
We hope to be able to provide additional information on the Corps determination at the
Planning Commission meeting. Unfortunately, wetland protection has become highly
complex involving numerous agencies. Until the administrative problems are resolved, these
problems are likely to continue.
SITE GRADING AND DRAINAGE
1 The plans propose a number of temporary stormwater sediment basins to retain sediments
prior to discharging into the West 78th Street storm sewer system. Staff will require that the
applicant design the temporary sediments basins in accordance with the City's Best
Management Practice Handbook.
The site currently contains two field entrances from West 78th Street. The plans propose two
new construction entrances to the site. One from West 78th Street and the other from Kerber
Boulevard. Staff recommends that the two existing field entrances be eliminated in
conjunction with the site grading to restrict access to the two designated points where rock
construction entrances are proposed.
The plans propose the entire site to be graded at one time. Staff recommends the applicant
work with staff in preparing approved haul routes to and from the site.
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T. F. James IUP
October 20, 1993
Page 5 1
The site does contain an existing farm with accessory buildings. These buildings will have to
be razed and the appropriate permits shall be applied for at the City's Building Department. 1
In addition, it is most likely the site contains existing well and septic system(s) and, again,
both of these shall be properly abandoned in accordance with City or State health codes. The
plans propose a two -tier retaining wall on the north slope of the site. These retaining walls
will require building permits from the City's Public Safety Department.
Staff has typically found in most of these agricultural areas that field tile was installed many 1
years ago. Due to the mass amount of earth moving, it is most likely drainage tiles will be
encountered. It has been the City's policy when these drainage tiles are encountered, that the
applicant be responsible for reconnecting these drainage systems to the City's storm sewer
system or relocating them to a ponding basin. •
Erosion Control 1
The plans propose for an erosion control filter fence (Type I silt fence) along the downstream
perimeter of the site. In accordance to the City's Best Management Practice Handbook, the
size of this site grading may warrant additional silt fence partway up the slopes. Upon
completion of the site grading, staff recommends that another row of silt fence be employed
approximately 150 feet north of West 78th Street over the easterly one -half of the site.
FINDINGS
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The standards for an interim use permit are as follows:
1. It meets the standards of a conditional use permit set forth in Section 20 -232 of the
City Code.
2. It conforms to the zoning regulations.
3. The use is allowed as an interim use in the district.
4. The date of the event will terminate. The use can be identified with certainty.
5. The use will not impose additional costs on the public if necessary for the public to
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take the property in the future.
6. The user agrees to any condition that the city deems appropriate for the permission of
the use.
The general issuance standards of the conditional use Section 20 -232, include the following
12 items: 1
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T. F. James IUP
October 20, 1993
Page 6
1. Will not be detrimental to or enhance the public health, safety, comfort, convenience
or general welfare of the neighborhood or the city.
Finding: With the appropriate controls as recommended by staff, the issuance of
the interim use permit shall have minimal health, safety and welfare impacts on
the neighborhood and community.
2. Will be consistent with the objectives of the city's comprehensive plan and this
chapter.
Finding: The preparatory site grading furthers the City's goal of creating a
vibrant and healthy downtown area for residents of the community. The grading
supports the approved use of the site.
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: The grading being proposed by the developer is consistent with virtually
any reasonable commercial use of the site. While the grading of the site will
physically alter the appearance of the area, the ultimate development of the site
will be compatible with the build out character of the area.
4. Will not be hazardous or disturbing to existing or planned neighboring g g P g g uses.
Finding: With the appropriate controls as recommended by staff, the issuance of
the interim use permit to grade the site shall have minimal impacts on the
neighborhood and community.
5. Will be served adequately by essential public facilities and services, including streets,
1 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: This property is located in the heart of the community and is
adequately served by all appropriate services and facilities.
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 ultimate development of the site as a commercial use has been
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T. F. James IUP
October 20, 1993
Page 9
agencies such as the Watershed District, Army Corps of Engineers, etc. 1
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5. All draintiles encountered upon grading shall be reconnected or relocated to discharge
into the City's storm sewer system.
6. The two existing farm access driveways shall be eliminated upon construction of the
new site entrances off of Kerber Boulevard and West 78th Street.
7. The applicant will be required to apply and possibly obtain building p ermits for the !
retaining walls proposed along the north slope of the property.
