2i. Temporary Sales Trailer at Oak Ponds Development CITY OF PC DATE: 1/20/93 ---- --
1 1 :%%'\
`^ CC DATE: 2/8/93
C HAA CEZ
- CASE #: 93- 1 lUP
,..... By: Aanenson:v
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STAFF REPORT
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I PROPOSAL: Interim Use Permit to Allow a Temporary Sales Trailer at the'Oaks Ponds
Development
1 LOCATION: North of West 78th Street between Kerber and Powers Boulevard
APPLICANT: Lotus Realty Services Dean R. Johnson Construction
..I P.O. Box 235 ' 7984 Zachary Lane
Chanhassen, MN 55317 Maple Grove, MN 55369
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PRESENT ZONING: R -12, Residential Multifamily District Famed ✓ - D u al
I ACREAGE: 14 acres Rejected
Datc—.. 3 — y
1 {' date Submitted to Commisslori
��' DENSITY: . , pato Su%diated to Council
:; ADJACENT ZONING AND
LAND USE: N - RSF; Saddlebrook
S - BG; General Business
d _ E - R12; Multifamily and RSF; Residential Family
w- R1 2; Multifamily
1b 4
Q WATER AND SEWER: Available to the site.
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1 PHYSICAL CHARACTER.
1 (1) .
2000 LAND USE PLAN: ' High Density Residential
I)
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Oaks IUP
January 20, 1993
1 Page 2
' BACKGROUND
Brad Johnson, representing the Oaks Development, is requesting an Interim Use Permit to allow
for a temporary sales trailer. Temporary sales trailers are an interim use in the R -12 zone. The
Oaks Development received Preliminary PUD and Plat approval from the City Council on
December 14, 1992.
PROPOSAL /SUMMARY
' The applicants are requesting an interim use permit to allow for a sales trailer and grading at the
western entrance of the Oaks Development. There will be grading in conjunction with the
location of the trailer but it will not exceed 1000 cubic yards so a separate interim use permit for
this activity is not necessary. The grading permit will be handled administratively.
The applicants have stated that current bank financing requires that the pre -sale of at least one
1 S -unit building prior to the funding of the construction loan for the "For Sale" townhouse units.
1 le sales trailer will be used as point of sale until the first building is completed. The applicants
stated that the trailer will then be removed and the sales operation will be moved to a
completed townhouse unit. They are requesting approval for the trailer for one year from the
date of approval.
The sales trailer will come from Hilltop Sales, it will be skirted on the bottom and build stairs
and a deck to enhance the entrance. The graded parking area will be covered with rock and
' fenced with a decorative rope fence.
The location of the trailer will be in the parking area for the most westerly (adjacent to Powers
Boulevard) "For Sale" Townhouse. The access will be from the proposed road, Santa Vera
Drive. Carver County has granted a temporary access permit for access to the trailer off of
Powers Boulevard.
1 INTERIM USE PERMIT
According to the Zoning Ordinance, the purpose of and Interim Use Permit is:
1. To allow a use for a brief period of time until a permanent location is obtained or while
1 the permanent location is under construction, and
2. To allow a use that is presently acceptable but that with anticipated development will not
be acceptable in the future.
1
Oaks NP 1
January 20, 1993
Page 3
The application meets they first criteria in that the trailer will be temporary until the first
townhouse unit will be built. The following is the general issuance standards for an interim use
permit:
1. Meets the standards of a conditional use permit set forth in Section 20 -232 of the City
Code.
a. Will not be detrimental to or enhance the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
* Access to the site has been g iven approval by the County and the grading is
consistent with the city ordinance.
b. Will be consistent with the objectives of the city's comprehensive plan and this
J t3' P P
chapter.
* The "Oaks" multi- family development has received preliminary approval
from the city. A temporary sales trailer is listed as an interim use for this
zone.
c. 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.
* The trailer will be skirted and will have a deck to enhance the appearance. '
d. Will not be hazardous or disturbing to existing or planned neighboring uses. 1
* The location of the trailer is a significant distance from any single family
residences.
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e. Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and '
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of
the proposed use. '
* The trailer is temporary and any required utility hook -ups will be the
responsibility of the applicant. This includes electric and sanitary facilities. ,
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1 Oaks IUP
1 January 20, 1993
Page 4
1 f. Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
1 * Not Applicable.
I g. 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,
I odors, rodents, or trash.
* Not applicable to the use of the sales trailer.
1 h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
1 * Carver County has issued a temporary access permit.
I i. Will not result in the destruction, loss or damage of solar access, natural, scenic
or historic features of major significance.
I * The proposed location of the trailer is in the parking area of an 8 -unit
townhouse building.
1 j. Will be aesthetically compatible with the area.
* This site is currently vacant.
k. Will not depreciate surrounding property values.
