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CAS-28_ZUMBRO RIVER CONSTRUCTORS^ Document No. OFFICE OF THE j A 449812 COUNTYRECORDER CARVER COUNTY, MINNESOTA Fee.$ 46.00 Check#:16284 Certified Recorded on 09-15-2006 at 12:30 ❑ AM 449812 IT 111111111111111 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA INTERIM USE PERMIT #06-28 Carl W 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an interim use permit for the following use: To import 30,000 cubic yards of clean material 2. Pmpem. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, 1560 Bluff Creek Drive, and legally described as follows: That Part of the Northwest Quarter of the Southwest Quarter of Section 26, Township 116, Range 23 West and that part of the Southwest Quarter of the Southwest Quarter of Section 26, Township 116, Range 23 West, which lies northeasterly of the centerline of Bluff Creek Drive as dedicated on The Hesse Farms 2°a Addition, and easterly of a line drawn parallel with and 130.67 feet easterly of the west line of said Southwest Quarter. (PID 25-0262100) 3. Conditions. The permit is issued subject to plans dated received June 29, 2006 prepared in conformance with the grading plans prepared by Zumbro River Constructors for the site and the following conditions: a. Overland hauling must utilize the existing creek crossing for the Bluff Creek Drive realignment. b. No fill shall be placed within the Bluff Creek Drive right-of-way. c. Hours of operations are 7:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on holidays. d. Each site shall be examined by a professional wetland delineator to determine whether jurisdictional wetlands exist on -site or within 150 feet of the proposed fill. Any wetlands that are identified shall be delineated, then reviewed by the City prior to any work commencing on -site. If the delineation shows the proposed project to include wetland impact, the applicant shall obtain a wetland alteration permit from the City prior to wetland impacts occurring. L Jr. SCANNED e. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around any ag/urban wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. All structures shall maintain a setback of at least 40 feet from aglurban wetland buffer edges. f. Wetland replacement, if necessary, shall occur in a manner consistent with the wetland alteration permit and the Minnesota Wetland Conservation Act (MR 8420). g. Erosion control blanket shall be installed on all slopes greater than or equal to 3: L All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: TyW of Slone Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. h. Silt fence shall be installed at the base of all proposed slopes in accordance with Chanhassen Standard Detail Plates 5300. A rock construction entrance meeting the specifications of Chanhassen Standard Detail Plate 5301 shall be installed where truck traffic will enter and exit Bluff Creek Drive. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. Wimco-type inlet protection shall be installed in accordance with Chanhassen Standard Detail Plate 5302A in all catch basins within 200 feet of the proposed project sites and maintained as needed. The construction plans shall be revised to show the locations of the proposed silt fence, rock construction entrances and Wimco-type inlet protection and to include Chanhassen Standard Detail Plates 5300, 5301 and 5302A. i. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase H Construction Site Permit), Minnesota Department of Natural Resources, Minnesota Department of Transportation) and comply with their conditions of approval. Zumbro River Constructors shall apply for and receive an amendment to their existing NPDES Phase 11 Construction Permit for the Trunk Highway 212 project from the Minnesota Pollution Control Agency to incorporate a storm water pollution prevention plan for these sites. j. The applicant should review proposed slopes and runoff velocities for the site and provide additional rock checks as an erosion control mechanism if needed. Rock checks proposed within the right-of-way for Bluff Creek Drive must be reviewed and approved by the City prior to installation. 2 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. !Nse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalri. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: August 28, 2006 (SEAL) STATE OF bIINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY: Tom Furlong, Mayor AND: T ad Gerhardt, City Manager The foregoing instrument was acknowledged before me this �day of , 2006, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, 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. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 �' = KIM T. MEUWISSEN 3 ; � Nota .,....,: 1Y PubNc-Minnesota my Commission spires Jen 31, p010 CITY OF CHMSEN T700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone:952227.1100 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 A Recreation Phone: 952.227.1120 Fax: 952,227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952,227.1400 Fax: 952.227.1404 Planning A Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Pads Road Phone: 952.227.1300 Fax: 952 227.1310 Senior Center Phone: 952,227.1125 Fax: 952227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: August 28, 2006 QA-19 - SUBJ: Planning Case #06-28 Zumbro River Constructors 15.151% lMkv 1Ulu Request for an interim use permit for site grading for the disposal of dirt from the Highway 312 Corridor on property located at 1425 Bluff Creek Drive (Site 1), south of the Hennepin County Regional Rail Corridor and Bluff Creek Drive (Site 2), and 1560 Bluff Creek Drive (Site 3). ACTION REQUIRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on August 1, 2006, to review the proposed development. The Planning Commission voted 4 to 1 to approve the W for Sites 1 and 3. The Planning Commission voted 4 to 1 to deny the IUP for Site 2. The Planning Commission concurred with staff about the potential negative impacts to Site 2, including the impacts to wetlands and the seminary fen, the adjacent bed and breakfast and extensive closures of Bluff Creek Drive, were excessive. However, the Planning Commission agreed with the property owner for Site 1 that the fill would improve the farmstead; his intent with this fill is "to raise that cow yard flat where it should be, and then from the cow yard down to Hesse Farm Road, fill in the low wet area so then you can farm that and you can use that area". However, staff continues to recommend denial of the IUP for Site 1 due to the significant negative impacts to traffic on Bluff Creek Drive. 1 kllul ►II : 1 � The Planning Commission recommends approval of the three motions immediately following this memorandum approving the ]UP to grade on Sites and 3 and denying the IUP for Site 2 and their findings of fact and recommendation. Or, The City of Chanhassen 0 A growing community with clean lakes, quality schools, a chamiing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt Zumbro River Constructors Planning Case 06-28 August 28, 2006 Page 2 Staff recommends adoption of the two motions as specified on pages 8 and 9 in the staff report dated August 1, 2006 denying the IUP to grade on Sites 1 and 2, and approving the IUP to grade on Site 3. ATTACHMENTS 1. Planning Commission Recommended Motions. 2. Planning Commission Findings of Fact and Recommendations Approval. 3. Planning Commission Findings of Fact and Recommendations Denial. 4. Planning Commission Staff Report Dated August 1, 2006. g:\plan\2006 planning cases\06-28 zumbro river constructors 312\ezecutive summary.doc Planning Commission Recommended Motions: A. "The Chanhassen City Council denies Planning Case #06-28 for Interim Use Permits to grade and fill properties identified as Site 2 located southwest of Bluff Creek Drive, south of the Hennepin County Regional Trail Corridor and north of the Bluff Creek Inn." B. "The Chanhassen City Council approves Planning Case #06-28 for Interim Use Permits to grade and fill Site 1 (1425 Bluff Creek Drive) in conformance with the grading plans prepared by Zumbro River Constructors for the site, subject to the following conditions: 1. "Truck Hauling" signs posted at each end of Bluff Creek Drive. 2. Flag -persons must be on -site during trucking operations. 3. Bluff Creek Drive must be scraped and swept daily. 4. For safety reasons, access to the site should be via West Farm Road. The owner and applicant are responsible for obtaining permission for this access. 5. A $4,500 escrow must be posted to guarantee the replacement of Bluff Creek Drive curb and gutter and pavement that is damaged due to the trucking operations at this site. 6. Hours of operations shall be 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on holidays. 7. The site access must be clearly shown on the plan. 8. No fill shall be placed within the Bluff Creek Drive right-of-way. 9. The proposed swale along the southeast edge of the property shall be constructed to minimize the potential for erosion around existing trees. 10. Each site shall be examined by a professional wetland delineator to determine whether jurisdictional wetlands exist on -site or within 150 feet of the proposed fill. Any wetlands that are identified shall be delineated, then reviewed by the City prior to any work commencing on -site. If the delineation shows the proposed project to include wetland impact, the applicant shall obtain a wetland alteration permit from the City prior to wetland impacts occurring. 11. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around any ag/urban wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. All structures shall maintain a setback of at least 40 feet from ag/urban wetland buffer edges. 12. Wetland replacement, if necessary, shall occur in a manner consistent with the wetland alteration permit and the Minnesota Wetland Conservation Act (MR 8420). 13. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slone Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 14. Silt fence shall be installed at the base of all proposed slopes in accordance with Chanhassen Standard Detail Plates 5300. A rock construction entrance meeting the specifications of Chanhassen Standard Detail Plate 5301 shall be installed where truck traffic will enter and exit Bluff Creek Drive. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. Wimco-type inlet protection shall be installed in accordance with Chanhassen Standard Detail Plate 5302A in all catch basins within 200 feet of the proposed project sites and maintained as needed. The construction plans shall be revised to show the locations of the proposed silt fence, rock construction entrances and Wimco-type inlet protection and to include Chanhassen Standard Detail Plates 5300, 5301 and 5302A. 15. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources, Minnesota Department of Transportation) and comply with their conditions of approval. Zumbro River Constructors shall apply for and receive an amendment to their existing NPDES Phase II Construction Permit for the Trunk Highway 212 project from the Minnesota Pollution Control Agency to incorporate a storm water pollution prevention plan for these sites. 16. The applicant should review proposed slopes and runoff velocities for the site and provide additional rock checks as an erosion control mechanism if needed. Rock checks proposed within the right-of-way for Bluff Creek Drive must be reviewed and approved by the City prior to installation" C. "The Chanhassen City Council approves Planning Case #06-28 for Interim Use Permits to grade and fill Site 3 (1560 Bluff Creek Drive) in conformance with the grading plans prepared by Zumbro River Constructors for the site, subject to the following conditions: 1. Overland hauling must utilize the existing creek crossing for the Bluff Creek Drive realignment. 2. No fill shall be placed within the Bluff Creek Drive right-of-way. 3. Hours of operations are 7:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 am. and 5:00 p.m. on Saturdays, with no work allowed on holidays. 4. Each site shall be examined by a professional wetland delineator to determine whether jurisdictional wetlands exist on -site or within 150 feet of the proposed fill. Any wetlands that are identified shall be delineated, then reviewed by the City prior to any work commencing on -site. If the delineation shows the proposed project to include wetland impact, the applicant shall obtain a wetland alteration permit from the City prior to wetland impacts occurring. 5. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around any ag/urban wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. All structures shall maintain a setback of at least 40 feet from ag/urban wetland buffer edges. 6. Wetland replacement, if necessary, shall occur in a manner consistent with the wetland alteration permit and the Minnesota Wetland Conservation Act (MR 8420). 7. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slone Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 8. Silt fence shall be installed at the base of all proposed slopes in accordance with Chanhassen Standard Detail Plates 5300. A rock construction entrance meeting the specifications of Chanhassen Standard Detail Plate 5301 shall be installed where truck traffic will enter and exit Bluff Creek Drive. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. Wimco-type inlet protection shall be installed in accordance with Chanhassen Standard Detail Plate 5302A in all catch basins within 200 feet of the proposed project sites and maintained as needed. The construction plans shall be revised to show the locations of the proposed silt fence, rock construction entrances and Wimco-type inlet protection and to include Chanhassen Standard Detail Plates 5300, 5301 and 5302A. 9. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources, Minnesota Department of Transportation) and comply with their conditions of approval. 3 Zumbro River Constructors shall apply for and receive an amendment to their existing NPDES Phase II Construction Permit for the Trunk Highway 212 project from the Minnesota Pollution Control Agency to incorporate a storm water pollution prevention plan for these sites. 10. The applicant should review proposed slopes and runoff velocities for the site and provide additional rock checks as an erosion control mechanism if needed. Rock checks proposed within the right-of-way for Bluff Creek Drive must be reviewed and approved by the City prior to installation." 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Planning Commission Flu," Application of Zumbro River Constructors for an Interim Use Permit to provide fill in southern Chanhassen — Planning Case 06-28. On August 1, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Zumbro River Constructors for an interim use permit for the properties located at 1425 Bluff Creek Drive and 1560 Bluff Creek Drive. The Planning Commission conducted a public hearing on the proposed interim use 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 properties is currently zoned Rural Residential District (Site 1), RR, and Agricultural Estate District (Site 3), A2. 2. The property is guided by the Land Use Plan for Residential — Large Lot and Residential — Low Density and Parks and Open Space. 3. The legal description of the properties is: Site 1: Lot 1, Block 1, Hesse Farm 2°d Addition and a portion of Lot 2, Block 1, Hesse Farm 2' Addition. Site 3: The SW quarter of the SW quarter of Section 26, Township 116, Range 23 West, north of Bluff Creek Drive. 4. The proposed grading and filling operations: a. Will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city since the hours of operation will be limited, the duration of the grading will be limited, appropriate erosion control measures will be installed and maintained, and the sites will be re -vegetated immediately after completion of the grading operations. b. Will be consistent with the objectives of the city's comprehensive plan and the zoning ordinance as well as meeting the standards for grading in Chapter 7 of the Chanhassen City Code. 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 since the sites will be restored to their original vegetative state. d. Will not be hazardous or disturbing to existing or planned neighboring uses since the hours of operation will be limited, the duration of the grading will be limited, appropriate erosion control measures will be installed and maintained, and the sites will be re -vegetated immediately after completion of the grading operations. 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. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 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, odors, rodents, or trash since the hours of operation will be limited, the duration of the grading will be limited, appropriate erosion control measures will be installed and maintained, and the sites will be re -vegetated immediately after completion of the grading operations. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area since the sites will be restored to their original vegetative state. k. Will not depreciate surrounding property values. Will meet standards prescribed for certain uses as provided in the zoning ordinance as well as meeting the standards for grading in Chapter 7 of the Chanhassen City Code.. 5. The planning report #06-28 dated August 1, 2006, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the interim use permit for Site 1 (Moe and Hesse) and Site 3 (Klingelhutz). ADOPTED by the Chanhassen Planning Commission this I' day of August, 2006. CHANHASSEN PLANNING COMMISSION M Its Chairman g\plan\2006 planning casa\06-28 zumbro river cnnstructors 312Vindings of fact.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION OF DENIAL Planning Commission IQ119 Application of Zumbro River Constructors for an Interim Use Permit to provide fill to the site in southern Chanhassen — Planning Case 06-28. On August 1, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Zumbro River Constructors for an interim use permit for the property located south of the Hennepin County Regional Rail Corridor and Bluff Creek Drive. The Planning Commission conducted a public hearing on the proposed interim use 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 properties is currently zoned Agricultural Estate District, A2 (Site 2). 2. The property is guided by the Land Use Plan for Residential — Large Lot and Parks and Open Space. 3. The legal description of the properties are: Site 2: The SW 1/4 of the NE 1/4 of the Section 35, Township 116, Range 23 West, Southwest of Bluff Creek Drive and South of the Hennepin County Regional Rail Corridor. 4. The proposed grading and filling operations consisting of 90,000 cubic yards of fill for Site 2: a. Will be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Existing traffic on Bluff Creek Drive is approximately 3,700 trips per. The only access to the sites is via Bluff Creek Drive. Bluff Creek Drive is a 28-foot wide street within a 66-foot wide right-of-way with one lane of traffic in each direction. Trucks entering and exiting the site will require the entire street width to complete the turn. This will block the street in both directions for the duration of the turn, closing down the road. Due to the residential nature of the area, the hours of operation would be limited to 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on Sundays or holidays. Truck capacity is approximately 10 cubic yards per load. Hauling activities will degrade traffic to an unacceptable level: Summary Table: Moe/Hess Hess property Moe/Hess and property only only Hess properties 7 am — 6 pm Monday -Friday 47.1 trips/hour for 9 am -5 pm Saturday 18.5 trips/hour 28.6 trips/hour 3 Weeks (Regular hours within time for 3 weeks for 5 weeks 28.6 trips/hour for frame stated in application) 2 additional weeks 9 am — 3 pm Monday -Friday 47.1 trips/hour for 9 am -5 pm Saturday 5 weeks (Recommended hours at the 18.5 trips/hour 28.6 trips/hour 28.6 trips/hour for hauling rate for the above for 5 weeks for 8.3 weeks 3.3 additional scenario) weeks 9 am — 3 pm Monday -Friday 77.7 trips/hour for 9 am -5 pm Saturday 30.7 trips/hour 47 trips/hour 3 weeks (Recommended hours within the for 3 weeks for 5 weeks 47 trips/hour for 2 time frame stated in application) additional weeks MoelHess property only: 35,000 cy + 10 cy/load = 3,500 trips 1) If 7 am to 6 pm Monday -Friday, 9 am-5 pm Saturday (regular construction hours, 63 hours/week) for three weeks: 63 hours/week x 3 weeks = 189 hours of hauling 3,500 trips _ 189 hours = 18.5 trips/hour This would result in stopping traffic once every three minute for three weeks. 2) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), 18.5 trips/hour: 18.5 trips/hour x 38 hours/week = 703 trips/week 3,500 trips + 703 trips/week = 5.0 weeks This would result in stopping traffic once every other minute for over three weeks. 3) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), for three weeks: 38 hours/week x 3 weeks = 114 hours of hauling 3,500 trips + 114 hours = 30.7 trips/hour This would result in stopping traffic every minute for three weeks. Hess Property (Site 2) only: 90,000 c.y. + 10 cy/trip = 9,000 trips 1) If 7 am to 6 pm Monday -Friday, 9 am-5 pm Saturday (regular construction hours, 63 hours/week) for 5 weeks: 63 hours/week x 5 weeks = 315 hours of hauling 9,000 trips = 315 hours = 28.6 trips/hour This would result in stopping traffic once every other minute for five weeks. 2) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), 28.6 trips/hour: 28.6 trips/hour x 38 hours/week = 1,086.8 trips/week 9,000 trips=1,086.8 trips/week = 8.3 weeks This would result in stopping traffic once every other minute for over eight weeks. 3) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week) for five weeks: 38 hours/week x 5 weeks = 190 hours of hauling 9,000 trips + 190 hours = 47 trips/hour This would result in stopping traffic almost once every minute for 5 weeks. Moe/Hess and Moe properties (cumulative effect if both were approved): 1) If 7 am to 6 pm Monday -Friday, 9 am-5 pm Saturday (regular construction hours, 63 hours/week): 18.5 trips/hour + 28.6 tiips/hour = 47.1 trips/hour for three weeks 28.6 trips/hour for two weeks additional 2) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), maintaining the same rate of hauling shown in a): 18.5 trips/hour + 28.6 trips/hour = 47.1 trips/hour for five weeks 28.6 trips/hour for 3.3 weeks additional 3) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), maintaining same timeframe listed in application: 30.7 trips/hour + 47 trips/hour = 77.7 tripsthour for three weeks 47 trips/hour for two weeks additional b. Will be inconsistent with the objectives of the city's comprehensive plan in that traffic operations will be significantly degraded and significant natural resources will be impacted. There are several significant trees within the fill area of Site 2 that would be removed with the proposed grading operation. The fill on Site 3 could interrupt existing groundwater flows in the area that contribute to the hydrology of the Seminary Fen, Assumption Creek and/or the associated wetland complex C. Will not be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will change the essential character of that area by altering Site 2 by adding between 2 and 30 feet of fill and increases the slope adjacent to the wetland. d. Will be disturbing to existing neighboring uses since the truck traffic will increase existing traffic of 3,700 trips per day by between 290 and 300 trips per day and must access the sites via Bluff Creek Drive, which is a 28-foot wide roadway, and would close Bluff Creek Drive for turns into the sites. e. Will not served adequately by city streets, which is only 28-foot wide street. Will create excessive requirements for public streets and will be detrimental to the economic welfare of the community. g. Will involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property which create traffic congestion or interfere with traffic or surrounding public thoroughfares requiring the closing down of the road. i. Will potentially result in the destruction, loss or damage of natural features of major significance. There are several significant trees within the fill area of Site 1 that would be removed with the proposed grading operation. The proposed fill on Site 2 is adjacent to the Seminary Fen wetland complex. The Seminary Fen and nearby Assumption Creek are classified as Outstanding Resource Value Waters ("ORVW') by the State of Minnesota. :1 Due to the nature of the soils on this site, it is likely that significant compaction of underlying soil material would result. This could interrupt existing groundwater flows in the area that contribute to the hydrology of the Seminary Fen, Assumption Creek and/or the associated wetland complex. Will be aesthetically incompatible with the area since the grading operation will remove existing vegetation on the site or significantly alter the site elevations, creating steep slopes and concentrated runoff. k. Will not depreciate surrounding property values. 1. Will not meet standards prescribed for certain uses as provided in the zoning ordinance. 5. The planning report #06-28 dated August 1, 2006, prepared by Alyson Fauske, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council deny the interim use permits for Sites I and 2 (Moe and Hesse). ADOPTED by the Chanhassen Planning Commission this I" day of August, 2006. CHANHASSEN PLANNING COMMISSION M. Its Chairman g:Aplan\2006 planning cases\06-28 mnbro river coostmctm 3 t2V'indings of fact denial.doc F z U a plo CITY OF CHANHASSEN STAFF REPORT PC DATE: August 1, 2006 CC DATE: August 28, 2006 REVIEW DEADLINE: August 29, 2006 CASE #: 06-28 BY: AF, RG, LH, JS PROPOSAL: Request for an interim use permit for off -site grading for the disposal of dirt from the Highway 312 Corridor on property located at 1560 Bluff Creek Drive and 1425 Bluff Creek Drive and south of the Hennepin County Regional Rail Corridor and Bluff Creek Drive. LOCATION: 1560 Bluff Creek Drive, 1425 Bluff Creek Drive and south of Bluff Creek Drive and Hennepin County Regional Rail Corridor. L APPLICANT: Zumbro River Constructors Harold Hesse (Site 1 & 2) d , 312 Lake Hazeltine Blvd., Ste. 100 1425 Bluff Creek Dr. Chaska, MN 55318 (612)685-5289 Brad Moe (Site 1) 14372 Westridge Dr. Eden Prairie, MN 55347 Chaska, MN 55318 John Klinglehutz (Site 3) 1560 Bluff Creek Dr. Chaska, MN 55318 PRESENT ZONING: Agricultural Estate District, A2 (Sites 2 and 3) Rural Residential District, RR (Site 1) 2020 LAND USE PLAN: Residential — Large Lot and Parks and Open Space ACREAGE: 8.0, 21.0, 6.8 DENSITY: not applicable SUMMARY OF REQUEST: The applicant is proposing to provide fill from the Highway 312 corridor on each of the three properties being reviewed. The approximate amount of fill at each of the sites is as follows: site 1 — 35,000 cubic yards, site 2 — 90,000 cubic yards, and site 3 — 30,000 cubic yards. 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 use standards outlined in the Zoning Ordinance. If the City finds that all the applicable use standards are met, the permit must be approved. This is a quasi judicial decision. s :mw Location Map Zumbro River Constructors 312 Interim Use Permit Planning Case 06-28 semNa Zumbro River Constructors ]UP Planning Case 2006-28 August 1, 2006 Page 2 of 10 PROPOSAL/SUNIMARY The applicant is proposing to provide fill from the Highway 312 corridor on each of the three properties being reviewed. The approximate amount of fill at each of the sites is as follows: site 1— 35,000 cubic yards, site 2 — 90,000 cubic yards, and site 3 — 30,000 cubic yards. The estimated duration of the operations are: site 1— three weeks, site 2 — five weeks, and site 3 — one week. The filling will take place between August and October 2006. Daily grading will occur between 7:00 a.m. and 5:00 p.m. Sites 1 and 2 will be accessed via Bluff Creek Drive. Bluff Creek Drive is a collector roadway with a 28-foot wide roadway pavement width. Site 3 will be accessed overland without the requirement for trucks and equipment traveling on Bluff Creek Drive. Each truckload contains approximately 10 cubic yards of material. Site 1 would therefore generate approximately 3,500 total trips or 290 trips per day. Site 2 would generate approximately 9,000 total trips or 320 trips per day. Staff is recommending denial of the Interim Use Permits for sites 1 and 2 and approval of the interim use permit for site 3. APPLICABLE REGUATIONS Chapter 7, Article III, Excavating, Mining, Filling and Grading Chapter 20, Article IV, Division 5, Interim Use Permits BACKGROUND The property owners approached Zumbro River Constructors about use of excess soil from the Highway 312 project to fill areas on their properties. The plat for Hesse Farm Vd Addition was approved on November 6, 1978 by the Chanhassen City Council (Subdivision #76-2). GRADING, DRAINAGE AND EROSION CONTROL Site 1. The proposal includes placement of 35,000 cubic yards of fill within a low area on the Hesse/Moe property. The maximum depth of fill is approximately 22 feet. The property lies within a large -lot residential neighborhood. There are several significant trees within the fill area that would be removed with the proposed grading operation. The contractor proposes to haul fill to the site via Audubon and Bluff Creek Drive. Bluff Creek Drive is a 28-foot wide street within a 66-foot wide right-of-way. West Farm Road, a 20-foot wide private road, lies to the south of the site. The plan does not indicate where trucks would enter and exit the site. The 2005 traffic counts for Bluff Creek Drive indicate that there are 3,785 trips/day on this street approximately equally split between north and southbound traffic. Given the existing traffic Zumbro River Constructors IUP Planning Case 2006-28 August 1, 2006 Page 3 of 10 volumes on this road and the width of the street, traffic control should include "Truck Hauling" signs along the roadway and flag -persons to control traffic where vehicles enter and exit the site. The contractor anticipates that the hours of operation will be between 7 a.m. and 5 p.m., but that the hours are "flexible". Staff does not support flexible hours at this location since the site is in a residential area and reasons that hours of operation between 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on holidays is more appropriate. These hours would restrict hauling during rush hour traffic. The City's engineering consultant, Kimley Horn, has detemuned that the proposed grading is in accordance with Chapter 7, Article H of the City Code and does not significantly alter the drainage pattern. Staff is concerned about this proposal due to the existing traffic volumes on Bluff Creek Drive, that Bluff Creek Drive is only 28 feet wide and the potential damage to the pavement and curb. Trucks entering and exiting the site will require the entire street width to complete the turn. This, combined with the anticipated number of truck trips generated from this project and the existing traffic volumes, may lead to significant delays along Bluff Creek Drive. The proposed swale along the southeast edge of the property should be constructed to minimize the potential for erosion around existing trees. Staff recommends denial of the Interim Use Permit for 1425 Bluff Creek Drive. Should the Planning Commission recommend approval of the IUP, staff recommends that the following conditions be added as well as recommended conditions of approval 4 —10 from Site 3.: 1. "Truck Hauling" signs posted at each end of Bluff Creek Drive. 2. Flag -persons must be on -site during trucking operations. 3. Bluff Creek Drive must be scraped and swept daily. 4. For safety reasons, access to the site should be via West Farm Road. The owner and applicant are responsible for obtaining permission for this access. 5. A $4,500 escrow must be posted to guarantee the replacement of Bluff Creek Drive curb and gutter and pavement that is damaged due to the trucking operations at this site. 6. Hours of operations shall be 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on holidays. 7. The site access must be clearly shown on the plan. 8. No fill shall be placed within the Bluff Creek Drive right-of-way. 9. The proposed swale along the southeast edge of the property shall be constructed to minimize the potential for erosion around existing trees. Site 2. The proposal includes placement of 90,000 cubic yards of fill on a relatively flat area of the property. The maximum amount of fill proposed is 27 feet. This area is relatively flat and is surrounded by trees to the west, north and east. Bluff Creek Inn, a 140-year-old structure lies to the south of the area. Zumbm River Constructors IUP Planning Case 2006-28 August 1, 2006 Page 4 of 10 The contractor proposes to haul fill to the site via Audubon and Bluff Creek Drive. Bluff Creek Drive is a 28-foot wide street within a 66-foot wide right of way. West Farm Road, a 20-foot wide private road, lies to the south of the site. The plan does not indicate where trucks would enter and exit the site. The 2005 traffic counts for Bluff Creek Drive indicate that there are 3,785 trips/day on this street, approximately equally split between north and southbound traffic. Given the existing traffic volumes on this road and the width of the street, traffic control should include "rruck Hauling" signs along the roadway and flag -persons to control traffic where vehicles enter and exit the site. The contractor anticipates that the hours of operation will be between 7 a.m. and 5 p.m., but that the hours are "flexible". Staff does not support flexible hours at this location since the site is in a residential area and reasons that hours of operation between 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on holidays is more appropriate. These hours would restrict hauling during rush hour traffic. The City's engineering consultant, Kimley Horn, has determined that the proposed grading is in accordance with Chapter 7, Article Il of the City Code and does not significantly alter the drainage pattern. Staff s concerns with this proposal are the same as those for 1425 Bluff Creek Drive. In addition to these concerns, the proposed fill does not blend well into the existing landscape in that the fill would essentially make a hill on a relatively flat area. Staff is also concerned about the close proximity of the fill operations to Bluff Creek Inn located 100 feet away from the proposed grading operation. Due to the complexity and uniqueness of the natural features on and surrounding Site 2, it is recommended that the utmost caution be exercised prior to any work being completed in this area. In the review of this proposal, the City consulted with representatives from the Minnesota Pollution Control Agency, Minnesota Department of Natural Resources and a consultant who is evaluating groundwater patterns in this area. The proposed fill site is adjacent to the Seminary Fen wetland complex. The Seminary Fen and nearby Assumption Creek are classified as Outstanding Resource Value Waters ("ORVW") by the State of Minnesota. For this reason, the project will require an amendment to the existing NPDES Phase IT Construction Permit and Storm Water Pollution Prevention Plan (SWPPP) for the Trunk Highway 212 project from the Minnesota Pollution Control Agency. The project may also require review and/or permitting by the Minnesota Department of Natural Resources. The applicant must obtain all necessary approvals from the MPCA and MDNR prior to commencing any work on Site 2 (Hesse Southern Property). An undisturbed wetland buffer of native vegetation 35 to 100 feet in width (with a minimum average of 50 feet) must be maintained around any pristine wetlands (Seminary Fen wetland complex). All structures must maintain a setback of at least 100 feet from the wetland edge. Zumbro River Constructors IIIP Planning Case 2006-28 August 1, 2006 Page 5 of 10 The proposed work on this site would entail raising existing elevations across most of the property by bringing in between 2 and 30 feet of fill material. Due to the nature of the soils on this site, it is likely that significant compaction of underlying soil material would result. This could interrupt existing groundwater flows in the area that contribute to the hydrology of the Seminary Fen, Assumption Creek and/or the associated wetland complex. In addition, it could result in displacement of soils into adjacent wetland areas, resulting in the effective filling of wetlands. Prior to placement of fill on Site 2 (Hesse Southern Property), the applicant should submit soil coring data from several locations on the site to the City for its review. The City will review the data to determine the presence and/or extent of compressible soils prior to work commencing. The proposed swale along the east side of the project will concentrate flows and increase velocities prior to stormwater runoff leaving the site in the southeast corner. The applicant should demonstrate that the proposed swale will not cause erosion in this area or alter its hydrology. The approval of any work on this site should be subject to finding no adverse environmental impact to the Seminary Fen, Assumption Creek and/or the associated wetland complex. Staff recommends denial of the Interim Use Permit for this site. Should the Planning Commission recommend approval of the IUP, staff recommends that the following conditions be added as well as recommended conditions of approval 4 —10 from Site 3: 1. "Truck Hauling" signs posted at each end of Bluff Creek Drive. 