8. Upon completion of site grading, an additional row of Type I silt fence shall be
installed approximately 150 feet north of West 78th Street over the easterly one half of ,
the site.
9. The applicant shall pay grading fees in accordance to the Uniform Building Code,
Table 70 -B (Attachment No. 1).
10. The applicant shall enter into a grading permit with the City and provide the necessary
financial security in the amount of $32,000.00 to guarantee compliance with the terms 1
of approval for site grading.
11. If material is to be hauled to or from the site, the applicant shall submit to City staff, 1
designated haul routes for approval prior to hauling activities.
12. Construction trucks and vehicles shall access the site at approved rock construction I
entrances only. The applicant will be required to maintain haul route clean of dirt and
mud, etc. Any damage to streets, curb or other public facilities shall be repaired by
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the applicant.
13. Working hours for the grading operation will be limited to 7:00 a.m. to 6:00 p.m.,
Monday through Saturday with no work occurring on holidays.
14. The applicant shall submit an administrative fee and letter of credit prior to
commencement of grading operations.
15. Applicant shall obtain demolition permits) from the Inspection Division for all
buildings on the site prior to their demolition.
16. A well abandonment record shall be submitted to the Inspection Division prior to i
commencement of grading.
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T. F. James IUP
October 20, 1993
1 Page 10
17. An on site sewage treatment permit shall be obtained from the Inspection Division to
1 pump and demolish septic tanks prior to their demolition."
ATTACHMENTS
1. Memo from Dave Hempel and Diane Desotelle dated October 12, 1993.
2. Memo from Steve Kirchman dated October 4, 1993.
3. Letter from Carver County Engineer dated September 30, 1993.
4. Letter from applicant dated September 24, 1993.
5. Application.
6. Public hearing notice and property owners.
7. Memo from Diane Desotelle dated October 18, 1993
8. Planning Commission minutes dated October 20, 1993.
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CITYOF
toir,
0
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 1
MEMORANDUM
TO: Bob Generous, Planning II
FROM: Dave Hempel, Assistant City Engineer /-(10
1
Diane Desotelle, Water Resources Coordinatoi7
DATE: October 12, 1993 I
SUBJ: Interim Use Permit for site preparation at NW corner of W. 78th Street &
Kerber Boulevard - T. F. James Company
93 -2 IUP, Grading Permit No. 93-10
1
Upon review of the plans dated September 24, 1993, prepared by James R. Hill, we offer the
following comments and recommendations: 1
Wetlands and Proposed Alterations
The property contains a wetland that would be filled as a consequence of the project. The
following is a brief description of the wetland on site:
Basin A - Basin A is located in the south central area of the site at an elevation of approximately
956 feet. The wetland is classified as a semi - permanently flooded palustrine emergent wetland
(Cowardin PEMF; Circular 39 Type 4 inland deep fresh marsh). The City of Chanhassen's
wetland biologist classified this basin as an agricultural/urban wetland, however, a review of the
history of the pond indicates that it was created when West 78th Street was constructed for
stormwater holding purposes. The records show that this was not a mitigation site for other
wetlands filling in the area, but was created for the specific purpose of stormwater retention. The
basin is approximately 0.5 acre. This wetland will be filled as a result of the proposed grading
plan. I
Permit Requirements 1
Minnesota Department of Natural Resources (MDNR) it
The wetland on the project site is not shown on the MDNR Protected Water Inventory; thus, none
of the proposed wetland fills would require a permit from the MDNR.
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Bob Generous
October 12, 1993
Page 2
U.S. Army Corps of Engineers
The wetland on the project site is within the ermittin jurisdiction of the Corps P g J rp under Section
404 of the Clean Water Act. This basin is considered isolated for purposes of Corps permitting
regulations. The Corps has issued a nationwide Section 404 permit for up to a half acre of fill
in isolated wetlands without notification to the Corps and between a half acre and three acres in
such basins with predischarge notification ((see 33 CFR 330.5 (a)(26)(ii)). The proposed amount
of fill is approximately 0.5 acre, and therefore, the project will require a predischarge notification.
For impacts to areas between a half acre and three acres, the Corps requires that the applicant
demonstrate that the impact cannot be avoided or minimized before considering compensatory
mitigation.