1 * The site is vacant and the trailer will be allowed for a one year period.
I 1. Will meet standards prescribed for certain uses as provided in this article.
* They must comply with the conditions of approval.
1 2. Conforms to the zoning regulations.
I * The trailer meets setback requirements and any signage would require a separate
permit.
1 3. The use is allowed as an interim use in the zoning district.
Oaks IUP 1
January 20, 1993
Page 5 1
* The R -12 zone does allow for a sales office as a interim use.
4. The date of the event will terminate the use can be identified with certainty.
* The sales trailer will be allowed for one year from the date of issuance or until the
first 8 -unit town house is built which ever comes first.
5. The use will not impose additional costs on the public if it is necessary for the public to
take the property in the future; and
* Staff is requesting for financial surety of $1,000.00 for removal of the trailer and
restoration of the site.
6. The user agrees conditions that the City Council deems appropriate for permission
�' to any tY
of the use.
PLANNING COMMISSION UPDATE
On Wednesday, January 20, 1993, the Planning Commission recommended approval of the
interim permit for the temporary sales trailer at the Oaks. There were no residents in attendance
at this meeting. Matt Ledvina raised concern over the amount of grading that appears to be over
the 1,000 cubic yard administrative limit. Engineering staff had reviewed the grading plan and
the applicant has modified the plan so that grading is under 1,000 cubic yards. The area of the
site plan proposed for grading has been identified on the site plan. Additionally, Condition #4
was modified to state that the sales trailer shall be wood sided and well maintained.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves of Interim Use Permit #93 -1 for a temporary sales trailer at the Oak
Development with the following conditions:
1. Any proposed signs will require a separate permit.
2. Surety escrow of $1,000.00 for removal of the trailer and restoration of the site.
1
3. Compliance with the city grading permit and the Carver County Temporary Access
Permit. '
4. The rental trailer will be skirted, wood sided and well maintained.
Oaks IUP
January 20, 1993
1 Page 6
5. The sales trailer will be allowed for one year from the date of issuance or until the first
8 unit townhouse is built, whichever comes first."
ATTACHMENTS
1. Application.
2. Site Plan.
3. Grading permit dated December 2, 1992.
4. Planning Commission minutes dated January 20, 1993.
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LOTUS
REALTY SERVICES 1
11
January 4, 1993
1
Planning Department
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Attention: Kate 1
Re: Oaks Community Development
Dear Kate: - 1
We are applying for an interim Use Permit for grading and
for a temporary sales trailer to be located at the western
entrance of the Oaks Development. -
Current bank financing requires the presale of at least one
8 -unit building prior to the funding of the construction loan
for the "For Sale" townhouse units. The sales trailer will
be used as a point of sale until the first building is
completed. The trailer will then be removed and the sales
operation will be moved to a completed townhouse unit.
We will rent a sales trailer from Hilltop Sales, skirt the 1
bottom and build stairs and a deck to enhance the entrance.
Further, the graded parking area will be covered with rock
and fenced with a decorative rope fence. Since the
purpose of the trailer is for sales, we believe the
trailer should present a pleasant visual picture.
We would like to have the trailer in place by February and 1
it will be removed no later than February, 1994. Attached
is a copy of the trailer site plan and grading plan.
Thanks for your consideration of this request.
Sincerely,
Rio/
Brady Johnson 1
1
545 WEST 78TH STREET • P.O. BOX 235 • CHANHASSEN, MINNESOTA 55317 • (612) 934 -4538 • FAX (612) 934 -1505 ,
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II GRADING PERMIT NO. 92 -18 \ \
II PERMIT dated December 2 , 1992, issued by the CITY OF
CHANHASSEN, a Minnesota municipal corporation ( "City "), to
II DEAN R. JOHNSON , ( "Applicant ").
1. Request for Plat Approval. The Applicant has asked the
City to approve a grading permit in conjunction with the proposed
1 plat for OAK HILL /OAK POND (referred to in this permit as the
"plat "). The land is legally described as:
Outlot B, West Village Heights
2. Conditions of Approval. The City hereby approves the
II 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
I 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:
1 Exhibit A - -Soil Erosion Control Plan and Schedule
4. Time of Performance. The Applicant shall complete the
1 grading and erosion control by June 15 , 1993. The Applicant may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
II security posted by the Applicant to reflect cost increases and the
extended completion date.
II 5. Erosion Control. Exhibit 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
I 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.
II 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
1 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
I 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
II City may draw down the letter of credit to pay any costs.
II
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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
$ 250.00 . 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 N/A , 1992. 1
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
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
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.
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. (NOT APPLICABLE - IF DISTURBED SITE I8 UNDER 1 ACRE IN SIZE)
1
11 12. site specific Conditions.
A. The applicant shall comply with Carver County Public
Works' Access Permit.