2. Flag -persons must be on -site during trucking operations. 3. Bluff Creek Drive must be scraped and swept daily. 4. A $4,500 escrow must be posted to guarantee the replacement of Bluff Creek Drive curb and gutter and pavement that is damaged due to the trucking operations at this site. 5. Hours of operations shall be 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on holidays. 6. The site access must be clearly shown on the plan. 7. No fill shall be placed within the Bluff Creek Drive right-of-way. 8. The applicant shall obtain an amendment to the existing NPDES Phase II Construction Permit and Storm Water Pollution Prevention Plan (SWPPP) for the Trunk Highway 212 project from the Minnesota Pollution Control Agency. The applicant shall obtain all necessary approvals from the MPCA and MDNR prior to commencing any work on Site 2 (Hesse Southern Property). 9. An undisturbed wetland buffer of native vegetation 35 to 100 feet in width (with a minimum average of 50 feet) shall be maintained around any pristine wetlands (Seminary Fen wetland complex). All structures shall maintain a setback of at least 100 feet from the wetland edge. 10. Prior to placement of fill on Site 2 (Hesse Southern Property), the applicant shall submit soil coring data from several locations on the site to the City for its review. The City shall review the data to determine the presence and/or extent of compressible soils prior to work commencing. 11. The applicant shall demonstrate that the proposed swale will not cause erosion in this area or alter its hydrology. Zumbro River Constructors IUP Planning Case 2006-28 August 1, 2006 Page 6 of 10 12. The approval of any work on this site shall be subject to finding no adverse environmental impact to the Seminary Fen, Assumption Creek and/or the associated wetland complex. Site 3. The proposal includes placement of 30,000 cubic yards of fill within a low-lying area of the Klingelhutz property. The maximum depth of fill is approximately 27 feet. The fill will be brought to the site overland through the existing Highway 212/312 construction corridor. Overland hauling must utilize the existing creek crossing for the Bluff Creek Drive realignment. Heavy equipment will not utilize City streets to access this site. No fill shall be placed within the Bluff Creek Drive right-of-way. The application states that the hours of operation will be between 7 a.m. and 5 p.m., but that the hours are "flexible". Staff does not support flexible hours at this location since the site is in a residential area and recommends that the hours of operation be between 7:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on holidays. These hours are consistent with the construction hours in new developments. The City's engineering consultant, Kimley Horn, has determined that the proposed grading is in accordance with Chapter 7, Article II of the City Code and does not alter the drainage pattern. The applicant should review proposed slopes and runoff velocities for the site and provide additional rock checks as an erosion control mechanism if needed. Rock checks proposed within the right-of-way for Bluff Creek Drive must be reviewed and approved by the City prior to installation. WETLANDS Existing Wetlands It appears that the sites may contain or be adjacent to jurisdictional wetlands. Each site should be examined by a professional wetland delineator to determine whether jurisdictional wetlands exist on -site or within 150 feet of the proposed fill. Any wetlands that are identified should be delineated, then reviewed by the City prior to any work commencing on -site. If the delineation shows the proposed project to include wetland impact, the applicant must obtain a wetland alteration permit from the City prior to wetland impacts occurring. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) must be maintained around any ag/urban wetlands. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures must maintain a setback of at least 40 feet from ag/urban wetland buffer edges. Zumbro River Constructors IUP Planning Case 2006-28 August 1, 2006 Page 7 of 10 Wetland Replacement Wetland replacement must occur in a manner consistent with the wetland alteration permit and the Minnesota Wetland Conservation Act (MR 8420). Erosion and Sediment Control Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: TyW of Slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Silt fence should be installed at the base of all proposed slopes in accordance with Chanhassen Standard Detail Plate 5300. A rock construction entrance meeting the specifications of Chanhassen Standard Detail Plate 5301 should be installed where truck traffic will enter and exit Bluff Creek Drive. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. Wimco-type inlet protection should be installed in accordance with Chanhassen Standard Detail Plate 5302A in all catch basins within 200 feet of the proposed project sites and maintained as needed. The construction plans should be revised to show the locations of the proposed silt fence, rock construction entrances and Wimco-type inlet protection and to include Chanhassen Standard Detail Plates 5300, 5301 and 5302A. OTHER AGENCIES The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources, Minnesota Department of Transportation) and comply with their conditions of approval. Zumbro River Constructors should apply for and receive an amendment to their existing NPDES Phase II Construction Permit for the Trunk Highway 212 project from the Minnesota Pollution Control Agency to incorporate a storm water pollution prevention plan for these sites. LANDSCAPING AND TREE PRESERVATION On Lot 1, Block 1 Hesse Farm 2°d all trees shown as remaining shall be protected by tree preservation fencing. The fencing must be installed prior to any activity on site and be located at the dripline. Silt fence shall be installed so that the trees are excluded from the grading area. Zumbro River Constructors IUP Planning Case 2006-28 August 1, 2006 Page 8 of 10 RECOMMENDATION Staff recommends that the City Council Planning CewAniss adopt the following two motions and adoption of the attached findings of facts and recommendations: A. "The Chanhassen City Council denies Planning Case #06-28 for Interim Use Permits to grade and fill properties identified as Sites 1 and 2 in this staff report." B. "The Chanhassen City Council approves Planning Case #06-28 for Interim Use Permits to grade and fill Site 3 in conformance with the grading plans prepared by Zumbro River Constructors for the site, subject to the following conditions: 1. Overland hauling must utilize the existing creek crossing for the Bluff Creek Drive realignment. 2. No fill shall be placed within the Bluff Creek Drive right-of-way. 3. Hours of operations are 7:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on holidays. 4. Each site shall be examined by a professional wetland delineator to determine whether jurisdictional wetlands exist on -site or within 150 feet of the proposed fill. Any wetlands that are identified shall be delineated, then reviewed by the City prior to any work commencing on -site. If the delineation shows the proposed project to include wetland impact, the applicant shall obtain a wetland alteration permit from the City prior to wetland impacts occurring. 5. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around any ag/urban wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. All structures shall maintain a setback of at least 40 feet from ag/urban wetland buffer edges. 6. Wetland replacement, if necessary, shall occur in a manner consistent with the wetland alteration permit and the Minnesota Wetland Conservation Act (MR 8420). 7. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Tvae of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days Zumbro River Constructors IUP Planning Case 2006-28 August 1, 2006 Page 9 of 10 These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 8. Silt fence shall be installed at the base of all proposed slopes in accordance with Chanhassen Standard Detail Plates 5300. A rock construction entrance meeting the specifications of Chanhassen Standard Detail Plate 5301 shall be installed where truck traffic will enter and exit Bluff Creek Drive. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. Wimco-type inlet protection shall be installed in accordance with Chanhassen Standard Detail Plate 5302A in all catch basins within 200 feet of the proposed project sites and maintained as needed. The construction plans shall be revised to show the locations of the proposed silt fence, rock construction entrances and Wimco-type inlet protection and to include Chanhassen Standard Detail Plates 5300, 5301 and 5302A. 9. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources, Minnesota Department of Transportation) and comply with their conditions of approval. Zumbro River Constructors shall apply for and receive an amendment to their existing NPDES Phase II Construction Permit for the Trunk Highway 212 project from the Minnesota Pollution Control Agency to incorporate a storm water pollution prevention plan for these sites. 10. The applicant should review proposed slopes and runoff velocities for the site and provide additional rock checks as an erosion control mechanism if needed. Rock checks proposed within the right-of-way for Bluff Creek Drive must be reviewed and approved by the City prior to installation. ATTACHMENTS 1. Findings of Fact and Recommendation approval 2. Findings of Fact and Recommendation denial 3. Site 1: a. Development Review Application b. Chanhassen Grading Permit Q & A c. 7.5 Minute Map d. Grading Plan e. Grading Profiles 4. Site 2: a. Development Review Application b. Chanhassen Grading Permit Q & A c. Abstract of Title d. 7.5 Minute Map e. Grading Plan Zumbro River Constructors IUP Planning Case 2006-28 August 1, 2006 Page 10 of 10 f. Grading Profiles 5. Site 3: a. Development Review Application b. Chanhassen Grading Permit Q & A c. Erosion Control Plat No. 5302B d. 7.5 Minute Map e. Grading Plan f. Grading Profiles 6. Affidavit of Mailing Notice gAplan\2006 planning cases\06-28 zumbro river constructors 312\staff report za nbro.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,1v1INNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Zumbro River Constructors for an Interim Use Permit to provide fill in southern Chanhassen — Planning Case 06-28. On August 1, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Zumbro River Constructors for an interim use permit for the property located at 1560 Bluff Creek Drive. The Planning Commission conducted a public hearing on the proposed interim use 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 properties is currently zoned Agricultural Estate District, A2. 2. The property is guided by the Land Use Plan for Residential — Low Density and Parks and Open Space. 3. The legal description of the properties is: Site 3: The SW quarter of the SW quarter of Section 26, Township 116, Range 23 West, north of Bluff Creek Drive. 4. The proposed grading and filling operations: a. Will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city since the hours of operation will be limited, the duration of the grading will be limited, appropriate erosion control measures will be installed and maintained, and the sites will be re -vegetated immediately after completion of the grading operations. b. Will be consistent with the objectives of the city's comprehensive plan and the zoning ordinance as well as meeting the standards for grading in Chapter 7 of the Chanhassen City Code. 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 since the sites will be restored to their original vegetative state. d. Will not be hazardous or disturbing to existing or planned neighboring uses since the hours of operation will be limited, the duration of the grading will be limited, appropriate erosion control measures will be installed and maintained, and the sites will be re -vegetated immediately after completion of the grading operations. 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. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 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, odors, rodents, or trash since the hours of operation will be limited, the duration of the grading will be limited, appropriate erosion control measures will be installed and maintained, and the sites will be re -vegetated immediately after completion of the grading operations. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area since the sites will be restored to their original vegetative state. k. Will not depreciate surrounding property values. Will meet standards prescribed for certain uses as provided in the zoning ordinance as well as meeting the standards for grading in Chapter 7 of the Chanhassen City Code.. 5. The planning report #06-28 dated August 1, 2006, prepared by Robert Generous, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the interim use permit for Site 3 (Kbngelhutz). ADOPTED by the Chanhassen Planning Commission this lat day of August, 2006. CHANHASSEN PLANNING CONMSSION P" Its Chairman g:\plan\2006 planning cases\06-28 zumbro river constructors 312\findings of facndoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION OF DENIAL Application of Zumbro River Constructors for an Interim Use Permit to provide fill to two sites in southern Chanhassen — Planning Case 06-28. On August 1, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Zumbro River Constructors for an interim use permit for the properties located at 1425 Bluff Creek Drive and south of the Hennepin County Regional Rail Corridor and Bluff Creek Drive. The Planning Commission conducted a public hearing on the proposed interim use 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 The properties is currently zoned Agricultural Estate District, A2 (Site 2) and Rural Residential District, RR (Site 1). 2. The property is guided by the Land Use Plan for Residential — Large Lot and Parks and Open Space. 3. The legal description of the properties are: Site 1: Lot 1, Block 1, Hesse Farm 2"d Addition and a portion of Lot 2, Block 1, Hesse Farm 2°d Addition. Site 2: The SW i/s of the NE i/4 of the Section 35, Township 116, Range 23 West, Southwest of Bluff Creek Drive and South of the Hennepin County Regional Rail Corridor. 4. The proposed grading and filling operations consisting of 35,000 cubic yards of fill for Site 1 and 90,000 cubic yards of fill for Site 2: a. Will be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Existing traffic on Bluff Creek Drive is approximately 3,700 trips per. The only access to the sites is via Bluff Creek Drive. Bluff Creek Drive is a 28-foot wide street within a 66-foot wide right-of-way with one lane of traffic in each direction. Trucks entering and exiting the site will require the entire street width to complete the turn. This will block the street in both directions for the duration of the turn, closing down the road. Due to the residential nature of the area, the hours of operation would be limited to 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on Sundays or holidays. Truck capacity is approximately 10 cubic yards per load. Hauling activities will degrade traffic to an unacceptable level: Summary Table: Moe/Hess Hess property Moe/Hess and property only only Hess properties 7 am — 6 pm Monday -Friday 47.1 trips/hour for 9 am -5 pm Saturday 18.5 trips/hour 28.6 trips/hour 3 weeks (Regular hours within time for 3 weeks for 5 weeks 28.6 trips/hour for frame stated in application) 2 additional weeks 9 am — 3 pm Monday -Friday 47.1 trips/hour for 9 am -5 pm Saturday 5 weeks (Recommended hours at the 18.5 trips/hour 28.6 trips/hour 28.6 trips/hour for hauling rate for the above for 5 weeks for 8.3 weeks 3.3 additional scenario) weeks 9 am — 3 pm Monday -Friday 77.7 trips/hour for 9 am -5 pm Saturday 30.7 trips/hour 47 trips/hour 3 weeks (Recommended hours within the for 3 weeks for 5 weeks 47 tripsthour for 2 time frame stated in application) additional weeks Moe/Hess property only: 35,000 cy + 10 cy/load = 3,500 trips 1) If 7 am to 6 pm Monday -Friday, 9 am-5 pm Saturday (regular construction hours, 63 hours/week) for three weeks: 63 hours/week x 3 weeks =189 hours of hauling 3,500 trips =189 hours =18.5 trips/hour This would result in stopping traffic once every three minute for three weeks. 2) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), 18.5 trips/hour: 18.5 trips/hour x 38 hours/week = 703 trips/week 3,500 trips = 703 trips/week = 5.0 weeks 2 This would result in stopping traffic once every other minute for over three weeks. 3) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), for three weeks: 38 hours/week x 3 weeks = 114 hours of hauling 3,500 trips + 114 hours = 30.7 trips/hour This would result in stopping traffic every minute for three weeks. Hess Property (Site 2) only: 90,000 c.y. + 10 cy/trip = 9,000 trips 1) If 7 am to 6 pm Monday -Friday, 9 am-5 pm Saturday (regular construction hours, 63 hours/week) for 5 weeks: 63 hours/week x 5 weeks = 315 hours of hauling 9,000 trips + 315 hours = 28.6 trips/hour This would result in stopping traffic once every other minute for five weeks. 2) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), 28.6 trips/hour: 28.6 trips/hour x 38 hours/week = 1,086.8 trips/week 9,000 trips + 1,086.8 trips/week = 8.3 weeks This would result in stopping traffic once every other minute for over eight weeks. 3) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week) for five weeks: 38 hours/week x 5 weeks = 190 hours of hauling 9,000 trips = 190 hours = 47 trips/hour This would result in stopping traffic almost once every minute for 5 weeks. Moe/Hess and Moe properties (cumulative effect if both were approved): 1) If 7 am to 6 pm Monday -Friday, 9 am-5 pm Saturday (regular construction hours, 63 hours/week): 18.5 trips/hour + 28.6 trips/hour = 47.1 trips/hour for three weeks 28.6 trips/hour for two weeks additional 2) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), maintaining the same rate of hauling shown in a): 18.5 trips/hour + 28.6 trips/hour = 47.1 trips/hour for five weeks 3 28.6 trips/hour for 3.3 weeks additional 3) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), maintaining same timeframe listed in application: 30.7 trips/hour + 47 trips/hour = 77.7 trips/hour for three weeks 47 trips/hour for two weeks additional b. Will be inconsistent with the objectives of the city's comprehensive plan in that traffic operations will be significantly degraded and significant natural resources will be impacted. There are several significant trees within the fill area of Site 2 that would be removed with the proposed grading operation. The fill on Site 3 could interrupt existing groundwater flows in the area that contribute to the hydrology of the Seminary Fen, Assumption Creek and/or the associated wetland complex C. Will not be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will change the essential character of that area by altering Site 2 by adding between 2 and 30 feet of fill and increases the slope adjacent to the wetland. d. Will be disturbing to existing neighboring uses since the truck traffic will increase existing traffic of 3,700 trips per day by between 290 and 300 trips per day and must access the sites via Bluff Creek Drive, which is a 28-foot wide roadway, and would close Bluff Creek Drive for turns into the sites. e. Will not served adequately by city streets, which is only 28-foot wide street. f. Will create excessive requirements for public streets and will be detrimental to the economic welfare of the community. g. Will involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property which create traffic congestion or interfere with traffic or surrounding public thoroughfares requiring the closing down of the road. Will potentially result in the destruction, loss or damage of natural features of major significance. There are several significant trees within the fill area of Site 1 that would be removed with the proposed grading operation. El The proposed fill on Site 2 is adjacent to the Seminary Fen wetland complex. The Seminary Fen and nearby Assumption Creek are classified as Outstanding Resource Value Waters ("ORVW") by the State of Minnesota. Due to the nature of the soils on this site, it is likely that significant compaction of underlying soil material would result. This could interrupt existing groundwater flows in the area that contribute to the hydrology of the Seminary Fen, Assumption Creek and/or the associated wetland complex. j. Will be aesthetically incompatible with the area since the grading operation will remove existing vegetation on the site or significantly alter the site elevations, creating steep slopes and concentrated runoff. k. Will not depreciate surrounding property values. Will not meet standards prescribed for certain uses as provided in the zoning ordinance. 5. The planning report #06-28 dated August 1, 2006, prepared by Alyson Fauske, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council deny the interim use permits for Sites 1 and 2 (Moe and Hesse). ADOPTED by the Chanhassen Planning Commission this 1" day of August, 2006. CHANHASSEN PLANNING COMMISSION IM Its Chairman giplant2006 planning casest06-28 zumbro river constructors 312\1indings of fact denial.doc CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Name and Address: aw.1%6ta X Ve. L2 " G/.�.ckd MN S53/A Contact: Phone:6/2-6R5-S2B9 Fax:9s�-.468-s8o Email: Planning Case No. 0to � O Owner Name and Address: 8. A Mem k �1d�ld Ness lif EP _ M SS 3hl Contact: 3L d Mgt Phone: 952- 937- 9913 Fax: Email: A..s,4 . z. 49 vn Am- Ca'b- _- 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) 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** - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTALFEE 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. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" 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. SCANNED PROJECT NAME: LOCATION: MIS g j . ff Gratl4 � r Jr�2 LEGAL DESCRIPTION: TOTALACREAGE WETLANDS PRESENT: YES NO PRESENT ZONING: A„ 2 REQUESTED ZONING: A.Z PRESENT LAND USE DESIGNATION: Rya; d e.�C.-n — /Jw u.a Do'-.S.- e REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: 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 d Dat>t ture of Fk—TMrmr Date GApLANVorms0evelopment Review Applio tion.DOC Rev. 12105 SCAN140 PARCEL THAT INCLUDES ADDITIONAL 2 ACRES THAT INCLUDES THE FARMSTEAD: All of Lot 1, Block 1, THE HESSE FARM 2ND ADDITION and All that part of Lot 2, Block 1, THE HESSE FARM 2ND ADDITION, according to the duly recorded plat thereof, described as follows: Beginning at the most easterly corner of said Lot 2; thence run southwesterly along the southeasterly line thereof for a distance of 207.00 feet on an assumed bearing of South 55 degrees 09 minutes 03 seconds West; thence North 45 degrees 18 minutes 38 seconds West for a distance of 302.45 feet; thence North 300.00 feet more or less to the most northerly corner of said Lot 2; thence run southeasterly along the northeasterly line of said Lot 2 to the point of beginning. 21.76 CRES PA LOW RAILROAD BOTTOM OF HILL: =77-CARVER COU EL # 25.0350500 21.76 ACRES in East orthwest 1/4 & in'Sort t 1/4 of Northeast 1/4 EXC P/O Nort ction 35 Described as: Commencin rthwest Corner North 1/ a outh 86 degrees East along North line N1/2 10 ECANNEO Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Section 7-35 Applications for Earth Work Permits Q: The name and address of the operator and owner of the land. A: Operator: Zumbro River Constructors 312 Lake Hazeltine Drive, Suite 100 Chaska, MN, 55318 Ph:952-368-5600 Cell:612-685-5289 Owner: Brad Moe and Harold Hesse 14372 Westridge Drive Eden Prairie, MN 55347 Q: The correct legal description of the property where the activity is proposed to occur. A: 1425 Bluff Creek Drive, Chanhassen MN, 55318 Carver County; Township 116 North, Range 23 West, Section 35 (NE V4, of SW '/4) All of Lot 1 Block 1, The Hesse Farm 2nd Addition and all that Part of Lot 2, Block 1, The Hesse Farm 2nd Addition. Q: A certified abstract listing the names of all landowners owning property within 500 feet of the boundary of the property described above. A: City personnel expressed that this is done by the City Q: Provide the following: a. Proposed Grading Plan - Answer ; provided herein b. Proposed Stockpile Sites - Answer; Not Applicable, except for topsoil which will be replaced in a couple of weeks. c. The physical relationship of the proposed designated site to the community and existing development - Answer; See attached 7.5 minute map. d. Site topography and natural features including location of watercourses and water bodies - Answer; See grading plan, Secondly, no watercourses or bodies of water are lie within the area of this grading plan. e. The description and quantity of material to be excavated - Answer; No excavation is required, approximately 35,000 cubic yards of material will be placed as fill. f. The depth of water tables throughout the area. Answer - Water table is more than 15' below grade. g. The location and depth of wells and buried garbage, water, and fill. Answer - Not applicable, there are no wells, buried garbage, water, fill, etc in this area. ZUMBRO RIVER CONSTRUCTORS SCAH"-o Chanhassen Grading Permit Q&A Job No. Klingeihutz Grading Permit Application Q: The purpose of the Operation? Date: June 29, 2006 A: The property owners would like to receive some fill materials to fill in a low area adjacent to their corral and pasture. Q: The estimated time required to complete the operation A: Approximately three weeks. ZRC generally moves over 4,000 cubic yards of material per day by truck alone. Q: Hours and months of operation A: Hours of operation are between lam and 5pm but are flexible. Month of operation will depend on the approval of the permit, but we are predicting sometime in August, September or October of 2006. Q: A tree survey indicating the location and type of all trees over 6 inches in caliper. A: See attached grading plan. Q: An end use landscape plan and interim screening plan for the operation period. A: Not applicable due to the short duration of the activity. Landscaping will be re-established to the original condition, i.e. a hay field. Seed will be picked by the owner. Q: The plan of operation, including processing, nature of the processing and equipment, location of the plant source of water, disposal of water and reuse of water. A: Not applicable, should not use any water, except for dust control and compaction. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Khngelhutz Grading Permit Application Date: June 29, 2006 Q: Travel routes to and from the site and the number and type of trucks that will be used. A: Fill will be placed with trucks from the Hwy 212 project coming from Audubon/New 212 Intersection. This haul will minimize the amount of hauling in the Chanhassen area. Q: Plans for drainage, erosion control, sedimentation and dust control. A: Drainage patterns are not being altered. Erosion control will be provided in accordance with Chanhassen, Bluff Creek Watershed and MnDot standards. In the event the standards conflict with one another, the more stringent standard will apply. Standard erosion control measures such as silt fence and rock checks are shown on the plan. Area will be permanently seeded and mulched within 7 days of completion of the grading. Applicant will install the erosion control measures per the standard City of Chanhassen plates attached. Q: Restoration Plan: A: Area will be restored to a hayfield per the contours and x-sections shown on the grading plan. Q: Provide the contour of the land prior to excavation and proposed contours after completion of excavation and after completion of restoration. A: See Grading Plan Q: Those areas of the site to be used for storage of topsoil and overburden. A: Topsoil will be stockpiled around the perimeter of the grading area for a short term duration of approximately one week. Q: A schedule setting forth the timetable for excavation of land lying with the extraction facility. A: Approximately three weeks of a filling operation, no excavation should be necessary. ZUMBRO RIVER CONSTRUCTORS :CANNED Chanhassen Grading Permit Q&A Job No. HIingelhutz Grading Permit Application Date: June 29, 2006 Q: The grade of all slopes after restoration, base upon proposed land uses and description of the type and quantity of plantings where revegetation is to be conducted. A: See grading plan and cross sections. Area will be reseeded using a hay mix identified by the owner. Q: A statement identifying the applicant's program to insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. A: The applicant for this project is Zumbro River Constructors whom are responsible for the construction of the new Hwy 212 project. As part of this project, ZRC has numerous environmental compliance personnel who can respond to any environmental or permit issues. Additionally, public complaints will be heard and responded through our public relations department. The contact person is Paige Andrews, Phone 612-685-3954. If this person is not available, please contact the Segment Manager for this area who is Mike MacArthur, Cell 612-685-5289. Q: Provide the criteria and standards to be used to achieve final restoration as wells as intermittent stabilization. A: The area will be re-established to a hay field unless the City of Chanhassen has other requirements we are not aware of. Due to the short duration of the project, intermittent stabilization other than the erosion control shown on the grading plan should not be necessary. Q: Provide, unless exempt under Minnesota Rules, an environmental assessment worksheet, if required by the City. A: To our knowledge this is not required for this application. Q: Provide a wetland alteration permit, if require by the City Code, which shall be processed concurrently with the excavation permit application. A: No wetlands are affected by this application. ZUMBRO RIVER CONSTRUCTORS SCANNEP Chanhassen Grading Job No. Mingelhutz Grading Permit Application ZUMBRO RIVER CONSTRUCTORS V J 0 • • n � l • � W 1d l d •O CL • I� � 1 M r i • Station2+00.00 Horizontal scale is i" - 30ft Vertical scale is i" - 10ft Center line Coordinates N - 164845.5327 E - 554270.6360 Bearing of cross section - S34 48*0i"E 920 910 900 890 880 ➢C W NEO Station4+50.00 Horizontal scale is 1" = 30ft Vertical scale is 1" = 10ft Center line Coordinates N = 164988.2122 E = 554475.9225 B f sectionS3 Q earing 10 DO o cross 4 48 01"t QFFSFT +50.00 PROPOSED al CY I a I CY, a I a cc PROPOSED HOT 4-25 SHOTS 4- 5 920 910 m raav rAww rAmv raw vuw rwv v uw uv ov uev v.+v u... caw scwneu CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION YKIK 1 Applicant Name and Address: 912 A—mo Ste:+e /oo C/,n� icQ r /YrN .SS?/A Contact: M:k� Mo-cA.�h....r Phone: 612_ ARSS299 Fax:9a2- 968 -S6B0 Email: Planning Case No. CC -A Owner Name and Address: Nn..,sfd llessm 1'FAS el.._%C G.timK Contact: ,nd Mee. Phoneyc2_027-h/3 Fax: Email: A admas&V r 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) 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' - $50 CUP/SPR/VAC/VAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE 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. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" 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. {CANNt:D PROJECT NAME: Map- F'// 5.-4e_ *2 LOCATION: LEGAL DESCRIPT'IION:/ G Yu ` {(�1 TOTAL ACREAGE: 2 I as en WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: ne r- kf n 11 2 A2 PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: VP REASON FOR REQUEST: This application must be completed in full and be typewritten or dearly 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. ,?;t y� 4.1-- O D Signature of Applicant Dale mod( Signature o Fee Owner Date G.\pLAN\forms\Development Review Application.DOC Rev. 12105 !CANNED FARMSTEAD: All of Lot 1, Block 1, THE HESSE FARM 2ND ADDITION and All that part of Lot 2, Blo 1, THE HESS ARM 2ND ADDITION, according to the duly recorded plat thereo , escrib as follows: Beginning at the most a erly rner of said Lot 2; thence run southwesterly along a southeas line thereof for a distance of 207.00 feet on an assu bearing of South egrees 09 minutes 03 seconds West; thence orth 45 degrees 18 minutes seconds West for a distance of 02.45 feet; thence North 300.00 fee ore or less to the most norther) corner of said Lot 2; thence run southeaste long the nort asterly line of said Lot 2 to the point of beginning. 21.76 ACRES PARCEL BELOW RAILROAD TRACKS, BOTTOM OF HILL: CARVER COUNTY TAX PARCEL # 25.0350500 21.76 ACRES in East 1/2 of Northwest 1/4 & in Southwest 1/4 of Northeast 1/4 EXC P/O North 1/2 Section 35 Described as: Commencing at Northwest Corner North 1/2 thence South 86 degrees East along North line N1/2 1084.33'. SCANNED Chanhassen Grading Permit Q&A Job No. lGingelhutz Grading Permit Application Date: June 29, 2006 Section 7-35 Applications for Earth Work Permits Q: The name and address of the operator and owner of the land. A: Operator: Zumbro River Constructors 312 Lake Hazeltine Drive, Suite 100 Chaska, MN, 55318 Ph: 952-368-5600 Cell: 612-685-5289 Owner: Brad Moe and Harold Hesse 14372 Westridge Drive Eden Prairie, MN 55347 Q: The correct legal description of the property where the activity is proposed to occur. A: 21.76 Acres Parcel below Railroad Tracks, Bottom of Hill, Carver County Tax Parcel #25.050500 21.76 Acres in East '/a of Northwest 'Ain Southwest Y4 of Northeast '/4 EXC P/ O North '/2 Section 35, Described as: Commencing a Northwest Corner North '/a thence South 86 degrees East along North line N1/2 1084.33 Q: A certified abstract listing the names of all landowners owning property within 500 feet of the boundary of the property described above. A: City personnel expressed that this is done by the City Q: Provide the following: a. Proposed Grading Plan - Answer ; provided herein b. Proposed Stockpile Sites - Answer; Not Applicable, except for topsoil which will be replaced in a couple of weeks. c. The physical relationship of the proposed designated site to the community and existing development - Answer; See attached 7.5 minute map. d. Site topography and natural features including location of watercourses and water bodies - Answer; See grading plan, Secondly, no watercourses or bodies of water are lie within the area of this grading plan. e. The description and quantity of material to be excavated - Answer; No excavation is required, approximately 90,000 cubic yards of material will be placed as fill. f. The depth of water tables throughout the area. Answer - Water table is more than 8' below grade. g. The location and depth of wells and buried garbage, water, and fill. Answer - Not applicable, there are no wells, buried garbage, water, fill, etc in this area. ZUMBRO RIVER CONSTRUCTORS I.!