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CAS-16_MOE, BRAD - 1601 & 1701 BLUFF CREEK DRIVE (2)The contents of this file have been scanned. Do not add anything to it unless it has been scanned. W. 0 • Document No. OFFICE OF THE A 595 913 COUNTY RECORDER CARVER COUNTY, MINNESOTA Receipt # Certified Recorded on dune 30, 2014 2:32 PM 195913 1111111111111111111 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA INTERIM USE PERMIT #2014-16 Fee: $46.00 Mark Lundgren County Recorder 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an interim use permit (after -the -fact) for the following use: To permit approximately 18,050 cubic yards of fill that was placed on 1701 Bluff Creek Drive, plans prepared by Jacobson Engineers & Surveyors dated April 15, 2014. 2. PP. The permit is for the following property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as: Lot 7, Block 1, The Hesse Farm 2nd Addition 3. Conditions. The permit is issued to import fill to the site subject to the following conditions: a. The applicant must comply with the conditions stated in MnDOT's May 7, 2014 letter. b. A $2,000 escrow must be submitted to ensure that the site is revegetated and the access area is stabilized. 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 I SCANNED 11 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. 7. This permit shall expire with the completion of the site improvements approved by this permit and compliance with the conditions of MnDOT May 7, 2014. Dated: June 9, 2014 CITY OF CHANHASSEN By. �`1►,.. l asA. F long, Mayor By: odd Ger ardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 13!� day of 2014, by Thomas M. Furlong, Mayor and Todd Gerhardt, City Manager, of the Citiyf Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. , n -1 l/" PublidJ 174 AREN J.ENGELHARDT Notary Public• Inneeota c;w2imm Eap�ree Jen 31, 2015 �j DRAFTED BY: City of Chanhassen 7700 Market Blvd. P.O. Box 147 . anh&� MN 55317 (952)227-1100 is CITY OF CHANHASEN 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 ORRANSMITTAL DATE JOB NO. 6/19/14 2014-16 ATTENTION Carole Hoeft RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 6/9/14 14-16 Interim Use Permit 2014-1631701 Bluff Creek Drive Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Al Ames, Eureka Construction Brad Moe, 1425 Bluff Creek Drive, Chaska MN SCANNED N enclosures are not as noted, k1oft notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA INTERIM USE PERMIT #2014-16 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an interim use permit (after -the -fact) for the following use: To permit approximately 18,050 cubic yards of fill that was placed on 1701 Bluff Creek Drive, plans prepared by Jacobson Engineers & Surveyors dated April 15, 2014. 2. Property. The permit is for the following property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as: Lot 7, Block 1, The Hesse Farm 2nd Addition 3. Conditions. The permit is issued to import fill to the site subject to the following conditions: a. The applicant must comply with the conditions stated in MnDOT's May 7, 2014 letter. b. A $2,000 escrow must be submitted to ensure that the site is revegetated and the access area is stabilized. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terns 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 1 r • • 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. 7. This permit shall expire with the completion of the site improvements approved by this permit and compliance with the conditions of MnDOT May 7, 2014. Dated: June 9, 2014 CITY OF CHANHASSEN By7 4A.F g, Mayor By:odd ,ty Manager STATE OF MINNESOTA ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thisi �� day of 2014, by Thomas M. Furlong, Mayor and Todd Gerhardt, City Manager, of the Cit f Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. , A DRAFTED BY: City of Chanhassen 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 2 otayy Publi KAREN J.ENGELHARDT Notary Public -Minnesota _ My Commission Expires Jen 31,2015 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: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.2271110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web SRO www.ci.chanhassen.mn.us 0 0 June 18, 2014 Mr. Al Ames Eureka Construction 8500 210'' St. W., Suite 130 Lakeville, MN 55044 Re: Interim Use Permit - 1701 Bluff Creek Drive Planning Case #2014-16 Dear Mr. Ames, This letter is to confirm that on June 9, 2014 the Chanhassen City Council approved an Interim Use Permit for after -the -fact grading of approximately 18,050 cubic yards of fill on Lot 7, Block 1, Hesse Farm 2ad Addition subject to the following conditions: The applicant must comply with the conditions stated in MnDOT's May 7, 2014 letter. 2. A $2,000 escrow must be submitted to ensure that the site is revegetated and the access area is stabilized. Enclosed is a copy of the Minnesota Department of Transportation letter of May 7, 2014. If you have any questions or need additional information, please contact Alyson Fauske, Assistant City Engineer at (952) 227-1164 or afauske@,ci.chanhassen.mn.us. Sincerely, Robert Generous, AICP Senior Planner Enclosure c: Brad Moe ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Terry Jeffery, Water Resources Coordinator g:�plan\2014 planning cases\2014-16 1601 & 1701 bluff creek drive iup (moe)\approval letter.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED Minnesota Department of Transportation • Metropolitan District Waters Edge Building 1500 County Road B2 West Roseville, MN 55113 May 7, 2014 Alyson Fauske, Assistant City Engineer City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 SUBJECT: Hess Farm, MnDOT Review #S14-015 South of US 212, West of Bluff Creek Dr. Chanhassen, Carver County Control Section 1017 Dear Ms. Fauske: MnDOT has reviewed the plans for the subject property and has the following comments: Right of Way. MnDOT has access control over the location where the current field access is on the subject site. The adjacent land owner was paid by MnDOT to have the right of access control. This access road to this property must be realigned so the north end does not cross MNDOT's access control. MnDOT is in the process of turning back Bluff Creek Road to the City of Chanhassen; show this road as well as MnDOT right of way on resubmitted plans. It appears that MnDOT right of way has been altered with fill adjacent to this site. Resubmitted survey or site plans should be sent to MnDOT for review and the property owners should identify the area where new fill has been added and to what depth. For questions concerning these comments, contact Doug Nelson, Metro Right of Way, at 651- 234-7583 or Douglas.nelson(dstate.mn.us. Water Resources. A drainage permit may be required. The development needs to maintain existing drainage rates (i.e., the rate at which storm water is discharged from the site must not increase). Identify on plans where stockpiling of fill will be placed. Appropriate erosion and sediment control must be used to protect adjacent MnDOT property, especially the low spot at the north end or lot 1701. There may be a wetland inside the triangular shaped MnDOT area separated by only a foot or two berm between 1701 low spot. The City or project developer will need to submit existing / proposed hydraulic computations for both 10 and 100 year rainfall events verifying that all existing drainage patterns and systems affecting MnDOT right of way will be perpetuated. Drainage permit application can be found at: hlW://www.dot.state mn us/utility/files/ndf/permits/drainage-form-complete pdf. Please direct questions concerning these issues to Martin Kors, Metro Water Resources, at 651-234-7537 or martin.kors@state.mn.us. Permit Required: In addition to a drainage permit, any use of or work within or affecting MnDOT right of way requires a permit. Permit forms are available here: h=://www.dot.state.mn.us/utility/. Include one 11x17 plan set and one full size plan set with each permit application. Please direct questions regarding permit requirements to Buck Craig, Metro Permits, at 651-234-7911 or buck.crai ga,state.mn.us. Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent electronically can usually be turned around faster. Submit one of the following: 1. One pdf version of the plans. MnDOT accepts plans at metrodevreviews.dot(i4state.mn.us, provided that each e-mail is less than 20 megabytes. 2. Three sets of full size plans. Submitting seven sets of full size plans will expedite the review process. Send plans to: MnDOT—Metro District Planning Section Development Reviews Coordinator 1500 West County Road B-2 Roseville, MN 55113 3. One compact disk. 4. Plans can also be submitted to MnDOT's external FTP site. Send files to: ftp•//ftp2 dot state mn us/pub/incominWMetroWatersEdize/Plannine. Internet Explorer may not work using ftp, using an FTP Client or your Windows Explorer (My Computer). Send a note to metrodevreviews.dot(astate.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review contact me at 651-234-7789. Sincerely, Molly McCartney Senior Transportation Planner Copy sent via E -Mail: Douglas Nelson, Right -of -Way Diane Langenbach, Molly Kline, Area Engineers Buck Craig, Permits David Sheen, Traffic Martin Kors, Water Resources Russell Owen, Metropolitan Council Nancy Jacobson, Design Chanhassen City Council —llne 9, 2014 0 ' 5. Resolution #2014-40: Accept Donation from KlemBank Chanhassen for Summer Concert Series. 6. Approval of After -the -Fact Interim Use Permit for Placing Fill, 1701 Bluff Creek Drive, Brad Moe. 7. Boulder Cove, Located at 3670 Highway 7, Applicant: Lennar Corporation. Property Owner: Premier Bank: a. Approval of Final Plat b. Approval of Development Contract, Plans & Specifications, and Pond Access Easement Agreement 9. Resolution #2014-41: Approve Resolution Accepting Donation of Lake Ann Park Field #5 Dugout Improvements, Chanhassen Athletic Association 10. Approval of Private Fireworks Display Permit, Pyrotechnic Display, Inc. on Behalf of Lake Minnewashta Fireworks Committee, July 4, 2014 11. Resolution #2014-42: Approval of Resolution Accepting Donations to the Community Event Sponsorship Program. 