' B. The property shall be graded in accordance with the
plan submitted November 1, 1992 (Exhibit A). Upon completion, the
parking lot areas shall be graveled with a minimum depth of 6
inches of Class 5. The remaining areas shall be mulched to
1 minimize erosion.
C. No sales trailer may be placed on the site until
' final plat approval for The Oaks has been granted by the City
Council and the applicant has entered into a development contract
with the City and provided the necessary financial security.
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CITY OF CHANHASSEN
1
BY: 1 Donald J. Chmiel, Mayor
•
(SEAL)
BY: 1
Don Ashworth, City Manager
1
APPLICANT
BY: .l. e.. _ p 1
STATE OF MINNESOTA ) 1
( ss.
COUNTY OF CARVER ) 1
The foregoing instrument was acknowledged before me this
day of , 1992, by Donald J. Chmiel, Mayor, and
by Don Ashworth, City Manager, of the City of Chanhassen, a 1
Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
PU '
NOTARY PUBLIC
STATE OF MINNESOTA } 1
( ss.
COUNTY OF akel/��� -- ) 1
The foreg 'ng instrument was acknowledged efore me this
day of , 1992, by
1
NOTARY PUBLIC 1
VICTORIA E. CHURCHILL
NOTARY PUBLIC - MINNESOTA
r'' CARVER COUNTY 1
' My oommiafon apUw 9.66E
DRAFTED BY:
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937 -1900 1
1
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II FROM D.R.JOHNSON CONSTRUCTION 11.30.1992 10:41 P. 2
CARVER COMA PUBLIC WORKS DEPARTMENT Highway No.
APPLICATION FOR AOCESS DRI.VEMY OR ENTRANCE PERMIT Mile No.
Print or type xpplicati
on. Fill out 2 copies, sign and mail to Carver County Public Works
partment Courthouse, Chaska, Minnesota 55318.
" SKETCH PROPERTY, PRESENT
AND PROPOSED DRIVYi YS AND RELATION TO HIGHWAY ON BACK OF ALL COPIES,
OR ATTACH SKI; :H 'IO tE APFIIC.A IZION. IF NO SKEICH IS INCLUDED, THIS APPLLCATION WILL BE
Name of ricant - Des. - J +ti. Stia 3e Address �+ v Tel . 1 _ Co V-U
hyy. C' # v•c s SS# e9
Name of Tel sProPertY Owner b �•.. it._. ._:_Al. S: v.a ress
IIJCATION:
County Road No. I l Z io 4 Mil 4 W of f ! W
(Gi, le One) - (Spe c i s d or )
I Legal Descri pt on
of Property i_ 1 o a. '. 1' A 4 s
1
' Pw pose of
Driveway X ..,., Residence ozmercial (specify type) A a.caSe io E ti ✓w. A✓
Is a Building Ito • Mat
li be Constructed No X __ Yes Kind - - -
Will t?.r 1 ing be - Toporary or Permanent
U s the ,Y in . X( Platted or Unplatted Area
Distance . ,r% center of highway to front of building, or puutp island is too 44. feet.
I Is land higher? Ve 3 i Lower? or level? with highway.
Ft. & In. PE7IVIII.
"Number of Present Driveways to Property 0 0.rA.., Distance from Nearest Driveway N R •rN.ti.
bate Proposed Driveway Will Be Needed 4 , .. _, �'
t . . 1 ' 1 A "
' make application for permission to construct, at our expense, I, We, the urid_�rsigr herewith pp Pew
' the acoess driveway at the above location, said driveway to be constructed to conform with the
standards of the Carver County Public Works Department and to any special provisions included
in the permit. It is agreed that all work will be done to the satisfaction of the Carver
County Public:Works Department. It is further agreed that no work in connection with this
Il applicatim will be started until the application is approved and the permit issued.
III pate 1 1 t "? L o Z, Signature of Applicant_ ear ,.. t ..
Do NOD WRITE MAW THIS LINE
ACCESS D- a r• Y OR MN= PERMIT 1 . Z'
I Not Valid rtless _/,'/,72
ermit Number
r.- ,.....;....:.,.. 4.. ►.nr.+1... orrot%ho,A frnr 44u21 Me4e4-ri rfinn of t'hp lirivowav an described in the above
-. a r um 'r r Am N11 Will r we r r Ns r r r
- TEMPORARY GRADING .PLAN FOR SALES TRAILER
- -� -'�' 1 X — � I , I ,
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-- 1111111 \ \ \ \ \ \ \ \\ 6 k / 4. I I 1 4
\ \ \ \ \ \ \ ' \ \ \ 1 V \ I ` ��� , PARKING , �� / / - — _' .
— \ \ \\ \\ \\ \\ ` 1I 11 w 1 te
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____ ................ _. _ .....___ _......
