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1h. Use permit for grading/excavation Park One 3rd addition 1 t ' f C I T Y �/ O F PC DATE: 5/6/92 / •mil. 1 \ '1,''' - CHAHASEN CC DATE: 6/8/92 CASE #: 92 -2 IUP 1 • Al -Jaff 1 STAFF REPORT - 1 ' , I PROPOSAL: Interim Use Permit /Earthwork permit of 4,400 cubic yards of material 11.. LOCATION: Lot 7, Block 1, Park One 3rd Addition, Located at the Northwest corner I z of Quattro Drive and Dell Road. Q APPLICANT: Fortier & Associates OWNER: Frank Beddor, Jr. I V 408 Turnpike Road 7951 Powers Blvd. �,.� Golden Valley, MN 55416 Chanhassen, MN 55317 r 1 I atm bO _ PRESENT ZONING: IOP, Industrial Office Park I bdorsNi ✓ "1 "Q - P r ' . ACREAGE: 83,939 Square Feet ModifiecL......................... Rejoctect Date .'-. t.3 -' 1 DENSITY: N/A Date submitted to Committlea ADJACENT ZONING AND Data subni tvd to Council 1 LAND USE: N - RSF; Eden Prairie & Rail Road --5 Q S - IOP; Ver- Sa -Til E - RSF; Eden Prairie Q W - IOP; Dexter Magnetics I . W WATER AND SEWER: Available to the site. 1 (fa PHYSICAL CHARACTER.: _ The site is heavily vegetated along the south, east and north. 1 • 2000 LAND USE PLAN: Industrial 1 IUP for Park One May 6, 1992 Page 2 ' PROPOSAL /SUMMARY The applicant is requesting an interim use permit to excavate 4,400 cubic yards of material ' to prepare the site for future development. The site is located at the intersection of Dell Road and Quattro Drive. The purpose of the operation is to make Lot 7, Block 1, Park One 3rd Addition, compatible with its intended industrial use and to provide clay material for lot 5, Vineland Addition, south of Pleasant View Road and west of Peaceful Lane (see Attachment # 1). This request is being reviewed concurrently with the earthwork permit for Lot 5, Vineland Addition. ' The operation is proposed to take 45 to 50 working days, with construction starting June 1 p p p 5 g s y, t g J a 5, and ending August 15, 1992, weather permitting. The applicant is proposing hours of operation from 8:00 a.m. to 5:00 p.m., Monday through Saturday. The proposed area for removing the clay material in the center of the parcel has no vegetation. The area containing trees on this site is located along the north, south and east portions of the site. Grading for a driveway will impact some of those trees, however, the applicant is preserving the majority of the trees on the site. The clay material haul route will exit the site at the southeast corner onto Quattro Drive and the trucks would then haul west on West 78th Street, to Highway 5 to County Road 17, to Pleasant View Road, to Peaceful Lane where the clay material will be used to grade Lot ' 5, Vineland Addition. The trucks will return via the same route (See Attachment #1). The drainage and erosion will be controlled with silt fences shown on the plan as required by the Engineering Department. Dust will be controlled with water trucks and street sweepers daily or as needed. The disturbed area will have on -site topsoil respread and I seeded once the clay has been removed from the site. The site is adjacent to Quattro Drive, an urban city street with storm sewers on the south and a gravel road on the east side (future Dell Road). There are no wetland areas being disturbed. There is a 20 foot wide conservation easement along the north edge of the site. Proposed grades must be shifted to the south to avoid disturbing the conservation easement (Attachment #4). ' The proposed site for the excavation is surrounded on the south by Quattro Drive, which is a paved street and Dell Road to the east, which is a gravel public street. Dell Road is ' proposed to be improved this year by the City of Eden Prairie. As a part of the Dell Road construction proposed by Eden Prairie, Quattro Drive will be modified somewhat. Quattro Drive will be lowered and a storm sewer line will be extended from Dell Road to the westerly line of this lot. It is recommended the applicant contact Eden Prairie to make provisions for a storm sewer leading to the site to convey the storm water runoff when the parcel develops. IUP for Park One 1 May 6, 1992 Page 3 , The site is proposing erosion control along all areas proposed for grading. Street cleaning and dust control is also proposed, which will minimize any impact of the excavation to the adjacent streets and properties. Plans propose extending a temporary driveway into the site from Quattro Drive. The driveway grade is approximately 6.67 %. The street grade combined with the gravel surface will be a potential erosion problem. It is recommended that a gravel construction access be constructed and maintained during the grading process and paved with a bituminous surface upon completion to minimize erosion. The site will be left in a condition that will facilitate its future development for office /industrial uses consistent with the Comprehensive Plan and existing zoning. The ro osed interim use permit application is fairly straight forward. Staff is proposing P P P PP Y g a zoning ordinance amendment to allow earthwork in excess of 1,000 cubic yards in all districts as an interim use. If this amendment is approved, the application will be in compliance with the Excavating, Mining, Filling and Grading Ordinance. With the conditions added by staff to ensure proper restoration and minimize any traffic conflicts, staff is recommending approval of the interim use permit. In general, staff does not normally advocate site grading in advance of a development proposal. We believe a more sensitive design can result if tree cutting, for example, is limited to developed site areas and this can not be determined until a plan is offered. However, in this case there are few, if any, development options beyond the one being proposed. Coupled with the applicant's design to maximize tree preservation, we believe this is an acceptable proposal. COMPLIANCE WITH THE EXCAVATING, MINING, FILLING AND GRADING ORDINANCE Section 7 of the ordinance provides a series of standards which an interim use permit must be in compliance with. Section 7 -40 - Fees The ordinance allows the City to determine the fee schedule for each permit and that each permit must be annually reviewed by the City Engineer. Section 7 -41 provides for an irrevocable letter of credit that will be required to ensure compliance with conditions of approval. 