The Corps has jurisdiction over "waters of the United States within the section 404 permit
program. In general, the rules say that they do not consider the "artificial lakes or ponds created
by excavating and/or diking dry land to collect and retain water and which are used exclusively
for such purposes as stock water, irrigation, settling basins, or rice growing" to be "waters of the
United States ". However, the Corps reserves the right on a case -by -case basis to determine that
a particular waterbody within this category of water is a "water of the United States ". The
Environmental Protection Agency (EPA) also has the right to determine on a case -by -case basis
if any of these waters are "waters of the United States" since they have jurisdiction over the
Section 401 permit program for water quality. (The nationwide permits include Section 401
permit approval.)
l
If the Corps determines that a permit is necessary, the applicant will have to satisfy the Corps
that impacts have been avoided and minimized to the extent possible and that compensatory
mitigation for all remaining impacts are designed and incorporated into the plat. Compensation
must be in the form of wetland restoration or creation. With the current plans, the applicant may
need to create at least 0.5 acre of replacement wetland of equal or greater value than those lost
due to the project.
Although the Corps does not directly regulate the use of wetlands for treating urban runoff, the
Corps considers such impacts in reviewing applications for wetland fill. Any stormwater ponding
that can be done in ponds created from upland or in the lowest quality wetlands on -site will be
advantageous.
Wetland Conservation Act
The City of Chanhassen will be reviewing the proposed project to ensure compliance with the
Wetland Conservation Act (WCA) of 1991. The responsibility for administering the provisions
of this legislation will fall to the local unit of government (LGU). In this case, the City of
Chanhassen will be acting as the LGU. This being the case, the project will need to be certified
by the LGU as having complied with the provisions of the WCA that apply to the interim period.
The WCA provisions require that all wetland impacts incurred be offset by wetland creation or
restoration at a 1:1 acreage ratio and on the same site as the impact, if possible. If this is not
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Bob Generous
October 12, 1993
Page 5 1
6. Applicant shall obtain and comply with the necessary permits for the demolition of the
farmhouse and out buildings as well as the abandonment of the well and septic system(s).
7. All draintiles encountered upon grading shall be reconnected or relocated to discharge into
the City's storm sewer system.
8. The two existing farm access driveways shall be eliminated upon construction of the new 1
site entrances off of Kerber Boulevard and West 78th Street.
9. The applicant will be required to apply and possibly obtain building permits for the J
retaining walls proposed along the north slope of the property.
10. Upon completion of site grading, an additional row of Type I silt fence shall be installed
approximately 150 feet north of West 78th Street over the easterly one half of the site.
11. The applicant shall pay grading fees in accordance to the Uniform Building Code, Table
70 -B (Attachment No. 1).
12. The applicant shall enter into a grading permit with the City and provide the necessary 1
financial security in the amount of $32,000.00 to guarantee compliance with the terms of
approval for site grading.
13. If material is to be hauled to or from the site, the applicant shall submit to City staff,
designated haul routes for approval prior to hauling activities.
jms
Attachment: 1. Uniform Building Code Table 70 -B
2. Sample Grading Permit
c: Charles Folch, City Engineer
Steve Kirchman, Building Official
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1988 EDITION APPENDIX
I TABLE No. 70-A -- GRADING PLAN REVIEW FEES'
r less No fee
51 to 100 cubic yards $15.00
101 to 1000 cubic yards 22.50
1001 to 10,000 cubic yards 30.00
10,001 to 100,000 cubic yards - 530.00 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.
1
TABLE NO. 70-B—GRADING PERMIT FEES'
1 50 cubic yards or less $15.00
51 to 100 cubic yards 22.50
101 to 1000 cubic yards— $22.50 for the first 100 cubic yards plus $10.50 for each additional
100 cubic yards or fraction thereof
1001 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 fraction thereof
10,001 to 100,000 cubic yards— $198 00 for the first 10,000 cubic yards, plus $40.50 for
each additional 10,000 cubic yards or fraction thereof.
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)
IThe 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.
2 Orthe 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.
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GRADING PERMIT NO. 1
PERMIT dated , 1991, issued by the CITY OF t
CHANHASSEN, a Minnesota municipal corporation ( "City "), to
,( "Applicant ").
1. Request for Plat Approval. The Applicant has asked the
City to approve a grading permit in conjunction with the proposed
plat for (referred to in
this permit as the "plat "):. The land is legally described as:
2. Conditions of Approval. The City hereby approves the
permit on condition that the Applicant abide by its terms and
furnish the security required by it.