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— ' ■-- – --4, ----- – 1_ — - ...___;__-. I
_,______ CITY-OF _ _ _. _ -
_ nu
/ tNanasva �tn aNV apv�ty
— — — - — — SCALE I = 50
NOV 0 1 19c2
__ __ __ _ __ _ __ __ __ __ -- , ...„ t•--- J
\ C. S. A . H. NO. 17 — — — — — — -CHAI� HV. N RING -DEtr.
_ _ _ \
( POWERS BLVD.) _ _
Date 4 9 Z
Permit No. 9,2-/7
1 APPLICATION FOR EXCAVATING PERMIT %•
• Fee.
Owners Name _it • J FA-X 4 ' `t93 -6 317? i
1 Svry Tele hone -....5
Address, :' •• Z*<_, , , •
mil, ; v • 1 . • Excavator •ti
Tele hone
Address
Lot ar7-c - T - B Block Subdivision (1.)k57-IL,A&E- Ifirs-
Site Address '-)7pi'}" -s 3c-vc (Co•D t?)
Description of work to be done: 6,,,4• ��,esvw
, ASS
• f -;P - .r~. ' 4 ‘ - S¢,. � GG,t.-
I Indicat 1 e the use or occupancy. for which the proposed work is
intended:• p c,, ¢ s aire e.1.___
1 . Estimated quantit of ex
s Y cavation Zefa 77.44 >4'6 c — cubic yards
Plot plan showing present elevations. -
Elevations after excavation is completed:
1 Elevations of neighboring property within 15 feet of excavation: •
I .
Location of any buildings or structures on the property where the
work is to be performed and the location of any buildings or
I structures on land of adjacent owners which are within 15 feet
of the property which stay be affected by the proposed grading
operations: y
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-
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p s,,_„,..— 7Z-- ojocs.,....____
1 '
•��• APPLICANT S SIGVATU °.E ■
Permission hereby granted for : construction of the driveway , described in the above 11
.application, $aid driveway to be constructed in accordance with the correct Carver County
Driveway Acce8s Policy and the Carver County Highway Design Plate,copies of which are attache
and sobjoct t4 the following provisions:
/9 t /v, i .f r + N /.� � 5- t/ die -ei/q • e"/"v/071‘09) 64) P. " e /1 gyp• T r►s�sl''4 � / / ~~rOfvf .+ I►h if /s ra.A..t..,/C v 0 s!.7 le rt�
r•, fnet ♦ or. of Ce )(
It is express'iy understood that this permit is conditioned upon replacement or restoration o
highway to its original or better condition.
Carver County Public Works Department
/ i 4'
Date _ // 2 1 92 i - • .. — •
- er •. ty D rector o • ' • c War
0 p aw.
** *END * **
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J Planning Commission Meeting
January 20, 1993 - Page 12
1 Conrad: I would move that we table this until staff can put an intent
statement in and revise points number 3, that based on our comments.
Anything else? -
' Batzli: I'd like 4(a) clarified.
Conrad: And with 4(a) reworded.
Batzli: is there a second to the motion?
1 Ledvina: Second.
Batzli: Is there discussion?
Conrad moved, Ledvina seconded that the Planning Commission table the
Subdivision and Planned Unit Development Ordinance Amendment regarding
' requirements of cul -de -sac lengths for staff to include an intent
statement, revise number 3 and clarify number 4(a). All voted in favor and
the motion carried.
' PUBLIC HEARING:
INTERIM USE PERMIT FOR A SALES TRAILER FOR THE OAK PONDS /OAK HILL PROJECT,
' LOCATED NORTH OF WEST 78TH STREET BETWEEN KERBER AND POWERS BOULEVARDS.
LOTUS REALTY.
' Kate Aanenson presented the staff report on this item. Chairman Batzli
called the public hearing to order.
Brad Johnson: Mr. Chairman, members of the Commission. The purpose of
this, as Kate has stated, is that in order to get financing on a multiple
family project today, you have to have significant pre - sales. And this is
about 109 units so we're going to need at least probably somewhere between
' 8 and 16 pre -sold before the first building can be constructed based upon
the requirements of the financial institutions. 5o we really have no
choice in the case of this type of unit but to request the temporary sales
trailer. I think the layout is there. The lighting question, I doubt if
this would be open at night but if it is, I'm sure there'd be lighting so I
think that would be reasonable. It's more.of a daytime sort of an
activity. There will be electricity to it and there will be a Satellite.
' We don't have that in there but most of these don't have Satellites so we
have an exterior Satellite. And if you remember when Rottlund was building
some units over here, that's kind of what they operated out of for a year
was about, I think it was a sales trailer. It will be skirted. I don't
know if there's enough time to do any landscaping because we'll hopefully
be out of this by June or July. Although we've asked for a full year, the
hope is that we could start construction and be into the models by mid-
summer so I don't know if the landscaping thing is there. I think on the
other hand, they want it to look as pleasant as possible on a temporary
basis to attract people to come in and do it. It is, it's not a metal
sided trailer. It's wood sided and we don't have a picture of exactly what
it would look like but you can envision a wood, sort of small mobile home.