-?X 4- Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Q: The purpose of the Operation? A: The property owners would like to receive some fill materials to fill in a low farmland hay field. Q: The estimated time required to complete the operation A: Approximately five weeks. ZRC generally moves over 4,000 cubic yards of material per day by truck alone. Q: Hours and months of operation A: Hours of operation are between 7am and 5pm but are flexible. Month of operation will depend on the approval of the permit, but we are predicting sometime in August, September or October of 2006. Q: A tree survey indicating the location and type of all trees over 6 inches in caliper. A: See attached grading plan. Q: An end use landscape plan and interim screening plan for the operation period. A: Not applicable due to the short duration of the activity. Landscaping will be re-established to the original condition, i.e. a hay field. Seed will be picked by the owner. Q: The plan of operation, including processing, nature of the processing and equipment, location of the plant source of water, disposal of water and reuse of water. A: Not applicable, should not use any water, except for dust control and compaction. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Q: Travel routes to and from the site and the number and type of trucks that will be used. A: Fill will be placed with trucks from the Hwy 212 project coming from Audubon/New 212 Intersection. Trucks will travel from the Audubon/New 212 Intersection down Bluff Creek Drive to the fill location. This haul will minimize the amount of hauling in the Chanhassen area. Q: Plans for drainage, erosion control, sedimentation and dust control. A: Drainage patterns are not being altered. Erosion control will be provided in accordance with Chanhassen, Bluff Creek Watershed and MnDot standards. In the event the standards conflict with one another, the more stringent standard will apply. Standard erosion control measures such as silt fence and rock checks are shown on the plan. Area will be permanently seeded and mulched within 7 days of completion of the grading. Applicant will install the erosion control measures per the standard City of Chanhassen plates attached. Q: Restoration Plan: A: Area will be restored to a hayfield per the contours and x-sections shown on the grading plan. Q: Provide the contour of the land prior to excavation and proposed contours after completion of excavation and after completion of restoration. A: See Grading Plan Q: Those areas of the site to be used for storage of topsoil and overburden. A: Topsoil will be stockpiled around the perimeter of the grading area for a short term duration of approximately one week. Q: A schedule setting forth the timetable for excavation of land lying with the extraction facility. A: Approximately five weeks of a filling operation, no excavation should be necessary. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Q: The grade of all slopes after restoration, base upon proposed land uses and description of the type and quantity of plantings where revegetation is to be conducted. A: See grading plan and cross sections. Area will be reseeded using a hay mix identified by the owner. Q: A statement identifying the applicant's program to insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. A: The applicant for this project is Zumbro River Constructors whom are responsible for the construction of the new Hwy 212 project. As part of this project, ZRC has numerous environmental compliance personnel who can respond to any environmental or permit issues. Additionally, public complaints will be heard and responded through our public relations department. The contact person is Paige Andrews, Phone 612-685-3954. If this person is not available, please contact the Segment Manager for this area who is Mike MacArthur, Cell 612-685-5289. Q: Provide the criteria and standards to be used to achieve final restoration as wells as intermittent stabilization. A: The area will be re-established to a hay field unless the City of Chanhassen has other requirements we are not aware of. Due to the short duration of the project, intermittent stabilization other than the erosion control shown on the grading plan should not be necessary. Q: Provide, unless exempt under Minnesota Rules, an environmental assessment worksheet, if required by the City. A: To our knowledge this is not required for this application. Q: Provide a wetland alteration permit, if require by the City Code, which shall be processed concurrently with the excavation permit application. A: No wetlands are affected by this application. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 ZUMBRO RIVER CONSTRUCTORS 01 C�stri CARVER COUNTY MINNESOTA CAPTION The East half of the Northeast Quarter of Section 34, Township 116. Range 23, Carver County, Minnesota. Also that part of the Northwest Quarter of Section 35, in said Township and Range lying Northerly of the Northerly right of way line of the Chicago and Northwestern Transportation Company and < lying Westerly of the centerline of Bluff Creek Drive as dedicated in THE HESSE FARM, according to said plat on file and of record in the office of the County Recorder in said County. Except all that part of said Northwest Quarter embraced within HESSE'S BLUFF CREEK, according to said plat on file and of record in the office of the County Recorder in said county. Also that part of the Southwest Quarter of the Southwest Quarter of Section 26. and the Southeast Quarter of the Southeast Quarter of Section 27, in said Township and Range, which lies Southwesterly ofthe centerline of Bluff Creek Drive described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter of Section 26; thence South 89 degrees, 26 minutes 47 seconds East on an assumed bearing along the South line of said Southwest Quarter of the Southwest Quarter, a distance of 1049.12 feet to the centerline of said Bluff Creek Drive, which is the actual point of beginning of the centerline to be hereinafter described; thence North 50 degrees, 15 minutes, 46 seconds West, along said centerline a distance of 184.45 feet; thence North 47 degrees, 50 minutes, 10 seconds West, along said centerline a distance of 848.09 feet; thence North 43 degrees, 07 minutes, 29 seconds West, along said centerline, a distance of 501.95 feet; thence Northwesterly, a distance of 190.98 feet along said centerline on a tangential curve concave to the Southwest having a radius of 605.38 feet and a central angle of 18 degrees, 04 minutes, 31 seconds, thence North 61 degrees, 12 minutes, DO seconds West, along said centerline and tangent.to the last described curve, a distance of 326.65 feet; thence North- westerly and Westerly, a distance of 196.10 feet along said centerline on a tangential curve concave to the Southwest having a radius: of 406.25 feet and a central angle of 27 degrees, 39 minutes, 27 seconds and there terminating. 'is abstract at title is a hWM the record title of the property (Continued on next scribed therein and does not —� resent that the title is good I marketable.' _.;Cowt3ti:k�_ .COMPANY, INC.' by: C.d W. H,n,o.. Pm AGE 1 OF 2 PAGES SCANNED 05+5—ABSTRACT OF LAND TITLR. ABSTRACT OF T2T2�E. // �_ To flag follmwing Real Estate in County. State Of Kmd of�1-1 NOfL................. 4 FJN........_...............__..... �P....... '(/✓%QCCIy ton.aemmn s _ .. _........ _ e Boogk �9.�Page '� Snletl.._._......80. of wi,oe es_._.. . wieocm, TO D 1 .. .. /y Bf _.................___........ ......... ...... where..................... __.. _. .......... ................................................ &AhI....... ........... ....... ................ N Rind of Book ............ cvnow,enceo' TO Ua4......................... I//mom/// /�� Who ............................... Y orT%1�f-LGP Mom....... ................... ....... _.... ............ Whem............ ........................... Considendw t 6'�� O �+nrk B. ce<ognm. Pa A nawLmem. TO wlmm........................................ s<aIN................................. SCANNED "_w Pun. Co.. LTa=_k� ulna. ABSTRACT OF TITLE / To the foltowng Beat Estate in Cmn'e2 County, Miuossot¢ The West half of the North East quarter (W.1/2 of N. E. 1/74) of Section Thirty -Five (35) in Township One Hundred Sixteen (116) North, of Range Twenty-three (23) West, containing GO acres of land,more or less,excepting therefrom the right of way of the Minneapolis & St Louis Railway Co. The within abstract revised Oct. llth, 1947, so as to include In caption hereof the East Ralf of Northwest quarter (Ez o£ NW-) of Section Thirty five (35) Township one Hundred Sixteen (116) Range Twenty three (23) Etnd at ......Ffl•ry'Ol ��a4 YAl y 14.u�++�v(.(/I'�� At. .........�/.. .......... 1 ... coMdere Wn S........................ RECORDED. Rook'/ Pnga Ep Of NWy and senied...U.....No. of W1.. ..+.......TO ACXRO...... ............D, Dcte.................._....... ........ _. ✓ (/-�LrM. W"M ...�................. Q Detora 1. ............... I .......... VCh¢re_ ............................... ............................. sums ........................ Etna of t l..... NO 3 Data f At 1. (up. caasieernuon . ............ az. t RECORDED.••.•. soot P7 of NM, and sumo,... s.No. of wunoeec.. ✓... TO L(.(%� �� ✓c4 3�-!!6 - 2-3A 9 CRNOWLEDCED, wm................................. . I or pleca of ®na of m.ti w�.4,!!.u........ No.� ', loo feet wide extordinr arr �D:c:jyiai�:.,.krni..f..... aal:.+ - � ` from the E. side of SW, of to the W side of SE4 off i:W. ° At ................... ... �4.Cr., az.�� following: SWg of NE andand co�de�non t':js£Q. r...._....... / of NW' Sec. 35-116-2' Cent REcoRDEn, !/i 5,9 acres of land. Hook I PeBe r- n-� through the center of w- ._VIQKj......"". I.53." / strip belt or piece o pSeatea. �....Ne. oe wRnean.... To 3wCENOWLEDCED. -saidv�, wee e .............. Wbe„ ,"" ............. the center line of the Raj f........................................ - Co. as now located and to ...... '------ ' constructed' runs so as.. to leave one half being 50 ft width on ea�h„si8e--'of said center line. SCANNED �'.��/•. ABSTRACT OF TITLE ' -To J'ol�ozozrz°ghercl,Estate CountJ, State CC C/ / ` 4✓ CQi x /6) �e l%iKer/ �z3 � eov�aenuov' jfF�[s. _.-.Sr<is;S:y-c.i,l�s}i• � bao[ Sealed " l- TO .n. ul Witt,e..e., 0 lclnowleasy "t e t' 13.t' Nx vome�' q N�o�3bw co.aaet.uou. - � ATO . Aa eealen C C '' — rz e a\'-. Page Sealed SGANNFn The South East quarter of the -South East qua ter (S.E.1/4 of S.E.1/4) Exc>e 1.1/3 acres in North East Corner,prsviously deeded to A Simons by Deed,rec �z.--iri Book I of Deeds page 60. Also the East Half of the South West quarter of the South East quarter (E.1/2 of S.W.1/4 of S.E.1/4) all in Section Twenty Seven (27) in Township One hundred and Sixteen (116) Range Twenty three (23). ' Also the North West Section Thirty Four (34)tin Township One Hundred er of the North East 8andrSixteen/(116)4 of Nof•Rang .Twenty Three (23). Excepting therefrom 6 acres described as follows: Commencing at a post 36 rods East from the South West Corner of said N.W.1 I N.R.1/4 of said Section 34,thence running West to said S.W.Corner 36 ro thence North 54 rods to a post,thence Southeasterly to place of beginning, ff orming a triangle and containing 6 acres. The whole land above described containing 92.66/100 acres,more or less. MOTE First Paragraph Above shoulread: ' The South Ea s_t_guar_t er. of. t& South:East quarter•(SEE of SEQ) Except Deed, 1/3 acres in North East Corner, previously deeded to A. Simons b Deed, recorded in Book I of Deeds page 60. AI)cve correction made this 8th dry of May, 1961.at 4.Y.p1. l%Q�r,OLU � CARL lf. HA,�SOtJ Register of Deeds Carver County, Minnesota. s z7 6. C5 .23. SCAN N-- D ARVER COUNTY MINNESOTA �..�tGCCIJ.CE'lG,G9Z C A P T I O N All that part of the East Half of the Northeast quarter (EJ of NE9) of Section 35, Township 116 North of Range 23 West lying Northerly of the Minneapolis and St. Louis Railroad right of way, 5-t- 3 - I -23 COMPILED BY O. O. REKOW Register of Deeds and Abstractor CHASKA, MINNMOTA CARVER COUNTY, MINNESOTA C A P '" I 0 N Commencing at the Southwest corner of said Section 26; thence North along the West line thereof a distance of 440.71 feet to the point of beginning; thence North along said West line a distance of 446..82 feet- thence deflecting to the right at an angle of 441431 a distance of 48.15 feet to the center line of Carver Co. Road No. 114; thence Southeasterly along said center line of road a dis- tance of 425.7 feet• thence deflecting to the right at an angle of 86*15' a distance of 266.07 feet; thence deflecting to the right at an angle of 52°23' a distance of 151.56 feet to the point of beginning. Subject to a road right of way thereon. Containing 2 1/4 acres more or less. Above situate in theSWg of the SWi of Section 26, T-116N-R23W. �� COM PiLEO BY CARL W. F :TER OF. DEEDS CHASKA, MI` SCANNED fai�xC,L' RrA� � 'A P T 10 Y That part of the Southwest quarter of Southwest Quarter (Sly of Slip) of Section 26, Township 716, RanSe 23, described as follows: 3e;inning at the SW Corner of said': =; thence plorth along the ?Test line of said s distant 440.71 feet_: thence deflecting to the right 93* 211 distant 151.55 feet: thence deflectin? to the right 127-r. 371 distant 105.4 feet; thence deflecting to the lsft b1a 47t distant 383.0 feet more or leas to a point on the South line of said distant 220.0 feet East of said SW Corner; thence West along said. South line 220.0 feet to the point of beginning, containing 1.45 acres more or less.. dig �r� � _ '� '� r1\ � � � i��J �'. ii� )�I li Lak. 9twaa •�� r a k � �til)1 f I _'-® 1)� 1� v f=ra`•�- - I ... • i. ra+,,�F rye® --� -- I^.� �'l. ij �l o/lI.,o � I N � - ,�1 � / �� 'w NYxeu I # - •n ` K (?') ehl -, ¢ _ fake - n• ' 11 I- Li '!' :..i+t''fi 1�' �:, 0 iI _ a �w•a. 1 j ..�� I I •wnq;.�.f y� "l I ) •. llt jam^. o t - - 3.7 x s ' �j 0 Ll /- P,Pcsad ( DX Exam /oo SCALE gl, c, 4a. R.d �o�.io.v3 Trees -fo be Ra, oae-cl p,n, a Follows 7 Pgosofil _ TcPso;l $IooK�eJl¢� S"WNSs n LJ Station3+86.02 Horizontal scale is 1" = 40ft Vertical scale is 1" - 20ft Center line Coordinates N - 163148.6268 *1h 780 760 740 `F-14] SCANNLo Planning Case No. CL CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Name and Address: Owner Name andj� ddress: Auer 31A ,t,o_ L( Cy�lf,,. ck�ISIKA MN t '5.?/A Contact:_ M Ka M0-cAe*,k Ae Contact: Phone:6f2-GAS-d1A9 Fax: Phone: Phone: Fax: Email: ,.,,",_�, . -,•ri :,.�1, �,,,.�_ .. 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) Nonconforming 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) Variance (VAR) Welland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attomey Cost" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds -$450 Minor SUB TOTAL FEE $ 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. `Sixteen (16) full-size folded copies of the plans must be submitted, includ\ g an 8'/2" 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. SCANNED PROJECT N LOCATION: LEGAL DESCRIPTION: 0 TOTAL ACREAGE: A yenar 6,8 Ae.r-CS „ WETLANDS PRESENT: YES -__ NO PRESENTZONING: —;{¢`j AZ REQUESTED ZONING: PRESENT LAND USE REQUESTED LAND U: REASON FOR REQUEST: �To1..- Kl,,,e _1{,.y}L *6e A+o..e Alaao.s _ n ll r-n-y S0,000 4 'x of F'11 This application must be completed in full and be typewritten or dearly 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- 6 D to G:mPLANVO"s%Development Review Appi"lion.DOC Rev 12105 SCANNED Chanhassen Grading Permit Q&A Job No, Klingelhutz Grading Permit Application Date: June 29, 2006 Section 7-35 Applications for Earth Work Permits Q: The name and address of the operator and owner of the land. A: Operator: Zumbro River Constructors 312 Lake Hazeltine Drive, Suite 100 Chaska, MN, 55318 Ph:952-368-5600 Cell: 612-685-5289 Owner: John Klingelhutz 1560 Bluff Creek Chanhassen MN. 55318 Q: The correct legal description of the property where the activity is proposed to occur. A: 1560 Bluff Creek Drive, Chanhassen MN, 55318 _IV ( l,) fZ $ 14 1 Carver County; Township 116 North, Range 23 West, Section Q: A certified abstract listing the names of all landowners owning property within 500 feet of the boundary of the property described above. A: City personnel expressed that this is done by the City Q: Provide the following: a. Proposed Grading Plan - Answer ; provided herein b. Proposed Stockpile Sites - Answer; Not Applicable, material will not be stockpiled. c. The physical relationship of the proposed designated site to the community and existing development - Answer; See attached 7.5 minute map. d. Site topography and natural features including location of watercourses and water bodies - Answer; See grading plan, Secondly, no watercourses or bodies of water are lie within the area of this grading plan. e. The description and quantity of material to be excavated - Answer; No excavation is required, approximately 30,000 cubic yards of material will be placed as £ill. f. The depth of water tables throughout the area. Answer - Water table is more than 20' below grade. g. The location and depth of wells and buried garbage, water, and fill. Answer - Not applicable, there are no wells, buried garbage, water, fill, etc in this area. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Q: The purpose of the Operation? Date: June 29, 2006 A: John Klingelhutz would like to receive some fill materials to reduce the steepness of some of some of his pasture slopes. The area which will receive fill is approximately 6.8 acres in size. Q: The estimated time required to complete the operation A: Approximately one week time. ZRC generally moves over 20,000 cubic yards of material per day. Q: Hours and months of operation A: Hours of operation are between lam and 5pm but are flexible: Month of operation will depend on the approval of the permit, but we are predicting sometime in August, September or October of 2006. Q: A tree survey indicating the location and type of all trees over 6 inches in caliper. A: See attached grading plan. Q: An end use landscape plan and interim screening plan for the operation period. A: Not applicable due to the short duration of the activity. Landscaping will be re-established to the original condition, i.e. a hay field. Seed will be picked by the owner. Q: The plan of operation, including processing, nature of the processing and equipment, location of the plant source of water, disposal of water and reuse of water. A: Not applicable, should not use any water, except for dust control and compaction: Q: Travel routes to and from the site and the number and type of trucks that will be used. A: Fill will be placed with scrapers which will cross the new Hwy 212 alignment and access Mr. Klingethutz's property without going on public roads. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Q: Plans for drainage, erosion control, sedimentation and dust control. A: Drainage patterns are not being altered. Erosion control will be provided in accordance with Chanhassen, Bluff Creek Watershed and MnDot standards. In the event the standards conflict with one another, the more stringent standard will apply. Standard erosion control measures such as silt fence and rock checks are shown on the plan. Area will be permanently seeded and mulched within 7 days of completion of the grading. Applicant will install the erosion control measures per the standard City of Chanhassen plates attached. Q: Restoration Plan: A: Area will be restored to a hayfield per the contours and x-sections shown on the grading plan. Q: Provide the contour of the land prior to excavation and proposed contours after completion of excavation and after completion of restoration. A: See Grading Plan Q: Those areas of the site to be used for storage of topsoil and overburden. A: Topsoil will be stockpiled around the perimeter of the grading area for a short term duration of approximately one week. Q: A schedule setting forth the timetable for excavation of land lying with the extraction facility. A: Approximately one week of a filling operation, no excavation should be necessary. Q: The grade of all slopes after restoration, base upon proposed land uses and description of the type and quantity of plantings where revegetation is to be conducted. A: See grading plan and cross sections. Area will be reseeded using a hay mix identified by the owner. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Q: A statement identifying the applicant's program to insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. A: The applicant for this project is Zumbro River Constructors whom are responsible for the construction of the new Hwy 212 project. As part of this project, ZRC has numerous environmental compliance personnel who can respond to any environmental or permit issues. Additionally, public complaints will be heard and responded through our public relations department. The contact person is Paige Andrews, Phone 612-685-3954. If this person is not available, please contact the Segment Manager for this area who is Mike MacArthur, Cell 612-685-5289. Q: Provide the criteria and standards to be used to achieve final restoration as wells as intermittent stabilization. A: The area will be re-established to a hay field unless the City of Chanhassen has other requirements we are not aware of. Due to the short duration of the project, intermittent stabilization other than the erosion control shown on the grading plan should not be necessary. Q: Provide, unless exempt under Minnesota Rules, an environmental assessment worksheet, if required by the City. A: To our knowledge this is not required for this application. Q: Provide a wetland alteration permit, if require by the City Code, which shall be processed concurrently with the excavation permit application. A: No wetlands are affected by this application. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Khngelhutz Grading Permit Application Section 7-35 Applications for Earth Work Permits Q: The name and address of the operator and owner of the land. A: Operator: Zumbro River Constructors 312 Lake Hazeltine Drive, Suite 100 Chaska, MN, 55318 Ph:952-368-5600 Cell: 612-685-5289 Owner: John Klingelhutz 1560 Bluff Creek Chanhassen MN, 55318 Date: June 29, 2006 Q: The correct legal description of the property where the activity is proposed to occur. A: 1560 Bluff Creek Drive, Chanhassen MN, 55318 Carver County; Township 116 North, Range 23 West, Section 35 (NE 1/a, of SW 1/4) Q: A certified abstract listing the names of all landowners owning property within 500 feet of the boundary of the property described above. A: City personnel expressed that this is done by the City Q: Provide the following: a. Proposed Grading Plan - Answer; provided herein b. Proposed Stockpile Sites - Answer; Not Applicable, material will not be stockpiled. c. The physical relationship of the proposed designated site to the community and existing development - Answer; See attached 7.5 minute map. d. Site topography and natural features including location of watercourses and water bodies - Answer; See grading plan, Secondly, no watercourses or bodies of water are lie within the area of this grading plan. e. The description and quantity of material to be excavated - Answer; No excavation is required, approximately 30,000 cubic yards of material will be placed as fill. f. The depth of water tables throughout the area. Answer - Water table is more than 20' below grade. g. The location and depth of wells and buried garbage, water, and fill. Answer - Not applicable, there are no wells, buried garbage, water, fill, etc in this area. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Q: The purpose of the Operation? A: John Klingelhutz would like to receive some fill materials to reduce the steepness of some of some of his pasture slopes. The area which will receive fill is approximately 6.8 acres in size. Q: The estimated time required to complete the operation A: Approximately one week time. ZRC generally moves over 20,000 cubic yards of material per day. Q: Hours and months of operation A: Hours of operation are between lam and Spm but are flexible. Month of operation will depend on the approval of the permit, but we are predicting sometime in August, September or October of 2006. Q: A tree survey indicating the location and type of all trees over 6 inches in caliper. A: See attached grading plan. Q: An end use landscape plan and interim screening plan for the operation period., A: Not applicable due to the short duration of the activity. Landscaping will be re-established to the original condition, i.e. a hay field. Seed will be picked by the owner. Q: The plan of operation, including processing, nature of the processing and equipment, location of the plant source of water, disposal of water and reuse of water. A: Not applicable, should not use any water, except for dust control and compaction. Q: Travel routes to and from the site and the number and type of trucks that will be used. A: Fill will be placed with scrapers which will cross the new Hwy 212 alignment and access Mr. Klingelhutz's property without going on public roads. ZUMBRO RIVER CONSTRUCTORS I SAMPLE EROSION CONTROL PLAN FOR INDIVIDUAL LOTS MAINTAIN A 16 FOOT BUFFER BETVEEN EDGE OF VATER AND DISTURBED SOIL . . . . . . . . . . . . . . . . . . LOT I SURFACE WATER DR VATWAY LOT 3 see tle<A1M B 5300 LOT 2 OPTION i - CRESCENT SILT FENCE OPTION 2 - J-HOOK SILT FENCE OVER -LAP AT PROPERTY LINE BUTT FENCE TOGETHER AT PROPERTY LINE } 1 1 LEGEND HOUSE ROOF ai ma PERIMETER GARAGE nw iva .4 vu¢ wm \ \ wm w RIVE �CXRB L GUTTER OVER -LAP SILT FENCE 7 NON STREET ENTRANCE STORM SEWER INLET VINCO OR SIMILAR INLET PROTECTION DETAIL 5302A SEDIMENT CONTROL * Perimeter sediment controls are necessary at downsloping property and street edges. Note that sediment controls need to provide containment by turning perimeter controls upslope—into property. * Perimeter controls can include mulch socks, mulch berms and/or silt fence. EROSION CONTROL * Topsoil —Site has a minimum of 4-6 inches of topsoil. * Construction entrance-1.5 to 3—inch clean rock at a depth of 6 inches. * House Roof Perimeter —Straw mulch at 2 inches deep around house directly below roof line. If house has rain gutters, downpouts need energy dissipation. * Slopes —Steeper than 4:1 need fiber blankets and temporary or permanent seeding. * Swales—Need check dams or blankets. CITY OF EROSION CHANHASSEN CONTROL REVISED: 1-06 DATE: PLATE NO.: 5302B FILE NAME: 39353028. SCANNED 5611 SIB pfl�a— Gf¢iY^ ra pAC�Y�O � �S1lv..i Gen'FO.�� IL Xr10�.i�y � I!^O.d LoniOwr3 4— - Dr.,..d$e 6b"o, ICL Sa WED Station1+00.00 Horizontal scale is 1" a 30ft Vertical scale is 1" - SOft Center line Coordinates N - 166275.6887 E = 553346.9740 Raarinn of rrncc cartinn v NA9 0 10 ----___ --,—� ---------------- - ---- Lc Lr PROPOSLq CT Lf LC C cc PROPOSED SURVEY ATA IRVEY-DATA I 920 910 scnmrveo N Station3+00.00 Horizontal scale is 1" - 30ft Vertical scale is i" v 10ft 940 930 920 910 900 S C4N NfD N Station5+50.00 Horizontal scale is 1" - 30ft Vertical scale is 1" - 10ft Center line Coordinates N - 166596.6201 940 930 920 910 SCANNIO CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF NIINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July 20, 2006, 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 Zumbro River Constructors Interim Use Permit 06-28 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. Subscribed and sworn to before me thiG day of 1I-l�j , 2006. 1 Notaryis M 4 1-147-111,• el �! Clerk KIM T. MEUWISSEN ZNotary Public -Minnesota •¢y My Commission Expires Jan 31, 2010 Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 1, 2006 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. Proposal: Request for an interim use permit for grading. Applicant: Zumbro River Constructors Property 1560 and 1425 Bluff Creek Drive and south of the Hennepin Location: County Regional Rail Corridor and Bluff Creek Drive 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: 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/serv/plan/06-28.html. If you wish to talk to someone about this project, please contact Bob Questions & Generous by email at bpenerous@ci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written Comments: 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, Welland 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 commerciaUndustdal. • 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. Date & Time: Tuesday, August 1, 2006 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. Proposal: Request for an interim use permit for grading. Applicant: Zumbro River Constructors Property 1560 and 1425 Bluff Creek Drive and south of the Hennepin Location: County Regional Rail Corridor and Bluff Creek Drive 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 W 1 • Staff will give an overview of the proposed project. 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/sery/plan/06-28.htmi. If you wish to talk to someone about this project, please contact Bob Generous by email at baenerous@ci.chanhassen.mn.us or by Questions & phone at 952-227-1131. If you choose to submit written Comments: 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 PI nning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses. Welland 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 spokespersontrepresentative 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, lease contact the Plannina Staff person named on the notification. This map is herbal a legally recorded map nor a survey and is not intended to be used as one. The, map is a completion of records, information and data located in various cM, county state and federal offices and nine, sources regarding Me area shown, and is to be used for reference purposes only. The City does not wananl that the Geographic Information System (GIS) Data used to prepare this map are error tree, and the City does not represent mat Me GIS Data can be used for nayigattonal, tracking or any other purpose requiring exacting measurement of distance or dimobon or precision in Me depiction of geographic leamri d errors or discrepancies are found please correct 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Stables §466.03, Subd. 21 (2000), and Me user of this map acknowledges Mat the City shall nor be trilby. for any Mm gas, and expressly waives all claims, and agrees to defend, indernmify, and hold harmess Me City from any and all claims brought by User, its employees; or agents, or Mind parties which arise out of the users access or use of data n—i~ This map is neimer a legally worded map our a survey and is not intended to be used W one. This map is a compilation of records, information and data locawl in vanws city, county, state and federal offices and os er sources regarding Me area shown, and is to be used for reference purposes only. The City does not wamint that the Geographic Infomratioh System (GIS) Data used to prepare this nap are error free, and the City does not represent mat Me GIS Data can be used for navigation&, tmcWng or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. it enors or discrepancies are found please contact 952-227-1107. The Preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and Me user of this nap acknowledges Mat be City shell nor be trade for any damages, and expressly waives all dams, and agrees to defaM, indemnity. and hold hamyess the City from any and all dame brought by User, rs employees or agents, or Mind pargss whidr arse W of Me users access or use of nAu nn ~ ALBERT & KAREN M DORWEILER ANGELINE M SYMANITZ BLUFF CREEK GOLF ASSOC 1565 BLUFF CREEK DR 1505 BLUFF CREEK DR 1025 CREEKWOOD DR CHASKA, MN 55318-9519 CHASKA, MN 55318-9519 CHASKA, MN 55318-9647 BRIAN J & WENDY S JOHNSON CRAIG & GINNY VLAANDEREN DENNIS L & LINDA M SMITH 1190 BLUFF CREEK DR 1450 WEST FARM RD 1251 BLUFF CREEK DR CHASKA, MN 55318-9515 CHASKA, MN 55318-9517 CHASKA, MN 55318-9515 EDWARD N & DORNIA A TIPTON EMERALD VENTURES LLC EMILY A ANDERSON 1291 BLUFF CREEK DR PO BOX 260 10441 BLUFF CIR CHASKA, MN 55318-9515 CHASKA, MN 55318-0260 CHASKA, MN 55318-9534 GREGORY P GRAZZINI & HAROLD & MARY HESSE HENNEPIN CO REG RR AUTHORITY 1251 HESSE FARM CIR 1425 BLUFF CREEK DR 300 6TH ST S SW STREET LEVEL CHASKA, MN 55318-9518 CHASKA, MN 55318-9515 MINNEAPOLIS, MN 55487-0999 HESSE FARM HOMEOWNERS ASSN HOWARD L LAPIDES & JAMES A & CARLA J STRUBLE 1425 BLUFF CREEK DR 10460 BLUFF CIR 1405 WEST FARM RD CHASKA, MN 55318-9515 CHASKA, MN 55318-9534 CHASKA, MN 55318-9517 JEFFREY A JONCKOWSKI & JEFFREY M GOOD & JOHN KLINGELHUTZ 2032 PARKWAY AVE 1231 BLUFF CREEK DR 350 EAST HWY 212 PO BOX 89 SHAKOPEE, MN 55379-4330 CHASKA, MN 55318-9515 CHASKA, MN 55318-0089 JOHN R & JILL E MATUSCAK KEITH W & STACY A CARLSON KENNETH O & JUDY M EIDE 1501 WEST FARM RD 1301 HESSE FARM RD 1500 WEST FARM RD CHASKA, MN 55318-9528 CHASKA, MN 55318-9536 CHASKA, MN 55318-9528 KEVIN L SMITH & KIRK A MACKENZIE L RICHARD & KAREN C DEE 10440 BLUFF CIR PO BOX 1759 1201 HESSE FARM CIR CHASKA, MN 55318-9534 ANNA MARIA, FL 34216-1759 CHASKA, MN 55318-9518 LOUISE E ZAMJAHN ETAL MAIDA A EGGEN MARY EDNA BRAUN 7506 77TH ST 1161 BLUFF CREEK DR 1545 BLUFF CREEK DR CHASKA, MN 55318-9600 CHASKA, MN 55318-9515 CHASKA, MN 55318-9519 MAXWELL F & JULIANE M TISCH MICHAEL & JODI PARADIS MICHAEL G & KATHY A ARNOLD 1600 HESSE FARM RD 10421 BLUFF CIR 1400 HESSE FARM RD CHASKA, MN 55318-9507 CHASKA, MN 55318-9534 CHASKA, MN 55318-9523 NICHOLAS & FRANKIE EVANOFF NICHOLAS WARITZ RICHARD W & KIMBERLY 1401 HESSE FARM RD 1271 BLUFF CREEK DR BLOMBERG CHASKA, MN 55318-9524 CHASKA, MN 55318-9515 1225 HESSE FARM CIR CHASKA, MN 55318-9518 ROBERT G & JUDY I STEFFES 1350 HESSE FARM RD CHASKA, MN 55318-9523 STATE OF MINNESOTA - DOT 1500 W CO RD B2 ROSEVILLE, MN 55113-3174 ROBERT R JR & MARY C FAFINSKI 1520 WEST FARM RD CHASKA, MN 55318-9528 THOMAS L & SANDRA K CARAVELLI 6423 MERE DR EDEN PRAIRIE, MN 55346-2311 RODNEY L RIEHL & 1221 BLUFF CREEK DR CHASKA, MN 55318-9515 Public Hearing Notification Area (500 feet) Zumbro River Constructors- Highway 312 Interim Use Permit Planning Case 06-28 Reason Loca Date Inspector D 9 DO NOT REMOVE THIS TAG City of Chanhassen 952=227=11$#06 Contact A Dept. oco-zg 16 CITY OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone. 952.227.1100 Fax 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.11R0 Engineering Phone. 