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F7 8821 Sunset Trail Interim Use PermitCITY OF CHANHASsEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.cl.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: December 9, 2013 SUBJ: Interim Use Permit to Permit Site Grading Planning Case #2013 -25 PROPOSED MOTION "The City Council approves the Interim Use Permit to permit site grading at 8821 Sunset Trail subject to the conditions of the staff report and adopts the Findings of Fact." City Council approval requires a majority vote of City Council present. EXECUTIVE SUMMARY The applicant is requesting an Interim Use Permit to grade property in conjunction with the construction of a single - family home at 8821 Sunset Trail because total site grading exceeds 1,000 cubic yards. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on November 19, 2013. The Planning Commission voted 4 — 0 to recommend approval of the Interim Use Permit. There were no issues or concerns expressed regarding the request. Planning Commission minutes are included in the consent agenda of the December 9, 2013 City Council packet. RECOMMENDATION Staff recommends approval of the Interim Use Permit to permit the site grading. ATTACHMENTS Planning Commission Staff Report Dated November 19, 2013. g: \plan\2013 planning cases\2013 -25 undestad iup -8821 sunset ttail\executive sutmnary.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve the Interim Use Permit to permit site grading at 8821 Sunset Trail subject to the conditions of the staff report and adopts the Findings of Fact and Recommendation." SUMMARY OF REQUEST: The applicant is requesting an hiterim Use Permit to grade property in conjunction with the construction of a single - family home. LOCATION: 8821 Sunset Trail (PID 25-0231100) APPLICANT: Mark Undestad 8750 Sunset Trail Chanhassen, MN 55317 (612) 803 -6970 mark(dWentrace.com PRESENT ZONING: Agricultural Estate District (A -2) 2020 LAND USE PLAN: Residential Low Density ACREAGE: 2.35 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City has limited discretion in approving or denying interim use permits, based on whether or not the proposal meets the standards outlined in the Zoning Ordinance and city code. If the City finds that all the applicable standards are met, the permit must be approved. This is a quasi - judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL /SUMMARY The applicant is requesting an interim use permit for grading in excess of 1,000 cubic yards. APPLICABLE REGULATIONS Chapter 7, Article II, Excavating, Mining, Filling and Grading Chapter 20, Article IV, Division 5, Interim Use Permits Chapter 20, Article X, "A -2" Agricultural Estate District SCANNED Planning Commission Undestad Interim Use Permit 2013 -25 November 19, 2013 Page 2 of 6 The applicant is currently building a new home on the property. In addition, they are proposing constructing a storm water pond (south - central portion) and berms (northeast and south - central portion) on the property. Since they are moving more than 1,000 cubic yards of dirt, city code requires approval of an interim use permit for the grading. The site slopes from the northeast to the southwest corner of the property with a high point of 980 in the northeast corner of the site to a low point of 846 in the southwest corner of the property. Along the north, west and southern properties lines are extensive rows of mature evergreen trees. ANALYSIS Grading, Drainage And Erosion Control In October of 2012, the City granted an earthwork permit for 990 cubic yards of fill to be brought to 8821 Sunset Trail. The amount of earth moved on the property is currently estimated at 1,400 cubic yards. Any amount over 1,000 cubic yards requires an Interim Use Permit (IUP). Planning Commission Undestad Interim Use Permit 2013 -25 November 19, 2013 Page 3 of 6 The grading plan submitted with the IUP application does not show the existing contours from before grading started. The engineering department has used the land survey submitted with Grading Permit No. 12 -04 as the existing contours for the basis of this review. The applicant must submit a revised grading plan which shows the contours from the land survey before grading began and showing the proposed contours. The applicant's engineer must submit an earthwork estimate based on the existing contours. Before the grading began on this site, water would flow from north to south along a drainage path 40 feet inside the eastern property line. Storm water flow that originated on center and west side of the property would flow overland to the southwest comer of the property. (See Figure 1) At the time the IUP was submitted, the drainage followed a different pattern. At this point, an estimated 1400 cubic yards were moved onsite. The central drainage area flows into a partially constructed retention pond. (See Figure 2) e i i Y s r Figure 2: Drainage patterns when the 1UP was submitted Planning Commission Undestad Interim Use Permit 2013 -25 November 19, 2013 Page 4 of 6 Approximately 400 cubic yards of fill have been placed on the northeast corner of the property to create a berm. At its highest point, the berm is 7 feet taller than the existing elevation. It has redirected water that originally flowed north to south over this location. (See Figure 2) Two ditches carry water displaced by this berm. A ditch along the eastern property line will carry some of the displaced storm water southward. A ditch along the northern property line will carry some of the displaced storm water westward. The ditch along the northern property line must be revised to prevent water pooling on