Very small. That's about what it is, with a skirt on it. It's temporary.
Probably looks a little better than our construction trailers that you have
11
Planning Commission Meeting Iii
January 20, 1993 - Page 13
around here. I have some pictures of some but I don't think... As far aJ
the $1,000.00. I think all of us in the development business, we'd just as
soon not have money sitting here at the City if we can use—it someplace '
else. In addition to that, this is a rented trailer so it costs so much
per month to have it there so there's sort of an encouragement to get it
out of there if you're not using it. And also, as part of the site permit
the grading permit, we were required to put $250.00 sort of as a, to assu
that we'd return the site to it's previous type. So there's already
$250.00 on deposit here in the city for that. There was a $400.00
application fee to just process this and so we's really like to have a
II
significant reduction on the $1,000.00 or have it just go away. The
ordinance does not require anything like that. As I said, we're already
paying money for the trailer, and that's fine with that. If you've got a
it's something we have to go through in order to accomplish
anything over there. Do you have any questions of me?
Ledvina: How are you going to excavate the frozen soils?
II
Brad Johnson: With a large backhoe.
Ledvina: Okay, so you're going to break through the frost? II
Brad Johnson: Yes.
Ledvina: And what are you going to be doing with the soils that are taken'
out of here?
Brad Johnson: I imagine they'll be moved to the side or put in some II
place... The process we're going through this will probably be in place
sometime in March so the weather will be warmer.
II
Ledvina: I'm sorry.
Brad Johnson: We'll be into this in March probably by the time the backho'
is in place. So there will probably be a couple of weeks where you will
have some things piled up but we'll take care of it. Again, it's our
intent, the site has to look good or we're not going to attract anybody.
The backhoes can go through just about anything so.
Mancino: What year is the trailer? Is it a new one? I
Brad Johnson: It's relatively brand new. It's a trailer and it looks a
little bit like a house but it's not a true house.
Batzli: We might have some more questions as we go here. Thank you. ThiI
is a public hearing. Is there anyone else that would like to address the
Commission? If not, is there a motion to close the public hearing?
I
i
Farmakes moved, Mancino seconded to close the public hearing. All voted in
favor and the motion carried. The public hearing was closed.
Batzli: Nancy, we're going to start on your end. I
Brad Johnson: I might mention also it does have a deck.
II
1
J Planning Commission Meeting
January 20, 1993 - Page 14
' Batzli: With decorative rope around the deck. Go ahead.
Mancino: Gosh, I don't have too many - questions. What are_the business
' hours that are permitted when you have something like that going on?
Aanenson: As far as a residential zone?
Mancino: Yeah.
Aanenson: It would fall under the conditional use that's normally
' associated with that. I would think in other models. Now if there was
something in a building itself where it's lit and there's restroom
facilities. Under this circumstance, like Brad mentioned, I don't see
' people going there when there's not a lot of facility space past 9:00 at
night but I think that's something if you have concerns about, that you may
want to attach. The reason why I didn't specifically address it in the
report is that I felt it's topographic and kind of isolated from everything
1
else in that area. I'm not sure how much of an intrusion it would be but
if that is a concern.
' Mancino: ...concern at all?
Aanenson: No, they felt it was far enough away. There really isn't
anything else right there. I mean it's mostly commercial that you can see
but if that's something that you're concerned about, you may want to put a
9:00, 10 :00.
' Batzli: Don't we have limitations in our ordinances as to the amount of
light spilling off of a?
' Aanenson: Correct. Half a candle at the property line.
Batzli: Right, and so what would we be limiting?
' Aanenson: The hours.
Batzli: The noise? I mean this thing isn't going to make noise.
1 Aanenson: That's why I'm saying. That's why I didn't specifically address
it but if the lighting is a concern.
1 Batzli: Well they're going to want some security lighting there on all
night.
Aanenson: Right.
Mancino: So there will be some lighting probably attached to -the outside
of the trailer?
Brad Johnson: Or a pole at the corner...the only neighbor that can see us
' is Eckankar across the street...
Mancino: Those are the only questions I have.
1
Planning Commission Meeting
January 20, 1993 - Page 15 IL
Batzli: Okay, Jeff. '
Farmakes: I have a few questions in regard to staff. Temporary signs with
a temporary building, how is that effected with the signage permit? Are 91
talking about signs on the building or would they be off the building?
Aanenson: Well the project itself would be allowed two development signs
identifying the project. Up to 64 square feet. I'm assuming that they'd
put one on Kerber and one on Powers. Then there's distances that they can
be to houses but again, this is such a large area that there's significan
area to work with that. And then a directional sign that would be aliowe
Farmakes: Brad, do you intend on lighting these signs for night display?