3. Plans. The plat shall be graded in accordance with the 11
following plans. The plans shall not be attached to this permit.
If the plans vary from the written terms of this permit, the
written terms shall control. The plans are:
Plan A - -Soil Erosion Control Plan and Schedule
Plan B -- Grading Plan 1
4. Time of Performance. The Applicant shall complete the
grading and erosion control by , 1992. The
Applicant may, however, request an extension of time from the City.
If an extension is granted, it shall be conditioned upon updating
the security posted by the Applicant to reflect cost increases and
the extended completion date.
5. Erosion Control. Plan A shall be implemented by the
Applicant and inspected and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be rye grass or other fast - growing seed
suitable to the existing soil to provide a temporary ground cover
as rapidly as possible. All seeded areas shall be mulched and disc
anchored as necessary for seed retention.
The parties recognize that time is of the essence in controlling
erosion. If the Applicant does not comply with the erosion control
plan and schedule or supplementary instruction received from the
City, the City may take such action as it deems appropriate to
control erosion. The City will endeavor to notify the Applicant in
advance of any proposed action, but failure of the City to do so
will not affect the Applicant's and City's rights or obligations
hereunder. If the Applicant does not reimburse the City for any
cost the City incurred for such work within thirty (30) days, the
City may draw down the letter of credit to pay any costs.
6. Clean up. The Applicant shall daily clean dirt and
debris from streets that has resulted from construction work by the
Applicant, its agents or assigns.
7. Security. To guarantee compliance with the terms of this
permit, the Applicant shall furnish the City with a cash escrow or
irrevocable letter of credit from a bank ( "security ") for
$ . The bank and form of the letter of credit shall
be subject to the approval of the City Administrator. The letter
of credit shall be for a term ending , 1992.
11 8. Responsibility for Costs.
A. Except as otherwise specified herein, the Applicant
shall pay all costs incurred by it or the City in conjunction with
the grading and erosion control, including but not limited to
inspection expenses incurred in connection with approval and
acceptance of the permit.
B. The Applicant shall hold the City and its officers
1 and employees harmless from claims made by itself and third parties
for damages sustained or costs incurred resulting from permit
approval and work done in conjunction with it. The Applicant shall
I/ indemnify the City and its officers and employees for all costs,
damages, or expenses which the City may pay or incur in consequence
of such claims, including attorney's fees.
11 C. The Applicant shall reimburse the City for costs
incurred in the enforcement of this permit, including engineering
and attorney's fees.
D. The Applicant shall pay in full all bills submitted
to it by the City for obligations incurred under this permit within
thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all work and construction.
9. Applicant's Default. In the event of default by the
Applicant as to any of the work to be performed by it hereunder,
the City may, at its option, perform the work and the Applicant
shall promptly reimburse the City for any expense incurred by the
City, provided the Applicant is first given notice of the work in
default, not less than four (4) days in advance. This permit is a
license for the City to act, and it shall not be necessary for the
11 City to seek a court order for permission to enter the land. When
the City does any such work, the City may, in addition to its other
remedies, assess the cost in whole or in part.
10. Notice. The Applicant must notify the City Engineer in
writing a minimum of 48 hours prior to construction.
11. Watershed District Permit. The Applicant shall comply
with the conditions of the attached Watershed District permit,
especially as it relates to seeding and restoration of vegetative
cover.
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12. Site specific Conditions. 1
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11 CITY OF CHANHASSEN
I BY:
Donald J. Chmiel, Mayor
(SEAL)
BY:
Don Ashworth, City Manager
1
APPLICANT
BY:
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
11 The foregoing instrument was acknowledged before me this
day of , 1991, by Donald J. Chmiel, Mayor, and
I/ by Don Ashworth, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
NOTARY PUBLIC
•
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1991, by
1 NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
11 (612) 937 -1900
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CITYOF
CHANHASSEN 11
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 11
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM 1
TO: Paul Krauss, Planning Director 1
FROM: Steve A. Kirchman, Building Official Ala
DATE: October 4, 1993 ,
SUBJ: 93 -2 IUP (T. F. James Company)
I was asked to review the proposed permit for site preparation '
north of the target site.
There are a number of buildings on the site which will need to be 1
demolished at the time the site is graded. It is likely that a
well and onsite sewage treatment system are also present on the
site. 1
Demolition permits are required before the buildings are
demolished. One permit may be issued for all the buildings if the
applicant so desires. Unused wells must be abandoned by a
licensed well driller. Abandoned onsite sewage treatments systems
must have the septic tanks pumped by a licensed pumper and the
tanks filled in or removed.