adjacent property. The applicant submitted a proposed grading plan. This plan channels water into ditches near property lines and retains water onsite. The retention pond will be completed and will collect run -off in the central drainage area. It will discharge overflow southwest to a ditch along the southern property line. (See Figure 3) Drainage Patterns A berm along the southern property line is proposed that is a maximum of four feet higher than the existing elevation. This berm will redirect water, originally flowing south across the property line, north toward the pond. When the proposed contours are compared with the original land survey, the area proposed for the secondary septic system appears to have been disturbed. The applicant must coordinate with City staff to find an acceptable alternative. The grading plan must be modified so that slopes are not steeper than 3:1. The current plan shows a steeper slope on the southern berm. Non -paved surface grades shall not be less than 2% to promote proper drainage. The grading plan must show contours or elevation points nearby structures to confirm that water will drain away from existing and proposed structures. Planning Commission Undestad Interim Use Permit 2013 -25 November 19, 2013 Page 5 of 6 Three retaining walls will be constructed in conjunction with the proposed single - family home near the center of the property. These retaining walls will need to be constructed under a zoning permit if they are less than or equal to four feet tall. If the retaining walls are higher than four feet, a building permit will need to be obtained. A $1,500 escrow to guarantee restoration and erosion control measures will be required with the permit. Staff will require that the applicant provide a proposed haul route for review and approval. An as -built grading plan is needed at the completion of site grading to ensure compliance with the approved grading plan. Staff recommends that the Planning Commission approve the grading plan subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: 1. The applicant must submit a revised grading plan which shows the contours from the land survey conducted before construction started and showing the proposed contours. 2. The applicant's engineer must submit an earthwork estimate based on the existing contours from the land survey. 3. The ditch along the northern property line must be revised to prevent water pooling on the adjacent property. 4. The applicant must coordinate with City staff to find an acceptable alternative secondary septic site. 5. The grading plan must be modified so that slopes are not steeper than 3:1. The current plan shows a steeper slope on the southern berm. 6. Non -paved surface grades shall not be less than 2% to promote proper drainage. 7. The grading plan must show contours or elevation points nearby structures to confirm that water will drain away from existing and proposed structures. 8. A $1,500 escrow to guarantee restoration and erosion control measures will be required with the permit. 9. The applicant must provide a proposed haul route for review and approval. Planning Commission Undestad Interim Use Permit 2013 -25 November 19, 2013 Page 6 of 6 10. An as -built grading plan is needed at the completion of site grading to ensure compliance with the approved grading plan. 11. The applicant must comply with any applicable local, state or federal permit requirements. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced Copy Grading Plan. 4. Public Hearing Notice and Mailing List. g: \plan\2013 planning cases\2013 -25 undestad iup -8821 sunset tnuhstafPreport undestad iup.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Mark Undestad for an Interim Use Permit to permit grading in excess of 1,000 cubic yards. On November 19, 2013 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Mark Undestad for an interim use permit for the property located at 8821 Sunset Trail. The Planning Commission conducted a public hearing on the proposed interim use which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned A -2, Agricultural Estate District. 2. The property is guided by the Land Use Plan for Residential Low Density. 3. The legal description of the property is: That part of the Southwest Quarter of the Northwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota described as follows: Commencing at the Northeast comer of the Southwest Quarter of the Northwest Quarter of said Section 23, Township 116, Range 23, thence south along the East line of said Southwest Quarter of the Northwest Quarter 272.25 feet to the point of beginning, thence continuing south along said East line 272.25 feet; thence west and parallel with the North line of said Southwest Quarter of the Northwest Quarter 410.00 feet; thence north and parallel with the East line of said Southwest Quarter of the Northwest Quarter 272.25 feet; thence east 410.00 feet to the point of beginning. Subject to Sunset Trail 4. When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20 -232, include the following 12 items: a. The grading operation will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The site work will result in the creation of a storm water pond which will improve water quality. b. The grading operation will be consistent with the objectives of the city's comprehensive plan and the zoning code by creating a storm water pond and site berming. The earthwork will be maintaining the site in a form suitable for residential use which is compatible with the Comprehensive Plan and this chapter. c. The grading operation 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 because