1 Finding Staff is proposing that a $2,500 letter of credit be required to ensure compliance with conditions outlined below (see Senior Engineering Technician Memo). The letter IUP for Park One May 6, 1992 Page 4 of credit will cover site restoration, preparing an as -built grading plan upon 1 completion to verify work in compliance with plans, construction of driveway, maintenance of adjoining roads, including repair of damage directly as a result of the hauling, and for maintenance of erosion control and dust control measures and ' replacement of trees designated for preservation that are lost due to construction. In addition, a permit fee from the Uniform Building Code will be applied requiring a permit fee of $153.00 to be paid and that all city staff and city attorney time used to monitor and inspect the operation shall be paid at a rate of $30.00 per hour. Staff will document the time on a monthly basis and bill the applicant. Section 7 -42 - Setbacks ' The ordinance requires that a setback of 100 feet from existing street rights -of -way and 300 feet from adjoining property lines be required for mining activities. Finding This condition does not apply. It was intended for mining operations only. ' Section 7 -43 - Fencing The ordinance requires fencing for areas which will be converted to steep grades or where on site ponding exists if the Council determines that a safety hazard exists. ' Finding The excavation will actually be reducing the slope on the site and leveling it out. 1 Therefore, safety hazards will not exist and fencing should not be required. Section 7 -44 - Appearance and Screening ' The ordinance requires that the visual impact of grading and mining operations q p gra g g be minimized and that where necessary, screening be provided. Finding 1 This is a temporary excavation process which will be leveling the area for a future industrial site and will immediately be restored with topsoil and seed. Therefore, the visual impact of the grading and mining will be minimal and screening will not be necessary. 1 1 IUP for Park One May 6, 1992 Page 5 1 Section 7 -45 - Operations, Noise, Hours, Explosives, Dust, Water, Pollution, Top Soil Preservation A. Maximum Noise Levels as measured at the perimeter of the site shall be within 1 limits set by the MPCA and by the Federal EPA. Finding ' Staff does not feel that the excavation on the site will be excessive beyond the activities being experienced in the area with improvements to Dell Road and development of industrial sites in the area. To ensure that the noise levels do not become excessive, a condition is being provided that noise levels not exceed MPCA and EPA limits. If noise testing is required by the city, the cost shall be paid by the applicant. B. Earth work is permitted only during the hours of 7:00 a.m. to 6:00 p.m., Monday 1 through Saturday and prohibited on national holidays. Finding ' The applicant has stated that hauling will take place between the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday. This is in compliance with the hours as stated in the ordinance. C. Operators are required to use all practical means to eliminate vibration on adjacent property from equipment operation. Finding ' Staff does not feel there will be a problem with vibration on adjacent property. The operation is at a small scale. The site is located in an industrial park with construction activity taking place at Dell Road to the east and a train that causes vibration to the north of the site, there should not be more noise out of the ordinary 1 vibration. D. Operators shall comply with all applicable regulations for the protection of water quality. Finding 1 The applicant is providing erosion control surrounding the site to retain any runoff 1 IUP for Park One May 6, 1992 ' Page 6 from the site. There are no wetlands in the near vicinity of the area and therefore, staff feels that there will be no water quality problems as a result of this activity. ' E. Operators shall comply with all regulations for the protection of wetlands. Finding There are no wetlands in the near vicinity of the activity which will be impacted by the excavation. ' F. Operators shall comply with all requirements of the Watershed District where the property is located. Finding The site is providing proper erosion control to meet requirements of the Watershed District. Watershed District approval is required. G. All top soil shall be retained at the site until complete restoration of the site has taken place according to the restoration plan. Finding A stockpile must be provided for the topsoil which will be respread on the site as soon as the excavation is completed. The temporary topsoil stockpile area shall be protected from erosion by a silt fence on the site. H. Operators shall use all practical means to reduce the amount of dust, smoke and fumes caused by the operations. When atmospheric or other conditions make it impossible to prevent dust from migrating off site, mining operations shall cease. Finding Staff does not anticipate a problem with these impacts with the site's location and precautions that the applicant is providing for the excavation. The applicant will be providing water trucks for dust control and street sweepers. I. To control dust and minimize tracking of sand, gravel and dirt onto public streets, internal private roads to any public roadway shall be paved with asphalt or concrete for a distance of 300 feet to the intersection of the public roadway. Alternate means of controlling this problem may be accepted by the city. 1 IUP for Park One May 6, 1992 Page 7 , Finding The streets that will be used for the hauling are either paved with curb and gutter or gravel. The applicant is providing street clean -up on a daily basis or as needed. The proposed trucks are leaving the site from the gravel road located southeast of the site with a distance of over 180 feet prior to the trucks entering Dell Road. Staff feels there is an adequate distance where any debris will fall from the truck prior to the truck entering Dell Road. Therefore, an improvement such as a sediment trap is not necessary. However, temporary rock construction entrance should be constructed to limit tracking out onto the streets (see Attachment #5 in Senior Engineering Technician Memo). , J. All haul routes to and from the site shall be approved by the City and shall only use streets that can safely accommodate the traffic. Finding ' The trucks will be leaving the site from the gravel road onto Quattro Drive and then going west to West 78th Street, north on to Hwy. 5, north on County Road 17, east to Pleasant View Road, and south to Peaceful Lane. (see Attachment #1). The trucks will then be going in the opposite direction, back to the