Brad Johnson: Yeah. I don't think that you have... 1
Farmakes: Banners, that sort of thing?
Brad Johnson: This whole project falls under the sign ordinance and I
think there's just called temporary sign and we follow those regulations..
Farmakes: So that's how you envision it? Okay.
Brad Johnson: ...without a permit. Correct?
Aanenson: Correct.
Batzli: Banners were for temporary. '
Farmakes: Yeah, but they're a temporary useage. I'm just wondering, that
would not last out the year so. ,
Brad Johnson: Everything we're doing is temporary. I know banners are
permitted but I think you have to...
Farmakes: As they stand right now in the ordinance, I think they're
limited to, as far as days, there's a time.
Aanenson: Right. Ten consecutive days, 3 times a year and I think that's
a little bit different circumstances. There's specific ones for, this is
under residential development and this is different. I think the other's I
more geared towards commercial. Grand openings. Those sort of things.
Farmakes: I want to comment the developer on working with the neighborhoo
on this development. It seems to me you really bent over backwards to mak
that work. When you were discussing that with the neighbors, considering
where the ordinance sat and what your property was zoned, I'm really glad
to see that. I thought in some cases they were being, pushing the envelop"
and I thought that it was good to see that type of problem worked out
before it got to Council. The other issue that I want to touch on. For
more than decade I've been driving down CR 17. The deer in our area use
that ravine for a crossing between Kerber and the wild land, or the wetlan�
area on the other side and cutting across CR 17. They constantly come up
and go across into the Eckankar property from there. When we develop this
1
Planning Commission Meeting
JI January 20, 1993 - Page 16
property, the ridge up there and so on, it will confine them even more into
that crossing area and I'm wondering, has DNR made any comments of our
wildlife? As we develop further and continue to expand, we will confine
more and more the wildlife transportation corridors into narrower and
narrower bands. Do we have warning signs at all anticipated for these
types of problems or do you wait until you've hit so many deer?
Aanenson: Frankly I haven't thought about that. That's something we can
look into. What their policy is on that. I can give you a report back.
Farmakes: Because I can tell you from experience that that's where they
' cross. And they go through there every day as a part of their route, or
rounds or whatever they do to make a living.
Batzli: Having just hit one on Thanksgiving Day I can tell you, you don't
want to do that.
Farmakes: So you had venison.
Batzli: No. It was too late at night. I didn't go back. I let the
Sheriff pick him up.
Farmakes: That's the extent of my comments.
Batzii: Okay. Joe.
Scott: Brad, what is that just roughly? What does a trailer go for every
' month? What's the rental on that trailer every month?
Brad Johnson: About $250.00.
1 Scott: $250.00 a month. On the $1,000.00 surety, just my personal
experience with Brad and some of the projects he's involved with. I think
there's plenty of motivation to have that trailer out of there as soon as
' possible and I just don't see that baby sitting around. So my personal
opinion is that that should be significantly reduced or eliminated but you
guys can sanity test it because I'm not an expert on this stuff.
' Batzli: Well my initial sentiment is, this is a big project worth a lot of
money. This is $1,000.00 they're going to get back. I don't, I mean that
was my initial reaction. Now Brad made me think about it again but that
1 was my initial reaction.
Scott: Okay. I don't have any further comments.
Batzli: Matt.
Ledvina: Just initially had a couple of questions for staff. One of the
' things that I looked back in some of the attachments to this. It says, and
I think this is the grading permit. It relates to the, in the conditions
is the final plat approval for the Oaks shall be granted by the City
Council. When does staff anticipate that final plat approval to be gained?
11
Planning Commission Meeting
January 20, 1993 - Page 17 IL
Aanenson: Well it's our understanding, as soon as he has some pre -sold 1
units that he wants to final it out.
Ledvina: I'm sorry. ( '
Aanenson: That as soon as he gets some pre -sold units, then he will be
finaling out the project. I think that's probably better directed toward"
Brad but, he only has one year. That's the ordinance. He has one year.
The preliminary plat approval is good for one year. It's our understanding
that he's shooting to do that in June.
Ledvina: So it'd be the end of June. That's when you anticipate that
final plat approval will be received?
Brad Johnson: At the present time, the process of getting plat approval j
hung up in trying to decide whether it should be public road or a private
road...the final plat would be filed... Normally they're filed formally
the time you get your final. You kind of wait until then. Part of the
financing.
Ledvina: Well okay. If that's the case, we've got the cart before the I
horse a little bit here. That doesn't jive with the timing that's
discussed in the grading permit, which is attached here. If you look at
item 12(c), it says no sales trailer shall be placed on the site until
final plat approval for the Oaks has been granted by the City Council.