952.227.1160 Fax: 952.227.1170 Finance Phone: 952,227.1140 Fax: 952.227.1110 Park A Recreation Phone: 952.227.1120 Fax: 952.227.1110 lul u•t:►1p Iu TO: FROM: DATE: SUBJECT: Robert Generous, Senior Planner Alyson Fauske, Assistant City Engineer 0 November 13, 2006 Interim Use Permit Application- Zumbro River Constructors 1425 Bluff Creek Drive- Brad Moe and Harold Hesse property On August 1, 2006 City Council tabled action on the Interim Use Permit Application for 1425 Bluff Creek Drive. Staff has worked with the applicant on the grading plan and the revised plan now would import 26,664 cubic yards of borrow material; the original application requested 35,000 cubic yards of fill. The fill will be placed within a low area south of the barn and north of West Farm Road, a private street. The property owner would like to level the area for ease of animal grazing and for property maintenance. The proposed grading plan must show the existing culvert under West Fans Road, noting the invert elevations at both ends. Also, the applicant must work with the adjacent property owner to improve the drainage to the culvert. Recreation Center The contractor proposes to haul fill to the site via Audubon and Bluff Creek 2310 Coulter Boulevard Drive. Bluff Creek Drive is a 28-foot wide street within a 66-foot wide right of Phone: 952.221.14W Phone: Fax:952.227.1404 way. West Farm Road, a 20-foot wide private road lies to the south of the site. Trucks would enter and exit the private drive not West Farm Road. The proposed Planning & access must be clearly shown on the plans. A $4,500 escrow must be posted to Natural Resources Phone:952.227.1130 guarantee the replacement of Bluff Creek Drive curb and gutter and pavement Fax: 952.227.1110 that is damaged due to the trucking operations at this site. Public works 1591 Park Road The 2005 traffic counts for Bluff Creek Drive indicate that there are 3,785 Phone:952.227.1300 trips/day on this street, approximately equally split between north and southbound Fax.952.227.1310 traffic. Given the existing traffic volumes on this road and the width of the street, Senior Center traffic control should include "Truck Hauling" signs along the roadway and flag- Phone:952.227.1125 persons to control traffic where vehicles enter and exit the site. Fax: 952.227.1110 Web site Staff recommends limiting the hauling hours to 8:00 a.m. to 3:00 p.m. Monday www.ci.chanhassennn.us through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays, with no work allowed on holidays. These hours would restrict hauling during rush hour traffic. The applicant can proceed with on -site grading operations during regular construction hours, which are 7 am to 6 pm Monday through Friday and 9 am to 5 pm on Saturdays, with no work allowed on holidays. The City of Chanhassen • A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Robert Generous November 13, 2006 Page 2 of 3 The applicant has indicated that the grading operation does not have a proposed start and finish date; rather fill would be hauled to the site intermittently as it becomes available from the ZRC projects within the area. Staff recommends that the grading operations be completed within 10 weeks of commencement and must be completed no later than October 31, 2007. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Sloe Time* Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days *Maximum time an area can remain open when the area is not actively being worked. If technically feasible, slope stabilization during the winter months shall consist of spreading compost over the exposed area. Bluff Creek Drive must be scraped and swept each day that hauling occurs. The plan must be revised to show the Bluff Creek Drive right of way; no grading may take place within the right of way. Recommended Action: Staff recommends approval of the Interim Use Permit for 1425 Bluff Creek Drive, staff recommends that the recommendation include the following conditions: The proposed grading plan must show the existing culvert under West Farm Road, noting the invert elevations at both ends. The applicant must work with the adjacent property owner to improve the drainage to the culvert. 2. The access for site grading must be clearly shown on the plan. 3. A $4,500 escrow must be posted to guarantee the replacement of Bluff Creek Drive curb and gutter and pavement that is damaged due to the trucking operations at this site. 4. "Truck Hauling" signs posted at each end of Bluff Creek Drive. 5. Flag -persons must be on -site during trucking operations on Bluff Creek Drive. 6. Hauling hours of operation shall be 8:00 a.m. to 3:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays, with no work allowed on holidays. 7. The applicant may perform on -site grading operations between 7 am and 6 pm Monday through Friday and 9 am to 5 pm on Saturday, with no work allowed on holidays. 8. The grading operations must be completed within 10 weeks of commencement. 9. The grading operations must be completed no later than October 31, 2007. Robert Generous November 13, 2006 Page 3 of 3 10. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: T e of Slo e Time* Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days *Maximum time an area can remain open when the area is not actively being worked. 11. If technically feasible, slope stabilization during the winter months shall consist of spreading compost over the exposed area. 12. Bluff Creek Drive must be scraped and swept each day that hauling occurs. 13. The plans must show the Bluff Creek Drive right of way. 14. The applicant can not grade within the Bluff Creek Drive right of way. 15. Erosion control and site stabilization shall be consistent with Zumbro River Constructor's Storm Water Pollution Prevention Plan for the Highway 212/312 project, as stated in the Grading IUP application. c: Brad Moe, 1425 Bluff Creek Drive G:\ENG\nWs\ZRC 11-13-06.DOC CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION 11219 Application of Zumbro River Constructors for an Interim Use Permit to provide fill in southern Chanhassen — Planning Case 06-28. On August 1, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Zumbro River Constructors for an interim use permit for the property located at 1425 Bluff Creek Drive. The Planning Commission conducted a public hearing on the proposed interim use, which was preceded by published and mailed notice, and heard testimony from all interested persons wishing to speak. The Planning Commission recommended to the City Council denial of the interim use permit for the site. The City Council of the City of Chanhassen held a hearing on August 28, 2006 and tabled the item to permit the applicant to address storm water runoff and prepare a revised grading plan for the site. The Chanhassen City Council now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District, A2. 2. The property is guided by the Land Use Plan for Residential — Large Lot. 3. The legal description of the properties is: Site 1: Lot 1, Block 1, Hesse Farm 2°d Addition and a portion of Lot 2, Block 1, Hesse Farm 2°d Addition. 4. The proposed grading and filling operations: a. Will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city since the hours of operation will be limited, the duration of the grading will be limited, appropriate erosion control measures will be installed and maintained, and the sites will be re -vegetated immediately after completion of the grading operations. b. Will be consistent with the objectives of the city's comprehensive plan and the zoning ordinance as well as meeting the standards for grading in Chapter 7 of the Chanhassen City Code. 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 since the sites will be restored to their original vegetative state. d. Will not be hazardous or disturbing to existing or planned neighboring uses since the hours of operation will be limited, the duration of the grading will be limited, appropriate erosion control measures will be installed and maintained, and the sites will be re -vegetated immediately after completion of the grading operations. 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. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 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, odors, rodents, or trash since the hours of operation will be limited, the duration of the grading will be limited, appropriate erosion control measures will be installed and maintained, and the sites will be re -vegetated immediately after completion of the grading operations. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Will be aesthetically compatible with the area since the sites will be restored to their original vegetative state. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in the zoning ordinance as well as meeting the standards for grading in Chapter 7 of the Chanhassen City Code.. 5. The planning report #06-28 dated August 1, 2006, prepared by Robert Generous, et al, is incorporated herein. 2 DECISION The City Council approves the interim use permit for Site 1 (Moe/Hesse). ADOPTED by the Chanhassen City Council this 13`h day of November, 2006. CHANHASSEN City Council IM Its Mayor g9plan\2006 planning cases\06-28 zumbro river constructors 312\CC findings of faccdoc b c0 —4—,) C25 CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 13, 2006 Mayor Furlong called the meeting to order at 6:45 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Peterson and Councilman Lundquist COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Roger Knutson, Paul Oehme, and Todd Hoffman PUBLIC ANNOUNCEMENTS: Mayor Furlong: Good evening and welcome to those here in the council chambers, as well as those watching at home. We've got some schedules were trying to accommodate here so I appreciate everybody's patience and understanding. What I'd like to do, first of all ask if there are any additions or modifications to the agenda items presented this evening. Without objection we'll move forward. What I'd like to do is deal with the items that require action by the council this evening and then move to visitor presentations so tonight I'm going to move visitor presentations until after we're done with our item number 2 so that we can be sure to have the full council for those items requiring action. With that we'll move to our consent agenda. CONSENT AGENDA: Councilman Peterson moved, Councilman Lundquist seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated October 23, 2006 -City Council Verbatim & Summary Minutes dated October 23, 2006 Receive Commission Minutes: -Park and Recreation Commission Verbatim & Summary Minutes dated October 24, 2006 b. Zumbro River Constructors Interim Use Permit for Property Located at 1425 Bluff Creek Drive. C. Resolution #2006-79: 2006 Sanitary Sewer Rehabilitation Project 06-11: 1) Award Construction Contract for Infiltration/Inflow Project. 2) Approve Agreement with the Metropolitan Council 8C'WNED August 29, 2006 y ri Page 1 of 2 Generous, Bob From: Fauske, Alyson Sent: Wednesday, November 15, 2006 2:35 PM To: Aanenson, Kate; Generous, Bob; Gerhardt, Todd; Oehme, Paul Subject: 11-15-06 approval letter November 15, 2006 Mr. Mike MacArthur Zumbro River Constructors 312 Lake Hazeltine Blvd., Ste. 100 Chaska, MN 55318 Re: Planning Case 06-28: Interim Use Permit for Grading at 1425 Bluff Creek Dr. Dear Mr. MacArthur: This letter is to confirm that on November 13, 2006, the Chanhassen City Council approved the following motion: Approval of the Interim Use Permit for 1425 Bluff Creek Drive subject to the following conditions: 1. The proposed grading plan must show the existing culvert under West Farm Road, noting the invert elevations at both ends. The applicant must work with the adjacent property owner to improve the drainage to the culvert. 2. The access for site grading must be clearly shown on the plan. 3. A $4,500 escrow must be posted to guarantee the replacement of Bluff Creek Drive curb and gutter and pavement that is damaged due to the trucking operations at this site. 4. "Truck Hauling" signs posted at each end of Bluff Creek Drive. 5. Flag -persons must be on -site during trucking operations on Bluff Creek Drive. 6. Hauling hours of operation shall be 8:00 a.m. to 3:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays, with no work allowed on holidays. 7. The applicant may perform on -site grading operations between 7 am and 6 pm Monday through Friday and 9 am to 5 pm on Saturday, with no work allowed on holidays. 8. The grading operations must be completed within 10 weeks of commencement. 9. The grading operations must be completed no later than October 31, 2007. 11/17/2006 August 29, 2006 J-a Page 2 of 2 Please notify me once grading has commenced. If you have any questions or need additional information, please contact me at (952) 227-1164 or Bob Generous at (952) 227-1131. Sincerely, CITY OF CHANHASSEN Alyson Fauske,P.E. Assistant City Engineer ec: Kate Aanenson, Community Development Director Bob Generous, Senior Planner Todd Gerhardt, City Manager Paul Oehme, City Engineer c: Brad Moe g:\plan\2006 planning cases\06-28 zumbro river constructors 312\approve and deny letter.doc 11/17/2006 Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Henry A. Schaeffer, II I Alina Schwartz Craig R. McDowell Marguerite M. McCarron Also Licensed in Wisconsin 1380 Corporate Center Curve Suite 317 • Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com CAMPBELL KNUTSON Professional Association Direct Dial: (651) 234-6222 E-mai[Address: snelson@ck-law.com October 12, 2006 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RECEIVED OCT 13 2006 CITY OF CHANHASSEN RE: CHANHASSEN— MISC. RECORDED DOCUMENTS ➢ Interim Use Permit #06-28 — To Import 30,000 Cubic Yards of Clean Material (PH) #25.0162100) - Klingelhutz Property Located at 1560 Bluff Creek Road Dear Kim: Enclosed for the City's files please find original recorded Interim Use Permit #06-28 which was filed with Carver County on September 15, 2006 as Abstract Document No. A449812. SRN:ms Enclosure Regards, CAMPBELL KNUTSON Professional Association � B ° S san R. Nelson, Legal tAssistarit SCANNED �K pIN6 I(IP -%( ►r1/-L-P/keSs c loc,y c&- a(a6-7 /owls T� (educes( Cor)strvctOn hIS rt-F 9-3 Saf-Q-S i 23 hrs/^fk, 14 ce�Lr Carstt at, 6-s. M -F 7-to 63 hrslixi- SCexio rio 1: i�ieCiucet� hears , -(;Il v�l ••� `i wct�. >cnd b thee, IS 36hcIvo-ek u 4mek.s = 13,Zhrs czOloads = lb2Ars= o?OloadslAr- or Iload 13M nu+; scw"Io 2 ' I�,ejw d hours, -J; ll A i n l Wer ks 33hrsly, )eek_ x 6, vveek s — I9 8hrs Ap(9-1 load S 1 /18 h r s = 1,3, 5)oadsl Ar- or v/ l oa ever/ y S^'N SCenoirit, 3 -:Pn . hours 0 � wee.ks la3ha,Jbv L x = a5.� hrs 9&4,-7 loads -�- hrs= I0,6loadsjAr rr v11wd15,7mIi? ia4 +may , hoarc, (a vieek 63hrs-IYA.x 1pvv& 37$hrs o7(ob� l oad g7Shrs= %l lott/hrload�g,S.ri.•- SC2 OLI I'o5: 8 am -i 6pry M-F Qaw.-Spn►. Sin �y3h��wk. �3hr5/weerx VweeLs = /72hrs 49(4061 I pads ��2 hrs = I�.5'io�crs/J„- l ioad�3,9 , loadslhr A- 11a6t+''/3,�,�- Fields2-3 Rev 10-31-06.txt SURFACE TO SURFACE VOLUME REPORT zumbro River Constructors, LLC. 312 Lake Hazeltine Drive Ste. 100 Chaska, MN 55318 612-685-5254 Project: C:\Trimble Projects\Jobs-Projects\HWY 212 2005\Terramodel Projects\ My Models\Grading Designs\Field2 10-31-06.pro Report Generated: Tuesday, October 31, 2006 2:58:22 PM -------------------------------------------------------------------------------- where the second surface is above the first the volume is reported as fill. where the second surface is below the first the volume is reported as excavation. -------------------------------------------------------------------------------- Shrinkage/swell factors: Excavation 1.0000 Fill 1.0000 First Surface Number Second Surface Number Layer Name --------------------------- of Points Layer Name of Points SHOTS 4-25 ----------- 1,084 ------------------------- PROPOSED --------- 136 Excavation volume (Cu. Yd.) -------------------------------- Fill volume (cu. Yd.) 1,011.1 ---------------------------- 27,675.1 Net Difference: 26,664.0 cu. Yd. Borrow ��iU, PROP 35,=C�J CITY OFREC7 VET SSEN OCT ; 1 2006 ENGINEERING DEPT Page 1 MSAS 4 35475 SAMAR Technologies, Inc. Counted by: DRR TAB for Windows Site Code 000130473105 on Bluff Creek Drive, North Copyright 1999 Start Date:' 5/02jj2005 of T.X. 4212 File I.D. :�ZDN BLUFF C Street name :on Bluff Creek Drive Cross street:North of T H 8212 Page 1 Begrn Mon. 05/02 Tues. Wed. Thur. Fri. Sat. Sun. Avg. Time A.M. P.M. A _ P_M. A _ P.M. A _ P_M_ A . P_M_ A _ P_M. A.M. P.M. A.M. P.M. 12:15 ' 31 2 30 5 ' ' * * ' 30 12: 30 • 37 3 32 7 ' • ' ' ' ' ' 34 12:45 + _35., 1 _35_ 1 + + + + + + 36 01:00 ' �35 10 38 11 • * ' ' ' ` ' ' 36 01:15 ' 37 3 M51 2 • * ' ' ` ' ' ' 44 01:30 * �+40 1 4' 53 5 ' • ' ' * 46 01:45 0 9_ 3 • ' 46 02:00 ' ti 5�' 7 80 6 • + ' • ' + 72 02:15 ' p57 5 m66 5 ' ' ' ' + • ' 62 02:30 ,82 3 ' 86 2 • ' • ` 84 02 :4 5 65 3 N 0 ' ' • ` ' * ' 66 03:00 1 8 67 11 ' ` 59. 03:15 * 79 5 80 6 ' • ' ' 80 03:30 81 108 12 ` ' • ' * ' ` 85 03:95 ' N 59 7 11 ' ' ' 63 04:00 6 10 6 3 ' • ' ' ' * 81 04: 15 ' N 71 5 60 5 ' • * ' ' 68 04:30 57 15 75 9 ' • • ' ' * 66 04:45`JZ 15 22 ` 66 05:00 • 70 17 62 24 ' ' ' ' • 66 05: 15 ` 78 29 67 29 • • • ' 72 05:30 80 66 62 66 71 05:45 ' 7 68 66 06:00 46 6 47 ` ' • ' 06:15 ' 58 67 66 67 06:30 32 87 51 79 • • ' ' ` ' ' ' 06:45 46 88 44 77 * • • • ' 07:00 3T 98 50 9 + + + + 97 07: 15 ` 48 110 37 116 ` ` • ' • 113 07:30 37 ? 128 40 107 ' • • • • ' • ' 118 07:45 + 24 03 31 ` ' • • ' • 110 08:00 * 28 74 26 fi4 ' ` * ' • • ' ` —6Y- 08:15 24 72 33 67 - ' 70 08:30 ` 19 49 31 57 • • • 53 08:45 • 21 58 29 5 + + 58 09:00 27 15 7 • 40 09:15 18 41 2B 40 ` 40 09:30 23 25 30 25 ' - ' • ' + ' 26 09:45 37 11 '-3L 19 • 37 10:00 22 22 25 25 - 24 10:15 18 22 P26 28 ` ' * ' • ' + ` ' 22 10:30 21 19 �19 12 ' + ' ' ' * ' 20 10:45 29 18 -Z7. 15 ' • ' ' ' ' • ' 20 11:00 23 20 29 17 ' • 26 11:15 15 16 21 23 + ` 18 11:30 29 11 31 11 ` • ' • 30 11:45 30 14 27 6 28 Totals 247 2093 1648 2228 1360 0 0 0 0 0 0 0 0 0 105 21 0 Day Totals 2340 3876 1360 0 0 0 0 3785 Percent Spl 10.5% 89.4% 42.5% 57.4% 100.0% .0% ` • • ' ` ' • 42.9% 57.0% Peaks 09:30 05:15 07:00 03:15 07:00 07:00 volume 100 317 439 322 435 438 P.H.F. .67 .96 .85 .90 .93 .92 ADTs 1 �Oy"73/ 65 y IL 2005 Traffic Counts Site Number MSAS Start Date Count Location 60473205 39096 4/18/2005 865 on Longacres Drive East of T.H. # 41 70473105 39097 4/18/2005 1855 on Lake Lucy Road East of T.H. # 41 110473005 35478 4/25/2005 2529 on Lyman Blvd East of T.H. # 101 120473005 61523 5/2/2005 2092 on Stoughton Ave West of T.H. # 212 130473105 35475 5/2/2005 3785 on Bluff Creek Drive West of T.H. # 212 140473205 35491 5/2/2005 1483 on Minnewashta Parkway between Hawthorne Circle & Lake Ridge Road 150473305 35492 5/2/2005 2056 on Minnewashta Parkway South of T.H. # 7 160473305 39098 5/9/2005 3872 on Pleasant View West of T.H. # 101 170473005 35488 5/9/2005 2140 on Pleasant View East of Powers Blvd 180473105 35489 5/9/2005 3074 on Lake Lucy Road West of Powers Blvd 190473205 35490 5/9/2005 2101 on Lake Lucy Road East of Galpin Blvd 200473205 59616 5/31/2005 3678 on West 82"d Street East of T.H. # 41 210473305 61522 5/23/2005 2967 on Century Blvd North of 82"d Street 220473105 59615 5/23/2005 1136 on Coulter Blvd West of Galpin Blvd 230473005 60886 5/23/2005 2887 on West 78"' Street East of T.H. # 101 240473005 35484 6/6/2005 4798 on Kerber Blvd North of SaddleBrook Curve 250473305 35486 5/31/2005 2974 on Kerber Blvd East of Powers Blvd 260473105 35485 5/31/2005 594 on SaddleBrook East of Powers Blvd 270473305 66689 6/6/2005 534 on West 78"' Street East of T.H. # 41 280473205 66688 6/6/2005 750 on West 78'" Street West of Galpin Blvd 290473105 41966 6/6/2005 5980 on Galpin Blvd North of T.H.# 5 (b/w 5 & W.78"') 300473105 39095 6/20/2005 1591 on Coulter Blvd East of Galpin Blvd 310473305 37469 6/13/2005 2848 on Coulter Blvd West of Audubon Road 320473205 59633 6/13/2005 6194 on Audubon Road South of T.H. # 5 330473005 35479 6/13/2005 3638 on Audubon Road North of Lyman Blvd 340473305 61520 6/20/2005 3248 on Park Road West of Powers Blvd 350473305 37468 6/20/2005 2836 on Lake Drive East of Powers Blvd 360473005 61521 6/20/2005 2767 on Lake Drive West, West of Powers Blvd 370473305 61519 6/28/2005 N.B. 6226 on Market Blvd North of T.H. # 5 S.B.7273 3804732005 59610 7/6/2005 E.B. 6798 on West 7e Street West of Great Plains W.B. 6566 390473005 59612 6/28/2005 N.B. 6651 on Great Plains Blvd North of T.H. # 5 S.B. 5621 400473105 38937 6/28/2005 E.B. 8345 W.B. 7932 on West 78"' Street East of Powers Blvd 410473305 35482 7/6/2005 8300 on Kerber Blvd North of West 78th Street 4204731005 59611 7/6/2005 10512 on West 78"' Street West of T.H. # 101 430473005 59609 7/18/2005 5126 on Lake Drive East West of Dell Road 440473205 35481 7/26/2005 see 500473105 on Lake Drive E., East of Great Plains Blvd. 450473105 62783 7/18/2005 S.B. 4429 South Bound on Great Plains, South of T.H. # 5 N.B. 3100 North Bound on Great Plains, South of T.H. # 5 470473105 59613 7/11/2005 3431 W. 78"', West of Powers Blvd. 480473205 66686 7/18/2005 2471 W. 78"', West of Audubon Road 490473305 66687 7/18/2005 2061 W. 78th, East of Galpin Blvd. 500473105 35481 7/26/2005 5596 Lake Drive E. b/w Great Plains Blvd. & Marsh Dr. 4 Weather .lA Technologies, Inc. Counted by:drr 6 js TAS for Windows Site Code . 0 473003 State ID 4 35475 Copyright 1999 Start Date: 4/2 2003 Bluff Creek Or N of 212 File I.D. CREEK D.- Direction 1 Page1 05/04 Sun. Cp• _ Began 09/28 Mon. 04/29 Tues. 04/30 Wed. 05/01 Thur. 05/02 Fri. Weekday 05103 Sat. Time Int. Total Int. Total Int Total Int. Total In[ Total Avg. Total Int. Total 12 .00 am 29 28 28 ` 01:00 - 14 14 14 02:00 33 28 30 ' 03:00 ' - 22 19 20 ` 04:00 135 148 142 ' 05:00 220 241 230 06:00 360 399 - 380 07:00 252 ' 08:00 ` I12 t 127 • ` 09:00 gp ' 88 10:00 114 108 • ill 11:00 112 118 • 115 ' 12:00 pm 141 133 137 01:00 239 252 246 02:00 03:00 250 285 268 0:00 - 312 282 05:00 25a 233 - 06:00 126 116 121 07:00 85 108 96 08:00 81 94 88 09:00 77 59 68 10:00 61 64 • 62 11:00 26 30 28 Totals 0 2155 3482 1322 0 3478 0 0 Avg. WkDay .0% 61.9% 100.1% 38.0% .0% .0% .0% AM Peaks 10:00 06:00 06:00 06:00 Volume 114 360 399 380 PM Peaks 03:00 03:00 03:00 Volume 313 312 312 ADIS City of Chanhassen 2003 Traffic Counts Start Date End Date Site Count # State I.D. Count Type Location Set B Volume Wed 3/5 Thu 3/06 10473303 N/A Volume Foxford Road between Eastwood Court and Pioneer Trail DRR and JS 142 Tue 4/29 Thu 5/01 20473103 61523 Volume Stoughton west of T.H. 212 DRR and JS 1715 Tue 4/29 Thu 5/01 30473003 35475 Volume Bluff Creek Drive north of 212 DRR and JS 3478 Tue 4/29 Thu 5/01 40473303 35478 Volume Lyman Boulevard east of 101 DRR and JS 3056 Tue 4/29 Thu 5/01 50473203 59616 Volume 82nd Street east of T.H. 41 DRR and JS 3694 Wed 5/07 Fri 5/09 60473303 35491 Basic Minnewashta Parkway south of Lake Ridge Road DRR and JS 1525 Wed 5/07 Fri 5/09 1 70473103 39097 1 Volume Lake Lucy Road east of T.H. 41 DRR and JS 1823 Wed 5/07 Fri 5/09 1 80473203 39096 Volume Lon acres Drive east of T.H. 41 DRR and JS 937 Wed 5/07 Fri 5/09 90473003 35492 Basic Minnewashta Parkway south of T.H. 7 DRR and JS 2017 Wed 5/14 Fri 5/16 100473303 39098 Volume Pleasant View west of T.H. 101 DRR and JS 3456 Wed 5/14 Fri 5/16 110473003 35488 Volume Pleasant View east of Powers DRR and JS 2332 Wed 5/14 Fri 5/16 120473103 35489 Volume Lake Lucy Road west of Powers Boulevard DRR and JS 3430 Wed 5/14 Fri 5/16 130473203 35490 Volume Lake Lucy Road east of Gal in Boulevard DRR and JS 1 2315 Wed 5/28 Fri 5/30 140473003 37469 Volume Coulter Boulevard west of Audubon DRR and JK 3029 Tue 5/20 Thu 5/22 150473103 39095 Volume Coulter Boulevard east of Gal in DRR and JK 2302 Tue 5/20 Thu 5/22 160473203 59615 Volume Coulter Boulevard west of Gal in DRR and JK 1065 Tue 5/20 Thu 5/22 170473303 61522 Volume Century Boulevard north of 82nd Street DRR and JK 2331 Wed 5/28 Fri 5/30 180473203 35479 Volume Audubon Road north of Lyman DRR and JK 3803 Wed 5/28 Fri 5/30 190473303 59633 Volume Audubon Road south of T.H. 5 DRR and JK 5819 Wed 5/28 Fri 5/30 200473103 61521 Volume Lake Drive West, west of Powers Boulevard DRR and JK 2551 Mon 6/02 Wed 6/04 210473303 59610 Basic West 78th Street west of Great Plains Boulevard DRR and JK 12149 Mon 6/02 Wed 6/041 220473103 59612 Volume Great Plains Boulevard north of T.H. 5 DRR and JK 8979 Mon 6/02 Wed 6/041 230473203 59611 1 Volume West 78th Street west of T.H. 101 DRR and JK 10643 Tue 6/03 Thu 6/05 1 240473003 61520 Volume Park Road west of Powers Boulevard DRR and JK 2800 Mon 6/09 Wed 6/111 250473203 35482 Volume Kerber Boulevard north of West 78th Street DRR and JK 8341 Mon 6/09 Wed 6/111 260473003 35484 Basic Kerber Boulevard north of Saddlebrook Curve DRR and JK 4755 Mon 6/09 Wed 6/111 270473303 35485 Volume Saddlebrook Curve east of Powers Boulevard DRR and JK 606 Mon 6/09 Wed 6/111 280473103 35486 Volume Kerber Boulevard east of Powers Boulevard DRR and JK 3005 Wed 6/18 Fri 6/20 1 290473103 62783 Volume Great Plains Boulevard south of T.H. 5 JS and JK 5545 Wed 7/09 Fri 7/11 300473003 37468 Basic Lake Drive east of Powers Boulevard JS and JK 2765 Tue 6/17 Thu 6/19 310473303 59613 Basic West 78th Street east of Great Plains Boulevard JS and JK 2726 Tue 6/17 Thu 6/19 320473303 35481 Volume Lake Drive East east of Great Plains Boulevard JS and JK 4460 Wed 6/25 Fri 6/27 330473203 59609 Volume Lake Drive East west of Dell Road JS and JK 5094 Wed 6/25 Fri 6/27 340473303 60886 Volume West 78th Street east of T.H. 101 jJS and JK 2561 Wed 6/25 Fri 6/27 350473103 38937 Volume West 78th Street east of Powers Boulevard JS and JK 16155 - Z Fields2-3 Rev 10-31-06.txt SURFACE TO SURFACE VOLUME REPORT Zumbro River Constructors, LLC_ 312 Lake Hazeltine Drive Ste. 100 Chaska, MN 55318 612-685-5254 Project: C:\Trimble Projects\Jobs-Projects\HWY 212 2005\Terramodel Projects\ My Models\Grading Designs\Field2 10-31-06.pro Report Generated: Tuesday, October 31, 2006 2:58:22 PM -------------------------------------------------------------------------------- where the second surface is above the first the volume is reported as fill. where the second surface is below the first the volume is reported as excavation. -------------------------------------------------------------------------------- Shrinkage/swell factors: Excavation 1.0000 Fill 1.0000 First Surface Number Second Surface Number Layer Name of Points Layer Name of Points ------------------------------------------------------------------------ SHOTS 4-25 1,084 PROPOSED 136 Excavation Volume (Cu. Yd.) Fill Volume (Cu. Yd.) -------------------------------- ---------------------------- 1,011.1 27,675.1 Net Difference: 26,664.0 cu. Yd. Borrow i C)viU, Kcp 35,30c'l;j CITy RECE �N�HDASSEN OCT 11 2006 ENGINEERING DEPT Page 1 Elevations are to Top Back of Curb 1�98.98.57 j Y CA CP voceld � CITY OF CHANHASSEN ULT 3 1 2006 ENGINEERING DEPT GRAPHIC SCALE 1"=100' 0 100 200 300 A CITY OF Cii;_P:HASSEN OCT 3 1 2006 ENGINEERING DEPT. Station9+50.00 Horizontal scale is 1" = 40ft Vertical scale is 1" = 20ft Center line Coordinates AI A r ;2u 11 - lU"JUU.c1CC GV E = 554475.9225 Bearing of cross section = S55 11'59"W 00 OFFSET OFFEFT C PROPOSED cc In m ROPOSED Iq SHOTS 4-25 u cc TS 4-25 920 ::M VA I i Uv r-Fv U MU oV Il CV Ilou CVV C14u Cov oCv oOv HUU F4"v CITY OF G::r'lYF1ASSEN OCT ? 1 2006 IN1421 Stationl4+49.70 Horizontal scale is 1" = 20ft Vertical scale is 1" = loft IN 910 m L CITY OF CHANHASSEN RECEoVE© UCT 3 1 2006 ENGINEERING DEPT. Station16+99.58 920 Horizontal scale is 1" = 20ft Vertical scale is 1" = 10ft Center line Coordinates N = 164845.7751 0 E = 554270.9847 910 Bearing of cross section = N34 48'01"W 0 / j 900 M it rr 913.20 . AD R C..IZ) % X--�% ..BAD c IZ) -'A D G.. IZI 1< 909. ] 909.24 907.44 9 .20 K 904.18 4.08 902.96 02.01 901. 00 900.62 0.57 900.27 Elevations are to Top Back of Curb PROP / 98. 98.5] 96. 8%.6] Ar 895. ✓Y 908.]6 908.45 901. CITY OF CHANHASSL; 901. 895 RSOMO%E© OCT 3 1 2006 ENGINEERING DEPT. GRAPHIC SCALE 1"=100' 0 100 200 300 4 C CITY OFECHANEHASSEN 00 OCT 3 1 Z006 ENGINEERING DEPT. Station9+50.00 Horizontal scale is 1" = 4Oft Vertical scale is 1" = 2Oft Center line Coordinates AI ACAnnn l Anl 2u I - lU"JuU. G1CC LV E = 554475.9225 Bearing of cross section = S55 11'59"W 00 111 C cc Iq C PROPOSED cc cc C0 ROPOSED SHOTS 4-25 LC 0C WRTS Lr cc 4-25 0 920 IC m roU rr'+U U MU C1U I1GU 11DU LUU C4U ifou 0eu Uou M U U M"V Station14+49.70 Horizontal scale is 1" = 20ft Vertical scale is 1" = 10ft CITY OF CHANHASSEN WCGEUVE© OCT 3 1 2006 ENGINEERING DEPT, 910 e '•I CITY OF C` ANHASSEN ENGINEERING DEPT. Stationl6+99 RECEIPT 0 CITYOF 7700 MARKET BLVD. • P.O. BOX 147 WIMSECHANHASSEN, MN N PHONE: (9 2) 227-110017 RECEIVEDOF (VI«hC l i C-r-ar-1kLLr DATE No. 78411 DESCRIPTION PERMILIC. AMOUNT FUND SOURCE OBJ. PROG. �n4erl' us,- eim,a qa5 corGvic I SCE " 6 TOTAL AMOUNT 1 ('7 j aO CHECK I� CASH ❑ EPUTV TR RE 1 -A--e�43 FAX COVER SHEET Date: Company: C 7700Market Blvd. Attention: lh`e P.O. Box 147 Chanhassen, MN 55317 Fax Number: / 5 -Z 5 General Phone: 952-227-1100 Sent By. Administrative Fax: 952-227-1110 � Bldg/lnspections Fax: 952-227-1190 Direct Dial No: 9 2-^ ZZr/ — Engineering Fax: 952-227-1170 Park/Recreation Fax: 952-227-1110 Planning Fax: 952-227-1110 Sending pages, including cover page. Public Works Fax: 952-227-1310 Recreation Center Fax: 952-227-1404 ❑ Please find the information you requested Web Address: www.cLchanhassemmmus ❑ Please review and call me ❑ Please call to confirm receipt of this fax LI If you do not receive all pages, or are experiencing other problems in transmission, please call the sender at his or her direct dial number. Location Map Zumbro River Constructors 312 Interim Use Permit Planning Case 06-28 SCANNED Location Map Zumbro River Constructors 312 Interim Use Permit Planning Case 06-28 C SUBJECT PROPERTIES SCANNEC City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 Date: July 3, 2006 To: Development Plan Referral Agencies From: Planning Department By: Robert Generous, Senior Planner Subject: Zumbro River Constructors — Request for an interim use permit for off -site grading for the disposal of dirt from the Highway 312 Corridor on property located at 1560 Bluff Creek Drive and 1425 Bluff Creek Drive Planning Case: 06-28 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on June 30, 2006. The 60-day review period ends August 29, 2006. hi order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 1, 2006 at 7:00 p.m. in the Council Chambers at Chanbassen City Hall. We would appreciate receiving your comments by no later than July 21, 2006. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or SprintfUnited) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANNED Location Map Zumbro River Constructors 312 Interim Use Permit Planning Case 06-28 SUBJECT ZUMBRO RIVER CONSTRUCTORS - PLANNING CASE 06-28 $425 Interim Use Permit $150 Recording Escrow $600 Notification Signs (3) $1,175 Michael Macarthur Check 523 SCANNED CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION ApplicantRame andAddress: Y � Contact: M-�-A /. Phone: 612_AR67_S2,8f Fax: r= Planning Case No. Owner Name and Address: <A 1A&I ,,TS R 4 Co ct:5 d M� Phone: 962- f37- 9913 Fax: Email: A .+ o 49r-A'aa c .. - 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) Nonconforming 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) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attomey Cost' - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ 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. `Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" 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: M e. Fill 61+P� 4y I LOCATION: 1425 S 1 W9 Cr-Qff-K O r'Irr2 LEGAL DESCRIPTION: TOTAL ACREAGE: i3 anr-63 WETLANDS PRESENT: YES NO PRESENTZONING: A 2 REQUESTED ZONING: A.2 PRESENT LAND USE DESIGNATION: RGb' d t,. C j — Iw u� OVA fv REQUESTED LAND USE DESIGNATION: 14o s' di 4 -1 REASON FOR REQUEST: This application must be completed in full and be typewritten or dearly 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. 1 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. %7G Signature"of Applicant Dat lure of FF7T7Wnu-rDate GapLANVorms\Development Review Application.DOC Rev. 12/05 PARCEL THAT INCLUDES ADDITIONAL 2 ACRES THAT INCLUDES THE FARMSTEAD: All of Lot 1, Block 1, THE HESSE FARM 2ND ADDITION and All that part of Lot 2, Block 1, THE HESSE FARM 2ND ADDITION, according to the duly recorded plat thereof, described as follows: Beginning at the most easterly corner of said Lot 2; thence run southwesterly along the southeasterly line thereof for a distance of 207.00 feet on an assumed bearing of South 55 degrees 09 minutes 03 seconds West; thence North 45 degrees 18 minutes 38 seconds West for a distance of 302.45 feet; thence North 300.00 feet more or less to the most northerly comer of said Lot 2; thence run southeasterly along the northeasterly line of said Lot 2 to the point of beginning. 21.76 ACRES in East orthwest 1/4 & in Sorr EXC P/O Nort ction 35 Described as: Commencir No /_2-ffi�eDeeSouth 86 degrees East along North line 1 /4 of Northeast 1 /4 northwest Corner N1/21 Chanhassen Grading Permit Q&A Job No. HIingelhutz Grading Permit Application Datc: June 29, 2006 Section 7-35 Applications for Earth Work Permits Q: The name and address of the operator and owner of the land. A: Operator: Zumbro River Constructors 312 Lake Hazeltine Drive, Suite 100 Chaska, MN, 55318 Ph:952-368-5600 Cell: 612-685-5289 Owner: Brad Moe and Harold Hesse 14372 Westridge Drive Eden Prairie, MN 55347 Q: The correct legal description of the property where the activity is proposed to occur. A: 1425 Bluff Creek Drive, Chanhassen MN, 55318 Carver County; Township 116 North, Range 23 West, Section 35 (NE '/4, of SW '/4) All of Lot 1 Block 1, The Hesse Farm 2nd Addition and all that Part of Lot 2, Block 1, The Hesse Farm 2nd Addition. Q: A certified abstract listing the names of all landowners owning property within 500 feet of the boundary of the property described above. A: City personnel expressed that this is done by the City Q: Provide the following: a. Proposed Grading Plan - Answer; provided herein b. Proposed Stockpile Sites - Answer; Not Applicable, except for topsoil which will be replaced in a couple of weeks. c. The physical relationship of the proposed designated site to the community and existing development - Answer; See attached 7.5 minute map. d. Site topography and natural features including location of watercourses and water bodies - Answer; See grading plan, Secondly, no watercourses or bodies of water are lie within the area of this grading plan. e. The description and quantity of material to be excavated - Answer; No excavation is required, approximately 35,000 cubic yards of material will be placed as fill. f. The depth of water tables throughout the area. Answer - Water table is more than 15' below grade. g. The location and depth of wells and buried garbage, water, and fill. Answer - Not applicable, there are no wells, buried garbage, water, fill, etc in this area. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Q: The purpose of the Operation? Date: June 29, 2006 A: The property owners would like to receive some fill materials to fill in a low area adjacent to their corral and pasture. Q: The estimated time required to complete the operation A: Approximately three weeks. ZRC generally moves over 4,000 cubic yards of material per day by truck alone. Q: Hours and months of operation A: Hours of operation are between 7am and 5pm but are flexible. Month of operation will ' depend on the approval of the permit, but we are predicting sometime in August, September or October of 2006. Q: A tree survey indicating the location and type of all trees over 6 inches in caliper. A: See attached grading plan. Q: An end use landscape plan and interim screening plan for the operation period. A: Not applicable due to the short duration of the activity. Landscaping will be re-established to the original condition, i.e. a hay field. Seed will be picked by the owner. Q: The plan of operation, including processing, nature of the processing and equipment, location of the plant source of water, disposal of water and reuse of water. A: Not applicable, should not use any water, except for dust control and compaction. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Q: Travel routes to and from the site and the number and type of trucks that will be used. A: Fill will be placed with trucks from the Hwy 212 project coming from Audubon/New 212 Intersection. This haul will minimize the amount of hauling in the Chanhassen area. Q: Plans for drainage, erosion control, sedimentation and dust control. A: Drainage patterns are not being altered. Erosion control will be provided in accordance with Chanhassen, Bluff Creek Watershed and MnDot standards. In the event the standards conflict with one another, the more stringent standard will apply. Standard erosion control measures such as silt fence and rock checks are shown on the plan. Area will be permanently seeded and mulched within 7 days of completion of the grading. Applicant will install the erosion control measures per the standard City of Chanhassen plates attached. Q: Restoration Plan: A: Area will be restored to a hayfield per the contours and x-sections shown on the grading plan. Q: Provide the contour of the land prior to excavation and proposed contours after completion of excavation and after completion of restoration. A: See Grading Plan Q: Those areas of the site to be used for storage of topsoil and overburden. A: Topsoil will be stockpiled around the perimeter of the grading area for a short term duration of approximately one week. Q: A schedule setting forth the timetable for excavation of land lying with the extraction facility. A: Approximately three weeks of a filling operation, no excavation should be necessary. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. HIingelhutz Grading Permit Application Date: June 29, 2006 Q: The grade of all slopes after restoration, base upon proposed land uses and description of the type and quantity of plantings where revegetation is to be conducted. A: See grading plan and cross sections. Area will be reseeded using a hay mix identified by the owner. Q: A statement identifying the applicant's program to insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. A: The applicant for this project is Zumbro River Constructors whom are responsible for the construction of the new Hwy 212 project. As part of this project, ZRC has numerous environmental compliance personnel who can respond to any environmental or permit issues. Additionally, public complaints will be heard and responded through our public relations department. The contact person is Paige Andrews, Phone 612-685-3954. If this person is not available, please contact the Segment Manager for this area who is Mike MacArthur, Cell 612-685-5289. Q: Provide the criteria and standards to be used to achieve final restoration as wells as intermittent stabilization. A: The area will be re-established to a hay field unless the City of Chanhassen has other requirements we are not aware of. Due to the short duration of the project, intermittent stabilization other than the erosion control shown on the grading plan should not be necessary. Q: Provide, unless exempt under Minnesota Rules, an environmental assessment worksheet, if required by the City. A: To our knowledge this is not required for this application. Q: Provide a wetland alteration permit, if require by the City Code, which shall be processed concurrently with the excavation permit application. A: No wetlands are affected by this application. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 ZUMBRO RIVER CONSTRUCTORS / P r •. ..r � I •h T P-Y ■■y�� J•ri. � � � low r 0-3 t� I t. 1:��' ' .-�`, iT ahl 1.• - e�0 /11' lI �� V•^h 9,y1� I01 P }...7i ! t .• • 0 n �� •� �' 1.. "; - �M 8 ' 1 • 0 _ / •;:� 'WOW 1 / '4r rn �, r,� ' •v 900 : .r (Q,I4 1 �I i ' ,�I C.-_i� "Y `i 0 v �I > ✓�, ram' _�j�\I /�--� rl iQ ,..�� •,• r /. ' FIl ' I �� / i / , ,,'I' 98' 0�� r �,�:;� 1.. I I � Cl�` t� I ' i �! � � / '� i • w / 1' . 1 L•'1' I(11-. \ I,1.. ,�./ 1I �� 1 II 1,0 ,,I }1� , 1 !1 +r-° C 6j I ,...}� L ,^r r''•! I U; I Lake Susan ��'I ' I XI!r.� I IV,1 ) I� / �.� > l #-� ; ; �i •' < '� If ' -'"J' 'I,r t to �1 900 g,4ca !� .■l `-. I.) \� HN �• I�) I''.- ) _, 1 '� NI!\�.� I\'%) �( . A'.} 9Aa 8 p < O,, �� .J. \\'p {�r( J�� tl It\ m,r• S ,III pp , -�'� +-..�.` G T w `�� -' ;� 1 �,. , � •'. 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Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION YKIK I Applicant Name and Address: Shams IGQ � hllV 'i 3/,4 ContactlN:tt� M°�A.-rA.._.� Phone:6/z� Fax:grr=_ �sg -SSBO Email: L ,, Planning Case No. Owner Name and Address: _Re. jd !Jo sse 1426 81,14' Crp.mK Contact_A „sd M�eJ Phone:9s2-937- 94/3 Fax: Email: 6.nd�na&&PW /moo. c� I 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) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attomey Cost* - $50 CUP/SPR/VACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ 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. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" 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: Mae- F11 S.-ir- * 2 LOCATION: B1LLfr L.-p-GK i�e�:uQ� L Sew 7.S Mlnu�e is,�t! LEGAL DESCRIPTION: L�..�.� 7�n L.aeli:n //IS N��h . ``Qe .moo, .Z3 11)eSt, �7cc-}i ,35 ( / NF YN of 5Lti 3{ TOTALACREAGE: G I GtC[!ES WETLANDS PRESENT: YES NO PRESENT ZONING: A 2 REQUESTED ZONING: ne 611n.n..2. A PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: P�.,eo—► o ,..,a la I;kp ,le This application must be completed in full and be typewritten or dearly 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. 1 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 D e &q au ��eo4c Z9-O,6 Signature of Fee Owner Date GApLAN\forms\Development Review Application.DOC Rev. 12/05 FARMSTEAD: All of Lot 1, Blo 1, THE HESSE FARM 2ND AD ION and All that part of Lot 2, Blo 1, THE HESS ARM 2ND ADDITION, according to the duly recorded plat thereo , escrib as follows: Beginning at the most a edy rner of said Lot 2; thence run southwesterly along a southeas line thereof for a distance of 207.00 feet on an assuff jZbearing of South egrees 09 minutes 03 seconds West; thenceWorth 45 degrees 18 minutes seconds West for a distance of 02.45 feet; thence North 300.00 fee ore or less to the most northeri corner of said Lot 2; thence run southeaste long the Wortasterly line of said Lot 2 to the point of beginning. 21.76 ACRES PARCEL BELOW RAILROAD TRACKS, BOTTOM OF HILL: CARVER COUNTY TAX PARCEL # 25.0350500 21.76 ACRES in East 1/2 of Northwest 1/4 & in Southwest 1/4 of Northeast 1/4 EXC P/O North 1/2 Section 35 Described as: Commencing at Northwest Corner North 1/2 thence South 86 degrees East along North line N1/2 1084.33'. Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Section 7-35 Applications for Earth Work Permits Q: The name and address of the operator and owner of the land. A: Operator: Zumbro River Constructors 312 Lake Hazeltine Drive, Suite 100 Chaska, MN, 55318 Ph:952-368-5600 Cell:612-685-5289 Owner: Brad Moe and Harold Hesse 14372 Westridge Drive Eden Prairie, MN 55347 Date: June 29, 2006 Q: The correct legal description of the property where the activity is proposed to occur. A: 21.76 Acres Parcel below Railroad Tracks, Bottom of Hill, Carver County Tax Parcel #25.050500 21.76 Acres in East 1/2of Northwest 1/4 in Southwest 1/4 of Northeast 1/4EXC P/O North 1/s Section 35, Described as: Commencing a Northwest Comer North Yz thence South 86 degrees East along North line Nl/2 1084.33 Q: A certified abstract listing the names of all landowners owning property within 500 feet of the boundary of the property described above. A: City personnel expressed that this is done by the City Q: Provide the following: a. Proposed Grading Plan - Answer ; provided herein b. Proposed Stockpile Sites - Answer; Not Applicable, except for topsoil which will be replaced in a couple of weeks. c. The physical relationship of the proposed designated site to the community and existing development - Answer; See attached 7.5 minute map. d. Site topography and natural features including location of watercourses and water bodies - Answer; See grading plan, Secondly, no watercourses or bodies of water are lie within the area of this grading plan. e. The description and quantity of material to be excavated - Answer; No excavation is required, approximately 90,000 cubic yards of material will be placed as fill. f. The depth of water tables throughout the area. Answer - Water table is more than 8' below grade. g. The location and depth of wells and buried garbage, water, and fill. Answer - Not applicable, there are no wells, buried garbage, water, fill, etc in this area. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Q: The purpose of the Operation? Date: June 29, 2006 A: The property owners would like to receive some fill materials to fill in a low farmland hay field. Q: The estimated time required to complete the operation A: Approximately five weeks. ZRC generally moves over 4,000 cubic yards of material per day by truck alone. Q: Hours and months of operation A: Hours of operation are between lam and 5pm but are flexible. Month of operation will depend on the approval of the permit, but we are predicting sometime in August, September or October of 2006. Q: A tree survey indicating the location and type of all trees over 6 inches in caliper. A: See attached grading plan. Q: An end use landscape plan and interim screening plan for the operation period. A: Not applicable due to the short duration of the activity. Landscaping will be re-established to the original condition, i.e. a hay field. Seed will be picked by the owner. Q: The plan of operation, including processing, nature of the processing and equipment, location of the plant source of water, disposal of water and reuse of water. A: Not applicable, should not use any water, except for dust control and compaction. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Q: Travel routes to and from the site and the number and type of trucks that will be used. A: Fill will be placed with trucks from the Hwy 212 project coming from Audubon/New 212 Intersection. Trucks will travel from the Audubon/New 212 Intersection down Bluff Creek Drive to the fill location. This haul will minimize the amount of hauling in the Chanhassen area. Q: Plans for drainage, erosion control, sedimentation and dust control. A: Drainage patterns are not being altered. Erosion control will be provided in accordance with Chanhassen, Bluff Creek Watershed and MnDot standards. In the event the standards conflict with one another, the more stringent standard will apply. Standard erosion control measures such as silt fence and rock checks are shown on the plan. Area will be permanently seeded and mulched within 7 days of completion of the grading. Applicant will install the erosion control measures per the standard City of Chanhassen plates attached. Q: Restoration Plan: A: Area will be restored to a hayfield per the contours and x-sections shown on the grading plan. Q: Provide the contour of the land prior to excavation and proposed contours after completion of excavation and after completion of restoration. A: See Grading Plan Q: Those areas of the site to be used for storage of topsoil and overburden. A: Topsoil will be stockpiled around the perimeter of the grading area for a short tens duration of approximately one week. Q: A schedule setting forth the timetable for excavation of land lying with the extraction facility. A: Approximately five weeks of a filling operation, no excavation should be necessary. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Q: The grade of all slopes after restoration, base upon proposed land uses and description of the type and quantity of plantings where revegetation is to be conducted. A: See grading plan and cross sections. Area will be reseeded using a hay mix identified by the owner. Q: A statement identifying the applicant's program to insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. A: The applicant for this project is Zumbro River Constructors whom are responsible for the construction of the new Hwy 212 project. As part of this project, ZRC has numerous environmental compliance personnel who can respond to any environmental or permit issues. Additionally, public complaints will be heard and responded through our public relations department. The contact person is Paige Andrews, Phone 612-685-3954. If this person is not available, please contact the Segment Manager for this area who is Mike MacArthur, Cell 612-685-5289. Q: Provide the criteria and standards to be used to achieve final restoration as wells as intermittent stabilization. A: The area will be re-established to a hay field unless the City of Chanhassen has other requirements we are not aware of. Due to the short duration of the project, intermittent stabilization other than the erosion control shown on the grading plan should not be necessary. Q: Provide, unless exempt under Minnesota Rules, an environmental assessment worksheet, if required by the City. A: To our knowledge this is not required for this application. Q: Provide a wetland alteration permit, if require by the City Code, which shall be processed concurrently with the excavation permit application. A: No wetlands are affected by this application. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 ZUMBRO RIVER CONSTRUCTORS h:P o5 -, �0 •� I e I' C^.9sIA lat 1 yi _,I o ' _st- II �.,, �J oo • ° • �- / , ' ' . 1 ' / O - ,a' II •/ , (t/,k " l..J it v_ v(�� .► �.. J t:� //'s--\ I �'r=` / j ! I .k? 7 tr 'w " . k 'Il): �I -J� '+�'It e%`fo{' f+' \. I ) O !i`t) , f C )� 0 \.( 1 �• w 11 /+' ' I f r ,\ ( 1; I I , I)� / "` Y. .•-\ i :`�. � > �1?• I (i I I , t .N N. "` +W �" M 1 �' )) II'i 1 i , (`''' J a.•P' ,� ` ;_.--� 1.r '� +T „o !\! r,' I' 1�`; :: In Roo Rry0° it I \ _.-II .'I-.. V . 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I� O I�' ( ._ - /""1,•'�-I . 1 .A � 'r � �' 4' � ' • I � '\ . /' III ' ,�� ' \§ y� � �,t 11 IQ\..o! , ! ��ij(r�`;-I�..�J- Ir♦ \It 'kl' Ih 'I,!� ._ I- I \ � 1 jpl l � ®�In � ; JI ,llg ul ; l.' s 9 � ,•/ I a ' ,� ' II''Y'I ;i ' '! 1'+ p 'pt® 'It 'I r ,Ijl'I. 1 `' ' il' >'•y 'kl 1�1�71 P� i� Nk _ �I � I CP P !it; cc ,x yoo J I. euAty .;,: t..• .' t. . .. I Il ll min As n ,, _ eS ,, I J Ill a p II .. II\ 1�,r�r_'m'".°a�''•�B "".•�`t8''"' +"` •_. CBI .. .I 76 l h`-.� ; Q JohryjIn_..... .-_._ ,I. +a +,,. .. `N .. `.I r• v RVGR (10 �J r t' r ' n - 1 Cu. ��OFmtt-Y COTT C(1 � %A+r.[Igly'•,) �tif ��! llr "•�_-•-- i• _ -. _ % +'�/ -r .ox It �� wq �� x •. ,4>: ,. /� li TralierPerk._ I h _. __ pw nl. i� u � Park i ui 4 F.`a ti• `u .j jt'F� ' �j . >�� i "e r �i jam/ ®i•"••4 n -^s .x. ek 6 v 1L ao - •Nyasene w. AV Lake • 1' 0 AL _++* . ._I.. jI IJ� a4F.vull •y'• / r` 0,t. .i��•"•+ /oa I ' AMarks -• .. r1/ , '1. ,✓1° em D II:'i 1 j I�j/j� C� NI t Marlys' k• . I Isp `�� @, l i �a y `M1 P2 1 I it II ezz 12- 10 '. ,, f --r it fi �r. �b1>O.r. _� �.�+� f (:i' �� • / (1 r•'' Iuo(n �\ C'l K ,'!,I \(\J EEVEE f t\'�r IJ.0 ,4 — �w•z.>-�:.. _ --1 Her P rk ij Park s�Al \\\\v \ tRIF \ aywm •r:I Substation eso) `-D 1 A: �. Trailer Park bo I - \ T F \• ,� ri/ L75'/ .BoO A K. S 0 \\ ' ro yoo• ' eat V 13 air- - /�-! ' it 'tp I,. railer + ( (C\ ' I �� .'-f•' LOG e�oc ` !bo Sc ALE Trees -I�a bQ go. ,q,�a-d (brarage-Fr,[Iow5 �'�osofil To�sa%� 5'foaK�O%l�� Station3+86.02 Horizontal scale is 1" = 40ft Vertical scale is 1" = 20ft Center line Coordinates N = 163148.6268 Mix URN 740 Station2+86.02 Horizontal scale is 1" = 40ft Vertical scale is 1" = 20ft Center line Coordinates N = 163148.6268 E = 555974.2288 fT=+7 760 740 too Station3+86.02 Horizontal scale is 1" = 40ft Vertical scale is 1" = 20ft Center line Coordinates N = 163148.6268 hm 350 740 rwj Station2+86.02 Horizontal scale is 1" = 40ft Vertical scale is 1" = 20ft Center line Coordinates N = 163148.6268 E = 555974.2288 780 760 740 Planning Case No. CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: Owner Name and Wdress: � ,t_.r, l,ro MN, S53/A Contact: M Ka M'�cA,.tl, .e. Contact: Phone: Au-d85.ss89 Fax: 952-_?68-9S/6 Phone: Fax: Email: 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 ([UP) 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) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attomey Cost*` - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTALFEE 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. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/:" 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 N LOCATION: LEGAL DESCRIPTION ��t Sac�e 35 ( NE yl a r St )YAj oZS ' D 24LI cz TOTAL ACREAGE:_ Apan„r 6 $ Ace-&s r r WETLANDS PRESENT: YES X_ NO PRESENTZONING: ref r ' y-1 Az REQUESTED ZONING: NA A2 PRESENT LAND USE DESIGNATION:A e. /J REQUESTED LAND USE DESIGNATION>i REASON FOR REQUEST: .Tah.j- 6, *ke Affia0gIQPoT_ 6 — p,ti JJ :x o _, 000 C y of F l! 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 detemdne 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. 1 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself infomled 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 We and correct to the best of my knowledge. 6 D to 16 G \pLANUorms\Developm ra Review Application. DOC Rev 12/05 Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Section 7-35 Applications for Earth Work Permits Q: The name and address of the operator and owner of the land. A: Operator: Zumbro River Constructors 312 Lake Hazeltine Drive, Suite 100 Chaska, MN, 55318 Ph: 952-368-5600 Cell: 612-685-5289 Owner: John Klingelhutz 1560 Bluff Creek Chanhassen MN. 55318 Q: The correct legal description of the property where the activity is proposed to occur. A: 1560 Bluff Creek Drive, Chanhassen MN, 55318 Carver County; Township 116 North, Range 23 West, Section 35 (NE 1/4, of SW 1/4) Q: A certified abstract listing the names of all landowners owning property within 500 feet of the boundary of the property described above. A: City personnel expressed that this is done by the City Q: Provide the following: a. Proposed Grading Plan - Answer ; provided herein b. Proposed Stockpile Sites - Answer; Not Applicable, material will not be stockpiled. c. The physical relationship of the proposed designated site to the community and existing development - Answer; See attached 7.5 minute map. d. Site topography and natural features including location of watercourses and water bodies - Answer; See grading plan, Secondly, no watercourses or bodies of water are lie within the area of this grading plan. e. The description and quantity of material to be excavated - Answer; No excavation is required, approximately 30,000 cubic yards of material will be placed as fill. f. The depth of water tables throughout the area. Answer - Water table is more than 20' below grade. g. The location and depth of wells and buried garbage, water, and fill. Answer - Not applicable, there are no wells, buried garbage, water, fill, etc in this area. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Q: The purpose of the Operation? A: John Klingelhutz would like to receive some fill materials to reduce the steepness of some of some of his pasture slopes. The area which will receive fill is approximately 6.8 acres in size. Q: The estimated time required to complete the operation A: Approximately one week time. ZRC generally moves over 20,000 cubic yards of material per day. Q: Hours and months of operation A: Hours of operation are between lam and 5pm but are flexible. Month of operation will depend on the approval of the permit, but we are predicting sometime in August, September or October of 2006. Q: A tree survey indicating the location and type of all trees over 6 inches in caliper. A: See attached grading plan. Q: An end use landscape plan and interim screening plan for the operation period. A: Not applicable due to the short duration of the activity. Landscaping will be re-established to the original condition, i.e. a hay field. Seed will be picked by the owner. Q: The plan of operation, including processing, nature of the processing and equipment, location of the plant source of water, disposal of water and reuse of water. A: Not applicable, should not use any water, except for dust control and compaction. Q: Travel routes to and from the site and the number and type of trucks that will be used. A: Fill will be placed with scrapers which will cross the new Hxt", 212 alignment and access Mr. Klingelhutz's property without going on public roads. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Q: Plans for drainage, erosion control, sedimentation and dust control. A: Drainage patterns are not being altered. Erosion control will be provided in accordance with Chanhassen, Bluff Creek Watershed and MnDot standards. In the event the standards conflict with one another, the more stringent standard will apply. Standard erosion control measures such as silt fence and rock checks are shown on the plan. Area will be permanently seeded and mulched within 7 days of completion of the grading. Applicant will install the erosion control measures per the standard City of Chanhassen plates attached. Q: Restoration Plan: A: Area will be restored to a hayfield per the contours and x-sections shown on the grading plan. Q: Provide the contour of the land prior to excavation and proposed contours after completion of excavation and after completion of restoration. A: See Grading Plan Q: Those areas of the site to be used for storage of topsoil and overburden. A: Topsoil will be stockpiled around the perimeter of the grading area for a short term duration of approximately one week. Q: A schedule setting forth the timetable for excavation of land lying with the extraction facility. A: Approximately one week of a filling operation, no excavation should be necessary. Q: The grade of all slopes after restoration, base upon proposed land uses and description of the type and quantity of plantings where revegetation is to be conducted. A: See grading plan and cross sections. Area will be reseeded using a hay mix identified by the owner. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Q: A statement identifying the applicant's program to insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. A: The applicant for this project is Zumbro River Constructors whom are responsible for the construction of the new Hwy 212 project. As part of this project, ZRC has numerous environmental compliance personnel who can respond to any environmental or permit issues. Additionally, public complaints will be heard and responded through our public relations department. The contact person is Paige Andrews, Phone 612-685-3954. If this person is not available, please contact the Segment Manager for this area who is Mike MacArthur, Cell 612-685-5289. Q: Provide the criteria and standards to be used to achieve final restoration as wells as intermittent stabilization. A: The area will be re-established to a hay field unless the City of Chanhassen has other requirements we are not aware of. Due to the short duration of the project, intermittent stabilization other than the erosion control shown on the grading plan should not be necessary. Q: Provide, unless exempt under Minnesota Rules, an environmental assessment worksheet, if required by the City. A: To our knowledge this is not required for this application. Q: Provide a wetland alteration permit, if require by the City Code, which shall be processed concurrently with the excavation permit application. A: No wetlands are affected by this application. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Section 7-35 Applications for Earth Work Permits Q: The name and address of the operator and owner of the land. A: Operator: Zumbro River Constructors 312 Lake Hazeltine Drive, Suite 100 Chaska, MN, 55318 Ph: 952-368-5600 Cell: 612-685-5289 Owner: John Klingelhutz 1560 Bluff Creek Chanhassen MN, 55318 Q: The correct legal description of the property where the activity is proposed to occur. A: 1560 Bluff Creek Drive, Chanhassen MN, 55318 Carver County; Township 116 North, Range 23 West, Section 35 (NE '/., of SW /4) Q: A certified abstract listing the names of all landowners owning property within 500 feet of the boundary of the property described above. A: City personnel expressed that this is done by the City Q: Provide the following: a. Proposed Grading Plan - Answer; provided herein b. Proposed Stockpile Sites - Answer; Not Applicable, material will not be stockpiled. c. The physical relationship of the proposed designated site to the community and existing development - Answer; See attached 7.5 minute map. d. Site topography and natural features including location of watercourses and water bodies - Answer; See grading plan, Secondly, no watercourses or bodies of water are lie within the area of this grading plan. e. The description and quantity of material to be excavated - Answer; No excavation is required, approximately 30,000 cubic yards of material will be placed as fill. f. The depth of water tables throughout the area. Answer - Water table is more than 20' below grade. g. The location and depth of wells and buried garbage, water, and fill. Answer - Not applicable, there are no wells, buried garbage, water, fill, etc in this area. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Q: The purpose of the Operation? A: John Klingelhutz would like to receive some fill materials to reduce the steepness of some of some of his pasture slopes. The area which will receive fill is approximately 6.8 acres in size. Q: The estimated time required to complete the operation A: Approximately one week time. ZRC generally moves over 20,000 cubic yards of material per day. Q: Hours and months of operation A: Hours of operation are between lam and Spm but are flexible. Month of operation will depend on the approval of the permit, but we are predicting sometime in August, September or October of 2006. Q: A tree survey indicating the location and type of all trees over 6 inches in caliper. A: See attached grading plan. Q: An end use landscape plan and interim screening plan for the operation period. A: Not applicable due to the short duration of the activity. Landscaping will be re-established to the original condition, i.e. a hay field. Seed will be picked by the owner. Q: The plan of operation, including processing, nature of the processing and equipment, location of the plant source of water, disposal of water and reuse of water. A: Not applicable, should not use any water, except for dust control and compaction. Q: Travel routes to and from the site and the number and type of trucks that will be used. A: Fill will be placed with scrapers which will cross the new Hwy 212 alignment and access Mr. Klingelhutz's property without going on public roads. ZUMBRO RIVER CONSTRUCTORS I SAMPLE EROSION CONTROL PLAN FOR INDIVIDUAL LOTS MAINTAIN A 16 FOOT BWFER BETWEEN EDGE OF WATER AND DISTURBED SOIL . . . . . . . . . . . . . . . . . . . LIT 1 SURFACE WATER OR WATERWAY LOT 3 see tletall B 5300 LOT 2 OPTION I CRESCENT DVERAT PROPERTYa INEE BUTT I I I TT FENCE TOGETHER AT FENCE ' PROPERTY LIRE `LMGEND 7SE B ROhGM ai rv¢ PERINETER \ \ DRIVE �C B L FRITTER OVER -LAP SILT FENCE STREET ENTRANCE STORM SEVER INLET WIMCO OR SIMILAR INLET PROTECTION DETAIL 5302A SEDIMENT CONTROL * Perimeter sediment controls are necessary at downsloping property and street edges. Note that sediment controls need to provide containment by turning perimeter controls upslope—into property. * Perimeter controls can include mulch socks, mulch berms and/or silt fence. EROSION CONTROL * Topsoil —Site has a minimum of 4-6 inches of topsoil. * Construction entrance-1.5 to 3—inch clean rock at a depth of 6 inches. * House Roof Perimeter —Straw mulch at 2 inches deep around house directly below roof line. If house has rain gutters, downpouts need energy dissipation. * Slopes —Steeper than 4:1 need fiber blankets and temporary or permanent seeding. * Swales—Need check dams or blankets. CITY OF EROSION CSAWBASSEW CONTROL REVISED: 1-06 DATE: PLATE NO.: 5302B FILE NAME: 393_53028 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 07/25/2006 2:43 PM Receipt No. 0017916 CLERK: katie PAYEE: MICHAEL MACARTHUR PLANNING CASE 06-28 --------------------------------- ----- GIS List 114.00 Total Cash Check 529 Change 114.00 0.00 114.00 0.00 BCANNED , RECEIPT CITYOF 7700 MARKET BLVD. • P.O. BOX 147 CHEASSENPHONE:.952) 227N 55317-1111 00- RECEIVED OF MgQ.Q , ' 44,t.�TE No. 78417 7 b5b DESCRIPTION PERMILIC. AMOUNT FUND SOURCE OBJ. PROG. / Aolg�?=�Av Owners C-. / - Q Z r A,Vr Cong1 r TUP JUOb -a$ � l��n,u PUaTREASURER TOTAL AMOUNT 1 �t--' (xJ CHECK, ' CASH ❑ SCANNED 5� CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 07/03/2006 8:19 AM Receipt No. 0015150 CLERK: katie PAYEE: MICHAEL MACARTHUR ZUMBRO RIVER CONSTRUCTORS PLANNING CASE 06-28 ------------------------------------------------------- Use & Variance 575.00 Sign Permit 600.00 Total Cash Check 523 Change 1,175.00 0.00 1,175.00 0.00 , A'e i.I r City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 Date: July 3, 2006 To: Development Plan Referral Agencies From: Planning Department 7/14/06 UPDATE: Location map (on reverse) updated to show all three properties affected. By: Robert Generous, Senior Planner Subject: Zumbro River Constructors — Request for an interim use permit for off -site grading for the disposal of dirt from the Highway 312 Corridor on property located at 1560 Bluff Creek Drive and 1425 Bluff Creek Drive Planning Case: 06-28 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on June 30, 2006. The 60-day review period ends August 29, 2006. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 1, 2006 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than July 21, 2006. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Mmnehaha Creek 9. Telephone Company (Qwest or SprintfUnited) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANWe Location Map Zumbro River Constructors 312 Interim Use Permit Planning Case 06-28 {CANNED August 29, 2006 Mr. Mike MacArthur CITY OF Zumbro River Constructors �312 S S�N N Lake Hazeltine Blvd., Ste. 100 jar Chaska, MN 55318 7700 Market Boulevard PO Box 147 Re: Planning Case #06-28 Chanhassen, MN 55317 Hesse/Moe Property at 1425 Bluff Creek Drive Administration Phone: 952227.1100 Dear Mr. MacArthur: Fat 952227.1110 Building Inspections This letter is to notify you that the city will be unable to complete the review of Phone: 952.227.1180 your project within the 60-day review period that ends August 29, 2006. Pursuant Fax:952.227.1190 to Mn. Stat. 15.99, you are hereby notified that the city is extending the time to Engineering complete review of your application for an Interim Use Permit to grade the above - Phone: 952.227.1160 referenced property by 60 days, through October 28, 2006. The extra time is Fax:952.227.1170 necessary because of the complexity of your application. City Council tabled this Finance item to permit you to revise the grading plan to provide additional detail and Phone:952.227.1140 information on traffic and to address Storm water drainage issues. Fax 952.227.1110 Park & Recreation If you wish to continue to pursue this project, please have revised grading plans to Phone:952.227.1120 the city for review by September 22, 2006. If you do not want to continue with Fax: 952.227.1110 this site, please send a letter withdrawing the application. If we do not receive Recreation center revised plans or a letter of withdrawal, the city will schedule this item for denial 2310 Coulter Boulevard Phone: 952.22by the City Council at their October 9, 2006 meeting. Fax: 952.227.1404 If you have any questions or need additional information, please contact me at Planning & (952) 227-1131 or beenerous @ci.chanhassen.mn.us or Paul Oehme at (952) 227- Natural Resources Phone:9522271130 1169 0r poehme@Cl.ChanhaSSen.mn.US. Fax: 952.227.1110 Sinc Public Worts 1591 Park Road Phone: 952.227.1300 - Fax 952.227.1310 Senior center Robert Generous, AICP Phone:952.227.1125 Senior Planner Fax: 952.227.1110 Web site ec: Kate Aanenson, Community Development Director wvm.ci.chanhassen.mn.us Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Paul Oehme, City Engineer Harold Hesse Brad Moe gAplan\2006 planning cases\06-29 zumbro river constructors 312\eztension IetterAcc The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play, Kimley-Horn <- and Associates. Inc. Memorandum To: Alyson Fauske From: Kimberly Benson Date: July 14, 2006 Subj: Interim Use Permit Applications ■ Suite 345N 2550 University Avenue West St. Paul, Minnesota 55114 I have reviewed the three Interim Use Permit Applications you sent to our office this week with regards to drainage impacts and conformance with City Code requirements. The three permit applications were all submitted by Zumbro River Constructors and involve grading portions of the John Klingelhutz, Harold Hesse, and Brad Moe properties. My comments regarding Chapter 7, Article III of the City Code, Excavating, Mining, Filling, and Grading, address all three submittals together, as they are submitted by the same contractor and follow the same submittal procedure. My comments regarding the drainage impacts of each grading project are addressed individually below. Conformance with Chanhassen City Code (Chapter 7, Article H1) • Earth work permit, as required in Section 7-35 has been applied for through this permitting process. • Items 1 through 17 of Section 7-35 have been addressed and included in the permit application. These items include but are not limited to: quantity of material for fill, tree survey, depth of water table, estimated duration of work, areas of proposed stockpiles, measures for erosion control, and existing/proposed contours. • Slopes on all three sites are not steep enough to require fencing per Section 743. • Topsoil is stockpiled for screening where appropriate on the Moe and Hesse properties in accordance with Section 744, item 4. • Earthwork is proposed to be performed during hours in accordance with times established by the City Council per Section 745. • The proposed plans do not attempt to alter the present zoning at any of the three sites, per Section 7-46, item 1. TEL 651 645 4197 FAX 651 645 5116 Alyson Foulke July 14, 2006 Page 2 of 3 Comments on Drainage Impacts Klineelhutz Annlication • Mr. Klingelhutz would like soil placed on his Chanhassen property to even out some steep slopes and maintain more of a constant slope through his property. The proposed operations would require approximately 30,000 cy of fill material for a 6.8 acre area and would take approximately one week to complete. • In the existing condition, water generally flows to the southeast edge of the property, along Bluff Creek Drive, and collects at a low point. • In the proposed condition, water is similarly directed to the southeast, but a drainage Swale will be graded along Bluff Creek Drive to direct water to the northwest toward a rock check Proposed contours tie in with existing contours at the northwest comer of the project area. This proposed grading will reduce ponding at the low point. • The proposed operations will involve scrapers crossing the proposed TH 212 alignment to the grading site; scrapers will not travel on public roads. • No tree removal is proposed • Erosion control includes silt fence around the perimeter of the site, protecting debris from being transported onto Bluff Creek Drive. • The area is proposed to be seeded and mulched within seven days of grading operations. • Topsoil stockpiles cannot be feasibly constructed as a screen between the grading operations and Bluff Creek Drive since a drainage swale is being graded at that location. Topsoil is proposed to be stockpiled at two locations on the north end of the site for the one week duration of the grading - Hesse Aoplication • Mr. Hesse would like to fill in a low area of his Chanhassen property which is currently a familand hay field The proposed operation would require approximately 90,000 cy of fill material and would take approximately five weeks to complete. • In the existing condition, water generally flows to the south end of the site, away from Bluff Creek Drive. Slopes are as steep as 5:1 on the north end of the project site. Slopes on the south end of the project site are shallower; around 13:1. • In the proposed condition, the center area of the site would be raised as much as 27 feet in some places. Instead of flowing directly south, runoff would be directed to the southeast corner of the site. Because the area in the middle of the site is raised, slopes on the east and west sides of the project area would be considerably steeper, 3.5:1 as compared to nearly flat in the existing condition. Alyson Fawke July 14, 2006 Page 3 of 3 • The fill material is proposed to be transported from the new TH 212/Audubon Road intersection, down Bluff Creek Drive to the grading location. • Trees are being removed along Bluff Creek Drive due to grading operations. No new landscaping is proposed • Erosion control includes silt fence around the perimeter of the site, protecting debris from being transported out of the grading area. • The area is proposed to be seeded and mulched within seven days of grading operations. • Topsoil stockpiles are placed on the south end of the site so as not to interfere with clearing and grubbing activities on the north end Moe and Hesse Anulication • Mr. Moe and Mr. Hesse would like to raise the grades of a low lying area of their Chanhassen property. The proposed operation would require approximately 35,000 cy of fill material and would take approximately three weeks to complete. • In the existing condition, runoff is directed to a low point on the southwest side of their property. • In the proposed condition, the land would be re -graded to be brought up as much as 22 feet in some places. Runoff would collect in a swale along West Farm Road and be directed the same low spot location as in the existing condition. Overall, the proposed grades would be less steep except for the swale area adjacent to West Farm Road • The fill material is proposed to be transported with trucks coming from the new TH 212/Audubon Road intersection. • Trees are being removed adjacent to the land owners' corral and pasture for grading operations. • Erosion control includes silt fence around the perimeter of the site, protecting debris from being transported onto the adjacent property. • The area is proposed to be seeded and mulched within seven days of grading operations. • Topsoil stockpiles are placed along the west property line to act as a screen between the grading operations and the adjacent property owner's land Conclusions All three applications are in conformance with items Chapter 7 of the City Code regarding grading and the permitting process. In all three cases, land owners would like to raise low points on their properties. Drainage patterns are not significantly altered on any of the three sites as runoff will flow in the same general direction in the proposed conditions. CITY OF CHANHASSEN 7700 MARKET BLVD PO BOX 147 CHANHASSEN, MN 55317 Alyson Fauske, Please extend the review period for the Interim Use Permit request for off site grading for the disposal of dirt from the 212/312 corridor on property located at 1425 Bluff Creek Drive until November 14t", 2006. City of Chanhassen Planning Department - Case number 06-28. Thank you for your assistance in this matter. Harold Hesse 1425 Bluff Creek Drive Chaska, MN 55318 Br oe 72 Zstridge Dive Br Prairie, MN 55347 (952)937-9913 bradmoe@yahoo.com Dated Dated /D :2 �-3 �,( o(C-a'y City Council Meeting - August 28, 2006 The applicant shall evaluate the potential for wing walls between the patios on the three- plexes. 