12. Approval of Temporary On -Sale Liquor License Request, Eden Prairie Lions Club, Fundraising Event at Halla Greens Golf Course, 495 Pioneer Trail on June 18, 2014 All voted in favor and the motion carried unanimously with a vote of 5 to 0. E(8). APPROVE RESOLUTION ACCEPTING THE ANGEL OF HOPE STATUE, WILLIAM'S WING'S FOUNDATION. Councilman Laufenburger: Thank you Mr. Mayor. I just, as I was reviewing this regarding the Angel of Hope statue, I just think that it's a wonderful contribution to the city and I also made note that today is June 9' and I know this is probably an emotional time for the family but I believe that William was actually born tomorrow, is that correct? Todd Luecke: That is absolutely correct. Councilman Laufenburger: And I just think that, I saw the design of this Angel of Hope statue and it's just, it seemed to be worthy of mention further than just a consent agenda item so on behalf of the council I just thank William's parents and the family and their foundation for making this contribution and I wish them best success as they move forward so, that's all I had Mr. Mayor. Mayor Furlong: Thank you Mr. Laufenburger. Todd and Misty Luecke are here so thank you for being here. I don't know if there's anything you want to address the council on since we're discussing it separately. If you could step up to the microphone please so people at home can hear you. Todd Luecke: Specifically I'd just like to thank you for your comments. Very kind and for speaking up. Very thoughtful so thank you for that. Tomorrow we will be celebrating his, what would have been his third birthday and that will be a special time and then come this week from today we will have our second annual golf tournament to raise funds to further our mission so if there are any other questions at the SOMNEa 0 0 CHANHASSEN CITY COUNCIL REGULAR MEETING JUNE 9, 2014 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, Mitch Johnson, and Roger Knutson PUBLIC PRESENT: Todd Sim ung Todd & Misty Luecke Rick Dorsey 2145 Wynsong Lane 8788 Bellevue Court 1551 Lyman Boulevard Mayor Furlong: Thank you and good evening and welcome to those here in the council chambers and those watching at home. We're glad that you joined us this evening. At this time I would ask if there are any modifications or changes to the agenda by the members of the council or requests for such. If not, without objection we'll proceed with the agenda as published. We'll start with our consent agenda items. CONSENT AGENDA: Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: Yeah, I would just like to make comment on number 8. If we could pull that one off the consent agenda please. Mayor Furlong: Sure. Why don't we pull that off. Just a quick comment? Councilman Laufenburger: Just a quick comment and we can deal with it right after that too. Mayor Furlong: Okay, we'll bring that up immediately before Visitor Presentations. Any other items? Councilwoman Tjornhom moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: Approval of City Council Minutes dated May 27, 2014 2. Receive Planning Commission Minutes dated May 20, 2014 3. Resolution #2014-38: The Preserve at Bluff Creek 4' Addition: Accept Public Streets and Utilities. 4. Resolution #2014-39: Camp Tanadoona: Approve Resolution Extending Deadline to Connect to Municipal Sanitary Sewer. CITYOF 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 Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.2271120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 0 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Alyson Fauske, Assistant City Engineer DATE: June 9, 2014 b �N SUBJ: Interim Use Permit for Grading Planning Case #2014-16 PROPOSED MOTION lJ "The Chanhassen City Council approves an Interim Use Permit for 1701 Bluff Creek Drive for an after -the -fact grading permit subject to the conditions of the staff report and adoption of the Findings of Fact." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY The developer is requesting an "after -the -fact" Interim Use Permit for approximately 18,050 cubic yards of fill that was placed on Lot 7, Block 1, The Hesse Farm 2nd Addition (1701 Bluff Creek Drive) between May and October, 2013; and requesting an Interim Use Permit for approximately 6,990 cubic yards of fill on Lots 6 and 7, Block 1, The Hesse Farm 2nd Addition (1601 & 1701 Bluff Creek Drive). Since the Planning Commission review, the applicant has amended their request to limit the Interim Use Permit to the "after -the -fact" grading. PLANNING COMMISSION SUMMARY Naturlal Resources The Planning Commission held a public hearing on May 20, 2014 to review the Phone: 952.227.1130 Proposed request. The motion recommending approval subject to the conditions of the Fax: 952.227.1110 staff report carried unanimously with a vote of 5 to 0. The Planning Commission had no additional issues or concerns. Public Works 7901 Park Place RECOMMENDATION Phone: 952.227.1300 Fax: 952.227.1310 Staff recommends adoption of the motion approving the Interim Use Permit for 1701 Senior Center Bluff Creek Drive. Phone: 952.227.1125 Fax: 952.2271110 ATTACHMENTS Web Site 1. Planning Commission Staff Report Dated May 20, 2014 as revised in strike- www.d.chanhassennnos throughlbold format. 2. Email from miked@eurekaconst.con to Alyson Fauske dated May 23, 2014. g:\plan\2014 planning cases\2014-16 1601 & 1701 bluff creek drive iup (moe)\executive swmnmy.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve the Interim Use Permits -for site grading in excess of 1,000 cubic yards subject to the conditions of the staff report, and adopts the Findings of Fact and Recommendation." SUMMARY OF REQUEST: The developer is requesting an "after -the -fact' Interim Use Permit for approximately 18,050 cubic yards of fill that was placed on Lot 7, Block 1, The Hesse Farm 2nd Addition (1701 Bluff Creek Drive) between May and October, 2013; and fequeskg an Interim Use Permh fer a"r-eximately 6,990 eubie yffds effill on Lots 6 and:7, Week , Hesse Fam 2fid Addition (1601 & 1:701 Bleff Greek Dfive). LOCATION: Lot 7, Block 1, The Hesse Farm 2nd Addition (1701 Bluff Creek Drive) Lets 6 and 7, Bleek 1, The Hesse Pane NA Addition (1601 & 1701 Bluff C=Feek Dive APPLICANT: Eureka Construction Brad Moe 8500 210th St. W., Suite 130 1425 Bluff Creek Dr. Lakeville, MN 55044 Chaska, MN 55318 (952)469-5685 al[@eurekaconst.com PRESENT ZONING: Rural Residential District, RR 2020 LAND USE PLAN: Residential Large Lot ACREAGE: 10 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying interim use permits, based on whether or not the proposal meets the standards outlined in the Zoning Ordinance and city code. If the City finds that all the applicable standards are met, the permit must be approved. This is a quasi- judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY Eureka Construction has submitted an application for after -the -fact grading on the property located at 1701 Bluff Creek Drive. Between May and October, 2013 the applicant placed approximately 18,050 cubic yards of fill on the site. The site was stabilized and the contractor began discussions with the City to remedy the situation and request permission to place Planning Commission • • Moe Interim Use Permits — Planning Case 2014-16 May 20, 2014 Page 2 of 4 additional fill on the site and the property to the east (1601 Bluff Creek Drive). The plan includes exhibits showing the 2011 conditions, the existing conditions and the proposed conditions. APPLICABLE REGULATIONS Chapter 7, Article II, Excavating, Mining, Filling and Grading Chapter 20, Article IV, Division 5, Interim Use Permits Chapter 20, Article XI, "RR" Rural Residential District With the construction of Highway 212 from 2005 to December 2007, Bluff Creek Drive, which previously ran in front of these properties, was realigned to the east. The right-of-way for Highway 212 comes to the property line. Hesse Farm 2"d Addition was platted in November 1978. ANALYSIS After -the -fact Interim Use Permit application for the placement of 18,050 cubic yards of fill at 1701 Bluff Creek Drive The 2011 conditions are based on Carver County's GIS contour information to provide an approximation of the conditions before the 18,050 cubic yards of fill was placed on 1701 Bluff Creek Drive. This xhib' ded h ' ' e it was prove at t o City s request m order to estimate the runoff patterns that existed before the fill was placed and compare that to the current condition. Based on the 2011 Conditions, runoff from the site generally discharged to a drainage swale to the north within the Highway 212/Bluff Creek Drive right of way. The applicant's engineer completed a topographic survey on April 9, 2014 ("Existing Conditions") to determine the current grades within the area and to calculate the amount of fill that was placed between May and October, 2013. The current drainage patterns mimic the 2011 conditions; however, the time of concentration to the right of way has decreased due to the steeper slopes within the property. A copy of the application was sent to MnDOT for review and comment. The applicant must comply with the conditions stated in MnDOT's May 7, 2014 letter. Planning Commission • • Moe Interim Use Permits — Planning Case 2014-16 May 20, 2014 Page 3 of 4 The site was seeded and mulched in the fall of 2013. Some areas did not revegetate; therefore, the applicant must submit an escrow to ensure that the work is completed. Additional escrow will also be required to ensure that the access area is stabilized. The total escrow required for the after -the -fact IUP is $2,000. RECOMMENDATION Staff recommends that the Planning Commission approve the Interim Use Permit subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: After -the -Fact Interim Use Permit for 1701 Bluff Creek Drive 1. The applicant must comply with the conditions stated in MnDOT's May 7, 2014 letter. 