Aanenson: Let me give some clarification on that. Because this doesn't I
require, the grading permit is not before you tonight and except for the
fact that he needs a trailer. The reason why the trailer, the grading
permit wasn't issued is the staff didn't want to issue the grading permit
until we knew that we at least had preliminary approval by the Council. H'
came in on December 2nd, before the date the Council approved it. The
staff wouldn't sign off on it. Engineering was ready to give it to them
but we felt, we didn't want to give him a grading permit. Have him go up
there and disturb the site unless we knew the project was at least a go on
a preliminary basis.
Ledvina: Okay, so this grading permit is not valid? '
Aanenson: No it is. But it's got a date that's significantly ahead of
the, a good month ahead of what he applied for the trailer permit. Again,'
because he's just working under one acre, the grading permit's
administratively. He comes in, posts the surety. He signs a letter
agreeing to the conditions that the engineering lays out. But when the
engineering department reviewed it with myself, I felt uncomfortable
allowing them to grade when we didn't know for sure the project, just the
sensitivity to the neighbors and we didn't want to go in there and have
them disturb the soil and say, you're letting them go ahead and we don't
even know if this project's been approved. So we asked them to wait until
we knew the project had been approved. As you recall, we only had one
Planning Commission meeting in December and then to get this into the next'
docket. So it was more administrative.
0
Planning Commission Meeting
3 January 20, 1993 - Page 18
I Batzli: Sorry to interrupt. Brad raised a point that he's posting money
under that permit to restore apparently, getting rid of the gravel or
whatever.
II Aanenson: Right.
Batzli: Will it really cost $1,000.00 to, if we have money to restore the
II site, meaning get rid of the gravel and that kind of crud already under a
different permit, why is it going to cost $1,000.00 to haul the trailer
off? Who's going to collect it?
1 Aanenson: I'm just trying to, engineering gave me these dollar figures.
Now again, the $250.00 is just for the grading itself, and the grading
I includes, as you brought up, how were they going to grade and where is that
excess soil going to be? That $250.00 includes erosion control measures
and the like, okay. Just the strict grading, okay. Now when he asks for
the trailer permit, that's when he comes and says, okay now I want to put
II gravel on there and now I want to put the trailer on there.
Batzli: This doesn't get rid of the gravel?
1 Aanenson: We haul the gravel off. Restore the site. Reseed it. Some of
this may, I'm uncomfortable telling you that that's a $1,000.00. If you
I want the staff to look at that and then have engineering comment on it, I'm
just going by the figures they gave me. I think I concur with what you're
saying. That $250.00, if he's paying that a month rent, there is some
incentive for him to return the trailer and maybe that's too high but I
II think that's something we may want to have engineering comment on.
Scott: ...part of that $1,000.00 is also site restoration?
II Aanenson: I think part of it is, yes. Some of it's just, they do overlap
a little bit but I'm not sure what. It may be can be reduced. I think
that's something we can look at.
I Ledvina: And the other thing I wanted to find out this, you indicated that
it's less than 1,000 cubic yards. Has the staff calculated, done the
II calculations?
Aanenson: Yes. Engineering has.
1 Ledvina: Okay. Because I look at this grading plan and first of all, the
grading plan is not complete in terms of the contours on the cut along the
east side. There's another 8 feet of cut that should be shown if you're
1 going to maintain that slope that's indicated on that plan. Which shows,
which would result in about an 18 foot cut. And if you have a 30 x 50 foot
area at 18 feet, you have 1,000 yards. So I don't know, I'm uncomfortable
I with that. Just looking at the grading plan right now and saying that
that's less than 1,000 yards. Will there be a culvert at the driveway for
Powers Blvd. there?
II Aanenson: For the storm drain later?
Ledvina: Well for this entrance off of Powers.
II
Planning Commission Meeting
January 20, 1993 - Page 19 IL
Aanenson: You mean the curb cut? L
Ledvina: No, a culvert for the ditch there. _
Batzli: A culvert under the temporary gravel road or something.
Aanenson: I'm not sure on that. I don't believe so. Dave didn't put it"
in his...application. Oh, it did say that under the Carver County. It
says a culvert is required, 15 inch minimum. That's a requirement of the
County then. Do you want to turn to the last page of the report. Two
conditions by the County. One is a culvert. It's just a catch all that II
says they're required, they're bound by all of our conditions.
Ledvina: And then I guess the silt fence, there's no indication on the m
as a part of this report that there's a silt fence to be placed and wher
it's going to be placed and if there's going to be stockpile. Soil
stockpile. I definitely want to see a silt fence around that. I know
these are.
Aanenson: There is one on this, they've indicated Type I. We can
certainly have engineering look at it again. I'm just going by Dave's 1
recommendation on this.
Batzli: You mean you didn't double check Dave's calculations? Okay.