Based on the above, staff recommends the following conditions be
included as conditions of approval: 1
1. Applicant shall obtain demolition permit(s) from the
Inspections Division for all buildings on the site prior
to their demolition.
2. A "well abandonment record shall be submitted to the
Inspections Division prior to commencement of grading.
3. An onsite sewage treatment permit shall be obtained from
the Inspections Division to pump and demolish septic
tanks prior to their demolition.
1
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--+
��. COI,
'; t;!'''
r t" t CARVER COUNTY COURTHOUSE
600 EAST 4TH STREET
PUBLIC WORKS DEPARTMENT _ / CHASKA, MINNESOTA 55318
(612) 448.1213
A/ IVES °
1 COUNTY OF CANNY EIS
September 30, 1993
TO: Paul Krauss, Planning Director
FROM: Bill Weckman, Assistant County Engineer j1
SUB.!: T. F. James Company
Planning Case: 93 -2 IUP
1
We have reviewed information submitted by your memo dated September 24, 1993
for the T. F. James Company property north of 78th Street. The proposed grading will
have little impact to the County Road system. We will not be submitting any comments
at this time.
Thank you for the opportunity to review this proposal.
1
1
1
4 t r>.
(I 1993
MY
•
1 Affirmative Actinn /Equal Opportunity Employer
Printed on Recycled Paper
1
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11
9 -24 -93
JRH
APPLICATION AND GRADING EXCAVTION PERMIT
West Village Heights
Discussion: 1
In order for the 18 acres of the T.F. James Company property,
lying adjacent to and north of West 78th Street, to become
marketable and buildable the property must be graded. When the
final site plan is approved for construction, it is imperative
that delays in the start of construction be minimized; grading the
site now would greatly reduce future delays.
It is proposed that the site be rough graded, covered with a
minimum of 6" of existing topsoil and then seeded and mulched per
specifications. Access to the site during grading is shown on the
plans. It is anticipated that there will be approximately 40,000
C.Y. of material in excess. Excess material will be stored on-
site until spring -summer of next year (1994). Grading will start
as soon as approvals are obtained, with completion estimated
during the summer of 1994. A total of approximately 100,000 C.Y.
will be excavated.
There are no significant trees on the site nor are there any
wetlands. The site has had no activity on it except the westerly
±30% of the site which was rough graded for the anticipated PDQ
center before the redevelopment of the area and the realignment of
West 78th Street was finalized. Hours of operation will be
according to City Code. Truck routes for removal of the excess
from the site will be submitted for approval and conditions for
their use. If there is an on -site dust problem, Contractor shall
use a water truck; the existing soils are generally the "heavy"
clay soil which dust is not a problem unless we experience a very
dry spring - summer.
Final Grading Plans, sheets 1 and 2, dated 9/24/93 are attached.
1
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1
RECEIVED
CITY OF CHANHASSEN
690 COULTER DRIVE
SEE 2 1 1993
CHANHASSEN, MN 55317
(612) 937-1900 CITY yr k..nrvvni sEN
DEVELOPMENT REVIEW APPLICATION
I APPLICANT: T.F. James Company OWNER: T.F. James Company
ADDRESS: 6640 Shady Oak Rd. , Suite 500 ADDRESS: same
Eden Prairie, MN 55344
TELEPHONE (Day time) 828- 9000 TELEPHONE: s ame
I 1. Comprehensive Plan Amendment 11. Subdivision
2. Conditional Use Permit 12. Vacation of ROW /Easements
3. X Grading /Excavation Permit 13. Variance
4. Interim Use Permit 14. Wetland Alteration Permit
1 5. Notification Signs 15. Zoning Appeal
6. Planned Unit Development 16. Zoning Ordinance Amendment
7. Rezoning 17. Filing Fees /Attomey Cost - (Collected after
1 approval of item)
8. Sign Permits 18. Consultant Fees
I 9. Sign Plan Review
I 10. Site Plan Review TOTAL FEE $ y�0
1
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.
8'k" X 11" Reduced copy of transparency for each plan sheet.
i
1
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. 1
PROJECT NAME West Village Heights
LOCATION West 78th Street at Kerber Drive 1
tEQAL DESCRIPTION West Village Heights 2nd Addition lying North
of relocated West 78th Street and East of Powers Blvd.
