CC Staff Report 9-8-08
CITY OF
CHANHASSEN
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: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227,1400
Fax: 952,227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227,1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227,1310
Senior Center
Phone: 952,227,1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
4d
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Alyson Fauske, Assistant City Engineer
DATE:
September 8, 2008
~
SUBJ:
Public Works Facility Interim Use Permit
Planning Case #08-18
PROPOSED MOTION
"The Chanhassen City Council approves an Interim Use Permit to permit up to
15,000 cubic yards of fill, plans prepared by City of Chanhassen Engineering
Department, dated August 14,2008, subject to conditions 1 - 18 and adoption
of the attached Findings of Fact."
City Council approval requires a simple majority vote of City Council.
EXECUTIVE SUMMARY
The City is requesting an Interim Use Permit (IUP) to export/import approximately
15,000 cubic yards of fill for grading on the property. Prior to any future
development of the site, a separate site plan review and, potentially, wetland
alteration permit will be required.
PLANNING COMMISSION SUMMARY
The Planning Commission held a Public Hearing on September 2, 2008 to review
the IUP. The Planning Commission voted six for and none against a motion
recommending approval of the IUP.
The Planning Commission had no issues or concerns with the proposed project. The
Planning Commission minutes for September 2, 2008 are attached to this report.
RECOMMENDATION
Staff and the Planning Commission recommend adoption of the motion as
specified on pages 7 and 8 in the staff report dated September 9, 2008 approving
the Interim Use Permit to permit up to 15,000 cubic yards of fill.
ATTACHMENTS
1. Planning Commission Minutes for September 2, 2008
2. Planning Commission Staff Report Dated September 2, 2008.
g:\plan\2008 planning cases\08-18 public works facility iup\executive summary.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
CC DATE: September 8, 2008
[lJ
PC DATE: September 2, 2008
CITY OF CHANHASSEN
REVIEW DEADLINE: September 30, 2008
CASE #: 08-18
BY: AF, RG, TJ, JM, JS
PROPOSED MOTION:
The Chanhassen PlanniFlg Commission recommends that City Council approves an Interim Use
Permit to permit up to 15,000 cubic yards of fill, plans prepared by City of Chanhassen
Engineering Department, dated August 14,2008, subject to conditions 1 - 18 and adoption of the
attached findings of fact.
SUMMARY OF REQUEST: The developer is requesting an Interim Use Permit to
export/import approximately 15,000 cubic yards offill for grading on property- Chanhassen Public
Works Facility.
LOCATION: 7901 and 7951 Park Place (Lots 5 & 6, Block 1, Chanhassen Lakes Business
Park 5th Addition)
APPLICANT: City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
PRESENT ZONING: Industrial Office Park (lOP)
2020 LAND USE PLAN: Office/Industrial
ACREAGE: 11.66 acres DENSITY: N/A
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has limited discretion in approving or denying interim use permits, based on whether or
not the proposal meets the use standards outlined in the City Code regarding Excavating, Mining,
Filling and Grading and the Zoning Ordinance. If the City finds that all the applicable use
standards are met, the permit must be approved. This is a quasi judicial decision
PROPOSAL/SUMMARY
The developer is requesting an Interim Use Permit to export/import approximately 15,000 cubic
yards of fill for grading on the property in order to correct the soil and to preliminary grade the site
in preparation for the development of the property.
Chanhassen Public Works Facility IUP
Planning Case 08-18
September 2, 2008
Page 2
All this area is zoned lOP. The property to the north of the site contains Paisley Park. The property
immediately to the east is a City owned outlot containing woodlands and Riley Creek. The property
to the south is vacant and contains portions of a large wetland complex which crosses over onto this
site. The property to the west across Audubon Road contains General Mills, a vacant industrial
property, and a day care facility.
Water and sewer service is available to the site in Park Place. Access to the site will be provided via
Park Place.