the site will remain a residential property. d. The grading operation will not be hazardous or disturbing to existing or planned neighboring uses because the grading and drainage will be contained within the site perimeters. Additionally, hours of operation are limited and specific conditions of approval will be in place and enforced by the city. e. The grading operation 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 since development of the site will be delayed until urban services are available. The grading is temporary which does not need to be served by public facilities and services. The proposed grading will improve storm water management in this area. f. The grading operation will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community since this site already contains a single - family home. . g. The grading operation will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The conditions of the approval will provide standards by which the activities should be minimized. h. The grading operation will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Through the use of signage, limits on the hours of operation, and the limited nature of the operation, traffic impacts will be limited. The grading operation will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The grading operation is limited. j. The grading operation will be aesthetically compatible with the area since the grading and re- vegetation of the site will improve the site storm water management. k. The grading operation will not depreciate surrounding property values since the plan will improve the site and its impacts on the surrounding properties. I. The grading operation will meet standards prescribed for certain uses as provided in Chapter 7, Article III of the Chanhassen City Code. 5. The planning report #2013 -25 dated November 19, 2013, prepared by Stephanie Bartels, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the interim use permit to permit grading in excess of 1,000 cubic yards. ADOPTED by the Chanhassen Planning Commission this 19`h day of November, 2013. CHANHASSEN PLANNING COMMISSION LON Its Chairman rLCAOC CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: AAAA& U&Jbia- rAA A-750 StwSlar InA44. CUA#Jt449310J A MW SS31 7 Contact: /+1R -A., Phone: fo tL V036970 Fax: Email: Maek -,o Planning Case No. U13 --ok Property Owner Name and Address: SAANIE Contact: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non- conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right -of- Way /Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees /Attorney Cost ** C$5kUP /SPR/VAC/VAR/WAP /Metes & Bounds $450 Minor S B/ 4 TOTAL FEE, r An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full -size folded copies of the plans must be submitted, including an 8'/:" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format. * *Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: uobes -rAro F4o"a =ui` LOCATION: 8 %zi 51W5'tr ' WAAL LEGAL DESCRIPTION AND PID: a-- — C %'-3- I (C) 1 TOTAL ACREAGE: 215 WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: 4Z, PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: % [' /A J; FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant Date j0- zz -1-? Signature of Fee Owner Date g9p1m \forms\deve1opment review application.doc i f t i I � i Lt> f a !\ mou a r r \ Jl wow l w4 .:ir CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on November 7, 2013, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Undestad Interim Use Permit — Planning Case 2013 -25 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Karen J. E elh , DepuVj Clerk Subscribed and sworn to before me this day of Alakmhmr- , 2013. �e, =a KIM T. 3 MEUW13SE Notary Pablic- IV 1 u _ MY commission Minnesota Notary Pub . ExPims Jan 31, 20 s Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 19, 2013 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an Interim Use Permit to grade property for Proposal: construction of a single - family home on property zoned Agricultural Estate District A2 Applicant: Mark Undestad Property 8821 Sunset Trail Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2013 -25. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at boenerous(c ci.chanhassen.mn.us or by phone at Comments: 952- 227 -1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meefing, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 19, 2013 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Locaticim City Hall Council Chambers, 7700 Market Blvd. Request for an Interim Use Permit to grade property for Proposal: construction of a single - family home on property zoned A ricultural Estate District A2 Applicant: Mark Undestad Property 8821 Sunset Trail Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2013 -25. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at boenerous(oci.chanhassen.mn.us or by phone at Comments: 952- 227 -1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /Industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. ANDREW R TOLLEFSON CRAIG J PETERSON DANA W & SUSAN M MULLER 8800 SUNSET TRL 1340 OAKSIDE CIR 8850 SUNSET TRL CHANHASSEN, MN 55317 -9137 CHANHASSEN, MN 55317 -9005 CHANHASSEN, MN 55317 -9137 DAVID L MAYER 8726 FLAMINGO DR CHANHASSEN, MN 55317 -8543 MARK K UNDESTAD 8750 SUNSET TRL CHANHASSEN, MN 55317 -9137 TUOI VAN TRAN 8900 SUNSET TRL CHANHASSEN, MN 55317 -9100 JOHN E & BRENDA L HILL 1360 OAKSIDE CIR CHANHASSEN, MN 55317 -9005 ROSEANNE M BOYUM 8805 SUNSET TRL CHANHASSEN, MN 55317 -9404 MARK A & PAULA WILHELM 8720 FLAMINGO DR CHANHASSEN, MN 55317 -8543 STUART B BAKER 8955 SUNSET TRL CHANHASSEN, MN 55317 -9126