Ledvina: There's more cut to the east here than what's indicated and if
that slope is maintained.
Aanenson: Just for clarification. I didn't look at this as far as the
specific engineering. I relied on our engineering department but I'm
assuming that this is a representation of the final grading and the
trailer, how they're throwing the trailer on there. I'm not sure they're
grading. You know Dave sat down and met with them and reviewed exactly the
portion so I'm assuming that it's under the 1,000 square feet but I
understand what the concerns are.
Ledvina: Okay.
Aanenson: This is a representation of the final grading plan so it's
larger. But it was helpful to show exactly, shading exactly would have
been a better representation.
Ledvina: Yeah, which area is actually disturbed.
Aanenson: Right, and maybe we should do that when we issue the permit. '
Ledvina: The timing. So they're looking at actually doing this grading i
March, is that correct?
Brad Johnson: Well the permit will not be granted until...
Aanenson: Well it has to go to Council. The grading for this? 1
Ledvina: Yes. ,
Planning Commission Meeting
January 20, 1993 - Page 20
' Brad Johnson: February - March, somewhere in there.
Ledvina: Okay. That's all I have.
' Batzli: Thanks. Ladd_
Conrad: I don't have any problems with this. I guess I'd like to see
point number 4. If we can change a few words in point number 4, I could
reduce the surety amount. You know if we said the rental trailer will be
skirted, wood sided and well maintained, that would give me the feeling
that it is a rental trailer and there's motivation to get it off site. So
I could reduce the $1,000.00 by whatever staff would recommend. I don't
have any other concerns.
' Batzli: Okay, thank you. Diane.
Harberts: I really don't have any additional comments. I guess I
' appreciate the last comments added. I guess I would support just a
$1,000.00 surety bond just in the sense of it covers the city in case
something does happen that hasn't been planned for.
' Batzli: Okay. I don't have any additional comments. I appreciate Matt's
comments regarding the grading. That your review went above and beyond the
' call of duty on that. Seriously. I appreciate that. Does someone have a
motion?
Conrad: Is 1,000 yards a key part of this?
' Batzli: It's just going to be handled administratively.
' Aanenson: If it's under 1,000 it can be handled administratively...and
I trust Dave's judgment that it's under 1,000. I think it would have been
helpful, as Matt pointed out, to shade exactly what that area was because
we show... I will certainly, when it goes to Council, we will clarify that
and shade that area. I think that's helpful.
Conrad: See under the recommendations Kate, we haven't said we recommend
' approval for grading under 1,000 yards. That's not a part of what we're
saying.
Aanenson: What you said is your number 3, it says they're complying with
the city grading permit and we can only administer those if they are under
1,000 square yards. I think that's what we were trying to say.
Conrad: Ah okay.
Batzli: Is there a motion? Would someone like to make a motion that the
Planning Commission recommends approval of Interim Use Permit #93 -1 for a
temporary sales trailer for the Oaks Development with the conditions listed
in the staff report and number 4 modified to read, the rental trailer will
be skirted, wood sided and well maintained. I would welcome such a motion.
Conrad: So moved.
Planning Commission Meeting
January 20, 1993 - Page 21
Batzli: Is there a second? ,
Farmakes: I'll second it.
Batzli: It's been moved and seconded. Is there any discussion? ,
Conrad moved, Farmakes seconded that the Planning Commission recommend
approval of Interim Use Permit 1t93 - for a temporary sales trailer at the ll
Oaks Development with the following conditions:
1. Any proposed signs will require a separate permit. ,
2. Surety of $1,000.00 for removal of the trailer and restoration of the
site
3. Compliance with the grading permit and Carver County Temporary
Access Permit and the city grading permit.
4. The rental trailer will be skirted, wood sided and well maintained. I
5. The sales trailer will be allowed for one year from the date of
issuance or until the first 8 unit townhouse is built, which ever comji
first.
All voted in favor, except Matt Ledvina who opposed and the motion carriel
with a vote of 6 to 1.
Batzli: And your reasons? 1
Ledvina: I'm not comfortable that this represents a detailed enough site
plan for the staff to take it from here. I think there's probably more II
than 1,000 cubic yards of grading involved and I'd like to see the silt
fence shown around stockpiling and such. I'm sure there's, you know these
things you're going to take care of but just in the future, if it could b
a little more detailed and have a little more review of something like
this. I'd appreciate it.
Batzli: I think with your objections to the motion and those comments, I'
sure that staff will take a look at that now. Thank you. And this goes t'
City Council when?
Aanenson: First meeting in February. The 8th. ,
Batzli: Okay, thank you for coming in. Old business. Is this another, i
this a continued public hearing?
Aanenson: Deleted. It's been deleted for tonight. -
Harberts: Did they say why they pulled it? '
Aanenson:, No. Sharmin may know. I'm not aware of it.