2. A $2,000 escrow must be submitted to ensure that the site is revegetated and the access area is stabilized. IN . _ . .. --.. -. 16, Y .. .. .. .. .. .. . - ... .. -. - ■ .. • ■ Y. ! �! Y. .. -- --.. ..._.. ■-.. _.-... RECOMMENDATION Staff recommends that the Planning Commission approve the Interim Use Permit subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: After -the -Fact Interim Use Permit for 1701 Bluff Creek Drive 1. The applicant must comply with the conditions stated in MnDOT's May 7, 2014 letter. 2. A $2,000 escrow must be submitted to ensure that the site is revegetated and the access area is stabilized. Planning Commission • • Moe Interim Use Permits — Planning Case 2014-16 May 20, 2014 Page 4 of 4 Y.. ... .. . .. .... .. .... .. .. .. . \ • . .. . !. Y. �• M. t M-1 ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced Copy Grading Plan. 4. Letter from Molly McCartney (MnDOT) to Alyson Fauske dated May 7, 2014. 5. Public Hearing Notice and Mailing List. gAplan\2014 plaruting ca \2014-16 1601 & 1701 bluff creek drive iup (nwe)\staff report moe iup.doc 9 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION II ' Application of Eureka Construction and Brad Moe for an Interim Use Permit to permit grading, excavation and slope restoration. On May 20, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Eureka Construction and Brad Moe for an interim use permit for the property located at 1601 & 1701 Bluff Creek Drive. The Planning Commission conducted a public hearing on the proposed interim use which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned RR, Rural Residential District. 2. The property is guided by the Land Use Plan for Residential Large Lot. 3. The legal description of the property is: Lot 7, Block 1, The Hesse Farm 2nd Addition and Lots 6 and 7, Block 1, The Hesse Farm 2nd Addition 4. When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: a. The grading operation will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The site work will result in the stabilization and re -vegetation of the slope and the reduction in site erosion. b. The grading operation will be consistent with the objectives of the city's comprehensive plan and the zoning code by creating a future development area that may be developed consistently with the land use designation of the property and through the protection and stabilization of the slopes. The earthwork will be maintaining the site in a form suitable for residential use which is compatible with the Comprehensive Plan and this chapter. c. The grading operation will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity 0 0 and will not change the essential character of that area because the site will be re - vegetated and the slopes stabilized reducing site erosion. The aesthetics of the site will be enhanced with the establishment of berming and site vegetation. d. The grading operation will not be hazardous or disturbing to existing or planned neighboring uses because the grading and drainage will be contained within the site perimeters. e. The grading operation will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use since development of the site will be delayed until urban services are available. The use is temporary which does not need to be served by public facilities and services. The proposed grading will prepare the site for future development. f. The grading operation will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community since this is a temporary use. g. The grading operation will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The conditions of the approval will provide standards by which the activities should be minimized. h. The grading operation will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The grading operation will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The site will be re -vegetated. j. The grading operation will be aesthetically compatible with the area since the grading and re -vegetation of the site will improve the site aesthetics. k. The grading operation will not depreciate surrounding property values since the plan will improve the site and its impacts on the surrounding properties. 1. The grading operation will meet standards prescribed for certain uses as provided in Chapter 7, Article 1H of the Chanhassen City Code. 5. The planning report #2014-16 dated May 20, 2014, prepared by Alyson Fauske, et al, is incorporated herein. `A 0 0 RECOMMENDATION The Planning Commission recommends that the City Council approve the interim use permit to permit grading, excavation and restoration. ADOPTED by the Chanhassen Planning Commission this 20'h day of May, 2014. CHANHASSEN PLANNING COMMISSION RVA Its Chairman COMMUNITY DEVELOPMENT DEPARTMENT APR 18 201 CITY OF CHANHASSFN Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN IAIP��IkNti(i0 Phone: (952) 227-1300 / Fax: (952) 227-1110 ( APPLICATION FORDEVELOPMENT 4 D1EVELOPMENT'REVIEW Dale Filed:4— I aO -I � 60 -Day Review Deadline: (o— h— IT Planner: De Case #:0801 ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑ Conditional Use Permit ❑ Single -Family Residence ................................ $325 ❑ All Others ......................................................... $425 Interim Use Permit In conjunction with Single -Family Residence.. $325 All Others ................. .$425 ❑ Rezoning ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review ❑ Administrative.................................................. $100 ❑ CommerciaUlndustrial Districts* ...................... $500 Plus $10 per 1,000 square feet of building area Include number of existing employees: and number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit &DITIONAL REQUIRED FEES Not cation Sign .................................................. $200 (City to install and remove) -7k3 mal Property Owners' List within 500' ........ $3 per address (City to generate — fee determined at pr licalion meeting) j Escrow for Recording Documents. $50 erdocument (CUP/SPRNACNARIWAP/Metes & Bo s Subdivision) Project Name: 0 Property Address or Location: z S�3Zm7o Parcel #: ?r?3Zs�of C� Legal Description: Total Acreage: /e) Wetlands Present? Present Zoning:, %VN;t-, Present Land Use Lim Existing Use of Property: Description of Proposal:)%icv ❑ Check box if separate narrative is ❑ Subdivision ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots.......................$600 + $15 per lot ❑ Metes & Bounds .........................$300 + $50 per lot ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment ......................................... $150 ❑ Final Plat`........................................................$250 'Requires additional $450 escrow for attorney costs. Escrow will be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way................... $300 (Additional recording fees may apply) ❑ Variance............................................................... $200 ❑ Wetland Alteration Permit ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment ............................ $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) n � TOTAL FEES: $ Received from Date Received: _ /70/ ❑ Yes,® No -Requested Zoning: Land Use Designation: CATI MIZIMNI''m N SCANW 0 Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct. Name: AddreE City/St Email: Sgnati Contact Phone: 6 ql 2- q&9 -56g'.5 Cell: Coll-1-90-L6.3� Fax: l- -$ S Date: -Zz-/y PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct. Name: Be-wi noE Contact: C%.�2'4??13 Address: /' City/StaterZip: Email: .) Signature: Phone: Cell: Fax: Date: 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, refer to the appropriate Application Checklist and confer with the Planning Department to determine the speck ordinance and applicable procedural requirements. 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. PROJECT ENGINEER (if applicable) Name: Contact. Address: Phone. City/State/Zip: Cell. Email: Fax Section 4: Notification Information Who should receive copies of staff reports? 'Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State Zip: ❑ Other` Via: ❑ Email ❑ Mailed Paper Copy Email: SCANN i. /` \\ A)|§ - . ,#22 § ]1 �] $ /|!!g ( /�``~\ , [ \\5� h•|/ D g|| \ � � �/|D !• �\ � �\\��|!j • A ( r� m°) 1z m || ,� z (j! �] $ \ !