site. Staff is concerned with the truck traffic during rush hour and feels that conditions should be imposed that would minimize the impact. We are particularly concerned due to Highway 5 construction activities that have already complicated traffic patterns. The haul route is on Hwy. 5 and is in fact part of the Hwy. 5 improvement project as some of the fill material for Lot 5, Vineland Addition will be imported from Highway 5 fill, staff is requesting if traffic conflicts result due to rush hour traffic flows, the hours of operation be appropriately restricted. , Section 7 -46 - Restoration Standards The ordinance provides a series of standards outlining site restoration. These are reviewed below. A. The lan must be consistent with the City's Comprehensive Plan and Zoning P ty P g Ordinance. Finding The Comprehensive Plan illustrates this area as industrial and the applicant's 1 proposal to level the site is in conformance with the intended use of it being an industrial site. Therefore, staff believes that the proposal is consistent with the 1 rP Park n IUP for a One May 6, 1992 Page 8 Comprehensive Plan and Zoning Ordinance. B. Restoration shall be a continuing operation occurring as quickly as possible after ' extraction operation has moved. Finding ' Restoration will be completed immediately after the excavated material has been removed. Staff will be maintaining a letter of credit to cover the restoration costs ' in the case that the applicant does not or is unable to restore the site in a timely manner. ' C. All banks and slopes shall be left in accordance with the restoration plans submitted with the permit application. Finding Staff is recommending that an as -built grading plan be provided at the completion ' of the project so that staff can confirm the volume of material that has been removed and that the site is restored as proposed. D. Slopes, graded areas and backfill areas shall be surfaced with adequate top soil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self sustaining. ' Finding ' The topsoil is being preserved on the site and will be respread after excavation of the clay material. The topsoil will then be seeded to ensure ground cover for stabilization ' of the area. Erosion control blanket will be required on all slopes 3:1 or steeper. E. All water areas resulting from excavation shall be eliminated upon restoration of the ' site. Finding There will be no water areas resulting from the excavation of the site, therefore, this condition is not applicable. F. No part of the restoration area which is planned for uses other than open space or agricultural shall be at an elevation lower than the minimum required for connection sanitary or storm sewer. 1 , ,1 1 IUP for Park One May 6, 1992 Page 9 III Finding 1 The finished grade of the site is at an elevation that will allow for the connection of municipal water, sanitary and storm sewer. I G. Provide a landscaping plan illustrating reforestation, ground cover, wetland restoration or other features. I Finding The letter from the applicant states that the excavated areas will be spread with the topsoil and seeded immediately after excavation. No trees or other forms of vegetation need to be replaced on the site. 1 INTERIM USE PERMIT STANDARDS Mining operations will be allowed in the IOP District as an interim use permit if the I requested zoning ordinance amendment is approved. The ordinance provides that interim use permits are reviewed under the general issuance standards established for conditional 1 use permits, Section 20 -232, of the ordinance. The following constitutes a compilation of the general issuance standards and staffs findings for each. 1. Will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 1 * The proposed excavation is a temporary operation which will be completed I on August 15, 1992. The removal of 4,400 cubic yards will provide topography on the site which will be compatible with proposed industrial uses and therefore it will not be detrimental to the public health, safety, comfort, or I general welfare of the city. 2. Will be consistent with the objectives of the city's Comprehensive Plan and this I chapter. * The excavation will be maintaining the site in a form suitable for industrial I use which is compatible with the Comprehensive Plan and this chapter. 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. 1 1 IUP for Park One May 6, 1992 Page 10 * The proposed excavation will be maintaining the site, compatible appearance ' with existing or intended character of the general vicinity. The slope will be leveled but will not be changing the essential character of the area. The land will be restored to a natural state once excavation is completed and will ' remain as such until development of the site. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. * With the precautions being taken by the applicant and with the conditions of approval, the activity will not be hazardous or disturbing to existing or planned neighboring uses. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services ' provided by the persons or agencies responsible for the establishment of the proposed use. * The use is temporary which does not need to be served by public facilities and services. The finished elevation will allow the site to be served by sanitary sewer and water once it is developed in the future. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. • The activity will not create excessive requirements for public facilities and will not be detrimental to the economic welfare of the community. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare ' because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. * The proposed excavation could result in excessive traffic, noise and fumes. The conditions of the approval will provide standards by which the activities should be minimized. 8. Will have vehicular approaches to the property which do not create traffic congestion PP P Pe rt3' g or interfere with traffic or surrounding public thoroughfares. * The excavation operation does have the potential to conflict with traffic on p p to Hwy. 5 especially during the rush hour periods. Staff is recommending that IUP for Park One 1 May 6, 1992 Page 11 a Traffic Control Plan be tY rovided for city approval roval and if it is felt that even P with these, that the traffic during the rush hour will still be potentially a hazardous situation, the city could limit the hours of hauling on weekdays to I non -rush hour periods. With the traffic control plan, staff feels the potential traffic conflicts will be minimized. I 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. I * The proposal will not result in any significant impact to natural or historic features. 