2. The single family, two-plexes and three-plexes shall be built as shown on the elevations and floor plans dated received August 18, 2006. 3. The applicant shall submit two additional colors for the Hardie Board siding. 4. The applicant shall add a pitched element above each entryway to further add to the articulation of the roof line. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Councilman Lundquist: Did we do the site plan too? Mayor Furlong: Did he get the site plan in there? I thought he did. You got all of them didn't you? Councilwoman Tjomhom: Yes. Mayor Furlong: That's what I thought. Very good. REQUEST FOR INTERIM USE PERMIT FOR OFF -SITE GRADING FOR THE DISPOSAL OF DIRT FROM THE HIGHWAY 312 CORRIDOR ON PROPERTY LOCATED AT 1560 BLUFF CREEK DRIVE AND 1425 BLUFF CREEK DRIVE AND Paul Oehme: Mayor, City Council members. Zumbro River Constructors is, are the contractor for the 212 improvements and they're looking at additional site disposal for excess material for this project. They have discussed several opportunities with existing property owners out here for disposal of excess material and they have requested that the City Council consider Interim Use Permits for this grading. Staff has reviewed these applications. We are in favor of one site. And the other two, we're requesting that the council consider denial. The sites are all located on Bluff Creek Drive. One off of Hesse Farms Road and two off of Bluff Creek Drive as shown here. The new 212 alignment is shown. The first I'd like to just go through each of these sites real briefly. The fast site is the site off of Hesse Farms Road. Mayor Furlong: Is this Site #1 in the staff report? You're going to take them in order? Thank you. Paul Oehme: Yes, I'll try to do them in order. Mayor Furlong: Okay. 31 ac"wra City Council Meeting - August 28, 2006 Paul Oehme: The actual site is just off of Bluff Creek Drive, like I said, by Hesse Farm Road, right at the comer here. Approximately 35,000 cubic yards of material are requested to be brought to this site. Graded and approximately 22 feet of material will be placed in this location. Currently the site is kind of a low lying area. There's existing I think water and fence line up here. If this application is approved, several trees would have to be removed and either topsoil taken off and stock piled and re -graded out here. The site would be restored, seeded I believe and restored in that fashion. Two issues that the staff has concerns with. One is traffic along Bluff Creek Drive. The other is still drainage. In the background we put together, the main issue that was raised there was the access. The truck traffic on Bluff Creek Drive. If this application was to move forward, we'd request that the items 1 through 9 be considered for approval as well. With 35,000 cubic yards of material, we're estimating about 3,500 trips per truck. 3,500 truck trips out here to deliver the material, which is fairly significant on Bluff Creek Drive. Bluff Creek is a collector roadway. It does have the structural capacity to handle those type of trips. However there would be some degradation associated with those trips. We would request that access, if approved, be brought off on Hesse Farm Road and not off of Bluff Creek Drive since that is an urban section, curb and gutter which potentially damage the street. The other issue is drainage. Again this is kind of a low lying site. Most of the existing site does drain to kind of the west, southwest area and more or less sits here. I don't believe there's a culvert underneath West Farm Road to drain this area right now. The applicant has shown preliminary drainage patterns in this area that do show the water running more or less existing location but they also do show drainage off to the east into West Farm Road. The West Farm Road is a private drive. However there is no culvert at this location, basically at Bluff Creek Drive and West Farm Road to handle some of the drainage that the applicant is proposing to drainage way. Naturally this is one of the higher points of the whole area as well. Another issue that we feel would negatively, could potentially negatively affect the property owner to the west. This is low lying area. I mentioned water does sit here from time to time. However this area is being built up. All the drainage now is being forced on the adjacent property with no outlet, which does raise some concerns for staff. I do not know if the property owner has discussed that with the adjacent property owner but it's an issue that has been raised and staff continues to feel it is an important issue that has not been addressed at this time. The second area, or interim use permit area is #2 in your background. It is off of Bluff Creek Drive. This area is proposed to place 90,000 cubic yards of material into a relatively flat area. The area does slope generally to the south, southwest. Bluff Creek Drive is the higher elevation area. Approximately 27 feet of fill would be brought to the site. Kind of a cross sectional area. What potentially that will look like looking from north to south, actually from, this is the south location and this is the north so the area will be brought up significantly from it's current condition right now. It's a corn field but there is an existing property just to the south of here, Bed and Breakfast that potentially could receive some negative impacts because of the fill in this area. It's being proposed to be placed. If council does think this application should move forward there are 9 items in the background that staff would recommend you'd include in the application if it were to move forward. Again drainage is an issue out here too. They are showing a tow ditch on their property, on the south side of the, south side to handle drainage currently here, I'm showing the Bed and Breakfast right here. There is no other structures that are out here. Another issue that was raised, a matter by our water resource department is the Seminary Fen is potentially is a recharge area so those issues should really be addressed before any material would be brought to the site. The third and final site is the very north site, along Bluff Creek Drive. This site is proposed to be, this has C .. :.a 32 City Council Meeting - August 28, 2006 30,000 cubic yards of material brought in. Currently the topography does drain to the west towards Bluff Creek Drive. With the 30,000 yards of material to be brought in, about 27 feet in some areas. The grading would cross section would look similar to this. Again this being the existing contours and the proposed grading is shown here so. Staff has looked at the drainage in this area and traffic. There's a lot, for construction purposes, material be brought in. ZRC is proposing to bring in this material, off Bluff Creek Boulevard so we will not have any other ... our collector roadway out here. Drainage wise we have looked at that again and we don't see any potential negative effects because ... so we are in support of approving this site 3. At this time, if council has any questions, I stand to try to answer them. Mayor Furlong: Thank you. Questions for staff. Councilman Lundquist: Paul, in looking, if I did the math, you've got 150,OOO cubic yards you're looking to put somewhere, right? Paul Oehme: Correct. Councilman Lundquist: And staff is supporting one site at 30,000. Paul Oehme: That's correct. Councilman Lundquist: So where's the other 120 going to go? Find another place to haul it to? Paul Oehme: Find another place to haul it. The applicant can address that but they are hauling a large volume of material off site. They are looking at other sites throughout the corridor to deposit this material so any of these type of grading ... by ZRC, they would have to go through the same process as they're talking here tonight, unless they are wanting a corridor. Councilman Lundquist: You call it an interim use permit but they don't ever intend to take that material back out of there do they? Paul Oehme: That's correct, no. Councilman Peterson: Good point. Councilman Lundquist: And is this typical as we do road projects to be doing this as you go along or is this driven by some other change that came up with a design build project and these are the details you hit when you get that far along? Paul Oehme: These are the details that they have with this size of a project. I believe when we started a project, there was approximately 2 million cubic yards of excess material that had to be hauled off site, so it's in the best interest of both MnDot and the contractor to find sites close to or at one of the corridors to deposit this material. They are building noise berms, or berms, sight berms along the corridor currently right now to deposit some of this extra material too, so they are looking for sites specifically along the 212 corridor and now we're getting into other areas off 33 City Council Meeting - August 28, 2006 the corridor in residential or private areas, or potentially that will benefit both the contractor and the project. Councilman Lundquist: Then the owners out there by the Hesse Farms, have you spoken, or have you gotten feedback from them at all? We've got some from the bed and breakfast, gotten feedback but the other site. Have you gotten any feedback from them at all? Paul Oehme: Just in your background. I've not received any other feedback from the property owners on Hesse Farms in the last week. If we would have received any additional comments, we would have put them in your packet earlier or included them at this time. Councilman Lundquist: Okay. Todd Gerhardt: Mayor, council members. The two sites, the 90,000 cubic yard site next to the fen, our biggest concern there is the impact on the fen itself and it is a very sensitive area and the amount of fill going in there, you know not having an environmental study in front of us, that's a question of concern. Whatever you do, activity in that area, we see red flags going up so that's our number one concern there. As to the Hesse Farms site. We have not contacted the property owners to let them know that we are, staff, recommending denial of that site which is contrary to what the Planning Commission recommended. There is drainage concerns, that Paul mentioned there, and the possibility of pushing water onto a neighboring property. Until those issues can be resolved, staff is recommending denial of that site. And as to the site to the north, that one looks as if we can accommodate them on that location. Councilman Lundquist: So would it be staffs intention to look further at that other site on West Farm Road and look at that more? Or would you say that they'll find another... Todd Gerhardt: We'll work with ZRC like we have on all their projects. We've looked at a variety of different berms along the corridor but you know, I give credit to Paul for going out there today and checking this site out. Concerned where's this water going to go? It's flowing one direction. They're showing it back flowing in another. Can that culvert handle it? Pushing the water onto the neighbor. Better to address the issue now until the neighbor has a pond in his back yard that he's never had before. Councilman Lundquist: So better to address the issue by denial or address the issue by not making a decision on that one and looking at it more? Todd Gerhardt: You can deny it. Table that one and we'll work with ZRC on that site. There is a benefit to the land owner to give him a more usable piece of property with the fill in there versus the hole he has now. But we'll work with them. You know we're not trying to have then push the dirt someplace else but we want to make sure that we know where the waters going and that it can handle it. Mayor Furlong: Any questions? Mr. Oehme, you mentioned the number of truck trips, and I believe I wrote down accurate for the number 1 site is 3,500. So you're assuming about 10 cubic yards per trip. Okay. And it's staffs recommendation that if that one was approved. I know 34 City Council Meeting - August 28, 2006 you're recommending denial but if it was approved, that the access to the site be made off West Farm Road, is that correct? Paul Oehme: That's correct. Mayor Furlong: So you'd have trucks turning off. So the 3,500 is really 3,500 coming down Bluff Creek and turning onto West Farm. Another 3,500 coming off West Farm onto Bluff Creek. Paul Oehme: That's correct. Mayor Furlong: So in terms of traffic impact you've got, it's a round trip. There's 3,500 round trips as opposed to one ways. Paul Oehme: Correct. Mayor Furlong: Which would be 7,000. And I don't know if you mentioned it but in Site #2, am I right that that's about 90,000 so for, so that would be 9,000 trips coming in and another 9,000 coming back onto Bluff Creek? Okay. Okay. Thank you. Any other questions? For staff. Okay. Thank you. Appreciate it. Is the applicant here this evening? Applicant: Yeah. Mayor Furlong: Anything you'd like to address to the council or comments? Applicant: No, I appreciate you listening to the issue and if we do want to move forward with the other site down there off of Farm Road, drainage issues until a later date. Mayor Furlong: Okay, thank you. Any questions for the applicant from council? No? Okay, thank you. Appreciate you being here. Any questions or, we have a representative from the Planning Commission here. Anything you'd like to address the council in terms of sense from the Planning Commission what's different I think on one of the sites. Number 1... Debbie Larson: Well one of the things. Mayor Furlong: Why don't you come on up to the microphone so we can get you on. Thanks Debbie. Debbie Larson: I'm Debbie Larson, Planning Commissioner. One of the issues that was brought up, and I didn't hear it tonight was the timing of the trucks. The school bus. So I don't know if that is something that needs to be discussed further or not. That's really. Mayor Furlong: Yeah, and I think that issue, and thanks for raising that. The issue was the timing of this project would be, obviously with school starting next week, during the first part of the school year and a number of weeks through September, October, November. 35 City Council Meeting - August 28, 2006 Debbie Larson: More like during the day you know. Like the trucks... before buses or during the day when the buses aren't running just because of the, you know and I don't know what age groups are in those neighborhoods and what. Mayor Furlong: Alright. Mr. Gerhardt, you have some information? Todd Gerhardt: Yeah. Mayor, council members. In the Findings of Fact there's a summary table that took into account the bus traffic, and the one that we're recommending was to have the trucks Monday through Friday from 9:00 a.m. to 3:00 p.m.. We thought that would be a 6 hour window that they could haul when the buses and everybody could get to work without the interruption. Debbie Larson: So there's no kindergarten traffic that would be going on... Todd Gerhardt: There may be in the afternoon. You know I guess we were assuming the middle school, high school kids coming home but usually there's a noon hour in there and when the first part of morning kindergarten... Debbie Larson: And I don't know what the dynamics for that neighborhood are. Maybe it's not even an issue but. Todd Gerhardt: I'm sure there's a bus stop there. I don't know how many kids are there but that's how we addressed it from a staff level was to give them a 6 hour window sort of the afternoon. Stopping. Debbie Larson: That's all I have. Mayor Furlong: Okay, thank you. Since there's nobody else in the council chambers, I won't ask for public comment. But bring it to council for discussion or other questions or comments. Councilman Lundquist: Mr. Mayor, I would agree with staff on, the northern most site. Mayor Furlong: Site #3. Councilman Lundquist: It's close to the action so to speak, where things are going. The one at the bottom of the hill, I think that one, there's a lot of reasons, not just the fen but a lot of reasons, unfortunately happens to be the biggest one. So that will be a lot of dirt well have to find a spot for I guess. The second one, or the other one on West Farm, I would I guess like to see a table on that action and then let's look at it more if that's what we want to do for that. I am pretty concerned about the traffic on Bluff Creek. I know it's a collector road but it's only a 30 miles per hour road and in addition to the Hesse Farms on the east and west side, they've also got oh half a dozen or a dozen properties that access directly onto Bluff Creek as well, and that's a 30 miles per hour road. I know it's one that our deputies like to sit on as well and you know trucks running on there as well. I'm not sure it's the best use but if you wanted to look at that more. If we wanted ... so I would be in favor of the northern and table the middle one and no to the south one. 36 City Council Meeting - August 28, 2006 Mayor Furlong: Okay. Councilwoman Tjomhom: Are you saying? Mayor Furlong: He'd be in favor of #3. Councilwoman Tjomhom: Okay. That's... Mayor Furlong: Opposed to #2. Site 2 in the staff report and open to other information on #1. Councilwoman Tjomhom: And I think I'd ditto. Mayor Furlong: Okay. Alright. Councilman Peterson. Any other comments Councilwoman Tjomhom? Councilwoman Tjomhom: No. I think he said it all. Mayor Furlong: Okay. Alright. Thank you. Councilman Peterson. Councilman Peterson: Isn't there a movie about that where you aren't supposed to say ditto? Councilwoman Tjomhom: I don't know. Councilman Peterson: I won't ditto that. I'm comfortable with 3. 1 and 2, you know it seems as though our roads would be used extensively and you know I don't know how much damage all that many trucks, that much weight has on the roads but I know it's not, it's better not to do it than just do it. I know that. That being said, the only people that are benefited by that are ZRC and I can respect their request, and the landowner potentially. And the City isn't getting anything out of the deal except roads that are deteriorating. So you know as far as 1, why? And we aren't responsible for getting rid of the dirt. You know. I like to be helpful when we can, but it's costing us. And it's going to cost the citizens something down the road. And I don't think we're getting anything for it. So 3, yes. 1, 2, no. Mayor Furlong: Okay. Councilwoman Tjomhom: And this is. Mayor Furlong: Councilwoman Tjomhom. Councilwoman Tjomhom: This is worth discussing this. This dirt has to leave obviously. It has to go somewhere so what route will it take? Paul Oehme: Well not a city collector road or city street. Right now ZRC is required, their haul route off of MnDot, trunk highways or country roads. So there's no truck hauling on city streets. 37 City Council Meeting - August 28, 2006 Councilman Lundquist: A lot of that stuffs been going out Pioneer and then down Audubon out to Shakopee. Paul Oehme: Yeah, across the river. There's a dump right now. Councilman Peterson: So I'd be interested to hear you guys' thoughts as it relates to you know, what are we getting for it? Councilman Lundquist: Well I don't disagree with you. But you know in the spirit of trying to work with that, I mean I'm not a huge fan of having dump trucks driving up and down Bluff Creek either... That road is yeah, it's built for, as a collector road. It can probably support it and all that stuff but you know, I mean it's just not the road that I would envision having 7,000 trips by dump trucks driving up and down it. No, but what I heard tonight is you know, if we want to look at it more and see what the impacts on the drainage and some of the other stuff is, if the contractor wants to look at it and staff wants to look at it, I'm willing to look at it. That doesn't mean that when it comes back up I wouldn't say no anyway but at least willing to look at it in the spirit of trying to find a place to put the dirt somewhere. Councilwoman Tjornhom: With this issue I don't think that was, was that brought up in our report. The wear and tear on the roads. Mayor Furlong: I think traffic. Paul Oehme: Traffic was the issue. Mayor Furlong: Number of trips. Councilwoman Tjomhom: Okay. Mayor Furlong: In fact I think there was a request for some escrow funds as well. For possible damage. And I guess my comments would be similar to, you know on number 2 and on number 3, I think we're all on agreement there. On number 3, that makes sense. It works. It takes, there is no traffic. Any requested off of city streets that really don't, it doesn't fit. There's no storm water drainage on neighboring property owners, so we're not creating some problems for someone else who would benefit. I think we're all comfortable on number 3. Number 2. Yes, the fen is in the proximity and when your, storm water drainage will be an issue there. I think there's going to be an issue there as well to the property to the south and east. To the bed and breakfast. If you look at those topography lines, they're going to build it up, and that's the way it's going to go. It's going to go south and it's going to go east, and that's a significant change in storm water drainage. And there, I mean 90,000 cubic yards. 9,000 trucks one way. 9,000 the other way, and the topography of that land right off of just to the south of Bluff Creek falls off pretty quickly so you're going to have trucks coming up the hill trying to get enough power to make that turn, both coming in. Coming out. I just think it's going to mess up traffic significantly, and that ultimately is my concern with number 1. The traffic counts. You know with these number of trucks on that road, even if you're turning onto West Farm Road, you're still going to have the trucks slowing down to a virtual stop or swinging out in front of the 0 City Council Meeting - August 28, 2006 oncoming traffic to get on there. Do the same thing coming back out because of the width of Bluff Creek. It's just, they're going to have to use the whole width. Councilman Lundquist: Well... Mayor Furlong: And you know, we don't have control over West Farm but I don't know how that road is going to handle it either, so. Really the drainage obviously is an issue. If they, if staff can get comfortable with the drainage, I don't if that's going to do anything about the number of trips, and I think that's a reasonable issue as a council to look at is where does the, I mean there's a cost effect on the wear and tear on the roads, which Councilman Peterson appropriately raised. There's also an indirect cost of just virtually shutting down that road with the staff report said every 2 to 3 minutes in some cases. It would be, the road, traffic would be stopped for the trucks to get in and out. I mean to do that for a number of weeks, I just think that's beyond a reasonable request given the volume that they're bringing in. Number 3 works because it isn't affecting traffic on any of our roads. Not creating any drainage problems to somebody else. So I think number 1, or excuse me, number 2 and 3, we're all in agreement on that. I get back to number 1 and again, Councilman Lundquist to your point. If they want to work on it, I think they're willing to do it and I always appreciate their willingness to do it, but I don't know if that's going to get us over the traffic count in the end so. If there's a desire to, and I guess I would not be opposed to tabling number 1 for the simple reason that Mr. Gerhardt said that they haven't informed the property owner that staff was recommending against the Planning Commission. I don't see anybody here. I'm surprised that they're not here but that to me would be the reason to do it, just for fairness to them. To make sure they're aware of what we're doing. But at the same time, and if they can work with some of the stormwater, and at least either confirm staffs fears or alleviate it, but that's only one half of the concerns that I think I've heard tonight and that's the truck traffic so. So I'd be comfortable tabling for the reason that we want to make sure that that property owner knows what's happening and not wake up and, on Thursday morning and read it in the paper. You know I think we can take action on numbers 2 and 3 tonight. If there's a desire to table, great but I don't think that's going to change. I don't know what information's going to change on number 1 but for just letting him know and making him aware. If that makes sense to. Todd Gerhardt: Mayor, I'd like the record to show that the Planning Commission did recommend sites 1 and 2. However they were not aware of the drainage concerns that Paul addressed when it came to them so. Mayor Furlong: Right. On site number 1. ...1 and 3, yeah. But I think you're right. There was no drainage, stormwater drainage issue really raised as far as that. But it's clearly an issue with all the dirt they're bringing in. It's going to change the flow of the water so. Debbie Larson: But number 2, the other thing that was... Mayor Furlong: Why don't you come on up. Just so people at home can hear you. Debbie Larson: The other one, the one by the Seminary Fen, the property owner adjacent to it was very concerned about the trees. I guess it's a very natural area around her and she felt that 12 City Council Meeting - August 28, 2006 all the trees that would be knocked down, which is currently on the land where all the dirt would go. She said it's somewhat of a nature area and it would basically destroy the view and a lot of her property values because it is part of the view that they have from her bed and breakfast. Mayor Furlong: Okay. Alright, thank you. Todd Gerhardt: And one of the other things staff talked about with this yesterday and today was, or today was that putting that much dirt in there, it's going to potentially change the hydrology of the fen area and not having an environmental review on that, you know that was another reason why we wanted to stay out of that area. Mayor Furlong: Okay, thank you. Let's take these site by site so that we can deal with them, and let's just take them in reverse order. Is there a motion regarding number 3? Site number 3. Councilman Peterson: I make a motion to approve as submitted by staff. Mayor Furlong: Based on the findings of fact? Councilman Peterson: No. Mayor Furlong: I'm not even going to ask for a second then. Councilman Peterson: Yes, I'll. Mayor Furlong: Of course. Motion to approve. Councilman Lundquist: Second. Mayor Furlong: Made and seconded. Any discussion on site number 3? Councilman Peterson moved, Councilman Lundquist seconded that the City Council approves Planning Case #06-28 for Interim Use Permits to grade and fill Site 3 (1560 Bluff Creek Drive) in conformance with the grading plans prepared by Zumbro River Constructors for the site, subject to the following conditions: 1. Overland hauling must utilize the existing creek crossing for the Bluff Creek Drive realignment. 2. No fill shall be placed within the Bluff Creek Drive right-of-way. 3. Hours of operations are 7:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on holidays. 4. Each site shall be examined by a professional wetland delineator to determine whether jurisdictional wetlands exist on -site or within 150 feet of the proposed fill. Any wetlands that are identified shall be delineated, then reviewed by the City prior to any work commencing City Council Meeting - August 28, 2006 on -site. If the delineation shows the proposed project to include wetland impact, the applicant shall obtain a wetland alteration permit from the City prior to wetland impacts occurring. 5. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around any aglurban wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. All structures shall maintain a setback of at least 40 feet from agturban wetland buffer edges. 6. Wetland replacement, if necessary, shall occur in a manner consistent with the wetland alteration permit and the Minnesota Wetland Conservation Act (MR 8420). 7. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slone Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 8. Silt fence shall be installed at the base of all proposed slopes in accordance with Chanhassen Standard Detail Plates 5300. A rock construction entrance meeting the specifications of Chanhassen Standard Detail Plate 5301 shall be installed where truck traffic will enter and exit Bluff Creek Drive. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. Wimco-type inlet protection shall be installed in accordance with Chanhassen Standard Detail Plate 5302A in all catch basins within 200 feet of the proposed project sites and maintained as needed. The construction plans shall be revised to show the locations of the proposed silt fence, rock construction entrances and Wimco-type inlet protection and to include Chanhassen Standard Detail Plates 5300, 5301 and 5302A. 9. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources, Minnesota Department of Transportation) and comply with their conditions of approval. Zumbro River Constructors shall apply for and receive an amendment to their existing NPDES Phase 11 Construction Permit for the Trunk Highway 212 project from the Minnesota Pollution Control Agency to incorporate a storm water pollution prevention plan for these sites. 41 City Council Meeting - August 28, 2006 10. The applicant should review proposed slopes and runoff velocities for the site and provide additional rock checks as an erosion control mechanism if needed. Rock checks proposed within the right-of-way for Bluff Creek Drive must be reviewed and approved by the City prior to installation. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: Number 2. Councilman Lundquist: Motion to deny, or deny Site number 2 as staff has pointed out in the packet. And the Findings of Fact. Mayor Furlong: I hear whispers from my left. Motion's been made to deny the request for Site #2. Is there a second? Councilman Peterson: Second. Mayor Furlong: Made and seconded. Any discussion on that motion? Councilman Lundquist moved, Councilman Peterson seconded that the City Council denies Planning Case #06-28 for Interim Use Permits to grade and fill properties identified as Site #2 located southwest of Bluff Creek Drive, south of the Hennepin County Regional Trail Corridor, and north of the Bluff Creek Inn. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: That motion prevails. So Site #1. The issue here is potential more information. Letting the resident know but again I guess there's a question, if there's a desire here to table for, to our next meeting, I guess I would ask a question of staff. Do we have time with regard to the permit to, are we either in the first 60 days or can we take another 60 days to table? Roger Knutson: You can take another 60 days. Automatically. Mayor Furlong: So our next meeting won't be until another 4 weeks, which is the end of September. Will they still be, I know that's less than 60 days, if memory serves, but we're not within that second 60 days yet. Roger Knutson: Yeah we will be in 2 days. So in the next 2 days we have to send them a letter. Mayor Furlong: Okay. So well take care of that if we proceed with the tabling. Staff will take care of that letter to ensure the other 60 days and then I would suspect, question for staff. Will they be able to bring it back by the end of September, in 4 weeks. And either have more information on that and talk to the property owner. Paul Oehme: We'll address both the drainage issues and the traffic issues... Mayor Furlong: Alright. Is there a motion to table Site #1 to our next meeting? 42 City Council Meeting - August 28, 2006 Councilman Lundquist: Motion to table #1. Mayor Furlong: Is there a second? Councilwoman Tjomhom: Second. Mayor Furlong: Any discussion? Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council table action on Planning Case #06-28 for Interim Use Permits to grade and fill Site 1(1425 Bluff Creek Drive). All voted in favor, except Councilman Peterson who opposed, and the motion carried with a vote of 3 to 1. Todd Gerhardt: We'll get the letter out tomorrow. Mayor Furlong: Very good, thank you. Thank you. APPROVAL/CERTIFICATION OF MAXIMUM PROPOSED LEVY TO THE CARVER COUNTY AUDITOR. Todd Gerhardt: Mayor and City Council members. Staff is asking the City Council to adopt the 2007 preliminary tax levy of $9,575,778. This is a $220,000 levy increase from the 2006 budget. This increase will reflect a zero impact on those property owners who did not see a levy increase in 2007. The maximum levy between now and December 11"' meeting, the City Council can look at reducing that levy down, and with that staff recommends approval of the attached resolution. Councilman Peterson: Chokes you up doesn't it? Todd Gerhardt: Yeah. I wasn't ready for this one. Mayor Furlong: Very good. This is an item that we've discussed at a few of our work sessions. Received some preliminary information from the staff with regard to the anticipated budget for next year and also information on how the City's performing financially during this year and I guess at this point, again we're required by law to establish a preliminary budget prior to September 15t6. This will be our last meeting prior to that time so that's why we're taking it up now but I think we've made very good progress, even the last month or two in terms of the council understanding the staffs position and request and issues so at this point I will open it up for any questions to staff. If there are any points of clarification. Otherwise we'll proceed with our discussion. Thoughts and comments. Councilman Peterson: I'm just pleased that the citizens have enough confidence in us tonight that the chambers are empty and I think that to me does say a lot about the trust they have in staff and us to deliver in what we've been trying to do over the years and we've been successful and here's another year that we're going to have zero percent and I'm proud of that, as I assume you all are. You've done great work, we have and I'm looking forward to another good year. 41 Planning Commission Meeting — August 1, 2006 2. The three-plexes shall be built as shown on the elevations and floor plans dated received February 3, 2006. 