•
1
PRESENT ZONING C -3 1
REQUESTED ZONING same - no change
PRESENT LAND USE DESIGNATION
commercial
REQUESTED LAND USE DESIGNATION same - no change 1
REASON FOR THIS REQUEST Site preparation for Byerly's store and future proposed
— (not final) land uses as shown on plan. 1
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. 1
This is to certify that I am making application for the described action by the City and that I am responsible for complying
with all City requirements with regard to this request. This application should be processed in my name and I am the party
whom the City should contact regarding any matter pertaining to this application. 1 have attached a copy of proof of
ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or 1 am the
authorized person to make this application and the fee owner has also signed this application. 1
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 1
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 approvaVpermit is granted within 120 days with the Carver County Recorder's
Office and the original document retumed to City Hall Records.
VP* �- ' ' _ 1
� ‹. _2 93
Signature of Applicant Date
TC:� i 4' 1
Sj nature of Fee Owner / / , Date / /� 1
Application Received on 9 — 1 44Z
3 Fee Paid �° Receipt No. Oc, -q
• The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the 1
meeting. If not contacted, a copy of the report will be mailed to the applicant's address.
1
I.
JAMES
1
Property owners within 500' of T. F. James site in Chanhassen
II West Village Heights
Block 1
Lot 1 West Village Townhouse Partners
1433 Utica Avenue Suite #240
Minneapolis, MN 55416 -1571
PUD # 25.8780010
' Lot 2 Same •
' PUD # 25.8780020
Independent School District unplatted
1700 Highway 41
II Chaska, MN 55318
PUD # 25.0125200
II Chan Vista 2nd Addition
c/o city Treasurer
690 Coulter Drive
•
P.0 Box 147
Chanhassen, MN 55317
PUD # 25.0122100
Schneider Park
II Block 1
Lot 1 City Treasurer
PUD # 25.7750010
' Lot 2 Same
PUD # 25.7750020 Aid-
11 Block 2 ,
Lot 1 Mithun Enteriises, Inc.
900 Wayzata, MN 55391
PUD # 25.7750030
Lot 2 State Bank of Chanhassen Lot 3 Same
680 78th street West
Chanhassen, MN 55317
PUD # 25.7750040 PUD # 25,7750050
1
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1
'CAP 1
JAMES
Market Square
Block 1
Lot 1 Market Square Assoc. LTD. Partnership
3503 Maplewood Circle
Excelsior, MN 55331
PUD # 25.4510010
Lot 2 Chanhassen HRA
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
PUD # 25.4510020 ,
Lot 3 Same
PUD # 25.4510030
Lot 4 Same
PUD i 25.4510040
Outlot A Same
PUD # 25.4510050
Burdick Park Addition
Block 3 ,
Lot 1 B.C. Burdick
426 Lake Street
Excelsior, MN 55331 ,
PUD # 25.1500080
Lot 2 Same
PUD # 25.1500090
Chanhassen Retail Addition
Block 1
Lot 1 Dayton Hudson Corporation
Property Tax Department
T - 862
777 Nicollet Mall
Minneapolis, MN 55402
PUD 1/ 25.1840010
Outlot A Chanhassen HRA
PUD # 25.1840020 1
Outlot B Chanhassen HRA
PUD // 25.1840030
II
T F. James Company P O. Box 24137 Minneapolis Minnesota 55424 (612) 828 -9000
REAL ESTATE DEVELOPMENT
I
EJIE
JAMES
1 Regulation Land Survey # 88
Tract B Eckankar
P.O. Box 27300
New Hope, MN 55427
PUD 4r 25.68900200
Tract G City Right of Way
PUD 1/ 25.6890070
i
West Village Heights
1 Outlot B Dean R. Johnson Construction
8984 Zachary Lane
Maple Grove, MN 55369 -0028
PUD 11 25. 8780040
1
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1 T. F James Company P O. Box 24137 Minneapolis Minnesota 55424 C612) 828 -9000
REAL ESTATE DEVELOPMENT
3j(1),_/2-9 .......4lit;,0001- i y.' y.i am
Al- NOTICE OF PUBLIC HEARING - rt 13
`
1 in f , • r
PLANNING COMMISSION MEETING c ) .o. .. 4,
�� C •, E
Wednesday, October 20, 1993 ` ____
7 :30 P.M.