1 10. Will be aesthetically compatible with the area. * The area proposed for excavation, once completed, will still be aesthetically 1 compatible with the surrounding industrial sites. 11. Will not depreciate surrounding property values. * The proposed use will not have a long term impact on surrounding property I values. 12. Will meet standards prescribed for certain uses as provided in this article. 1 * The proposed excavation application is meeting the standards prescribed for the IOP District. 1 Staff feels that the application is complete and will minimize potential impacts. With the conditions proposed, staff is recommending that the Planning Commission and City Council I • approve the project. PLANNING COMMISSION ACTION 1 The Planning Commission reviewed this item at their May 6, 1992, meeting. The I Commission unanimously recommended approval with a minor correction noted in Condition #5. RECOMMENDATION 1 Staff recommends the City Council adopt the following motion: 1 'The City Council approves Interim Use Permit #92 -2 with the following conditions: 1 1 1 • 1 IUP for Park One May 6, 1992 1 Page 12 1. The applicant shall provide the city with a letter of credit in the amount of $2,500 I to cover any road damage, maintenance of erosion control measures, site restoration and driveway construction. I 2. The applicant shall submit $153.00 grading permit fee as required by the Uniform Building Code and pay for all city staff and attorney time used to monitor and inspect the operation. The inspection fee shall be computed at a rate of $30 per 1 hour. 3. The applicant shall obtain and comply with all permit requirements of the Riley 1 Purgatory Bluff Creek Watershed District. 1 4. The applicant shall revise the proposed grading plan to ensure the northerly 20 feet of the site remain undisturbed as outlined in the Preservation Easement Agreement. I 5. The applicant shall supply the city with a mylar as -built survey prepared by a professional engineer surveyor registered in the State of Minnesota upon completion of excavation to verify the grading plan has been performed in compliance with the i proposed plan. 6. A stockpile must be provided for the topsoil which will be respread on the site as I soon as the excavation is completed. Topsoiling and disk mulch seeding shall be implemented immediately following the completion of excavated areas. I 7. Noise levels stemming from the operation are not to exceed MnPCA and EPA regulations. If the city determines that there is a problem, warranting such tests shall be paid for by the applicant. I 8. Hours of operation are limited to 7:00 a.m. to 6:00 p.m., Monday through Saturday and prohibited on national holidays. If the City Engineer determines that traffic 1 conflicts result due to rush hour traffic flows, the hours of operation will be appropriately restricted. 1 9. The city will work with the County Sheriff to coordinate speed and weight checks. If trucks are violating traffic laws, staff will require that the operation be shut down I and will ask the City Council to revoke the permit. 10. Prior in i to starting grading activities, all trees designated for preservation shall be I protected by a snow fence for staffs review and approval. 11. All slopes 3:1 or greater shall be stabilized with erosion control blanket specifically I adjacent to the driveway entrance. IUP for Park One 1 May 6, 1992 Page 13 12. The applicant shall construct and maintain a gravel construction access durin g the grading operation and paved with temporary bituminous surface upon completion of site grading until the site develops. 1 13. The applicant shall demonstrate and employ measures to control erosion from the proposed driveway. 1 14. The applicant shall enter into a grading permit and provide the necessary security to guarantee compliance of the condition of approval. All work shall be completed by October 15, 1992." 1 ATTACHMENTS 1. Map showing the subject site and the rout trucks will use. 1 2. Memo from the Senior Engineering Technician dated April 29, 1992. 3. Letter from applicant dated April 6, 1992. 4. Section from the Uniform Building Code on Grading Permit Fees. 5. Conservation easement Agreement. 6. Planning Commission minutes dated May 6, 1992. 7. Site plan for excavation dated April 6, 1992. 1 1 1 1 1 1 1 1 1 1 1....ot 5) V►nei N I t) 1 . , O o r°°i � r°°i o O ° m C S O ° O p ° ` a , L C � .•E I i I I I T oI E D«OA asc I CYnE I cuc_E CHR /STMA •j I HENNEPIN! COUNY <, • c•... E ,��� ' . T col L Imo i •. r1����I 1111/ a.uu c•c.i 6200 t._ . LAK E =�' , - ,, .. r; •f :z I _ . 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BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 I MEMORANDUM TO: Sharmin Al -Jaff Planner I I FROM: Dave Hempel, Sr. Engineering Technician 1 DATE: April 29, 1992 1 SUBJ: Interim Use /Earthwork Permit, NW Corner of Quattro Drive and Dell Road, Lot 7, Block 1 Park One 3rd Addition I Grading Permit No. 92 -3 Upon review of the grading plans prepared by Fortier & Associates dated April 4, 1992, I 111 offer the following comments and recommendations. Based on conversations with the applicant's architect, Mr. Daryl Fortier, the applicant is 1 interested in rough grading the site in an effort to give perspective buyers a better understanding of the layout of the developable area of the lot. The plans propose excavating approximately 4,400 cubic yards of material from the site. The material will be hauled to the other grading site on the SE corner of Pleasant View Road and Peaceful Lane (Owens /Beddor parcel). 1 The grading plan proposes grading 4:1 slopes along the northerly boundary of the site. According to the development approval process for Park One 3rd Addition, a Conservation 1 Easement was to run along the northerly 20 feet of the site to protect the existing trees. Therefore, the grading limits should be reduced or limited to outside of the Conservation Easement. Plans also propose extending a temporary driveway and parking area into the 1 site from Quattro Drive. The driveway grade is approximately 6.67 %. The street grade combined with the gravel surface will be a potential erosion problem. It is recommended that a gravel construction access be constructed and maintained during the grading process 111 and paved with a bituminous surface upon completion to minimize erosion. As a part of the Dell Road construction, proposed by Eden Prairie, Quattro Drive will be 1 modified somewhat. Quattro Drive will be lowered and a storm sewer line will be extended from Dell Road to the westerly line of this lot. It is recommended the applicant contact 1 Eden Prairie to make provisions for a storm sewer lead to the site to convey the storm water runoff when the parcel develops. rs 1 t� PRINTED ON RECYCLED PAPER 2. 