3. The applicant shall utilize cultured stone on a variety of elevations, i.e. an entire garage elevation or an entire entryway elevation, rather than stopping at the midpoint of a wall. The applicant shall also use Hardie board siding versus stucco. 4. The applicant shall submit drawings showing the exterior elevations and materials for the single-family and duplex units. All voted in favor, except Keefe who opposed, and the motion carried with a vote of 4to1. McDonald: And with that we conclude this particular case. Papke: 5 minute bio? McDonald: Yes we can. What I would say to all the residents out there that yes, if you do have questions about this, please contact staff and they would be more than happy to explain. (The Planning Commission took a short recess at this point in the meeting.) PUBLIC HEARING: REQUEST FOR AN INTERIM USE PERMIT FOR OFF -SITE GRADING FOR THE DISPOSAL OF DIRT FROM THE HIGHWAY 312 CORRIDOR ON PROPERTY LOCATED AT 1560 BLUFF CREEK DRIVE AND 1425 BLUFF CREEK DRIVE, AND SOUTH OF THE HENNEPIN COUNTY RAIL CORRIDOR AND BLUFF CREEK DRIVE, PLANNING CASE NO.06-28, Public Present: Name Address Brad Moe 14372 Westridge Drive, Eden Prairie Mike Billing 312 Lake Hazeltine Drive, Chaska Cindy Peterson 1161 Bluff Creek Drive Lindsay Lein 1161 Bluff Creek Drive Mary Fafiushi 1520 West Farm Road, Chaska Alyson Fauske presented the staff report regarding Site 1 and asked for commissioner questions. Dillon: Why is this being done? Planning Commission Meeting —August 1, 2006 Fauske: From what staff has been told, these property owners approached Zumbro River Constructors stating that there's some low areas on the property that they would like to be filled. Zumbro River Constructors has an excessive amount of material from the 212 project that they are looking for locations to be able to use them, and so Zumbro River Constructors came in and talked to staff about the potential of using these sites for fill and has the proposal through here. Larson: How does this impact the neighboring properties? Fauske: The proposed grading would be entirely on the, Mr. Hesse and Mr. Moe's property. As far as impacts, there's no physical. Commissioner Larson made a comment that was not picked up on tape. Fauske: It would be filling in a low area. I don't have a photograph but. Larson: They're not building a mountain on that property? Fauske: No, it's filling in a low area. The property drops, there's a large bam, a white fence that they're looking to remove regardless of the project. And it slopes from the north to the south down to the roadway there. Just kind of a localized low area. Larson: ...fine with the neighboring properties. Fauske: This shows the proposed area. The proposed fill area through here, and I don't know if the blue and the red show up very well but the red shows the low area in through here. This is, we start moving up the slope through here and the blue shows where the proposed fill would go in. There's some tree lines in through here. Keefe: And how do they get there? Fauske: They would come from, via Audubon to Bluff Creek Drive and then staff is, if Planning Commission is going to recommend approval, staff has provided a recommendation to get access from this private drive here just to minimize the truck moving, truck turning movement onto the site. Keefe: So it just goes over land? There isn't a roadway in there. They'd create a roadway in there. How many trips is it? You say it's a lot of trips. Fauske: It's several trips. Keefe: Yeah. Fauske: Each truck can take 10 cubic yards, so you're looking at, and we never clarified this with the applicant. I'm assuming the 35,000 cubic yards is a compacted volume, so the volume that's in place right now. So when you look at trucking operations, that's the 47 Planning Commission Meeting — August 1, 2006 amount of fill, that amount of volume of fill to be trucked may be increased by 20% or more. Papke: Could you kind of summarize your, I'm looking at the findings of fact here. The statement that this would result in stopping traffic every other minute for over 3 weeks. Could you explain that calculation? Fauske: We went through this and what we looked at was, we looked at the proposal based on the timeframe that they were requesting and the hours of operation that we would be restricting them to. We can certainly, we can play with numbers all we want and reduce the volume of fill being brought in there but looking at the volume of fill to be placed in here, in their anticipated timeframe, we just looked at those trucks on a 28 foot wide street would shut operations down every other minute. McDonald: Is it possible to stage the trucks and say that only during certain times and you know try to minimize the impact on? Fauske: Well we can try to stage the trucks as much as possible but the issue is, it comes down to the volume and the width of streets. With it being a 28 foot wide street and with the type of vehicles that they'll be using to bring the fill onto the site, when you take the truck turning templates onto here, I just, I couldn't get them to make the turns without using up the whole roadway. Larson: Does it wreck the road? Fauske: The actual design of the pavement thickness of Bluff Creek Boulevard is a fairly good thickness. So we don't have an issue as far as the weight of the vehicles on there. We just have an issue with the width of the road. Larson: So. Papke: How about the curb? Fauske: The curb would be an issue. That's why we would look at collecting an escrow so that if there were curbs to be replaced, that we would have money to do so. Larson: So the traffic issue that we're talking about, it looks like it's relatively... in that area. Larger properties. So what kind of impact are we really talking as far as actual citizens who ... it doesn't seem like it's terribly far from one property to the other. Fauske: I mean certainly it would, they would, Zumbro River Constructors would have erosion control and dust mitigation measures to make sure that, to the most amount, to the most extent praticable that they wouldn't be disrupting neighbors. There will be truck traffic generated from this. Larson: Have any of the neighbors...? 48 Planning Commission Meeting — August 1, 2006 Fauske: All 3 sites had a sign put up. We've had several calls from, and some visits to City Hall from residents that saw the sign. They wanted to first of all make sure it wasn't development coming through. We explained it was a grading operation. Bringing in anywhere between 30 to 90,000 cubic yards of fill. Commissioner Larson's question was not heard on tape. Fauske: You know to be honest with you for, I don't know if the volume of fill registered with them. But to be honest with you, as soon as they found out it was not development, they were fine. Larson: You mean more so than we're talking about what it's going to do to the trees on the property and that. Fauske: Correct. And as far as traffic trips, I'm sure that there's a representative from Zumbro River here tonight who would perhaps give a better explanation as to what their staging would be for traffic. How they could minimize the traffic trips through there and you know try to make it as seemless as possible to do, if you approve, recommend approval. Papke: When would this occur? What time of the year? Fairly soon? Fauske: I believe their application, well that was another issue is, you know they gave us some time frames in the application for this site. Papke: While school is in session? Because one of my concerns is that is a school bus route and if we're closing down traffic pretty frequently there, I'd feel concerned about school buses. Fauske: They're predicting sometime in August, September or October of 2006. Papke: Yeah, then you're going to impact buses. Fauske: And they anticipate, I believe it was 3 weeks for this. 2 weeks, okay. 2 weeks. No, it's 3. 3 weeks for this one. And when Zumbro River came in to talk to us about this, they had identified that there were several sites they were looking at for grading operations, and at that point we told them to bring them in as, all the applications in at once, so that we could look at the cumulative effect of them. Again, they're here tonight to talk about what they can do as far as doing some fill operations here, and then waiting, staggering them if you will so that they're not trucking to multiple sites at the same time. To the two sites off Bluff Creek Boulevard at the same time. McDonald: Okay, if this property isn't going to be developed, what's the purpose of putting the fill there? I know you said it's low, but are we trying to bring it up so at some point it can be developed or why these sites? 49 Planning Commission Meeting— August 1, 2006 Fauske: What we were told is that the property owners approached Zumbro River Constructors to place some fill on their property to level it out, and that's all that we've been told. McDonald: And then if we go and restrict the hours from 9:00 a.m. to 3:00 p.m., does that take care of the school bus operation at that point? Fauske: I believe that would still provide some conflicts. I would think for elementary school that would have some conflicts. McDonald: Okay. Anyone else have any questions on this particular? Dillon: How close is this to the Seminary fen? Fauske: This particular site, this is right here. The Seminary Fen is located right here near Site 2. Papke: So Site 2 would be more. Fauske: Site 2, yes. So Site 2's getting fill. Are we ready to move on to Site 2? Okay. Site 2, as you can see on the drawing here, is on Bluff Creek Drive as well. The Seminary Fen is located around here. There's also Bluff Creek hm is located just to the south and east of the property. Again this is their proposed grading plan. This shows Bluff Creek Drive at this location. To give you an idea, this is where the Inn is. Their access would be from this field entrance here. This proposal is for 90,000 cubic yards of fill. And their proposal would be for, I believe it was 5 weeks. 5 weeks of hauling to this site. As you can see from the grades here, we're high here at Bluff Creek Drive existing. There's some trees here located adjacent to the road, and then grades drop off as you head to the south, and this proposal to fill along through that corridor up to the tree line. The maximum amount of fill for this site is 27 feet. There's some concerns that staff also had with this site. One is that this isn't a low area. It's a gently sloping area. It's not a low area. However, so when we looked at this application, it wasn't, we struggled somewhat with what the reason was to place this fill here. With it not being a low area. Just instead flattening out the slope up here at the top and then grading down to 3 to 1 up to the tree line. That was one concern. Second concern is, all these trees along here would be removed, and then third of all, would be the impact to this old structure here. The Bluff Creek Drive Inn. It's in some proximity, certainly there are construction measures that we can take to minimize vibration to that structure but we would certainly, we need to be cognizant of that structure being there and employ practices that would minimise any potential damage to that building. Larson: The trees that are there, are they significant trees or what do we have over there? Fauske: The trees in through here, I don't know that they, that tree's a significant tree. think they just showed the tree removal. They just showed the percent of tree removal. 50 Planning Commission Meeting — August 1, 2006 It's a lot of small, especially as you get along the right-of-way, it is smaller trees. The City Forester has looked at this and her comments are also in the report. One of the, one other environmental concern that came from our Water Resources person is, as Commissioner Dillon had alluded to earlier, is this drawing here shows the extent of the fen. To give you an idea of where we're at, this is Bluff Creek Boulevard. I apologize this is a little difficult to read. This is the proposed site where the fill will take place. The fen comes up through here. And they have some hydric soils that come up through here and we also had, we have another hydric soils map that indicates that there might be some hydric soils up in this proposed fill area. The report indicates what some of the issues are from an environmental perspective with placing fill so closely to the fen. There's concern with compaction of the underlying soil, that this could interrupt some of the ground water flow characteristics in this area. There's currently a feeder if you will down to the fen area that runs north/south in this direction here so there's some concerns with ground water and the hydrology of the fen, Assumption Creek and the wetland complex. Again, similar to the other site, staff also had concerns with the amount of truck traffic and disruption to traffic on Bluff Creek Boulevard as a result of this fill operation. We've recommended denial of this one. However, we have also provided again an alternative recommendation on page 5 with some conditions of approval should the Planning Commission find that there's some resolution to the issues presented here this evening. McDonald: Okay, any questions on Site 2? I guess the questions I had, you can't really answer so I'm hoping that whoever the applicant is, that they can answer some of this. Fauske: Okay. McDonald: Why don't we move on to Site 3. Fauske: Site 3. The John Klingelhutz property which lies right here. 212 is right here. This proposal includes the placing of up to 35,000 cubic yards of fill. Oh pardon me, 30,000 cubic yards of fill. Maximum fill of 27 feet. This drawing shows, again in red, the existing and proposed, the existing contours, proposed contours in blue. They're proposing to fill a low area that is this, along the north side of Bluff Creek Drive, and along the north side of the access to the property. There's some tree, some tree lines along the driveway here. This is again a natural low lying area that they're proposing to place some fill in. Unlike the other two applications, the fill would be brought over land via the new, the new alignment of Bluff Creek Drive. So there would be no impact to public roads associated with this hauling. They provided erosion control and restoration similar to the other two plans. Therefore staff is recommending approval of this grading interim use permit. McDonald: Any questions concerning Site 3? Thank you very much. Is the applicant here? Mike Billing: Hello, I'm Mike Billing with Zumbro River Constructors. We're located at 312 Lake Hazeltine Drive in Chaska. 51 Planning Commission Meeting— August 1, 2006 McDonald: I guess at this point you're waiting for us to ask you questions. Mike Billing: Any questions you've got. Keefe: When's the highway going to be open? Mike Billing: Which section? Keefe: Dell Road. Mike Billing: Dell Road? This fall. And if MnDot would reduce the revenue cap, we'd open up Powers this year. McDonald: Why this fill on these sites? What's the importance of these particular sites that we need to look at putting the fill there? Mike Billing: This site here we were approached by the landowner. He's got a low area. He's got a horse pasture right in this area. He's got some standing water issues that by filling that in he won't have the standing water. Horses will be up on high ground instead of on soft ground. And it will raise the site up for future development so that it would alleviate the need for a lift station. McDonald: It would alleviate the need for a lift station? Mike Billing: For this property because it is so low right there. Brad Moe: If it were to be developed. Mike Billing: If it were to be developed down the line. I guess I'd have to go back to staff. Do you concur with that? That doing that could possibly benefit the city? Fauske: Based on, without looking at a development plan to know a dirt balance on the site, yes it is a low area based on the existing grades but as well most developments have cut in some places, fill in others. To give you a definitive, that absolutely this would require a lift station, I cannot say that. McDonald: Okay, that's fair. If you don't put the fill on these sites, where's it going? Mike Billing: It will either go down Audubon Road to 212 to a disposal site we have currently down by the river, or down Bluff Creek Drive to 212, down 41 to the same disposal site. McDonald: And how involved are you as far as putting the fill on Site 2 and a potential environmental impact to the fen area? 52 Planning Commission Meeting — August 1, 2006 Mike Billing: We did talk to Bob Obermeyer from the watershed district. Met with him on site and he did not see an issue with Site 2. Keefe: Can you just back up a minute. So you'd take this down Bluff Creek Boulevard anyway? I mean I know one of the staff concern is the number of trips going down Bluff Creek and the amount of traffic it would generate. I mean if you weren't doing these particular sites during this time period, would you have more or less traffic along there? Mike Billing: It's about the same. Keefe: It'd be about the same. Oebme: I'd like to clarify that a little bit Commissioner Keefe. ZRC is not allowed to run any trucks from their contract for the 212 contract on Bluff Creek Drive. That's a local road, collector roadway. They are only allowed to go down Audubon or county roads at this time. McDonald: So if they want to go down Bluff Creek, they have to do the same thing here. Apply for a permit to use it? Oehme: That's correct. That's in their contract. Mike Billing: I guess we'd have to get a revised haul route. Which we're currently in the process of doing with the new realignment of Bluff Creek. Dillon: You know the Site number 2, if we support the staffs first thing to deny that, I mean then are you guys prepared or is the land owner prepared to do the environmental impact work that's asked for and all these other stipulations? Or are you just going to take it to the river bed after that? Mike Billing: That, we're undecided at this time. I mean it's going to depend on how fast we need the disposal area and timeframe that it's going to take to do all the paperwork. McDonald: Any further questions? Okay, thank you very much. Mike Billing: Sure. McDonald: At this point I will open this up. This is a pubic meeting and we do accept comments from the public. Come on up sir and again, state your name and address and address the council. Brad Moe: Hi. I'm co -applicant. My name is Brad Moe. I live at 14372 Westridge Drive, Eden Prairie. I'm also here for my father-in-law, Harold Hesse. He's co -applicant as well. He lives at 1425 Bluff Creek Drive, Chanhassen. A lot of, council had questions apparently, and I hope I can answer those. Excuse me, not council, commission. And 53 z� Planning Commission Meeting— August 1, 2006 staff. I just want to make it clear, I'm not a developer. I'm just a farmer. We're, you know people are asking about the fill. I guess I'm a little concerned because I didn't think it was going to be this big of a thing, and we just found out this afternoon that staff's recommendation, that it not be approved, and I guess that's surprising to me. I guess I want to explain my position. I can start with Site 1. Site 1 is the homestead and my father-in-law, he basically developed all of the Hesse Farm. I don't know if anyone's familiar with it, and the homestead is this portion right here, and our intent there is, we have the barn and the cow yard. And the cow yard slopes down and since the 1950's my father-in-law has been bringing fill in, and he's put fill there and behind the barn and what it's done, it's basically created a drop off to the south. And we can't farm that. You can't cut the weeks. It's a drop off. So what my intent is with this fill is to raise that cow yard flat where it should be, and then from the cow yard down to Hesse Farm Road, fill in the low wet area so then you can farm that and you can use that area. The other thing is, it's a neighborhood that was developed, as I said, previously by my father-in-law and his desire was to keep the land rolling and wooded and natural. There has not been extensive grading on the property. The only thing that we're doing here, and I want to respect that as well. And Harold's with me on this as well is just fill the low area and keep it appearing natural as it should be. And kind of fixing what he wrecked in the 50's with his fill at that time. Site 2 is located further down. That's actually Harold's land as well. 20 acres below the bike trail. Formerly the railroad. And the intention there is the same. Is to, staff stated that it's not a low area, and it's really not a low area but what it has is when they built Bluff Creek Drive, when they improved it, paved it, the road was built in such a way that it's right on the edge of the hillside there and there's a lot of fill placed against the side and it drops off. And what happened previously with the railroad, the water shoots down the hill quite fast and it goes in the gutters and they have catch basins along there and it's suppose to divert it down the hill. What's happened is over the years, once they removed the railroad tracks, that water shoots across there. Hits the edge of, right at the top there and it falls down, so you have all this water coming down Bluff Creek Drive, and it's basically eroded in the what, 10 years or more since the road's been there. Eroded all this hillside and all that's washed, we get all the trash off Bluff Creek Drive and all the water, all the sand, and that's my intent here was to fill that up so that the water would stay within the roadway and provide us with an area that we can still farm. As far as trees down there, those trees are dead elm and box elders. I don't know how you could find significant trees. There are some big box elders but the oaks and the nice trees are fiuther to the west. As far as the trees on Site 1, there's probably a hand full of those. And those are all trees that we've planted. My intent is to plant trees in there once it's done. The road project's affecting additional land of our's up to the north and I have trees there. My intent is to take those trees. Transfer those onto Site 1. As far as traffic, my understanding is reading the staff comment is that traffic's a big issue. I guess I look at it, yes traffic is an issue but it's a temporary issue. I'm trying to fix something here. Like I said previously, I'm not a developer. I'm not trying to make money off this. I'm trying to fix problems and do the right thing, and I ask the commission to do the right thing as well. I don't, you know we had a case in here beforehand. There's a lot of people. There's a lot of people on the Hesse Farm that would have worst to say and I think there's a few people here that might want to say 54 Planning Commission Meeting —August 1, 2006 some words but for the most part I don't think there's any objection to this taking place. And I can answer any questions you might have. McDonald: Anybody have any questions? I guess the question I have is, would you be agreeable to further restrictions as far as the hours? If this were to go into the school year, to give priority to basically the bus schedule. Brad Moe: I'd have to leave that to Zumbro. We wouldn't have a problem with that. Keefe: What's the potential for getting it done before the school year? Brad Moe: Depends on how fast the council can act. Keefe: Does this have, this has to go to council doesn't it? And when will it be on? Generous: It's scheduled for the 28a . Keefe: Oh, not til the 28`s. School's in session then. McDonald: And the other thing on Site 2, you know one of the recommendations that they're looking at is because of the Seminary Fen, there's probably going to be some additional impact that you're going to have to look at there. Especially from the standpoint of environmental impact. Are you prepared to pay the cost to get that done? Brad Moe: I personally am not. I'm not, I can't speak for Zumbro, but my concern is, the fen doesn't, isn't adjacent to our property. I'd asked the City to place the location of the fen because from what I can look at on this, it's not on our property, if that's what's in the red there. The orange is, I don't know what the orange is. Keefe: How far down from your property is the wetland? You've got on the elevation there. Brad Moe: Right. I mean everything we farmed is, it's not wetland. I mean we're farming it and you can see that in black here. And that ends right at this point here so you'd have, I don't know. You know thousands of feet to that point where you're at there. It's not a close you know, I'd be willing to meet. Larson: ... lot? Brad Moe: No. It's flat. But you know I'd be willing to meet with staff and walk the ground and you know, I'm surprised that it came to this point. That was my phone number and name was on the application. I would have assumed I would have got a call. I don't want to waste anyone's time. 55 Planning Commission Meeting — August 1, 2006 McDonald: Okay. Well I appreciate you coming to the meeting tonight. No one else has any questions, is there anyone else that wishes to speak? Would you come forward please. Cindy Peterson: Good evening. My name is Cindy Peterson. I live at 1161 Bluff Creek Drive and I own Bluff Creek Inn. So Site 2, I'm concerned about the Site w proposal because it would have an impact on us. Traffic wise it would be difficult for guests getting in and out. We're at the bottom of the hill. Just right off of 212 so I think that would impact people coming in and out. It would impact the hours of, between 9:00 or 3:00 would not necessarily impact us. We serve breakfast generally at 9:00 in the morning and check out is at 11:00, but it is conceivable that people would be disrupted from what they're doing. Part of the charm of our place is that it's country. There's no other buildings around. There's not a lot of noise, except for the noise that goes up and down this street. We have a well. That's how we get our water. I understood that there was some concern about compacting the ground with trucks and the additional of fill being put in there affecting the ground, the water table under the ground. I'm concerned that that might also affect our well. The field right now is level with our property. If they filled it, then I do have some concern about drainage onto our property then, and it's not, it will no longer be level so I wouldn't be interested in knowing what, how that intends to play out. The trees are not necessarily significant trees but for guests in the Inn that have rooms on the second floor, what they look out in the westerly direction and that's what they see. They see the field and they see the trees along that road. If those trees are gone, that would impact the multi aesthetics for our property as well. 90,000 cubic yards of fill is 3 times the amount of fill for the other sites further up the hill. That's a lot of dirt they're bringing in. I just have some concerns about our business. I think it would impact our business and our livelihood. Have this construction go on. I don't understand how the trucks would be turning onto the property to dump the fill right there because it is just Bluff Creek Drive, so you would have to stop traffic for trucks to be able to get in and out and that would definitely have an impact on us. Thank you for your time. Keefe: One quick question. Is your business open when? Is it seasonal or is it year round? Cindy Peterson: It's year round. Keefe: It is, okay. Cindy Peterson: And we're in a good location for it to be year round. McDonald: Thank you. Cindy Peterson: Thank you. 56 Planning Commission Meeting — August 1, 2006 McDonald: Does anyone else wish to come up and speak. Okay, seeing no one else coming forward, we'll close the public meeting on this agenda item and I'll bring it back up before the commissioners for an open discussion. I'll start with you Kurt. Papke: I guess I have to side with staffs recommendations on this one. I'm real concerned with disruption of traffic flow. You've got Bluff Creek Inn. You've got the homeowners in the Hesse Farm development and those that live along there. You've got the trailhead for the LRT right there, so you'd be disrupting access to the Hennepin LRT. When, normally when we see a development, you know we've got pretty good grading. You know we just went through 3 hours of drainage for the previous development with real reasoned analysis on hydrological analysis of everything, and here we want to move 90,000 cubic yards with you know a topo map. Boy, you know I got a tough time with that one, right next to the Seminary Fen. So you know I don't have any problem with the Klingelhutz one. I mean they're going to go overland. They're right next to 212. There's no disruption to traffic. The only other thing I'd add is, you know I live right along Pioneer Trail. I've lived through 2 years of these trucks and don't under estimate. These are monster trucks, alright. My house is 300 feet away from Pioneer Trail and my house shakes when they go by in the morning so, you know this is no minor impact so. McDonald: Okay. Kevin. Dillon: I'd agree. I think the Site number 2 is definitely got some issues on that. I think that is kind of closer to comfort to the Seminary Fen so that, and plus we heard from the one person on there with the, although it's temporary, a potential impact on business for a while, and certainly the added you know, you're going to be right near the bicycle trail and stuff. With the Site number 1, you know with the staff s recommendations, stipulations they have and they seem pretty reasonable. I would support that one and the Klingelhutz one certainly seems... Larson: Exactly what they just said. McDonald: Okay. Dan. Keefe: So what can we do, we can't do 1 and 3 right? So I guess I'd be in support of 1 and 3 which is different than what staff. Papke: You are going to impact traffic when you do that. Keefe: Right, but for a shorter period of time and I think. Commissioner Larson's comments were not picked up on tape. McDonald: I guess my concern is, the lack of detail, especially well with the Site 2. You know I guess Site 1 and Klingelhutz, I can be in favor of that, especially if the Klingelhutz, when you tell me that we won't have to use the road to get there, that makes it a little bit more palatable and with the other one, if there's some way to arrange that so 57 Planning Commission Meeting — August 1, 2006 again there's minimal impact, that would he something that I guess Zumbro needs to talk to staff about and whatever restrictions staff would come up with. You've got to give priority to the school year. You can't be stopping buses and those things. And I guess with Site 3, looks as though that one could be done fairly quickly so that minimizes the impact off from the rest of the roadway there but, yeah I just don't have enough detail and I think Mr. Papke's right. We spent 3 hours you know going through all kinds of stuff about changing land because of water and those things. I don't have enough detail and confidence on Site 2. Even if you're agreeable to working with staff, I think that's something that probably should have been done before hand so that we don't have to do this all on the fly. That's just kind of my opinion on it but, now a question for staff. My understanding is that we can vote on these a site at a time, is that right? Generous: 'That's correct. McDonald: Okay. And at that point are you willing to accept. Keefe: We could amend it too. McDonald: Yeah, well ... staff's already proposed an amendment for us for Site 1. So I'm open to a motion. Keefe: I'll make a motion the Chanhassen Planning Commission recommends approval of Planning Case #06-28 for Interim Use Permit to grade and fill Site 3 in conformance with the grading plans prepared by Zumbro River Constructors for the site subject to conditions I through 10, and I would offer an amendment to this to include Site 1. Larson: Second that. Keefe moved, Larson seconded that the Planning Commission recommends approval of Planning Case #06-28 for Interim Use Permits to grade and fill Sites 1 and 3 in conformance with the grading plans prepared by Zumbro River Constructors for the site, subject to the following conditions: 1. "Truck Hauling" signs posted at each end of Bluff Creek Drive. 2. Flag -persons must be on -site during trucking operations. 3. Bluff Creek Drive must be scraped and swept daily. 4. For safety reasons, access to the site should be via West Farm Road. The owner and applicant are responsible for obtaining permission for this access. 5. A $4,500 escrow must be posted to guarantee the replacement of Bluff Creek Drive curb and gutter and pavement that is damaged due to the trucking operations at this site. W Planning Commission Meeting — August 1, 2006 6. Hours of operations shall be 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on holidays. 7. The site access must be clearly shown on the plan. 8. No fill shall be placed within the Bluff Creek Drive right-of-way. 9. The proposed swale along the southeast edge of the property shall be constructed to minimize the potential for erosion around existing trees. 10. Each site shall be examined by a professional wetland delineator to determine whether jurisdictional wetlands exist on -site or within 150 feet of the proposed fill. Any wetlands that are identified shall be delineated, then reviewed by the City prior to any work commencing on -site. If the delineation shows the proposed project to include wetland impact, the applicant shall obtain a wetland alteration permit from the City prior to wetland impacts occurring. 11. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around any aglurban wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. All structures shall maintain a setback of at least 40 feet from ag/urban wetland buffer edges. 12. Wetland replacement, if necessary, shall occur in a manner consistent with the wetland alteration permit and the Minnesota Wetland Conservation Act (MR 8420). 13. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: TTpe of Slone Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 14. Silt fence shall be installed at the base of all proposed slopes in accordance with Chanhassen Standard Detail Plates 5300. A rock construction entrance meeting the specifications of Chanhassen Standard Detail Plate 5301 shall be installed where truck traffic will enter and exit Bluff Creek Drive. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. Wimco-type 6& Planning Commission Meeting — August 1, 2006 inlet protection shall be installed in accordance with Chanhassen Standard Detail Plate 5302A in all catch basins within 200 feet of the proposed project sites and maintained as needed. The construction plans shall be revised to show the locations of the proposed silt fence, rock construction entrances and Wimco-type inlet protection and to include Chanhassen Standard Detail Plates 5300, 5301 and 5302A. 15. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources, Minnesota Department of Transportation) and comply with their conditions of approval. Zumbro River Constructors shall apply for and receive an amendment to their existing NPDES Phase II Construction Permit for the Trunk Highway 212 project from the Minnesota Pollution Control Agency to incorporate a storm water pollution prevention plan for these sites. 