13-0 moo If
City Hall Council Chambers - ,
690 Coulter Drive 1 IN m -k . - •
Y
Project: Interim Use Permit -
T a R .� - tliA--
Developer: T. F. James Company W ES TERN = -a- " _
Location: North Side of West 78th 16P
li ti 1.
. h
Street, Between Powers and is ■
Kerber Boulevard ni t AJ�CE
=' I SUS4At- 1
1
Notice: You are invited to attend a public hearing about a development proposed in
your area. T. F. James Company is requesting an interim use permit to grade for site 1
preparation (in excess of 1,000 cubic yards) on property zoned BG, General Business and
located on the north side of West 78th Street, between Kerber and Powers Boulevard.
What Happens at the Meeting: The purpose of this public hearing is to inform 1
g
you about the developer's request and to obtain input from the neighborhood about this
project. During the meeting, the Planning Commission Chair will lead the public hearing
1
through the following steps:
1. Staff will give an over view of the proposed project. 1
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 1
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 Robert at 937 -1900. If you choose
1
to submit written comments, it is helpful to have one copy to the Planning 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 October 7, 1
1993.
1
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1
'ssion Meeting - October 20, 1993 1
Planning Comma g
Jim Hill: Jim Hill. I'll apologize for Charlie not being here this evening. He's out of town.
Out of state and did not make it. The intent here is to prepare the site for the first user and
1
site plan which according to Charlie has indicated he will be in withi n ne 4 e w � the
here...The site as you know, the condition of the site, it has to be graded
use is...get an early start. We're going to do some of the work before the winter socks in on 1
us. I'll answer any questions if you have tome.
Harberts: Can I use it for fill? I
Ledvina: Do you need 40,000 cubic yards?
Harberts: Yeah, I • d like • to use a little e bit for fill. Well I was going to ask him what you're 1
going to do with this dirt. I know a wetland that I wanted to fill in. .
Scott: Any other questions for the applicant from the Planning Commissioners? 1
and
Jim Hill: Mr. James has two bidders that have supplied
low biddeo and o v'll oo fe routes and
once he gets back in we'll sit down with the responsible so forth and work it out with staff. As you know those have not been determined because we
don't know where the dirt is going. But if we have a good idea where it's going, and it will
I
be shared with you when we determine that.
Harberts: I have another question. This is a little more legitimate. What happens if you I
don't do the grading now? What's the impact?
Jim Hill: The impact is we don't start the first building this fall. In the winter. The
I
foundation.
Harberts: Oh you're going to start the work?
Jim Hill: The site plan will be in in the next 3-4 weeks.
Krauss: I think what it allows them to do, I mean there won't be any formal approvals until
early next year but if the site is rough graded, it is possible at that point to put in footings 1
over winter and they can start construction.
Harberts: Okay. I didn't realize that. I
Scott: Any other questions or comments? This is a public hearing and are there any
members of the public who'd like to speak at this public hearing? Let the record show that i
49 . 1
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1
Planning Commission Meeting - October 20, 1993
there are none. -
Ledvina moved, Mancino seconded to dose the public hearing. All voted in favor and
� P g
the motion carried. The public hearing was closed.
Scott: Comments P lease.
Mancino: Comments. Only one question for Bob. Should we be stipulating in the
recommendations when the stock pile has to be removed? I mean putting a date on that.
Generous: Well you could if you want, yes. It all depends on, they'll probably get it off
there before any deadline...grading by the summer of '94. In the summer of '94 and I would
assume that at least by September that's the end of summer. They'll probably have the
construction on that part of it going by then.
Mancino: Okay. That's my only question.
Scott: Okay. Matt.
Ledvina: I really don't have anything to add. I do want to say that I thought this was an
excellent staff report. You did a nice job Bob.
Generous: Thank you.
Scott: Diane.
Harberts: Well I'll refrain my questions from the dirt in my wetlands in my back yard but I
have no other questions or comments.
Scott: Good. Neither do I. Can I have a motion?
Harberts: I'll move approval that the Planning Commission recommends approval of Interim
Use Permit #93 -2 as shown on the site plan dated September 24, 1993 and subject to the
following conditions numbers 2 thru 18 as identified in the staff report.
Scott: Is there a second?
Mancino: Second.
Harberts moved, Mancino seconded that the Planning Commission recommends
50