1 111 Sharmin Al -Jaff April 29, 1992 Page 2 1 1 Recommended Conditions of Approval 1. All slopes 3:1 or greater should be stabilized with erosion control blanket specifically 1 adjacent to the driveway entrance. 2. The applicant shall construct and maintain a gravel construction access during the 1 grading operation and paved with a temporary bituminous surface upon completion of site grading until the site develops. 1 3. The applicant shall demonstrate and employ measures to control erosion from the proposed driveway. 1 4. The applicant shall amend the grading limits to be located outside of the Conservation Easement over the northerly portion of the site. 1 5. The applicant shall enter into a grading permit and provide the necessary security to guarantee compliance of the conditions of approval. All work shall be completed by October 15, 1992. 6. The applicant shall reimburse the City for any attorney and /or inspection fees incurred by the City for enforcement and monitoring of the interim use /grading permit. 1 jms Attachments: 1. Gravel Construction Entrance Detail 1 2. Sample Grading Permit c: Charles Folch, City Engineer 1 1 1 1 1 , 1 A ` 4 *f �' t � � . , .0 1 II I " * roc. - --- . =._.:.e- - t eL; , • yY +mss zy4 ,R LirY` z 6 . . . . o • . 1 .. jf,,,t+w' S t {, "47;--.,44.:,;,. ire f•9r N .,. ....et - •Iy.: i . f• • p f i • - ' ):., • ,:i '-- -/,' 1 ' fir l . � 4 , . _�4, , , i." - • t . UN:Adapt 4 r:n - 1 I 6.7 TEMPORARY ROCK CONSTRUCTION ENTRANCE 1 DESCRIPTION AND PURPOSE PLANNING CONSIDERATIONS 1 A temporary rock construction entrance is a stone It is always preferable to prevent mud from being pad located at points where vehicles leave a deposited upon a road rather than cleaning the road I construction site. The purpose of the stone pad is to off later. Mud on a road can create a safety hazard provide an area where mud can be removed from as well as a sediment pollution problem. As vehicle tires before the vehicle leaves the site. The stone pad consists of clean rock designed in such a In some cases, the action of tires moving over a way that vehicle tires will sink in slightly. This gravel pad may not provide adequate cleaning of helps remove mud from the tires as the vehicle vehicle tires. In those cases, the tires may need to be passes over the pad. If a wash rack is used, it washed off with water before leaving the site. When 1 provides an area where vehicle tires can be washed water is used to wash tires, a wash rack will keep the with water when needed. driving surface mud -free. EFFECTIVENESS DESIGN RECOMMENDATIONS 1 The effectiveness of temporary rock construction 1. The rock used for gravel pads should be 1- to I entrances for trapping sediment depends largely 2 -inch size such as MNDOT CA -1 or CA -2 upon the length, depth of rock, maintenance and type coarse aggregate. The aggregate should be of structure used. A newly installed rock placed in a layer at least 6 inches thick. 1 construction entrance meeting the recommendations included here will be relatively effective for 2. The rock entrance should be at least 50 feet removing mud from construction vehicle tires before long; however, longer entrances may be I they leave the site. However, once the rock voids required to achieve adequate cleaning. become clogged with mud, the practice will not serve its intended purpose until the rock is replaced. 3. A filter fabric may be needed under the rock 1 Washing vehicle tires with pressurized water over a to prevent migration of mud from the wash rack is very effective for removing mud from underlying soil into the stone. tires. 1 10/89 ATTACHMENT "1" 6.7 -1 1 1 4. If tires are washed off with water, the wash MAINTENANCE water should be directed to a suitable settling I area. A wash rack installed on the rock pad The rock pad needs occasional maintenance to may make washing more convenient and prevent tracking of mud onto paved roads. This may effective. The wash rack would consist of a require periodic top dressing with additional rock or I heavy grating over a lowered area in the removal and reinstallation of the pad. construction entrance. The grating may be a prefabricated 1 rack such as a cattle guard, or it / .,r, -1.0 may be Hard surface : �,1,. 1 constructed on- site of structural public road '' • • : , . steel. In any / ' , :;.•.••-�• i••.. •. •••••• • 50' minimum case, the wash 1 1vJ :• • 0 4ple •; ∎•••A ; �:..� =. I rack must be fit( • :� ,::�•��� % • •Ii•, •� /IA ,i strong enough to ��'� ' •: •�• _•. support the le 6" minimum +•.4 -4 1 * O • 1 vehicles that will '' = 1! �, ,i; ..r.f∎ ,WZ:—, cross it. Figure ∎ : : A` , 1 " -2" washed rock • • 6.7 -2 shows a '''�'�'� ��1�t f4:9;; typical wash •.4,I•.! rack installation. Figure 6.7 -1: Rock construction entrance 1 1 0 Ditch 10 carry ".y'i'p =��3 '��j � wash water to 1 "-•!-,•-:.:,:' ;2:3.1- , �` sediment basin };. or trap Wash rack `' ,� 1 1 r • ! ••g:•'6• /'• - iimii I l Ill � .. f . ; I' ' it " I =i F� Reinforced concrete Drain space II Detail of wash rack Wash rack material may also be aluminum or other metal. 1 Figure 6.7 -2: Construction entrance with wash rack 1 6.7 -2 10/89 II GRADING PERMIT NO. 92 -3 1 PERMIT dated , 1992, issued by the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City "), to Frank Beddor ( "Applicant "). 1. Request for Plat Approval. The Applicant has asked the , City to approve a grading permit for property located at the northwest corner or Dell Road and Quattro Drive (referred to in this permit as the "property "). The land is legally described as: Lot 7, Block 1 Park One 3rd Addition , • 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 property shall be graded in accordance with the 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 Grading Plan 1 4. Time of Performance. The Applicant shall complete the grading and erosion control by October 15, 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. ATTACHMENT "2" II , 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. 1 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 $1.000.00. The bank and form of the letter of credit shall be subject to the approval of the City Manager. The letter of credit shall be for a term ending June 1, 1993. 