16. The applicant should review proposed slopes and runoff velocities for the site and provide additional rock checks as an erosion control mechanism if needed. Rock checks proposed within the right-of-way for Bluff Creek Drive must be reviewed and approved by the City prior to installation. All voted in favor, except Papke who opposed, and the motion carried with a vote of 4to1. Generous: Mr. Chairman, could I have a point of clarification? McDonald: You certainly can. Generous: As part of that motion, did you add those alternate conditions on page 3 of the staff report? That directly dealt with Site 1? McDonald: I thought that that was your intent. Keefe: Yes, it was my intent. I thought were those included in the? Generous: They're not. Keefe: They would be to include those. Generous: So add those conditions. Keefe: Yes. Generous: Thank you. McDonald: We need to look at Site 2. So I would need a motion for Site 2. Kt Planning Commission Meeting — August 1, 2006 Keefe: I though it was either or. A or B. McDonald: Okay. It's getting late. This is one of those things where we're having problems. I need some help from staff as far as. Generous: Mr. Chairman, if you'd just take Motion A and drop Site 1 from that, then you would be denying Site 2. Keefe: We can do it that way. McDonald: Is that ahight? Okay. Do we need to revote on that then? Generous: You would have to make a motion, yes because you did the approval of the interim use permits so now you're actually moving to deny an interim use permit. Keefe: Okay, I'll make a motion the Chanhassen Planning Commission recommends denial of Planning Case #06-28 for Interim Use Permit to grade and fill properties identified as Site 2 in the staff report. McDonald: Second? Larson: Second. Keefe moved, Larson seconded that the Chanhassen Planning Commission recommends denial of Planning Case #06-28 for Interim Use Permit to grade and Fill properties identified as Site 2 in the staff report. All voted in favor, except Papke who opposed, and the motion carried with a vote of 4 to 1. McDonald: Okay, motion carries 4 to 1. Now the other site, was that covered? Generous: That was part of the first one. Keefe: Yeah, that was part of the first one. APPROVAL OF MINUTES: Commissioner Papke noted the verbatim and summary minutes of the Planning Commission meeting dated July 18, 2006 as presented. Chairman McDonald adjourned the Planning Commission meeting at 10:35 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim Fi] City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 My OF (952) 227-1100 To: Zumbro River Constructors Attn: Mike MacArthur 312 Lake Hazeltine Boulevard, Suite 100 Chaska, MN 55318 Invoice SALESPERSON DATE TERMS KTM 7/20/06 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 38 Property Owners List within 500' of 3 sites on Bluff Creek Drive (38 labels) $3.00 $114.00 TOTAL DUE $114.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for August 1, 2006. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #06-28. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! «4mhao CITY OF HEARING NO.06-28 will hold a public hearing on Tuesday, August 1, 2006, at 7:00 p.m. in the Hah,7700MarketBlvd. Thepurposeof [hishear istoconsiderarequestfor an interim use permit for grading on property located at 1560 and 1425 Bluff Creek Drive and south of the Hennepin County Regional Rail Corridor and B1uffCreekDrive. Applicant: Zumbro River Constructors. A plan showing the location of the proposal is available for public review on the City's web site at www.ei.chanba&,,c!rLnuLus/serv/plan/ Qfr?B,hSmlorat Cityliallduring mgular business hours. All interested persons are invitedtoattendthispublichearing andexpresstheiropinionswithrespect to this proposal. Robert Generous, Senior Planner Email: Phone: 952.227-1131 (Publishedin the Chanhassen Villager on Thursday, July 20, 2006; No. 4699) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended �/�� qp (B) The printed public notice that is attached to this Affidavit and identified as No. � was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abedefghUkhnnopg�rstuuvvw/x'yz,('q//�J (y7/^r Y Laurie A. Hartmann Subscribed and sworn before me on i this i ♦ 2006 , RATE INFORMATION OWEN M. RADUENZ NOTARY P J,IKC-MINNESOTA My Commssbn Eames Jan. 31, 2010 Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter ................................ $40.00 per column inch Rate actually charged for the above matter ............................................... $11.51 per column inch SCANNED r. CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL 9/6/06 Sue Nelson Document ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 8/28/06 06-28 Interim Use Permit 06-28 1560 Bluff Creek Drive 1 7/10/06 06-24 Site Plan Permit 06-24 (Abra Auto Body - Lot 1, Block 1, Chan Haven Plaza 3rd Addition THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: Zumbro River Constructors John Klingelhutz Henry Cornelius ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED: copies for approval copies for distribution corrected prints SCANNED If enclosures are not as noted, kindly notify us at once. � CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an interim use permit for the following use: To import 30,000 cubic yards of clean material 2. Pro rt . The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, 1560 Bluff Creek Drive, and legally described as follows: That Part of the Northwest Quarter of the Southwest Quarter of Section 26, Township 116, Range 23 West and that part of the Southwest Quarter of the Southwest Quarter of Section 26, Township 116, Range 23 West, which lies northeasterly of the centerline of Bluff Creek Drive as dedicated on The Hesse Farms 2Id Addition, and easterly of a line drawn parallel with and 130.67 feet easterly of the west line of said Southwest Quarter. (PID 25-0262100) 3. Conditions. The permit is issued subject to plans dated received June 29, 2006 prepared in conformance with the grading plans prepared by Zumbro River Constructors for the site and the following conditions: a. Overland hauling must utilize the existing creek crossing for the Bluff Creek Drive realignment. b. No fill shall be placed within the Bluff Creek Drive right-of-way. c. Hours of operations are 7:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on holidays. d. Each site shall be examined by a professional wetland delineator to determine whether jurisdictional wetlands exist on -site or within 150 feet of the proposed fill. Any wetlands that are identified shall be delineated, then reviewed by the City prior to any work commencing on -site. If the delineation shows the proposed project to include wetland impact, the applicant shall obtain a wetland alteration permit from the City prior to wetland impacts occurring. Wn,:A29 e e. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around any ag(urban wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. All structures shall maintain a setback of at least 40 feet from ag(urban wetland buffer edges. f. Wetland replacement, if necessary, shall occur in a manner consistent with the wetland alteration permit and the Minnesota Wetland Conservation Act (MR 8420). g. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Sloe Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. h. Silt fence shall be installed at the base of all proposed slopes in accordance with Chanhassen Standard Detail Plates 5300. A rock construction entrance meeting the specifications of Chanhassen Standard Detail Plate 5301 shall be installed where truck traffic will enter and exit Bluff Creek Drive. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. Wimco-type inlet protection shall be installed in accordance with Chanhassen Standard Detail Plate 5302A in all catch basins within 200 feet of the proposed project sites and maintained as needed. The construction plans shall be revised to show the locations of the proposed silt fence, rock construction entrances and Wimco-type inlet protection and to include Chanhassen Standard Detail Plates 5300, 5301 and 5302A. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase 11 Construction Site Permit), Minnesota Department of Natural Resources, Minnesota Department of Transportation) and comply with their conditions of approval. Zumbro River Constructors shall apply for and receive an amendment to their existing NPDES Phase H Construction Permit for the Trunk Highway 212 project from the Minnesota Pollution Control Agency to incorporate a storm water pollution prevention plan for these sites. j. The applicant should review proposed slopes and runoff velocities for the site and provide additional rock checks as an erosion control mechanism if needed. Rock checks proposed within the right-of-way for Bluff Creek Drive must be reviewed and approved by the City prior to installation. 2 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: August 28, 2006 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY: Tom Furlong, Mayor AND: T6dd Gerhardt, City Manager The foregoing instrument was acknowledged before me this V'day of &ice—, 2006, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, 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. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 N x 1:T:�E�W I88ENNllMinnesota••• MyE�ires Jen 31, 2010 r Coo -2-8 CITY OF CHANHASSEN CARVER AND iIENNNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION OF DENIAL Planning Commission Application of Zumbro River Constructors for an Interim Use Permit to provide fill to the site in southern Chanhassen — Planning Case 06-28. On August 1, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Zumbro River Constructors for an interim use permit for the property located south of the Hennepin County Regional Rail Corridor and Bluff Creek Drive. The Planning Commission conducted a public hearing on the proposed interim use 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 The properties is currently zoned Agricultural Estate District, A2 (Site 2). 2. The property is guided by the Land Use Plan for Residential — Large Lot and Parks and Open Space. 3. The legal description of the properties are: Site 2: The SW 1/4 of the NE 1/4 of the Section 35, Township 116, Range 23 West, Southwest of Bluff Creek Drive and South of the Hennepin County Regional Rail Corridor. 4. The proposed grading and filling operations consisting of 90,000 cubic yards of fill for Site 2: a. Will be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Existing traffic on Bluff Creek Drive is approximately 3,700 trips per. The only access to the sites is via Bluff Creek Drive. Bluff Creek Drive is a 28-foot wide street within a 66-foot wide right-of-way with one lane of traffic in each direction. Trucks entering and exiting the site will require the entire street width to complete the turn. This will block the street in both directions for the duration of the turn, closing down the road. SCANNED r Due to the residential nature of the area, the hours of operation would be limited to 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on Sundays or holidays. Truck capacity is approximately 10 cubic yards per load. Hauling activities will degrade traffic to an unacceptable level: Summary Table: Moe/Hess Hess property Moe/Hess and propertyonly only Hess properties 7 am — 6 pm Monday -Friday 47.1 trips/hour for 9 am -5 pm Saturday 18.5 trips/hour 28.6 trips/hour 3 Weeks (Regular hours within time for 3 weeks for 5 weeks 28.6 trips/hour for frame stated in application) 2 additional weeks 9 am — 3 pm Monday -Friday 47.1 trips/hour for 9 am -5 pm Saturday 5 weeks (Recommended hours at the 18.5 trips/hour 28.6 trips/hour 28 6 trips/hour for hauling rate for the above for 5 weeks for 8.3 weeks 3.3 additional scenario) weeks 9 am — 3 pm Monday -Friday 77.7 trips/hour for 9 am -5 pm Saturday 30.7 trips/hour 47 tripsthour 3 weeks (Recommended hours within the for 3 weeks for 5 weeks 47 trips/hour for 2 time frame stated in application) additional weeks Moe/Hess property only: 35,000 cy + 10 cy/load = 3,500 trips 1) If 7 am to 6 pm Monday -Friday, 9 am-5 pm Saturday (regular construction hours, 63 hours/week) for three weeks: 63 hours/week x 3 weeks = 189 hours of hauling 3,500 trips = 189 hours = 18.5 trips/hour This would result in stopping traffic once every three minute for three weeks. 2) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), 18.5 trips/hour: 18.5 trips/hour x 38 hours/week = 703 trips/week 3,500 trips _ 703 trips/week = 5.0 weeks This would result in stopping traffic once every other minute for over three weeks. 2 r 3) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), for three weeks: 38 hours/week x 3 weeks = 114 hours of hauling 3,500 trips = 114 hours = 30.7 trips/hour This would result in stopping traffic every minute for three weeks. Hess Property (Site 2) only: 90,000 c.y. + 10 cy/trip = 9,000 trips 1) If 7 am to 6 pm Monday -Friday, 9 am-5 pm Saturday (regular construction hours, 63 hours/week) for 5 weeks: 63 hours/week x 5 weeks = 315 hours of hauling 9,000 trips + 315 hours = 28.6 trips/hour This would result in stopping traffic once every other minute for five weeks. 2) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), 28.6 trips/hour: 28.6 trips/hour x 38 hours/week = 1,086.8 trips/week 9,000 trips + 1,086.8 trips/week = 8.3 weeks This would result in stopping traffic once every other minute for over eight weeks. 3) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week) for five weeks: 38 hours/week x 5 weeks =190 hours of hauling 9,000 trips + 190 hours = 47 trips/hour This would result in stopping traffic almost once every minute for 5 weeks. Moe/Hess and Moe properties (cumulative effect if both were approved): 1) If 7 am to 6 pm Monday -Friday, 9 am-5 pm Saturday (regular construction hours, 63 hours/week): 18.5 trips/hour + 28.6 trips/hour = 47.1 trips/hour for three weeks 28.6 trips/hour for two weeks additional 2) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), maintaining the same rate of hauling shown in a): 18.5 trips/hour + 28.6 trips/hour = 47.1 trips/hour for five weeks 28.6 trips/hour for 3.3 weeks additional 3) If 9 am — 3 pm Monday — Friday, 9 am -5 pm Saturday (recommended hours of operations, 38 hours/week), maintaining same timeframe listed in application: 30.7 trips/hour + 47 trips/hour = 77.7 trips/hour for three weeks 47 trips/hour for two weeks additional b. Will be inconsistent with the objectives of the city's comprehensive plan in that traffic operations will be significantly degraded and significant natural resources will be impacted. There are several significant trees within the fill area of Site 2 that would be removed with the proposed grading operation. The fill on Site 3 could interrupt existing groundwater flows in the area that contribute to the hydrology of the Seminary Fen, Assumption Creek and/or the associated wetland complex C. Will not be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will change the essential character of that area by altering Site 2 by adding between 2 and 30 feet of fill and increases the slope adjacent to the wetland. d. Will be disturbing to existing neighboring uses since the truck traffic will increase existing traffic of 3,700 trips per day by between 290 and 300 trips per day and must access the sites via Bluff Creek Drive, which is a 28-foot wide roadway, and would close Bluff Creek Drive for turns into the sites. e. Will not served adequately by city streets, which is only 28-foot wide street. f. Will create excessive requirements for public streets and will be detrimental to the economic welfare of the community. g. Will involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property which create traffic congestion or interfere with traffic or surrounding public thoroughfares requiring the closing down of the road. i. Will potentially result in the destruction, loss or damage of natural features of major significance. There are several significant trees within the fill area of Site 1 that would be removed with the proposed grading operation. The proposed fill on Site 2 is adjacent to the Seminary Fen wetland complex. The Seminary Fen and nearby Assumption Creek are classified as Outstanding Resource Value Waters ("ORVW') by the State of Minnesota. 0 Due to the nature of the soils on this site, it is likely that significant compaction of underlying soil material would result. This could interrupt existing groundwater flows in the area that contribute to the hydrology of the Seminary Fen, Assumption Creek and/or the associated wetland complex. j. Will be aesthetically incompatible with the area since the grading operation will remove existing vegetation on the site or significantly alter the site elevations, creating steep slopes and concentrated runoff. k. Will not depreciate surrounding property values. Will not meet standards prescribed for certain uses as provided in the zoning ordinance. 5. The planning report #06-28 dated August 1, 2006, prepared by Alyson Fauske, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council deny the interim use permits for Sites 1 and 2 (Moe and Hesse). ADOPTED by the Chanhassen Planning Commission this 1" day of August, 2006. XMIRMI:MMR] IW'4 g1plan\2006 planning cases\06-28 zumbro river conyGuctm 312Vin6ngs of fact denial.doc 0L--25 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Zumbro River Constructors for an Interim Use Permit to provide fill in southern Chanhassen — Planning Case 06-28. On August 1, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Zumbro River Constructors for an interim use permit for the properties located at 1425 Bluff Creek Drive and 1560 Bluff Creek Drive. The Planning Commission conducted a public hearing on the proposed interim use 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 properties is currently zoned Rural Residential District (Site 1), RR, and Agricultural Estate District (Site 3), A2. 2. The property is guided by the Land Use Plan for Residential — Large Lot and Residential — Low Density and Parks and Open Space. 3. The legal description of the properties is: Site 1: Lot 1, Block 1, Hesse Farm 2°d Addition and a portion of Lot 2, Block 1, Hesse Farm 2°d Addition. Site 3: The SW quarter of the SW quarter of Section 26, Township 116, Range 23 West, north of Bluff Creek Drive. 4. The proposed grading and filling operations: a. Will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city since the hours of operation will be limited, the duration of the grading will be limited, appropriate erosion control measures will be installed and maintained, and the sites will be re -vegetated immediately after completion of the grading operations. b. Will be consistent with the objectives of the city's comprehensive plan and the zoning ordinance as well as meeting the standards for grading in Chapter 7 of the Chanhassen City Code. 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 since the sites will be restored to their original vegetative state. ]CANNED d. Will not be hazardous or disturbing to existing or planned neighboring uses since the hours of operation will be limited, the duration of the grading will be limited, appropriate erosion control measures will be installed and maintained, and the sites will be re -vegetated immediately after completion of the grading operations. 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. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 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, odors, rodents, or trash since the hours of operation will be limited, the duration of the grading will be limited, appropriate erosion control measures will be installed and maintained, and the sites will be re -vegetated immediately after completion of the grading operations. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area since the sites will be restored to their original vegetative state. k. Will not depreciate surrounding property values. Will meet standards prescribed for certain uses as provided in the zoning ordinance as well as meeting the standards for grading in Chapter 7 of the Chanhassen City Code.. 5. The planning report #06-28 dated August 1, 2006, prepared by Robert Generous, et al, is incorporated herein. 2 RECOMMENDATION The Planning Commission recommends that the City Council approve the interim use permit for Site 1 (Moe and Hesse) and Site 3 (Klingelhutz). ADOPTED by the Chanhassen Planning Commission this ht day of August, 2006. CHANHASSEN PLANNING 11 g:\plan\2006 planning casest06-28 z bro rive[ constructors 312hfinongs of fact.doc o(o- zs CITY OF CHMNSEN 7700 Market Boulevard PO 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 Phace:952227.1140 Fax: 952.227.1110 Park A 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 1591 Park Road Phone:952227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.d.chanhassennn.us August 29, 2006 Mr. Mike MacArthur Zumbro River Constructors 312 Lake Hazeltine Blvd., Ste. 100 Chaska, MN 55318 Re: Planning Case #06-28 Interim Use Permits for Grading at 1560 Bluff Creek Drive and south of Bluff Creek Drive and Hennepin County Regional Rail Corridor Dear Mr. MacArthur: This letter is to confirm that on August 28, 2006, the Chanhassen City Council approved the following motions: The Chanhassen City Council denied Planning Case #06-28 for Interim Use Permits to grade and fill properties identified as Site 2 in the staff report (Harold Hesse property located south of Bluff Creek Drive and Hennepin County Regional Rail Corridor). And, The Chanhassen City Council approved Planning Case #06-28 for Interim Use Permits to grade and fill Site 3 (John K ingelhutz property at 1560 Bluff Creek Drive) in conformance with the grading plans prepared by Zumbro River Constructors for the site, subject to the following conditions: 1. Overland hauling must utilize the existing creek crossing for the Bluff Creek Drive realignment. 2. No fill shall be placed within the Bluff Creek Drive right-of-way. 3. Hours of operations are 7:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on holidays. 4. Each site shall be examined by a professional wetland delineator to determine whether jurisdictional wetlands exist on -site or within 150 feet of the proposed fill. Any wetlands that are identified shall be delineated, then reviewed by the City prior to any work commencing on -site. If the delineation shows the proposed project to include wetland impact, the applicant shall obtain a wetland alteration permit from the City prior to wetland impacts occurring. 5. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around any aglurban wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the ttCM1Neo The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mr. Mike MacArthur August 29, 2006 Page 2 direction of City staff, before construction begins and shall pay the City $20 per sign. All structures shall maintain a setback of at least 40 feet from ag/urban wetland buffer edges. 6. Wetland replacement, if necessary, shall occur in a manner consistent with the wetland alteration permit and the Minnesota Wetland Conservation Act (MR 8420). 7. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 8. Silt fence shall be installed at the base of all proposed slopes in accordance with Chanhassen Standard Detail Plates 5300. A rock construction entrance meeting the specifications of Chanhassen Standard Detail Plate 5301 shall be installed where truck traffic will enter and exit Bluff Creek Drive. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. Wimco-type inlet protection shall be installed in accordance with Chanhassen Standard Detail Plate 5302A in all catch basins within 200 feet of the proposed project sites and maintained as needed The construction plans shall be revised to show the locations of the proposed silt fence, rock construction entrances and Wimco-type inlet protection and to include Chanhassen Standard Detail Plates 5300, 5301 and 5302A. 9. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources, Minnesota Department of Transportation) and comply with their conditions of approval. Zumbro River Constructors shall apply for and receive an amendment to their existing NPDES Phase II Construction Permit for the Trunk Highway 212 project from the Minnesota Pollution Control Agency to incorporate a storm water pollution prevention plan for these sites. 10. The applicant should review proposed slopes and runoff velocities for the site and provide additional rock checks as an erosion control mechanism if needed. Rock checks proposed within the right-of-way for Bluff Creek Drive must be reviewed and approved by the City prior to installation. Mr. Mike MacArthur August 29, 2006 Page 3 If you have any questions or need additional information, please contact me at (952) 227-1131 or Allyson Fauske at (952) 227-1164. Sincerely, Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Paul Oehme, City Engineer c: Harold Hesse John Klingelhutz gAplan\2006 planning cases\06-28 zumbro river constructors 312tapprove and dmy letter.doc p(0-.)8 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.06-28 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 1, 2006, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for an interim use permit for grading on property located at 1560 and 1425 Bluff Creek Drive and south of the Hennepin County Regional Rail Corridor and Bluff Creek Drive. Applicant: Zumbro River Constructors. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/sere/nlan/06-28.htm1 or 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. Robert Generous, Senior Planner Email: beenerous@ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on July 20, 2006) 6CMNW , I / \ / � �/ . . .. "'". y 0 ' ` • 1 a� ; • ``;� ! - � 0 r (' I � ( C ,'', � 'J�\ (l. , :. t 101 .- ' ' � �,1�{,, qJr .�-�--•�j,-ar(17 `«,—'f�' \.� -+ - 1. ;,� ,.; /✓1..; .• �� i, of .. \�J� � � � ',,, ®,y/ • 111�,•`':t11 •Y ',U, NA P / ( ■ a n r `'a'r/ 0 :tub �'1 '\' (� J l y r• IIII� 960 /gyps � .l'?, .. ;. 'a.. ♦ ,•/ "ter i o � J / 11 ' I • - X • Y+V •, yi �. � �\/,�'� � � �' .," y'-� ill\. • \ 1 rr' ir,��h� \ TrP kk )1 24 , I `.� "'C_ 1y ,•�el � '�I1 -' (I,` � I 7 �•i`�y % •y./.� � ,) II 1 100 ,. \. 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J�sl:uJl[�i$/ �".y!�f G""'�. _.ellar 100 5c0--1e� 15 Gre2y-` —e a Si i% TB GP — a t c Station1+00.00 Horizontal scale Vertical scale is is 1" = 30ft 1" = 10ft Center line Coordinates N = 166275.6887 E = 553346.9740 RParinn of rrnQ= Cori•inn = MAR 00'GF"C 20 ------- PROPOSLR Lr I a a Cr cc a C a PROPOSED SURVEY- ATA a JRVEY-DATA U, 920 910 `�=p��I�' _l�' ��•�� hN� �t=1��i��tP� �L��=P1��=F1�� a.�r�"t-i•� Station3+00.00 Horizontal scale is i" = 30ft Vertical scale is i" = Oft 0 � �] 930 EEE 910 '* Station5+50.00 Horizontal scale is i" = 30ft Vertical scale is 1" = iOft Center line Coordinates N = 1F;F;9 lfi ..r an 9 C 940 930 920 910 Ioo sc. D.L.E Stationi+00.00 Horizontal scale is i" = 30ft Vertical scale is i" = iOft Center line Coordinates N = 166275.6887 E = 553346.9740 RParinn of rrncc car+inn = Ndr, ')Q'r-q"F' 20 10 -------------------- PROPOS LC Lr. a a Lr, cc aPROPOSED SURVEY- ATA Cc Cr RVEY-DATA 9io v ov ov dv acv auv aov cav Mwv r-iv ovv ...... 0 Station3+00.00 Horizontal scale is 1" = 30ft Vertical scale is 1" = 10ft 930 920 K Station5+50.00 Horizontal scale is 1" = 30ft Vertical scale is 1" = Soft Center line Coordinates N = 166596.5201 G 940 930 920 910 Planning Case No. CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 �\ DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Name and Address: G/,...ckrz Mnr S53/A Contact: Phone:g12-68S-S2Sf Fax:9sa-.46&-S580 Email: Owner Name and Address: Fi 4 t-1 Q k J-LemId Nessp- CO M►1 5S3N Contact: ff, , d M&e. Phone: 952-f37- f913 Fax: Email: a a 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) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign - $200 (City to install and remove) X Escrow for Filing Fees/Attomey Cost" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - S450 Minor SUB TOTALFEE 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. `Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a di cop coppycopy 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. N PROJECT NAME: µ o 'L, Fi 11 -ik I LOCATION: 11115 B 1 mzff C—,,& .k O e-;✓2. LEGAL DESCRIPTION: TOTAL ACREAGE: i3 F1arro6 WETLANDS PRESENT: YES �_ NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: R G6' d t n Ei Y �o �a V t• Ft. REQUESTED LAND USE DESIGNATION: �.e •S; �� l 1 - �o,. dln S a y REASON FOR REQUEST: This application must be completed in full and be typewritten or dearly 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 1 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 Owners 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. �L Signature�of Applicant Dat ,�06ture of Fe-e-TN� Date G?pLAN\forms\Development Review Applicelion.DOC Rev 12/05 PARCEL THAT INCLUDES ADDITIONAL 2 ACRES THAT INCLUDES THE FARMSTEAD: All of Lot 1, Block 1, THE HESSE FARM 2ND ADDITION and All that part of Lot 2, Block 1, THE HESSE FARM 2ND ADDITION, according to the duly recorded plat thereof, described as follows: Beginning at the most easterly corner of said Lot 2; thence run southwesterly along the southeasterly line thereof for a distance of 207.00 feet on an assumed bearing of South 55 degrees 09 minutes 03 seconds West; thence North 45 degrees 18 minutes 38 seconds West for a distance of 302.45 feet; thence North 300.00 feet more or less to the most northerly corner of said Lot 2; thence run southeasterly along the northeasterly line of said Lot 2 to the point of beginning. 21.76 ACRES in EXC P/O Nort North 1/ erw Northwest 114 & 35 Described as: 1/4 of Northeast 1/4 ::A:IAlorthwest Corner 86 degrees East along North line N1/2 1 Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Section 7-35 Applications for Earth Work Permits Q: The name and address of the operator and owner of the land. A: Operator: Zumbro River Constructors 312 Lake Hazeltine Drive, Suite 100 Chaska, MN, 55318 Ph:952-368-5600 Cell:612-685-5289 Owner: Brad Moe and Harold Hesse 14372 Westridge Drive Eden Prairie, MN 55347 Date: June 29, 2006 Q: The correct legal description of the property where the activity is proposed to occur. A: 1425 Bluff Creek Drive, Chanhassen MN, 55318 Carver County; Township 116 North, Range 23 West, Section 35 (NE 1/4, of SW '/4) All of Lot 1 Block 1, The Hesse Farm 2"d Addition and all that Part of Lot 2, Block 1, The Hesse Farm 2nd Addition. Q: A certified abstract listing the names of all landowners owning property within 500 feet of the boundary of the property described above. A: City personnel expressed that this is done by the City Q: Provide the following: a. Proposed Grading Plan - Answer ; provided herein b. Proposed Stockpile Sites - Answer; Not Applicable, except for topsoil which will be replaced in a couple of weeks. c. The physical relationship of the proposed designated site to the community and existing development - Answer; See attached 7.5 minute map. d. Site topography and natural features including location of watercourses and water bodies - Answer; See grading plan, Secondly, no watercourses or bodies of water are lie within the area of this grading plan. e. The description and quantity of material to be excavated - Answer; No excavation is required, approximately 35,000 cubic yards of material will be placed as fill. f. The depth of water tables throughout the area. Answer - Water table is more than 15' below grade. g. The location and depth of wells and buried garbage, water, and fill. Answer - Not applicable, there are no wells, buried garbage, water, fill, etc in this area. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Q: The purpose of the Operation? Date: June 29, 2006 A: The property owners would like to receive some fill materials to fill in a low area adjacent to their corral and pasture. Q: The estimated time required to complete the operation A: Approximately three weeks. ZRC generally moves over 4,000 cubic yards of material per day by truck alone. Q: Hours and months of operation A: Hours of operation are between lam and 5pm but are flexible. Month of operation will depend on the approval of the permit, but we are predicting sometime in August, September or October of 2006. Q: A tree survey indicating the location and type of all trees over 6 inches in caliper. A: See attached grading plan. Q: An end use landscape plan and interim screening plan for the operation period. A: Not applicable due to the short duration of the activity. Landscaping will be re-established to the original condition, i.e. a hay field. Seed will be picked by the owner. Q: The plan of operation, including processing, nature of the processing and equipment, location of the plant source of water, disposal of water and reuse of water. A: Not applicable, should not use any water, except for dust control and compaction. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Klingelhutz Grading Permit Application Date: June 29, 2006 Q: Travel routes to and from the site and the number and type of trucks that will be used. A: Fill will be placed with trucks from the Hwy 212 project coming from Audubon/New 212 Intersection. This haul will minimize the amount of hauling in the Chanhassen area. Q: Plans for drainage, erosion control, sedimentation and dust control. A: Drainage patterns are not being altered. Erosion control will be provided in accordance with Chanhassen, Bluff Creek Watershed and MnDot standards. In the event the standards conflict with one another, the more stringent standard will apply. Standard erosion control measures such as silt fence and rock checks are shown on the plan. Area will be permanently seeded and mulched within 7 days of completion of the grading. Applicant will install the erosion control measures per the standard City of Chanhassen plates attached. Q: Restoration Plan: A: Area will be restored to a hayfield per the contours and x-sections shown on the grading plan. Q: Provide the contour of the land prior to excavation and proposed contours after completion of excavation and after completion of restoration. A: See Grading Plan Q: Those areas of the site to be used for storage of topsoil and overburden. A: Topsoil will be stockpiled around the perimeter of the grading area for a short term duration of approximately one week. Q: A schedule setting forth the timetable for excavation of land lying with the extraction facility. A: Approximately three weeks of a filling operation, no excavation should be necessary. ZUMBRO RIVER CONSTRUCTORS Chanhassen Grading Permit Q&A Job No. Khngelhutz Grading Permit Application Date: June 29, 2006 Q: The grade of all slopes after restoration, base upon proposed land uses and description of the Type and quantity of plantings where revegetation is to be conducted. A: See grading plan and cross sections. Area will be reseeded using a hay mix identified by the owner. Q: A statement identifying the applicant's program to insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. A: The applicant for this project is Zumbro River Constructors whom are responsible for the construction of the new Hwy 212 project. As part of this project, ZRC has numerous environmental compliance personnel who can respond to any environmental or permit issues. Additionally, public complaints will be heard and responded through our public relations department. The contact person is Paige Andrews, Phone 61.2-685-3954. If this person is not available, please contact the Segment Manager for this area who is Mike MacArthur, Cell 612-685-5289. Q: Provide the criteria and standards to be used to achieve final restoration as wells as intermittent stabilization. A: The area will be re-established to a hay field unless the City of Chanhassen has other requirements we are not aware of. Due to the short duration of the project, intermittent stabilization other than the erosion control shown on the grading plan should not be necessary. Q: Provide, unless exempt under Minnesota Rules, an environmental assessment worksheet, if required by the City. A: To our knowledge this is not required for this application. Q: Provide a wetland alteration permit, if require by the City Code, which shall be processed concurrently with the excavation permit application. A: No wetlands are affected by this application. 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