• § 1z m || z OV Minnesota Department of Transportation Metropolitan District D,, �Waters Edge Building °""� 1500 County Road B2 West Roseville, MN 55113 May 7, 2014 Alyson Fauske, Assistant City Engineer City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 SUBJECT: Hess Farm, MnDOT Review #S14-015 South of US 212, West of Bluff Creek Dr. Chanhassen, Carver County Control Section 1017 Dear Ms. Fauske: MnDOT has reviewed the plans for the subject property and has the following comments: Right of Way: MnDOT has access control over the location where the current field access is on the subject site. The adjacent land owner was paid by MnDOT to have the right of access control. This access road to this property must be realigned so the north end does not cross MNDOT's access control. MnDOT is in the process of turning back Bluff Creek Road to the City of Chanhassen; show this road as well as MnDOT right of way on resubmitted plans. It appears that MnDOT right of way has been altered with fill adjacent to this site. Resubmitted survey or site plans should be sent to MnDOT for review and the property owners should identify the area where new fill has been added and to what depth. For questions concerning these comments, contact Doug Nelson, Metro Right of Way, at 651- 234-7583 or Douglas.nelsonnastate.mmus. Water Resources: A drainage permit may be required. The development needs to maintain existing drainage rates (i.e., the rate at which storm water is discharged from the site must not increase). Identify on plans where stockpiling of fill will be placed. Appropriate erosion and sediment control must be used to protect adjacent MnDOT property, especially the low spot at the north end or lot 1701. There may be a wetland inside the triangular shaped MnDOT area separated by only a foot or two berm between 1701 low spot. The City or project developer will need to submit existing / proposed hydraulic computations for both 10 and 100 year rainfall events verifying that all existing drainage patterns and systems affecting MnDOT right of way will be perpetuated. Drainage permit application can be found at: http://www.dot.state.mn.us/utili /files/pdf/.pertnits/drainage-form-complete pdf. Please direct questions concerning these issues to Martin Kors, Metro Water Resources, at 651-234-7537 or martin.kors(astate.mn.us. Permit Required: In addition to a drainage permit, any use of or work within or affecting MnDOT right of way requires a permit. Permit forms are available here: http://www.dot.state.mn.us/utiliri/. Include one 11x17 plan set and one full size plan set with each permit application. Please direct questions regarding permit requirements to Buck Craig, Metro Permits, at 651-234-7911 or buck.crai g(@,,state.mn. us. Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent electronically can usually be turned around faster. Submit one of the following: 1. One pdf version of the plans. MnDOT accepts plans at metrodevreviews.dot6a,state.mn.us, provided that each e-mail is less than 20 megabytes. 2. Three sets of full size plans. Submitting seven sets of full size plans will expedite the review process. Send plans to: MnDOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B-2 Roseville, MN 55113 3. One compact disk. 4. Plans can also be submitted to MnDOT's external FTP site. Send files to: ftp://ftp2.dot.state.mn.us/pub/incoming/MetroWatersEd2e/Planning. Internet Explorer may not work using ftp, using an FTP Client or your Windows Explorer (My Computer). Send a note to metrodevreviews.dotna state.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review contact me at 651-234-7789. Sincerely, Molly McCartney Senior Transportation Planner Copy sent via E -Mail: Douglas Nelson, Right -of -Way Diane Langenbach, Molly Kline, Area Engineers Buck Craig, Permits David Sheen, Traffic Martin Kors, Water Resources Russell Owen, Metropolitan Council Nancy Jacobson, Design 0 CITY OF CHANHASSEN 0 AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 8, 2014, 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 1601 & 1701 Bluff Creek Drive Interim Use Permit — Planning Case 2014-16 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 this � day of (YI Q 2014. Notary P blic K�'--�)mK IM T. MEUWISSENNotary Public -Minnesota (,p�vni'I.. F�Mee Jen 31. 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 20, 2014 at 7:00 p.m. This hearing may not start until later In the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an after -the -fact Interim Use Permit for approximately 18,050 cubic yards of fill that was placed on Lot 7, Proposal: Block 1, The Hesse Farm 2nd Addition between May and Proposal: October, 2013; and an Interim Use Permit for approximately 6,990 cubic yards of fill on Lots 6 and 7, Block 1, The Hesse Farm 2nd Addition. The properties are zoned Rural Residential. Applicant: Applicant: Eureka Construction. Owner: Brad Moe. Property 1601 & 1701 Bluff Creek Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-16. If you wish to talk to someone about this project, please contact Alyson Fauske by Questions & email at afauskena ci.chanhassen.mn.us or by phone at 952 - Comments: 227-1164. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site man Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonirgs, Comprehensive man Amendments and Code Amendments require a public hearing before the Planning Commission. City o idances require all properly 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 ovemew 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 dose the public heading and discuss the item and make a recommendation to the Gty Council. The City Council may reverse. affirm or modify wholly or partly the manning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezo Ings and land use amendments from residential to commercialfindustral. • Minnesota State Statute Sig.9g requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to Noir complexity may take several months to complete. Any person Waning 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 spokespersonlrepresentative 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 manning Commission holds the public heading, 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 repos, lease contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 20, 2014 at 7:00 P.M. This hearing may not start until later in the avenin , depending on the order of thea enda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an after -the -fact Interim Use Permit for approximately 18,050 cubic yards of fill that was placed on Lot 7, Block 1, The Hesse Farm 2nd Addition between May and Proposal: October, 2013; and an Interim Use Permit for approximately 6,990 cubic yards of fill on Lots 6 and 7, Block 1, The Hesse Farm 2nd Addition. The properties are zoned Rural Residential. Applicant: Applicant: Eureka Construction. Owner: Brad Moe. Property 1601 & 1701 Bluff Creek Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about t applicant's request and to obtain input from the neighborho 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/2014-16. If you wish to talk to someone about this project, please contact Alyson Fauske by Questions & email at afauske(cDci.chanhassen.mn.us or by phone at 952 - Comments: 227-1164. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site man Raves, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the manning 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 manning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item .11 be opened for the public to speak about the proposal as a part of the hearing process. The Commission will dose the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly «partly the manning 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 commercialfindustdal. • 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 Waning to follow an Item through the process should check with the manning 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 as'couraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any interested Pers mjs). • Because the manning Commission holds Ne public hearing, the City Council don 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 Manning Staff person named on the notification. 0 ALBERT & KAREN M DORWEILER 1565 BLUFF CREEK DR CHASKA, MN 55318-9519 JEFFREY A PODERGOIS 1620 WEST FARM RD CHASKA, MN 55318-9507 STATE OF MINNESOTA - DOT 1500 W COUNTY ROAD B2 ROSEVILLE, MN 55113-3174 BRADLEY S & HEIDI R MOE 1425 BLUFF CREEK DR CHASKA, MN 55318-9515 MARK STEVEN CLINE 1650 WEST FARM RD CHASKA, MN 55318-9507 THOMAS L & SANDRA K CARAVELLI 6423 MERE DR EDEN PRAIRIE, MN 55346-2311 171 DURENE D KLINGELHUTZ 1560 BLUFF CREEK DR CHASKA, MN 55318-9519 MAXWELL F & JULIANE M TISCH 1600 WEST FARM RD CHASKA, MN 55318-9507 0 ` Fauske, Alyson From: miked@eurekaconst.com Sent: Friday, May 23, 2014 1:25 PM To: Fauske, Alyson Cc: Jeffery, Terry; Spreiter, Krista; al@eurekaconst.com Subject: RE: Carver County Drainage Map We are not pursuing the additional fill. CONSTRUCTION. INC' Mike Derr Project Manager/Estimator Eureka Construction, Inc. 20141 Icenic Trail Lakeville, MN 55044 P: 952469-5685 F: 952469-5228 M:612-280-6248 From: Fauske, Alyson[mailto:AFauskeCalci.chanhassen.mn.usl Sent: Friday, May 23, 2014 1:22 PM To: miked(o)eurekaconst.com Cc: Jeffery, Terry; Spreiter, Krista; alCabeurekaconst.com Subject: RE: Carver County Drainage Map 0 Thanks, Mike. The plan shows 2011 estimated rates versus rates resulting from the proposed grading. Is Eureka pursuing the additional fill? Have a great Memorial Day! Alyson From: miked(&eurekaconst.com [mailto:miked@eurekaconst.coml Sent: Thursday, May 22, 2014 6:17 PM To: Fauske, Alyson; a*eurekaconst.com Subject: FW: Carver County Drainage Map Alyson, Please see attached drainage map. EUREKA CONSTRUCTION. INC. Mike Derr Project Manager/Estimator Eureka Construction, Inc. 20141Icenic Trail Lakeville, MN 55044 P: 952-469-5685 F: 952469-5228 M '612-280-6248 • • From: Nate Thomas [mailto:nate.t(cengrsurv.coml Sent: Thursday, May 22, 2014 10:25 AM To: miked()eurekaconst.com Cc: orant.i@)engrsurv.com Subject: Carver County Drainage Map Mike, Attached is a plan showing the drainage areas for the existing and proposed, along with the pre/post discharge rates. Take a look and let us know if you have any questions. Thanks Nate Nathan Thomas, E.I.T. JACOBSON ENGINEERS & SURVEYORS 21029 Heron Way Lakeville, MN 55044 952-4694328 (f) 9524694624 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Eureka Construction and Brad Moe for an Interim Use Permit to permit grading, excavation and slope restoration. On May 20, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Eureka Constriction and Brad Moe for an interim use permit for the property located at 1601 & 1701 Bluff Creek Drive. The Planning Commission conducted a public hearing on the proposed interim use which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned RR, Rural Residential District. 2. The property is guided by the Land Use Plan for Residential Large Lot. 3. The legal description of the property is: Lot 7, Block 1, The Hesse Farm 2nd Addition and Lots 6 and 7, Block 1, The Hesse Farm 2nd Addition 4. When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: a. The grading operation will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The site work will result in the stabilization and re -vegetation of the slope and the reduction in site erosion. b. The grading operation will be consistent with the objectives of the city's comprehensive plan and the zoning code by creating a future development area that may be developed consistently with the land use designation of the property and through the protection and stabilization of the slopes. The earthwork will be maintaining the site in a form suitable for residential use which is compatible with the Comprehensive Plan and this chapter. c. The grading operation will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity SCANNED and will not change the essential character of that area because the site will be re - vegetated and the slopes stabilized reducing site erosion. The aesthetics of the site will be enhanced with the establishment of becoming and site vegetation. d. The grading operation will not be hazardous or disturbing to existing or planned neighboring uses because the grading and drainage will be contained within the site perimeters. e. The grading operation will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use since development of the site will be delayed until urban services are available. The use is temporary which does not need to be served by public facilities and services. The proposed grading will prepare the site for future development. f. The grading operation will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community since this is a temporary use. g. The grading operation will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The conditions of the approval will provide standards by which the activities should be minimized. h. The grading operation will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The grading operation will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The site will be re -vegetated. j. The grading operation will be aesthetically compatible with the area since the grading and re -vegetation of the site will improve the site aesthetics. k. The grading operation will not depreciate surrounding property values since the plan will improve the site and its impacts on the surrounding properties. 1. The grading operation will meet standards prescribed for certain uses as provided in Chapter 7, Article III of the Chanhassen City Code. 5. The planning report #2014-16 dated May 20, 2014, prepared by Alyson Fauske, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the interim use permit to permit grading, excavation and restoration. ADOPTED by the Chanhassen Planning Commission this 20`x' day of May, 2014. CHANHASSEN PLANNING COMMISSION BY: Its Chairman y Chanhassen Planning Commission — May 20, 2014 • 5. The plan shall be revised to show locations of proposed stockpile areas. 6. The proposed grades shall be no steeper than 3:1. 7. Staff recommends the use of minimum parking dimensions to reduce hard surface cover and aid in the stormwater management of the property per City Code §20-1118. 8. The erosion prevention and sediment control plan must be compliant with Chapter 19 of Chanhassen City Code. 9. The applicant must procure and comply with all required approvals from applicable jurisdictional agencies. 10. The rip rap slope must be shown on the plans and erosion prevention and sediment control practices shall be modified to accommodate this disturbance. Building Official Conditions 1. The building addition is required to have an automatic fire extinguishing system. 2. All plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Detailed occupancy and building area -related code requirements cannot be reviewed until further information is provided. 4. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Planning Conditions 1. All rooftop and ground equipment must be screened from views. 2. Any new signs must comply with the sign ordinance requirements. 3. Light levels for site lighting shall be no more than one-half foot candle at the project perimeter property line. This does not apply to street lighting. Light fixtures shall be downcast and the light shall be cut off at a 90 -degree angle as required by the city code. All fixtures shall be shielded. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: 1601 & 1701 BLUFF CREEK DRIVE: REQUEST FOR AN "AFTER -THE -FACT" INTERIM BETWEEN MAY AND OCTOBER, 2013; AND A REQUEST FOR AN INTERIM USE PERMIT W-4NNED Chanhassen Planning Commission — May 20, 2014 • ZONED RURAL RESIDENTIAL. APPLICANT: EUREKA CONSTRUCTION. OWNER: BRAD MOE, PLANNING CASE 2014-16. Fauske: Thank you Chairperson Aller and members of the Planning Commission. Before you this item is the Interim Use Permit application which actually is in two parts. The first part being for some fill that's already taken place and the second partt requesting permission for some additional fill upon the site. This is scheduled for the June 91 council meeting. The project proposer is Eureka Construction and the property owner is Mr. Brad Moe. The site is located south of Highway 212 and west of Bluff Creek Drive. It's in a rural residential area. Access to the site was gained from Bluff Creek Drive. The interim use permit process is required when grading operations are in excess of 1,000 cubic yards. The threshold for a grading permit is 50 cubic yards and that's to allow staff an opportunity to take a look at drainage patterns. Make sure that erosion control devices are in place so when we get up to 1,000 cubic yards it's enough of a change where it warrants looking at a public hearing and making sure that residents around the area are aware of the proposed project. In this case as I had mentioned there is some fill that had already been taken place so they're requesting an after the fact Interim Use Permit. Fill was placed on the site between May and October, 2013. We don't have the exact dates. The contractor working on the site was notified and at that point when the grading, the fill operation ceased the site was seeded to get some stabilization and they began to have conversations with staff to get the Interim Use Permit application in. In this instance because we did not have accurate pre -grading information the application was directed to use the 2011 contour data provided by Carver County in order to determine the approximate amount of fill. The contractor calculated that to be 18,050 cubic yards is the amount of fill that was placed between May and October of 2013. This unfortunately doesn't show very well on the screens. It's also included in the packet as an attachment. It shows the 2011 condition per the Carver County grades and then the current condition which is represented by topographic information that was collected by the contractor's surveying company. For the after the fact Interim Use Permit we did receive some comments from MnDOT because MnDOT, their right -0f --way exists to the north of the site. MnDOT had mentioned some access control to the property that had been negotiated with the property owner. Staff wasn't necessarily included in all those conversations. The applicant has been in contact with MnDOT to get clarification on what all requirements need to be met. As of Friday hadn't heard back from MnDOT so we'll continue to work with the applicant and MnDOT to make sure that all of MnDOT's concerns are addressed with the after the fact Interim Use Permit. MnDOT comments also included a note that they believe that there could potentially have been fill within the MnDOT right-of-way. Looking at the grading plan, that didn't stick out to me but again we want to have that conversation with MnDOT and make sure that all of their concerns are addressed. And then the third comment with regards to the after the fact Interim Use Permit is whether or not a drainage permit is required. In this scenario when, if the discharge rates for runoff to the MnDOT right-of-way are increased, that's when they start looking at requiring a drainage permit so those are calculations that the contractor and his engineer have been having discussions and getting those prepared so that we can have a conversation with MnDOT as far as what permits need to be required. Any kind of on site mitigation to slow down that runoff entering the MnDOT right -0f --way. And then staff had a comment with the after the fact Interim Use Permit with regard to site stabilization. There are still some areas that haven't fully been established so we'd like to get an escrow in order to make sure that those concerns are addressed and everything was revegetated. Aller: Okay, any questions? I think the escrow is a great idea personally. Fauske: Okay. Aller: When you're looking at activity prior to and now asking basically for forgiveness on something that could have been prevented and maybe we wouldn't need it in the first place so to protect the residents here is a great idea. r y Chanhassen Planning Commission — May 20, 2014 • Fauske: The other part of the application is for some additional fill. Included in the packet and shown here is some proposed additional fill on the site. The drainage patterns remain essentially the same but again we would be looking to the applicant and the applicant's engineer to provide some information as far as the peak discharge rates off of the site based on the current condition and the proposed condition. Aller: Will that fill impact other than the MnDOT right-of-way? Fauske: As far as? Aller. You did the additional fill. Does it look like it would impact? Fauske: No. It does not indicate any additional fill. Aller: So most of those discussions will be between the applicant and MnDOT at this time. Fauske: Correct. Aller: Okay Fauske: Correct. With the proposed additional fill we would request that a haul route be provided. That's a standard request for the interim use permit so that staff can be aware of where trucks are hauling to. Make sure that they're on a road that's built for those size of vehicles. Again the MnDOT's comments were similar, were the same as the after the fact request regarding access control, fill within the MnDOT right-of-way. To clarify MnDOT didn't specify whether the fill in MnDOT right-of-way was based on the current condition or the proposed so those are questions that we're trying to get answers from MnDOT for and we'll continue working with them. And again a drainage permit may be required based on what we see for peak discharge rates. The staff report also includes some erosion control measures that would have to be in place in order for the additional fill to take place, including an NPDES permit. That's a permit through the PCA because of the amount of fill involved and the amount, the area being disturbed. And again an escrow to ensure that the erosion control is in compliance and the site stabilization is done according to plan and that stabilization takes place. Based on staffs review, staff has provided a recommendation that the Planning Commission recommend that the City Council approve the Interim Use Permits for site grading in excess of 1,000 cubic yards subject to the conditions of the staff report and adoption of the attached Findings of Fact to the staff report. With that I would be happy to answer any questions that the commission may have at this time. Aller: Any questions? Mr. Weick. Weick: Is the site being, is it being worked on for a future use? Not that it's relevant necessarily to this permit but. Fauske: Not that we've, that we've been told. It was, I'm not aware of the conversations between the property owner and the contractor. Weick: Okay. Aller: Okay. Hearing no other questions, if the applicant wishes to come forward and make a presentation they can do so at this time. They don't have to. Seeing no one come forward I'll open the public hearing portion of the hearing on this item. Anyone wishing to speak either for or against the item can come forward and do so at this time. Seeing no one come forward, close the public hearing. Open it for discussion. R I Chanhassen Planning Common —May 20, 2014 • ` Yusuf: Alyson? Fauske: Yes. Yusuf: So the applicant isn't here but are we, or are you comfortable with the level of cooperation between the staff and the applicant? Fauske: I am. I've been working, I haven't been working with the property owner. I've been working with the contractor that's done the work and he did mention at this point he's not certain if he will proceed with the additional fill on the site. Some of the comments from MnDOT were, he wasn't really necessarily comfortable with. I did explain to him that he's now, that these conditions were based on the fill that's already taken place so I indicated to the applicant that before this goes before the City Council, he needs to make that final determination if he would like to place the additional fill so he and I have been in discussion with that as far as a final deadline. Yusuf: Okay, thank you. Aller: Commissioner Weick. Weick: Yeah if I could, simplify this for me because this is sort of new to me. Fauske: Okay. Weick: Basically what we have is someone's working on their land and they're moving more dirt than is allowed and so we need to, we need a permit in place so that they can move that much dirt. I mean is that kind of what we're? Fauske: That's correct. And also to make sure that, that the fill that was placed doesn't adversely affect a condition that exists around where the fill was place. Weick: Yep, okay. Perfect. Thank you. Aller: Okay. I'll entertain a motion if there is one. Undestad: I'll make a motion. The Chanhassen Planning Commission recommends that City Council approve the Interim Use Permits for site grading in excess of 1,000 cubic yards subject to the conditions of the staff report and adoption of the attached Findings of Fact. Aller: I have a motion. Do I have a second? Yusuf Second. Aller: I have a motion by Commissioner Undestad, a second by Commissioner Yusu£ Any further discussion? Undestad moved, Yusuf seconded that the Chanhassen Planning Commission recommends that City Council approve the Interim Use Permits for site grading in excess of 1,000 cubic yards subject to the following conditions; and adopts the Findings of Fact and Recommendation: Chanhassen Planning Commission — May 20, 2014 • After -the -Fact Interim Use Permit for 1701 Bluff Creek Drive 1. The applicant must comply with the conditions stated in MnDOT's May 7, 2014 letter. 2. A $2,000 escrow must be submitted to ensure that the site is revegetated and the access area is stabilized. 6,990 cubic yards of fill on 1601 and 1701 Bluff Creek Drive 1. The applicant must provide the proposed haul route to the Engineering Department for review. 2. The applicant must comply with the conditions stated in MnDOT's May 7, 2014 letter. 3. Perimeter control must be installed on all down -gradient perimeters of the site. The current extent and location of perimeter control shown on the plan does not sufficiently reflect this requirement. 4. Ditch/swale bottoms must be stabilized 200 feet back from the property edge or from the point of discharge to surface waters (this includes stormwater inlets and catch basins). This is not reflected on the current plan. 5. Inlet control (catch basin inserts) must be installed on all down -gradient inlets, including along the curb on Bluff Creek Drive. 6. A NPDES Stormwater Permit for Construction Activity must be obtained from the Minnesota Pollution Control Agency. The applicant must submit, and the City must receive, a copy of the permit, as well as the Storm Water Pollution Prevention Plan. 7. Before additional fill can be placed an escrow totaling 110% of the estimated erosion control costs must be submitted. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: Commissioner Weick noted the verbatim and summary Minutes of the Planning Commission meeting dated May 6, 2014 as presented. COMMISSION PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Aller: City Council action update. Aanenson: Thank you Chairman, members of the Planning Commission. There's just one item that appeared before the Planning Commission and that was the code amendments that have been approved. So that was it. And I also did include in your packet the two items that were presented to the City Council last Monday that you were also in attendance on so just for your edification and then just a reminder too that this Thursday night from 4:00 to 6:00 is an open house and if you can make it, that'd be great. Just kind of see what the traffic level is on that and we will be having a second one in July so if you can't make that one, there's another opportunity. We also have put this information, the boards have PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve the Interim Use Permits for site grading in excess of 1,000 cubic yards subject to the conditions of the staff report, and adopts the Findings of Fact and Recommendation." SUMMARY OF REQUEST: The developer is requesting an "after -the -fact" Interim Use Permit for approximately 18,050 cubic yards of fill that was placed on Lot 7, Block 1, The Hesse Farm 2nd Addition (1701 Bluff Creek Drive) between May and October, 2013; and requesting an Interim Use Permit for approximately 6,990 cubic yards of fill on Lots 6 and 7, Block 1, The Hesse Farm 2nd Addition (1601 & 1701 Bluff Creek Drive). LOCATION: Lot 7, Block 1, The Hesse Fane 2nd Addition (1701 Bluff Creek Drive) Lots 6 and 7, Block 1, The Hesse Farm 2nd Addition (1601 & 1701 Bluff Creek Drive APPLICANT: Eureka Construction Brad Moe 8500 210th St. W., Suite 130 1425 Bluff Creek Dr. Lakeville, MN 55044 Chaska, MN 55318 (952)469-5685 aWeurekaconst.com PRESENT ZONING: Rural Residential District, RR 2020 LAND USE PLAN: Residential Large Lot ACREAGE: 10 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying interim use permits, based on whether or not the proposal meets the standards outlined in the Zoning Ordinance and city code. If the City finds that all the applicable standards are met, the permit must be approved. This is a quasi- judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY Eureka Construction has submitted an application for after -the -fact grading on the property located at 1701 Bluff Creek Drive. Between May and October, 2013 the applicant placed approximately 18,050 cubic yards of fill on the site. The site was stabilized and the contractor began discussions with the City to remedy the situation and request permission to place SCANNED Planning Commission • • Moe Interim Use Permits — Planning Case 2014-16 May 20, 2014 Page 2 of 4 additional fill on the site and the property to the east (1601 Bluff Creek Drive). The plan includes exhibits showing the 2011 conditions, the existing conditions and the proposed conditions. APPLICABLE REGULATIONS Chapter 7, Article II, Excavating, Mining, Filling and Grading Chapter 20, Article IV, Division 5, Interim Use Permits Chapter 20, Article XI, "RR" Rural Residential District BACKGROUND With the construction of Highway 212 from 2005 to December 2007, Bluff Creek Drive, which previously ran in front of these properties, was realigned to the east. The right-of-way for Highway 212 comes to the property line. Hesse Farm 2nd Addition was platted in November 1978. ANALYSIS After -the -fact Interim Use Permit application for the placement of 18,050 cubic yards of fill at 1701 Bluff Creek Drive The 2011 conditions are based on Carver County's GIS contour information to provide an approximation of the conditions before the 18,050 cubic yards of fill was placed on 1701 Bluff Creek Drive. This exhibit'ded t th C' t . was provt a e ty s reques n order to estimate the runoff patterns that existed before the fill was placed and compare that to the current condition. Based on the 2011 Conditions, runoff from the site generally discharged to a drainage swale to the north within the Highway 212/Bluff Creek Drive right of way. The applicant's engineer completed a topographic survey on April 9, 2014 ("Existing Conditions") to determine the current grades within the area and to calculate the amount of fill that was placed between May and October, 2013. The current drainage patterns mimic the 2011 conditions; however, the time of concentration to the right of way has decreased due to the steeper slopes within the property. A copy of the application was sent to MnDOT for review and comment. The applicant must comply with the conditions stated in MnDOT's May 7, 2014 letter. Planning Commission • • Moe Interim Use Perm: — Planning Case 2014-16 May 20, 2014 Page 3 of 4 The site was seeded and mulched in the fall of 2013. Some areas did not revegetate; therefore, the applicant must submit an escrow to ensure that the work is completed. Additional escrow will also be required to ensure that the access area is stabilized. The total escrow required for the after -the -fact IUP is $2,000. Interim Use Permit application for the placement of 6,990 cubic yards of fill at 1601 aud1701 Bluff Creek Drive The grading plan for the proposed 6,990 cubic yards of fill indicates that the proposed drainage pattern will mimic the current condition. Based on the proposed grades the runoff time of concentration to the right of way will increase. A copy of the application was sent to MnDOT for review and comment. The applicant must comply with the conditions stated in MnDOT's May 7, 2014 letter. Perimeter control must be installed on all down -gradient perimeters of the site. The current extent and location of perimeter control shown on the plan does not sufficiently reflect this requirement. Ditch/swale bottoms must be stabilized 200 feet back from the property edge or from the point of discharge to surface waters (this includes stormwater inlets and catch basins). This is not reflected on the current plan. Inlet control (catch basin inserts) must be installed on all down -gradient inlets, including along the curb on Bluff Creek Drive. A NPDES Stormwater Permit for Construction Activity must be obtained from the Minnesota Pollution Control Agency. The applicant must submit, and the City must receive, a copy of the permit, as well as the Storm Water Pollution Prevention Plan (SWPPP). The SWPPP must include an itemized list of all anticipated erosion control measures including final stabilization of the site and the estimated cost of each. Before additional fill can be placed an escrow totaling 110% of these costs must be submitted. As stated in the MnDOT letter, the current access to the site is under MnDOT's access control. The applicant must work with MnDOT to shift the access to meet MnDOT's requirements. The applicant must provide the proposed haul route to the Engineering Department for review. RECOMMENDATION Staff recommends that the Planning Commission approve the Interim Use Permit subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: After -the -Fact Interim Use Permit for 1701 Bluff Creek Drive 1. The applicant must comply with the conditions stated in MnDOT's May 7, 2014 letter. 2. A $2,000 escrow must be submitted to ensure that the site is revegetated and the access area is stabilized. Planning Commission • • Moe Interim Use Permits — Planning Case 2014-16 May 20, 2014 Page 4 of 4 6.990 cubic yards of fill on 1601 and 1701 Bluff Creek Drive 1. The applicant must provide the proposed haul route to the Engineering Department for review. 2. The applicant must comply with the conditions stated in MnDOT's May 7, 2014 letter. Perimeter control must be installed on all down -gradient perimeters of the site. The current extent and location of perimeter control shown on the plan does not sufficiently reflect this requirement. 4. Ditch/swale bottoms must be stabilized 200 feet back from the property edge or from the point of discharge to surface waters (this includes stormwater inlets and catch basins). This is not reflected on the current plan. 5. Inlet control (catch basin inserts) must be installed on all down -gradient inlets, including along the curb on Bluff Creek Drive. 6. A NPDES Stormwater Permit for Construction Activity must be obtained from the Minnesota Pollution Control Agency. The applicant must submit, and the City must receive, a copy of the permit, as well as the Storm Water Pollution Prevention Plan. Before additional fill can be placed an escrow totaling 110% of the estimated erosion control costs must be submitted. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced Copy Grading Plan. 4. Letter from Molly McCartney (MnDOT) to Alyson Fauske dated May 7, 2014. 5. Public Hearing Notice and Mailing List. 9iplan\2014 planning mm\2014-16 1601 & 1701 bluff creek drive iup (moe)\staff report moe iup.doc Affidavit of Publication Southwest Newspapers SCANNED State of Minnesota) )SS. County of Carver ) CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized PLANNING CASE NO. 2014-16 agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- NOTICE IS HEREBY GIVEN lager and has full knowledge of the facts herein stated as follows: that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 20, (A) These newspapers have complied with the requirements constituting qualification as a legal 2014, at 7:00 p.m. in the Council newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as Chambers in Chanhassen City amended. Hall, 7700 Market Blvd. The 9 y 6 purpose of this hearing is to (B) The printed public notice that is attached to this Affidavit and identified as No. N consider a request for an "after- was published on the date or dates and in the newspaper stated in the attached Notice and said the -fact" Interim Use Permit for Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of approximately 18,050 cubic yards the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both of fill that was placed on Lot 7, inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Block 1, The Hesse Farm 2nd and publication of the Notice: Addition (1701 Bluff Creek Drive) between May and October, 2013; abcdefghijklmnopq and a request for an Interim Use - Permit for approximately 6,990 cubic yards of fill on Lots 6 and 7, Block 1, The Hesse Farm 2nd y: Addition (1601.&1701 Bluff Creek Laurie A. Hartmann Drive). The properties are zoned Rural Residential. Applicant: Eureka Construction. Owner: Brad Moe. Subscribed and sworn before me on A plan showing the location of the proposal is available for public review on the City's web site ��y �s of � 2014 1 -16 or at Cit Hallsen. mn.us/2014-16 or at City Hall —iJ— during regular business hours. AR interested persons are invited to attend this public hearing and express their opinions with JYMME JEANNE 7E BARK respect to this proposal. NTARf PL@:1C - IA:NNESOIA Alyson Fauske, Assistant City Engineer N blic WY WmWa sicti D RHES olfw t8 Email: afauske@ ci.chanhassen.mn.us Phone: 952-227-1164 (Published in the Chanhassen Villager on Thursday May 8, 2014�No 4946) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space .... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $12.59 per column inch SCANNED 0 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2014-16 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 20, 2014, 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 "after - the -fact" Interim Use Permit for approximately 18,050 cubic yards of fill that was placed on Lot 7, Block 1, The Hesse Farm 2nd Addition (1701 Bluff Creek Drive) between May and October, 2013; and a request for an Interim Use Permit for approximately 6,990 cubic yards of fill on Lots 6 and 7, Block 1, The Hesse Farm 2nd Addition (1601 & 1701 Bluff Creek Drive). The properties are zoned Rural Residential. Applicant: Eureka Construction. Owner: Brad Moe. 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/2014-16 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. Alyson Fauske, Assistant City Engineer Email: afituskeAci.chanhassen.mn.us Phone: 952-227-1164 (Publish in the Chanhassen Villager on May 8, 2014) SCANNED Minnesota Department of Transportation Metropolitan District Waters Edge Building 1500 County Road B2 West Roseville. MN 55113 May 7, 2014 Alyson Fauske, Assistant City Engineer City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 SUBJECT: Hess Farm, MnDOT Review #S14-015 South of US 212, West of Bluff Creek Dr. Chanhassen, Carver County Control Section 1017 Dear Ms. Fauske: MnDOT has reviewed the plans for the subject property and has the following comments: Right of Way: MnDOT has access control over the location where the current field access is on the subject site. The adjacent land owner was paid by MnDOT to have the right of access control. This access road to this property must be realigned so the north end does not cross MNDOT's access control. MnDOT is in the process of turning back Bluff Creek Road to the City of Chanhassen; show this road as well as MnDOT right of way on resubmitted plans. It appears that MnDOT right of way has been altered with fill adjacent to this site. Resubmitted survey or site plans should be sent to MnDOT for review and the property owners should identify the area where new fill has been added and to what depth. For questions concerning these comments, contact Doug Nelson, Metro Right of Way, at 651- 234-7583 or Douslas.nelsonA)state.mn.us. Water Resources: A drainage permit may be required. The development needs to maintain existing drainage rates (i.e., the rate at which storm water is discharged from the site must not increase). Identify on plans where stockpiling of fill will be placed. Appropriate erosion and sediment control must be used to protect adjacent MnDOT property, especially the low spot at the north end or lot 1701. There may be a wetland inside the triangular shaped MnDOT area separated by only a foot or two berm between 1701 low spot. The City or project developer will need to submit existing / proposed hydraulic computations for both 10 and 100 year rainfall events verifying that all existing drainage patterns and systems affecting MnDOT right of way will be perpetuated. Drainage permit application can be found at: htto://www.dot.state.mn.us/utility/files/pdf/nermits/drainage-form-completc.ydf. Please direct SCANNED questions concerning these issues to Martin Koss, Metro Water Resources, at 651-234-7537 or martin.korsAstate.mn.us. Permit Required: In addition to a drainage permit, any use of or work within or affecting MnDOT right of way requires a permit. Permit forms are available here: hW://www.dot.state.nm.us/utiliri/. Include one 11x17 plan set and one full size plan set with each permit application. Please direct questions regarding permit requirements to Buck Craig, Metro Permits, at 651-234-7911 or buck.craig(a,state.mn.us. Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent electronically can usually be turned around faster. Submit one of the following: 1. One pdf version of the plans. MnDOT accepts plans at metrodevreviews.dotna,state.mn.us, provided that each e-mail is less than 20 megabytes. 2. Three sets of full size plans. Submitting seven sets of full size plans will expedite the review process. Send plans to: MnDOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B-2 Roseville, MN 55113 3. One compact disk. 4. Plans can also be submitted to MnDOT's external FTP site. Send files to: ftv://ftD2.dot.state.mn.us/nub/incoming/MetroWatersEdge/Planning. Internet Explorer may not work using ftp, using an FTP Client or your Windows Explorer (My Computer). Send a note to metrodevreviews.dotAstate.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review contact me at 651-234-7789. Sincerely, Molly McCartney Senior Transportation Planner Copy sent via E -Mail Douglas Nelson, Right -of -Way Diane Langenbach, Molly Kline, Area Engineers Buck Craig, Permits David Sheen, Traffic Martin Kors, Water Resources Russell Owen, Metropolitan Council Nancy Jacobson, Design Date: April 23, 2014 • City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: May 8, 2014 By: Alyson Fauske, Assistant City Engineer Subject: Request for "after -the -fact" Interim Use Permit for approximately 18,050 cubic yards of fill that was placed on Lot 7, Block 1, The Hesse Farm 2nd Addition (1701 Bluff Creek Drive) between May and October, 2013; and request for Interim Use Permit for approximately 6,990 cubic yards of fill on Lots 6 and 7, Block 1, The Hesse Farm 2nd Addition (1601 & 1701 Bluff Creek Drive). The properties are zoned Rural Residential. Applicant: Eureka Construction. Owner: Brad Moe. Planning Case: 2014-16 PID: 25-3320060 and 25-3320070 The above-described application for approval of a land development proposal was filed with the Chanhassen Planning Department on April 18, 2014. The 60 -day review period ends June 17, 2014. 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 May 20, 2014 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than May 8, 2014. 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 f. 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 Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. City of Chaska City Engineer (Bill Monk) SCANNED 0 Property Card Taxpayer Information Taxpayer Name HAROLD F HESSE Mailing Address 1425 BLUFF CREEK DR CHASKA, MN 55318-9515 Property Address Address 1601 BLUFF CREEK DR City CHASKA, MN 55318 0 Parcel ID Number 253320060 Parcel Information Uses Agricultural GIS Acres 5.39 Res V Land Tax Acres 5,40 Rural Vacant Land Plat THE HESSE FARM 2ND ADDITION Lot 006 Block 001 Tax Description Building Information Building Style Finished Sq Ft Bedrooms Year Built Other Garage N Bathrooms Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 WS 067 CARVER CO WMO N N N Assessor Information Estimated Market Value 2013 Values 2014 Values Last Sale (Payable 2014) (Payable 2015) Land $36,400.00 $39,300.00 Date of Sale 03/01/2001 Building $0.00 $0.00 Sale Value $45,000.00 Total $36,400.00 $39,300.00 Qualified/ U Unqualified -)Isdairner This information is to be used for reference purposes only Carver County tices not guarantee accuracy of the material ontained herein and is not responsible for misuse or misinterpretation The preceding disclaimer is provided pursuant to Minnesota >Iatutes 466 03. Subd 21 (2000), and the user of this service acknowledges that the County shall not be liable for any damages, and C xpressly waives all claims, and agrees to defend, indemnify, and hold harmless the County from any and all claims brought by User. CARVER its employees or agents, or third parties which apse out of the users access or use of data provided COUNTY Monday, April 21, 2014 Carver County, MN Papa 1 of 1 SCANND Property Card Taxpayer Information Taxpayer Name BRADLEY S & HEIDI R MOE Mailing Address 1425 BLUFF CREEK DR CHASKA, MN 55318-9515 Property Address Address 1701 BLUFF CREEK DR city CHASKA, MN 55318 E Parcel ID Number 253320070 t Building Style Year Built Building Information Finished Sq Ft Other Garage N Miscellaneous Information School District Watershed District Homestead 0112 WS 067 CARVER CO WMO N Assessor Information Bedrooms Bathrooms Green Acres Ag Preserve N N Estimated Market Value 2013 Values 2014 Values Last Sale (Payable 2014) (Payable 2015) Land $35,700.00 $38,400.00 Date of Sale 06/02/2005 Building $0.00 $0.00 Sale Value $45,000.00 Total $35,700.00 $38,400.00 Qualified/ U Unqualified AM Jadaimer' This information is to be used for reference purposes Doty. Carver County does not guarantee accuracy of the material contained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota stables 466.03. Subd. 21 (2000), and the user of this service acknowledges that the County shall not be liable for any damages. and expressly waives all claims.. and agrees to defend, indemnify, and hold harmless the County from any and all claims brought by User, CARVER its employees or agents, or third parties which arse out of the user's access or use of data provided. COUNTY Monday, April 21, 2014 Carver County, MN Page 1 of 1 SCANNEE Parcel Information Parcel Uses Agricultural GIS Acres 4.69 Res V Land Tax Acres 5.15 Rural Vacant Land Plat THE HESSE FARM 2ND ADDITION Lot 007 Block 001 Tax Description EXC: P 59A MNDOT R -O -W PLAT 10-21 Building Style Year Built Building Information Finished Sq Ft Other Garage N Miscellaneous Information School District Watershed District Homestead 0112 WS 067 CARVER CO WMO N Assessor Information Bedrooms Bathrooms Green Acres Ag Preserve N N Estimated Market Value 2013 Values 2014 Values Last Sale (Payable 2014) (Payable 2015) Land $35,700.00 $38,400.00 Date of Sale 06/02/2005 Building $0.00 $0.00 Sale Value $45,000.00 Total $35,700.00 $38,400.00 Qualified/ U Unqualified AM Jadaimer' This information is to be used for reference purposes Doty. Carver County does not guarantee accuracy of the material contained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota stables 466.03. Subd. 21 (2000), and the user of this service acknowledges that the County shall not be liable for any damages. and expressly waives all claims.. and agrees to defend, indemnify, and hold harmless the County from any and all claims brought by User, CARVER its employees or agents, or third parties which arse out of the user's access or use of data provided. COUNTY Monday, April 21, 2014 Carver County, MN Page 1 of 1 SCANNEE APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. 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 will keep myself informed of the deadlines for submission of material and the progress of this application. 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. I certify that the information and exhibits submitted are true and correct. Name: Address: City/State/Zip: Email: Signature: Contact: Phone: Cell: Fax: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and WE- exhibits submitted are true and correct. Name: �WE Contact: 952-93-,)—q713 Address: OFT- C I (�( U C_ Phone: City/State/Zip:L// rk"� / Cell: Email: JbiA&( Yl /P'0 21,7x) .L r ✓In Fax: Signature: Date: 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, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? 'Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy Cdy/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: F CIT`i! OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 04/23/2014 3:52 PM Receipt No. 00249556 CLERK: AshleyM PAYEE: Eureka Construction Inc 8500 210th Street W Suite 130 Lakeville MN 55044- 1601 & 1701 Bluff Creek Drive IUP Planning Case 2014-16 ------------------------------------------------------- Sign ------------------------------- Sign Rent 200.00 Filing Fees 50.00 GIS List 21.00 Unterim Use Permit 425.00 Total Cash Check 80637 Change 696.00 0.00 696.00 0.00 SCANNED 1601 & 1701 BLUFF CREEK DRIVE IUP - PLANNING CASE 201416 $425.00 Interim Use Permit $200.00 Notification Sign $21.00 Propoerty Owners List $50.00 Escrow for filing fees $696.00 TOTAL $696.00 Less Check 80637 from Eureka Construction, Inc. 0 3CANNEC City of Chan *sen E&A CONSTRUCTION, INC. 80637 LAKEVILLE, MN 55044 DATE INVOICE NO. DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE 4-22-14 PERMIT APP INTERIM USE PERMIT 696.00 .00 696.00 SCANNED CHECK 4-22-19 CHECK 80617 696.00 696.00 DATE NUMBER TOTALS .00 PLEASE DETACH THIS PORTION AND RETAIN FOR YOUR RECORDS.