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 1 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. 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 1 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 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. 1 II 12. Specific conditions could be added from the Interim Use 1 approval process. II II II II II II II 1 II II II II II II II II II ' 1 CITY OF CHANHASSEN BY: Donald J. Chmiel, Mayor ( SEAL) 1 BY: Don Ashworth, City Manager 1 • APPLICANT BY: STATE OF MINNESOTA } ( ss. 11 COUNTY OF CARVER } 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 Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 1 NOTARY PUBLIC STATE OF MINNESOTA } { ss. COUNTY OF The foregoing instrument was acknowledged before me this 1 day of , 1992, by NOTARY PUBLIC 1 DRAFTED BY: City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 (612) 937 -1900 1 1 April 6, 1992 F ORTIER & ASSOCIATES, INC. A RCHITECTURE PLANNING INTERIOR DESI Mr. David Hempel City of Chanhassen I Engineering Dept. 690 Coulter Drive Chanhassen, Mn. 55317 ' RE: LOT 7, PARK ONE COMM: 91 -05 1 Dear Mr. Hempel: il At the request of Mr. Frank Beddor, Jr.,owner, we are herein . submitting an application fo a grading permit on the Lot 7, Park One site. 1 We believe the proposed grading will significantly improve this site in that it will address the proposed Dell Road work and bring the elevation down to an acceptable level for development with an appropriate driveway for access. As you know, there will be no access allowed to Dell Road; thus access must be off Quattro Drive. We believe the location selected does the best job of retaining mature trees and reducing slope of driveway. The current site is open and has been previously graded. While we II will be lowering the elevations, we will not be changing the storm water runoff patterns or qualities, and our tenative future building will be well within allowable limits for Park One. G.M.E. will be II engaged to monitor soil work during construction. Watershed has been contacted and we will submit for a permit, with a copy to you. Because of the limited area and distance to water, we may not need a watershed permit. II There is significant trees lost and we are proposing to plant a large stand of new trees to offset the loss. However, future building II and Dell Road construction preclude additional plantings. We expect the future building will add yet more landscaping as part of it's construction...the same with Dell Road. This will remain one of the most wooded Lots in Chanhassen. II Should you have any questions, please do not hesitate to call. II Yo 011111 I ruly, / %A .� . Daryl P. For ier i z-3 1 408 Turnpike Road, Golden Valley, Minnesota 55416 (612) 593 -1255 1: • 1 I APPENDIX I 1988 EDITION TABLE NO.70- A^GRADING PLAN REVIEW FEES' No fee I 50 cubic yards or less $15.00 fee 51 to 100 cubic yards 0 101 to 1000 cubic yards 22. 22. 55 0 1001 to 10,000 cubic yards . 10,001 to 100,000 cubic yards —$30 00 for the first 10,000 cubic yards, plus $15 00 for each additional 10,000 yards or fraction thereof 100,001 to 200,000 cubic yards — $165.0 for the first 100,000 cubic yards, plus $9.00 for I each additional 10,000 cubic yards or fraction thereof 200,001 cubic yards or more— $255. for the first 200,000 cubic yards, plus $4.50 for each additional 10,000 cubic yards or fraction thereof Other Fees: I Additional plan review required by changes, additions $30 00 per hour* or revisions to approved plans .. • • • • • • • • .. . .. . (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' 51500 ev6623 exxKh:csw <xkr7 £ ■ts >tu yi hi tu: 50 cubic yards or less .. 22.50 , . I 51 to 100 cubic yards . . • .. . ... . • • • 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. I 1001 to 10,000 cubic yards — $117.0 for the first 1,000 cubic yards, plus $9 00 for each additional 1,000 cubic yards or fraction thereof 10,00110 100,000 cubic yards — $198.0 for the first 10,000 cubic yards, plus S40.50 for each additional 10,000 cubic yards or fraction thereof I 100,001 cubic yards or more — $562.5 for the first 100,000 cubic yards, plus S22.50 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) I 2. Reinspection fees assessed under provisions of $30 00 per hour= Section 305 (g) $30.00 per hour= 3 Inspections for which no fee is specifically indicated .. (minimum charge —one -half hour) IThe fee for a grading permit authorizing additional work to that under a valid permit s ll be the d ifference between the fee paid for the original permit and the fee shown for the entire pro 2 0r the total hourly cost thejun wdges o an , fh a whichever is the greatest. This cost in shall l include supervision, overhead, equipment, 875 1 1 1 7 ..... zi-- • c, c • 1 1 CONSERVATION EASEMENT INSTRUMENT, Made this day of Jul 1988, b THIS Ma y July, by and between FRANK BEDDOR, JR. and MARILYN A. BEDDOR, husband and wife, County of Carver, State of Minnesota, Grantors, and the CITY OF CHANHASSEN, a municipal corporation under the laws of the State. of Minnesota, County of Carver, State of Minnesota, Grantee: ' WITNESSETH: That Grantors, in consideration of the sum of One Dollar t ($1.00) and other good and valuable consideration to them in hand paid by Grantee, the receipt in sufficiency of which is hereby acknowledged, do hereby grant, bargain, sell, and convey to Grantee, its successors and assigns, a perpetual easement for conservation purposes and environmental protection over, on and across the following described premises located in the County of Carver, State of Minnesota, viz: The rear 20 feet of Lots 2 through 7, inclusive, Block 1, PARK ONE THIRD ADDITION, according to the plat thereof on file and of record in the Office of the County Recorder, Carver County, Minnsota. 