The high point of the property is on the west side with an elevation of974. The low point is in the
south central portion of the property in the wetland with an elevation of approximately 920. While
there is over a 50-foot elevation change on the property, there are no bluffs on the property since the
slope does not exceed 25 percent (a bluff must have both an elevation change of25 feet or more and
a slope of 30 percent or greater). The western half of the property is heavily wooded. A wetland
exists in the south central portion of the property and extends onto the property to the south. A
wooded corridor along Riley Creek is located to the east of the properties.
Staffis recommending approval of the Interim Use Permit to permit approximately 15,000 cubic
yards offill on the site. As part of the process, the City will create a zoning lot ofthe two lots,
creating, in effect, one building site. Additionally, the City must vacate some drainage and utility
easements.
Chanhassen Public Works Facility IUP
Planning Case 08-18
September 2, 2008
Page 3
APPLICABLE REGUATIONS
Chapter 7, Article III, Excavating, Mining, Filling and Grading
Chapter 20, Article IV, Division 2, Conditional Use Permits
Chapter 20, Article IV, Division 5, Interim Use Permits
Chapter 20, Article VI, Wetland Protection
Chapter 20, Article XXII, lOP Industrial Office Park District
BACKGROUND
On March 17, 1986, the Chanhassen City Council approved the plans and specifications for
Chanhassen Lakes Business Park 5th Addition, which constructed Park Place.
On August 19, 1985, the Chanhassen
City Council approved the Chanhassen
Lakes Business Park 5th Addition
(Subdivision #85-9) creating seven lots
in two blocks, one outlot and right-of-
way for Park Place. Such subdivision re-
platted Lots 2 through 10, Block 1,
Chanhassen Lakes Business Park.
On July 2, 1979, the Chanhassen City
Council approved the development
contract for Chanhassen Lakes Business
Park.
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On June 4, 1979, the Chanhassen City Council approved to the final plat for Chanhassen Lakes
Business Park.
On April 17, 1978, the Chanhassen City Council
approved the rezoning of the property from R-IA,
Agricultural Residence District, to P-4, Planned
Industrial District and preliminary plat approval of the
proposed plat (PUD #75-1). Additionally, the City
approved Resolution 78-18 authorizing the proposed
North Lake Susan Sanitary Sewer, Water, Street and
Storm Sewer Improvement Project #78-3 and
Resolution 78-19 establishing the centerline for the
right-of-way for the extension of Powers Boulevard
from Highway 5 to Lyman Boulevard.
In 1976 the City approved a Comprehensive Plan Amendment changing 150 acres from Low
Density Residential to Industrial.
Chanhassen Public Works Facility IUP
Planning Case 08-18
September 2, 2008
Page 4
DISCUSSION
The City is proposing preliminary site grading and soil corrections to permit the development of
the property for a public works garage.
GRADING. DRAINAGE AND EROSION CONTROL
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The applicant is requesting an interim use permit to remove approximately 15,000 cubic yards of
topsoil from the site and place approximately 15,000 cubic yards of engineered soil to
accommodate the future construction of a public works facility. The 11.86-acre site lies south of
Highway 5, east of Audubon Road and north of Park Road. Access to the site is from Park
Place, a public City street.
The site currently has a dirt driveway that provides access to piles of reclaimed asphalt, clay,
street sweepings and granite chips. The clay, street sweepings and one pile of granite chips will
be mixed and spread across the site; the remaining stockpiles will be removed from the site.
There are no structures on the site.
The majority ofthe site drains overland to the wetland located on Lot 5; the remainder drains
overland to Riley Creek and the pond located in the City owned outlot to the east of Lot 6. The
grading plan will be adjusted so that the drainage areas will not be altered; therefore, drainage
calculations are not required.
Chanhassen Public Works Facility IUP
Planning Case 08-18
September 2, 2008
Page 5
The proposed major cut locations are as follows:
. The stockpile in the middle of the site, 12- foot cut
. The stockpile at the entrance, 10-foot cut
. The hill on the northeast comer of the site, 10- foot cut
The remainder of the site will be filled up to four feet.
The existing sanitary sewer, watermain and storm sewer and drainage and utility easements must
be shown on the plan. A lO-inch lateral watermain loops from the 12-inch trunk watermain
within Audubon, along the north side of Lot 6, along the east side of Lots 5 and 6, and along the
south side of Lot 5. The grading limits in the northeast comer of Lot 6 must be shifted in order
to maintain minimum 7.5 feet of cover over the watermain.
A 21-inch trunk sanitary sewer owned and operated by the Metropolitan Council lies on the east
side of Lot 6. The Metropolitan Council has authorized removal of topsoil over the utility. The
applicant will provide additional information to the Metropolitan Council in order to determine
the maximum extent of grading allowed over the utility. The applicant will be required to abide
by the Metropolitan Council's conditions of approval, if any.
The hauling operation is anticipated to begin as soon as permit approval is obtained. Permitted
hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00
p.m. on Saturday with no work permitted on Sunday or legal holidays.
The interim use permit will expire one year from the date of City Council approval. The permit
may be renewed on an annual basis subject to City Council approval. Request for an extension
must be submitted 45 days prior to the expiration date.
All permits must be acquired prior to grading including, but not limited to, a watershed district
permit, and a Minnesota Pollution Control NPDES stormwater permit. A stormwater pollution
prevention plan must be submitted to the City for review by Carver Soil and Water Conservation
District.
The grading plan must be signed by an engineer licensed in the State of Minnesota.
EROSION AND SEDIMENT CONTROL AND RUNOFF
The total land disturbance associated with the proposed project exceeds the minimum threshold
for "small construction activity". Therefore, a NPDES Phase II permit to discharge stormwater
associated with construction activities is required.
This permit must include the General Contractor responsible for day-to-day operations of the site
and the owner. This should be noted on the SWPPP included with the plan submittal.
Chanhassen Public Works Facility IUP
Planning Case 08-18
September 2, 2008
Page 6
WETLANDS
A review of available data including the Chanhassen SWMP, NWI, and aerial photography
indicates the presence of one large wetland complex on the site west of Park Place and a second
wetland east of Park Place. It is possible that the wetland west of Park Place is not jurisdictional.
In addition, Riley Creek flows along the eastern boundary of the subject property and has fringe
floodplain wetlands. This wetland is classified as Manage 1 within the Chanhassen Surface
Water Management Plan.
A wetland delineation has been performed on that basin west of Park Place. This wetland is
classified as Manage 2 within the City of Chanhassen Surface Water Management Plan. The
flags will need to be located with GPS, a report prepared and the delineation reviewed by the
LGU. As Chanhassen is the LGU it is recommended that Carver County Soil and Water
Conservation District review the delineation for accuracy.
No earth work can occur within the wetland areas as part of this interim use permit. Every effort
must be taken to protect impacts to this wetland either through deposition of sediment due to
runoff from the site or direct impacts due to earth disturbing activities within the wetland.
In order for any work to occur within these wetland areas during future considerations, it must be
shown that all practicable means of avoidance have been evaluated and the rationale for not
avoiding wetland impacts must be given. Further, the impacts must be minimized to the greatest
extent practicable and, where possible to do so, any impacts should be restored over time.
Permissions will need to be applied for under the Wetland Conservation Act and the Clean Water
Act. The Minnesota Department of Natural Resources will also need to review any work
adjacent to Riley Creek.
LAKES AND RIVERS
The proposed project is bordered by Riley Creek. Riley Creek is identified in Article VII as part
ofthe Shoreland classification System. The following setbacks will be required:
. Current code requires a 75-foot setback from the top of bank for Riley Creek. The
Department of Natural Resources recently changed their rules to 100 feet. Any structures
should meet this new requirement.
. The right-of-way for any roads needs to be set back 20 feet from the top of bank.
Riley Creek is an impaired water south of Lake Riley. Riley Creek discharges to Lake Riley
from the site. Additional best management practices should be incorporated into the erosion
control plan per Appendix A ofthe NPDES Permit.
There are no lakes within 100 feet of the subject property.
Chanhassen Public Works Facility IUP
Planning Case 08-18
September 2, 2008
Page 7
OTHER AGENCIES
The applicant shall apply for and obtain permits from the appropriate regulatory agencies and
comply with their conditions of approval.
MISCELLANEOUS
A demolition permit is required for the removal of any structure(s). If future construction in this
area is anticipated, these soils must be engineered for the intended structural loads and their
placement must be properly compacted and tested as required by such soil engineering. A
report, verifying placement, compaction and soil suitability, from the testing agency will be
required before building permits will be issued.
RECOMMENDA TION
Staff and the Planning Commission recommends that the PlanniFlg Commission City Council
adopt the following motion and adoption of the attached findings of fact and recommendation:
"The Chanhassen Planning Commission recommends that City Council approves an Interim Use
Permit to permit up to 15,000 cubic yards of fill, plans prepared by City of Chanhassen
Engineering Department, dated August 14,2008, subject to the following conditions:
1. A demolition permit is required for the removal of any structure(s).
2. If future construction in this area is anticipated, these soils must be engineered for the
intended structural loads and their placement must be properly compacted and tested as
required by such soil engineering. A report, verifying placement, compaction and soil
suitability, from the testing agency will be required before building permits will be issued.
3. Install tree protection fencing at grading limits on north, where applicable, and west sides
prior to grading.
4. Clearing limits shall be inspected by the Environmental Resources Specialist prior to any tree
removal.
5. Wetland boundary, as field identified, needs to be shown on the drawing.
6. Grading limits need to be modified to avoid impacts to the revised wetland boundary.
7. Category 2 erosion control blanket needs to be shown on the slope in the northeast comer of
the property.
8. All exposed soil areas must be stabilized within seven (7) days after the construction activity
in that portion has temporarily or permanently ceased.
Chanhassen Public Works Facility IUP
Planning Case 08-18
September 2, 2008
Page 8
9. All disturbed areas shall be seeded with MnlDOT Mixture 150 at 40 lbs/acre and mulched
with Type 2 mulch disc-anchored at 2 tons/acre upon completion of grading for the interim
use permit.
10. The grading plan should be adjusted so that the drainage areas will not be altered, otherwise
drainage calculations are required.
11. The existing sanitary sewer, watermain and storm sewer and drainage and utility easements
must be shown on the plan.
12. The grading limits in the northeast comer of Lot 6 must be shifted in order to maintain
minimum 7.5 feet of cover over the watermain.
13. Provide additional information to the Metropolitan Council in order to determine the
maximum extent of grading allowed over the sanitary sewer.
14. Abide by the Metropolitan Council's conditions of approval, if any.
15. Permitted hours of operation are 7:00 a.m. to 6:00 p.m.~ Monday through Friday, and 9:00
a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays.
16. The interim use permit will expire one year from the date of City Council approval. The
permit may be renewed on an annual basis subject to City Council approval. Request for an
extension must be submitted 45 days prior to the expiration date.
17. All permits must be acquired prior to grading, including but not limited to a watershed
district permit, and a Minnesota Pollution Control NPDES stormwater permit. A stormwater
pollution prevention plan must be submitted to the City for review by Carver Soil and Water
Conservation District.
18. The grading plan must be signed by an engineer licensed in the State of Minnesota
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Reduced Copy of Grading Plan
4. Public Hearing Notice and Mailing List
g:\plan\2008 planning cases\08- 18 public works facility iup\staff report public works iup.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of City of Chanhassen Engineering Department for an Interim Use Permit to import
approximately 15,000 cubic yards offill to the site.
On September 2, 2008, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of the City of Chanhassen Engineering Department
for an interim use permit for the property located at 7901 and 7951 Park Place. 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 Industrial Office Park District, lOP.
2. The property is guided by the Land Use Plan for Office/Industrial Use.
3. The legal description of the property is: Lots 5 and 6, Block 1, Chanhassen Lakes
Business Park 5th Addition, Carver County, Minnesota;
4. Interim Use Permit Findings:
a. The proposed grading will not be detrimental to the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
b. The proposed grading will be consistent with the objectives of the City's
comprehensive plan, the standards for grading and excavation and the zoning
code.
c. The proposed grading will be designed, constructed, operated and maintained so
to be compatible in appearance with the existing or intended character of the
general vicinity and will not change the essential character of that area.
d. The proposed grading will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed grading 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
1
such facilities and services provided by the persons or agencies responsible for the
establishment of the proposed use.
f. The proposed grading will not create excessive requirements for public facilities
and services and will not be detrimental to the economic welfare of the
community.
g. The proposed grading will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare because of excessive production of traffic, noise,
smoke, fumes, glare, odors, rodents, or trash subject to compliance with the
conditions of approval.
h. The proposed grading will have vehicular approaches to the property which do not
create traffic congestion or interfere with traffic or surrounding public
thoroughfares.
1. The proposed grading will not result in the destruction, loss or damage of solar
access, natural, scenic or historic features of major significance.
J. The proposed grading will be aesthetically compatible with the area.
k. The proposed grading will not depreciate surrounding property values.
1. The proposed grading will meet standards prescribed for certain uses as provided
in the City Code.
5. The planning report #08-18 dated September 2,2008, prepared by Alyson Fauske, et aI, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the interim use
permit to permit the importation of up to 15,000 cubic yards offill.
ADOPTED by the Chanhassen Planning Commission this 2nd day of September, 2008.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
g:\plan\2008 planning cases\08-18 public works facility iup\findings offact.doc
2
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
. Chanhassen, MN 55317 - (952) 227-1100
Planning Case No. 08.~ J 8
DEVELOPMENT REVIEW APPLICATION
PLEASE PRINT
Applicant Name and Address:
~~+d~o-(g~~~d
C.~/i "Nt s.['~ n M N 5S?:,f7
Contact: :Toe.. S~\.lV\ \C(. ~ P-c~<-+ Er-g'f\eer
P~one:q5J.-dd-I-II(.,':::; Fax: q -da--/- Il/O
Email: jc::;ht..-lY\.lt\.@(i.CMI...\ha.s::eO.Ml.\.U.~
Owner Name and Address:
~ W\-€...,
Contact:
Phone:
Email:
Fax:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAG)
Variance (V AR)
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
. Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign - $200
(City to install and remove)
Site Plan Review (SPR)*
X Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPRlVACNARlWAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ Wt\\\Jl::-D
Subdivision*
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a diaital COpy in TIFF-Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
SCANNED
rCLC( \~ty IUP
gloe(l
LEGAL DESCRIPTION AND PID: LeA.s S '+' ~ ~ C.J'\anhCLS'Sf:!/n L~ks 'l$LtSi nP~';
\=t,{ t... C)+h Al\,cL-\.\(Jl\ a..S -,q~0050 "4-- ~5 - \~300<OO
PROJECT NAME: -\)l A.hhc \fJOftcS
LOCATION: ---=-~ ( ~_:PlClc.e
TOTAL ACREAGE:
REQUESTED ZONING:
'I.. YES
-=..1-6?
'ld'P
NO
WETLANDS PRESENT:
PRESENT ZONING:
PRESENT LAND USE DESIGNATION: O('-r~'(e 1~~Y\c\US4-((Cl\
REQUESTED LAND USE DESIGNATION: O{...l~(~. I IV''LiuS i,y fc.\.. I
REASON FOR REQUEST: 'Ke.L{UeS+ IU? -1-D \"""?(;(+ /eKfXJr+ Ctp.p.O'X.
ItS',.OOO Ci (J-F -l-~\ \ \ +~< 5 r~.L~f~ _
FOR SiTE PLAN REViEW: include number of existing employees:
and new employees:
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
G:\PLAN\Forms\Deveropment Review Application.DOC
Rev. 1/08
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ANHASSEN
CITY OFw5~KS FACILITY
PUBLIC
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CITY OF
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CITY OF CHANHASSEN
AFFIDA VIT 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
August 21, 2008, 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 Chanhassen Public Works Facility Interim Use Permit - Planning Case 08-18
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 R'tj~+ ,2008.
Yurt 1.::fD.a.......... X ~
G--'I 1 v Not~
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KIM T. MEUWISSEN )
Notary Public-Minnesota
My Commission Expires Jan 31, 2010
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CORE MPLS INDUST PORTF T ETAL
C/O CORE REALTY HLDGS MGMT INC
1600 DAVE ST #450
NEWPORT BEACH, CA 92660 -2447
CAMPBELL PROPERTIES LP II
C/O KNOWLEDGE LEARNING CORP
ATTN TAX DEPT
PO BOX 6760
PORTLAND, OR 97228 -6760
ROBERT D & CARMEN J CHRISTIANS
6851 CARDINAL COVE DR
MOUND, MN 55364 -9535
LOVE 4 ONE ANOTHER CHARITIES
7801 AUDUBON RD
CHANHASSEN , MN 55317 -8205
DAVID SWARTOUT
10028 INDIGO DR
EDEN PRAIRIE, MN 55347 c1206
PRINCE R NELSON
7801 AUDUBON RD
CHANHASSEN , MN 55317 -8201
K & L PARTNERS
7870 PARK DR
CHANHASSEN , MN 55317 -9500
ALFRED A IVERSEN
PMT CORPORATION
1500 PARK RD
CHANHASSEN , MN 55317 -8200
PRN MUSIC CORPORATION
7801 AUDUBON RD
CHANHASSEN, MN 55317 -8201
PEERLESS INDUSTRIES INC
1969 WEST COUNTY ROAD C2
ROSEVILLE, MN 55113 -1246
TWO S PROPERTIES INC
DEPT PT MN 08305
PO BOX 25025
GLENDALE, CA 91201 -5025
MUSTANG LLC
7860 PARK DR
CHANHASSEN , MN 55317 -9294
MCGLYNN BAKERIES INC #366
C/O GENERAL MILLS TAX DEPT
PO BOX 1113
MINNEAPOLIS, MN 55440 -1113
PUBLIC HEARING:
CHANHASSEN PUBLIC WORKS FACILITY: REQUEST FOR AN INTERIM USE
PERMIT TO EXPORTIIMPORT APPROXIMATELY 15.000 CUBIC YARDS OF FILL
FOR GRADING ON PROPERTY ZONED INDUSTRIAL OFFICE PARK (lOP)
LOCA TED ON LOTS 5 & 6. BLOCK 1. CHANHASSEN LAKES BUSINESS PARK 5TH
ADDITION-CHANHASSEN PUBLIC WORKS FACILITY. APPLICANT: CITY OF
CHANHASSEN. PLANNING CASE 08-18.
Alyson Fauske presented the staff report on this item.
Papke: Kevin, start with you.
Dillon: I don't have any questions right now.
Thomas: Yeah, I don't think I do either.
Laufenburger: This is city owned property, is that correct?
Fauske: That's correct.
Laufenburger: And the piles that have been placed there. Are these piles that are just storage for
public utility or for public works?
Fauske: Yes. Public works. Street sweeping. Some clay and my understanding is another pile
of some granite. So just miscellaneous stockpiles that our current site could not accommodate.
Laufenburger: So the intent is to remove all the, mix of some of the debris. Mix it in the soil.
And then get rid of the other piles, like the granite. There's also a pile of wood chips there too.
Fauske: Yes.
Laufenburger: All those things, is that right?
Fauske: Yes, it's become a little bit of a storage area so there are some materials that would stay
on site. We know that there are some poorer soils out there that, organic material that would not
support a structure, so those would be moved off the site.
Laufenburger: Okay. And then the last question I had is, how, you want to take it, or the City
would like to take advantage of this yet in this season. How long would this work take? Would
they complete this before the first snowfall?
Fauske: That's our anticipation. But the Interim Use Permit is valid for one year but the
expectation is to get the work done this year.
Laufenburger: Thank you.
Planning Commission Meeting - September 2, 2008
Keefe: The wetlands, what do they do to protect the wetlands again?
Fauske: At this point they would be putting up a silt fence. Erosion control measures to stay
away from the wetlands. And then in the future with any site plan application, if there would be
a wetland alteration permit, which we anticipate there would likely be due to the layout of the
site and the location of the wetland, but at this point there would not be any impacts to the
wetland.
Keefe: Okay.
Undestad: No questions.
Papke: I have no questions myself. And since the city is the applicant, I guess we don't need to
call up an applicant so with that.
Generous: Different staff member though.
Fauske: I asked him if he wanted to come tonight and.
Papke: And seeing no members of the public present for this item, I will call the public hearing
closed and bring it back to the Planning Commission for discussion. Pretty straight forward to
me. Take out 15,000. Put in 15,000. Mix it up a little bit. Clean up. Good to go.
Laufenburger: Put a bow on it.
Thomas: Sounds good.
Generous: No, that's the next application. The bow.
Papke: Alright. Would someone like to make a motion.
Laufenburger: I'll try. Mr. Chairman, the Chanhassen Planning Commission recommends that
City Council approve an Interim Use Permit to permit up to 15,000 cubic yards of fill, plans
prepared by City of Chanhassen Engineering Department dated August 14,2008, subject to the
following conditions 1 through 18.
Papke: Is there a second?
Thomas: Second.
Laufenburger moved, Thomas seconded that the Chanhassen Planning Commission
recommends that City Council approve an Interim Use Permit to permit up to 15,000 cubic
yards of fill, plans prepared by City of Chanhassen Engineering Department dated August
14, 2008, subject to the following conditions:
1. A demolition permit is required for the removal of any structure{s).
2
Planning Commission Meeting - September 2, 2008
2. If future construction in this area is anticipated, these soils must be engineered for the
intended structural loads and their placement must be properly compacted and tested as
required by such soil engineering. A report, verifying placement, compaction and soil
suitability, from the testing agency will be required before building permits will be issued.
3. Install tree protection fencing at grading limits on north, where applicable, and west sides
prior to grading.
4. Clearing limits shall be inspected by the Environmental Resources Specialist prior to any tree
removal.
5. Wetland boundary, as field identified, needs to be shown on the drawing.
6. Grading limits need to be modified to avoid impacts to the revised wetland boundary.
7. Category 2 erosion control blanket needs to be shown on the slope in the northeast corner of
the property.
8. All exposed soil areas must be stabilized within seven (7) days after the construction activity
in that portion has temporarily or permanently ceased.
9. All disturbed areas shall be seeded with Mn/DOT Mixture 150 at 40 lbs/acre and mulched
with Type 2 mulch disc-anchored at 2 tons/acre upon completion of grading for the interim
use permit.
10. The grading plan should be adjusted so that the drainage areas will not be altered, otherwise
drainage calculations are required.
11. The existing sanitary sewer, watermain and storm sewer and drainage and utility easements
must be shown on the plan.
12. The grading limits in the northeast corner of Lot 6 must be shifted in order to maintain
minimum 7.5 feet of cover over the watermain.
13. Provide additional information to the Metropolitan Council in order to determine the
maximum extent of grading allowed over the sanitary sewer.
14. Abide by the Metropolitan Council's conditions of approval, if any.
15. Permitted hours of operation are 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00
a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays.
16. The interim use permit will expire one year from the date of City Council approval. The
permit may be renewed on an annual basis subject to City Council approval. Request for an
extension must be submitted 45 days prior to the expiration date.
3
Planning Commission Meeting - September 2, 2008
17. All permits must be acquired prior to grading, including but not limited to a watershed
district permit, and a Minnesota Pollution Control NPDES stormwater permit. A stormwater
pollution prevention plan must be submitted to the City for review by Carver Soil and Water
Conservation District.
18. The grading plan must be signed by an engineer licensed in the State of Minnesota
All voted in favor and the motion carried unanimously with a vote of 6 to O.
4