1 • The following activities shall be prohibited within the conservation easement area described above. a. The placement and erection of buildings, structures, and private docks. b. The alteration of vegetation in any manner or form except for removal of dead or diseased vegetation. c. The excavation or filling of the easement area. d. The application of fertilizers, whether natural or chemical. e. The application of chemicals for the destruction or 1 retardation of vegetation. f. The deposit of waste or debris. , • g. Construction of paths, trails, walkways, and service roads, except as constructed by the City. 1 h. The application of herbicides, pesticides and insecticides. S' 1 5 II • i. The storage of watercraft, boat trailers, ice fishing houses, snowmobiles, and any type of motorized and non- motorized vehicles. Continuous screening shall be maintained •within the easement area by the Grantors, their heirs, successors and assigns should dead or diseased vegetation need to be removed. Grantors covenant that they are the owners and are in the possession of the above described premises and have the lawful right- and authority to convey and grant the conservation easement described herein. IN WITNESS WHEREOF, said Grantors have caused this easement to be executed as of the day and year first above written. 11 Frank Beddor, Jr. Marilyn A. Beddor 11 STATE OF MINNESOTA ) ss COUNTY OF CARVER 11 The foregoing instrument was acknowledged before me this day of , 1988, by FRANK BEDDOR, JR. and MARILYN A. BEDDOR, husband and wife. • 1 Notary Public • 1 THIS INSTRUMENT WAS DRAFTED BY: Julius C. Smith 252 Southdale Office Centre 6750 France Avenue South Edina, MN 55435 (612) 920 -1521 1 1 1 , ' II II II CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE II STATE OF MINNESOTA ) II ss COUNTY OF CARVER ) II II I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on April 15 , 19 92 1 the duly qualified and acting Deputy Clerk of the City of Chan- hassen, Minnesota; that on said date she caused to be mailed II a copy of the attached notice of Public Hearing Proposed Interim II Use Permit for earth workon Lot 7, Block 1, Park One 3rd Addition located at the northwest corner of Quattro Drive and Dell Road to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and II depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the II names and addresses of such owners were those appearing as such 1 by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. 1 1 .I ' -wr / Kar n J. ngel�ardt, Deputy Clerk II Subscribed and sworn to before me this 15th day of April , 19 92 II t o K A ` .VITORIA E CHILL 6 G - NOTARY PUBLIC • MNNB®pTA ����" z��' JC �! /.I+�_ �- CARVER COUNTY Notary Public My �ommlasion spins t 1 1 NOTICE OF PUBLIC HEARING PROPOSED INTERIM USE PERMIT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Wednesday, May 6, 1992, at 7:30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of Fortier and Associates for an interim use permit for earth work on Lot 7, Block 1, Park One 3rd Addition, located at the northwest corner of Quattro Drive and Dell Road. A plan showing the proposed earthwork and location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmin Al -Jaff, Planner I Phone: 937 -1900 (Publish in the Chanhassen Villager on April 16, 1992) 1 1 1 1 1 1 1 1 r ■ ,� — ----- 7--- 7200 0 , / .....\ L � E '�' 3 TW(NMAPLE LANE G ult , u \, IL, - ---___ 7300 i'mPerV--1' BASSWOOD CIRCLE A ' 1 7400 i ,d I III . "A p 4.: $ f ) 1 CD CD i5G0 0 rim � � * PARK 0.00,004.°P = -- r600 o te a :, FI N f ry � , NI Al i WI ilia t " tr, cT EET um Iw�l m -7700 V. I X11/ IU " ?: Tk ; �` sT , + r H 7eoo S ,,,.. " - -- 7900 4 S � y!1/ HANHASS N "Vi _ EST,gTES . _ �• V ♦ cNN 'OP " � • M /N/ PARR' . L • ■ = ' , , c 0-.0.- . ..• ; 1� � o o - -6000 �� r 4 ■ � 0 I O t -- t ����� �r �. . - 81 :( C rail* F 1 f , ►.8/„ �!, � ` , 8200 *Nov ' M ARSH �-_ . SINNEN LAKE CIRCLE PARK _ _, `,\ Mu R ? -11r4IFP' R /CE M •$H LAKE i ) - 8600 ' 13 ' - - -- :K 2 i e7oo --- P - OSE' - ___.----'114-. �. - R12 - POND 8800 ' \ - 1 PERMAG CORP D 3 BOGEMA M W& N S NELSON C/O MAG CORP ATTORNEY 1 18400 77Th ST W 18603 KRISTIE LANE R FELLOWS CHANHASSEN MN 55317 EDEN PRAIRIE MN 55346 14956 MARTIN DR EDEN PRAIRIE MN 55344 I TRUMPY DEVELOPMENT TRUMPY DEVELOPMENT J E SIPSON & L SIMPSON S MPSON 8366 HIAWATHA AVE 8366 HIAWATHA AVE 18552 TWILIGHT TRAIL 1 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 1 J& C HYUN M T& N C STEVENSON W T& B K FAIRBANKS 18520 TWILIGHT TRAIL 18585 TWILIGHT TRAIL 18586 TWILIGHT TRAIL 1 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 1 W R& M A SCHMIDT ALAN & BARBARA GRAHAM T E& L S BOERBOOM 18615 TWILIGHT TRAIL 18551 TWILIGHT TRAIL 18519 TWILIGHT TARIL EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 1 N P& D A WERTANEN M A DEAM & B B DEAM M J& D CASANOVA 1 18567 TWILIGHT TRAIL 18563 KRISTIE LANE 18559 KRISTIE LANE EDEN PRAIIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 I J & J SUTHERLAND ROGER C & ANDREA PALMS V C OSFAR & N S OSFAR 1 18564 KRISTIE LANE 18455 TWILIGHT TRAIL 18423 TWILIGHT TRAIL EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 1 CITY OF EDEN PRAIRIE TRUMPY DEVELOPMENT M C & L KARAS 7600 EXECUTIVE DRIVE 8326 HIAWATHA AVE 7665 PAULSEN DRIVE 1 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 1 DAVID A COPP A W & M E KUMPALA MARK & NANCY TROXEL 7647 PAULSEN DRIVE 7629 PAULSEN DRIVE 7638 PAULSEN DRIVE 1 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 1 PAUL A KAESE R & J IBIS R & B UTING 7598 PAULSEN DRIVE 7562 PAULSEN DRIVE 7544 PAULSEN DRIVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 1 D P BODINE & P P BODINE L J& A M STOLL J S& S M RICHARDS I 7611 PAULSEN DRIVE 7593 PAULSEN DRIVE - 7575 PAULSEN DRIVE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 1 TWIN CITIES & WESTER EDLIN L ANDERSON G E & P M PRIBYL RAILROAD CO 7557 PAULSEN DRIVE 7539 PAULSEN DRIVE 723 11TH ST E 1 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 GLENCOE MN 55336 1 B & STACY S HAMIDZADEN RODNEY & BRENDA UTING T W & T A WEDIN 18376 EVENER WAY 7544 PAULSEN DRIVE 18332 EVENER WAY EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 5536 EDEN PRAIRIE MN 553461 SCOTT R ADDYMAN R J & P J NABLO THE ROTTLUND CO INC 1 18310 EVENER WAY 18288 EVENER WAY SUITE 301. EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 5201 EAST RIVER RD 1 FRIDLEY MN 55421 L R& P A JENSON C E& K A CUTLER R P& M J MAUNDER 1 18244 EVENER WAY 7626 KIMBERLY LANE 7634 KIMBERLY LANE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 N R& J K COX CESAR & C MARTINEZ W B& A FLAHERTY 1 7642 KIMBERLY LANE 18371 EVENER WAY 18353 EVENER WAY EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 1 STEPHEN & J FRANKOSKY DENNIS & BEVERLY KELM JAMES & BARBARA STOVER 18301 EVENER WAY 18275 EVENER WAY 7538 KIMBERLY LANE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 1 L A & T T WILDE DANIEL & PAMELA ELLIOT DENNIS & SHEILA WA 7546 KIMBERLY LANE 7554 KIMBERLY LANE 7562 KIMBERLY LANE EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 553461 TUAN NGO & HOA NGUYEN F R & JORI SILVERS LEES & D R BELKA 1 7570 KIMBERLY LANE 7619 KIMERLY LANE 7611 KIMERLY LANE • EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 553461 1 1 1 1 Planning Commission Meeting May 6, 1992 - Page 49 13. The applicant shall convey to the city a drainage easement over the ' proposed pond. The easement limits shall be confined to the 100 year flood elevation. 14. The applicant shall be responsible for any and all road damage sustained from the truck hauling and construction activities. 15. The applicant shall cosntruct and maintain a gravel construction ' access to the site. Access to the site shall be restricted to this access point only. 16. The applicant shall convey to the city a drainage easement over the 1 proposed pond. The easement limits shall be confined to the 100 year flood elevation. 17. The landscaping shall be discussed with staff. The applicant shall submit landscaping plans for staff review and approval. 18. During the construction period, the applicant shall locate and maintain a barricade on the west side of Peaceful Lane at it's intersection with Pleasant View. The purpose of the barricade shall be to keep construction vehicles from interfering with the Stassen's use of their driveway. All voted in favor and the motion carried unanimously. PUBLIC HEARING: INTERIM USE PERMIT FOR GRADING /EXCAVATION LOCATED AT LOT 7, PARK ONE 3RD ADDITION. FORTIER AND ASSOCIATES. Sharmin Al -Jaff presented the staff report on this item. Chairman Batzli called the public hearing to order. Daryl Fortier: I'll keep this one very short. I'm Daryl Fortier ' representing Frank Beddor. We're in agreement with the conditions and the addendums or amendments that Sharmin is recommending. The only point I would clarify for those who like to use professional engineers registered in Minnesota is that the person who prepares a survey is a licensed 1 • surveyor. Not an engineer. Erhart: Licensed in the State of Minnesota though. Daryl Fortier: But he is a surveyor. Emmings: But the last one was a different thing altogether. That was hydraulics. Hempel: We were talking about storm sewer. Batzli: Thank God we got that cleared up. Okay. This is a public hearing. Does anyone have any comments in regards to this application? 1 Planning Commission Meeting May 6, 1992 - Page 50 1 Erhart moved, Ledvina seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. ' Batzli: I'm going to call on you first Steve. Do you have any comments? Emmings: No. 1 Batzli: No comments? You like it? Okay. Ladd. Okay. Farmakes: I go along with staff recommendations. 1 Ahrens: Me too. Batzli: Okay. I have nothing to add other than thank you very much for being patient to stick around for our lengthy other hearings. Is there a motion? 1 Ledvina: I recommend that the Planning Commission adopt the following motion. The approval of the Interim Use Permit #92 -2 with the conditions, II 14 conditions identified by staff. Modifying condition 5 to read, the applicant shall supply the City with a mylar as -built survey prepared by a professional surveyor registered in the State of Minnesota upon completion of excavation to verify the grading plan has been performed in compliance with the proposed plan. Erhart: I'll second that. ' Ledvina moved, Erhart seconded that the Planning Commission recommend approval of Interim Use Permit #92 -2 with the following conditions: 1 1. The applicant shall provide the city with a letter of credit in the amount of $2,500. to cover any road damage, maintenance of erosion control measures, site restoration and driveway construction. 2. The applicant shall submit $153.00 grading permit fee as required by the Uniform Building Code and pay for all city staff and attorney time used to monitor and inspect the operation. The inspection fee shall be computed at a rate of $30. per hour. 3. The applicant shall obtain and comply with all permit requirements of I the Riley - Purgatory -Bluff Creek Watershed District. 4. The applicant shall revise the proposed grading plan to ensure the northerly 20 feet of the site remain undisturbed as outlined in the II Preservation Easement Agreement. 5. The applicant shall supply the city with a mylar as -built survey 1 prepared by a professional surveyor registered in the State of Minnesota upon completion of excavation to verify the grading plan has been performed in compliance with the proposed plan. 6. A stockpile must be provided for the topsoil which will be respread on the site as soon as the excavation is completed. Topsoiling and disk I - Planning Commission Meeting May 6, 1992 - Page 51 ' mulch seeding shall be implemented immediately following the completion of excavated areas. 7. Noise levels stemming from the operation are not to exceed ' MnPCA and EPA regulations. If the city determines that there is a problem, warranting such tests shall be paid for by the applicant. ' 8. Hours of operation are limited to 7:00 a.m. to 6 :00 p.m., Monday through Saturday and prohibited on national holidays. If the City Engineer determines that traffic conflicts result due to rush hour 1 traffic flows, the hours of operation will be appropriately restricted. 9. The city will work with the County Sheriff to coordinate speed and ' weight checks. If trucks are violating traffic laws, staff will require that the operation be shut down and will ask the City Council to revoke the permit. 10. Prior to starting grading activities, all trees designated for preservation shall be protected by a snow fence for staff's review and approval. 1 11. All slopes 3:1 or greater shall be stabilized with erosion control blanket specifically adjacent to the driveway entrance. 12. The applicant shall construct and maintain a gravel construction access during the grading operation and paved with temporary bituminous surface upon completion of site grading until the site develops. 13. The applicant shall demonstrate and employ measures to control erosion 1 from the proposed driveway. 14. The applicant shall enter into a grading permit and provide the necessary security to guarantee compliance of the condition of approval. All work shall be completed by October 15, 1992. All voted in favor and the motion carried unanimously. PUBLIC WETLAND ALTERATION PERMIT FOR THE RECONSTRUCTION OF COUNTY ROAD 17 AND THE MITIGATION OF AN ADDITIONAL 0.05 ACRES OF WETLAND ALONG LAKE DRIVE, CITY OF CHANHASSEN. Kate Aanenson presented the staff report on this item. Chairman Batzli called the public hearing to order. Batzli: The record should show that there's no one but Dick Wing in the crowd and it doesn't look to me like he's going to speak on this issue. Conrad moved, Erhart seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed.