PC Minutes 9-15-09
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SEPTEMBER 15, 2009
Chairwoman Larson called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Kathleen Thomas, Debbie Larson, Mark Undestad, Denny
Laufenburger, Dan Keefe, and Tom Doll
MEMBERS ABSENT:
Kevin Dillon
STAFF PRESENT:
Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; Alyson Fauske, Assistant City Engineer; and Terry Jeffrey, Water Resources
Coordinator
PUBLIC HEARING:
MOON VALLEY: REQUEST FOR RENEWAL/EXTENSION OF INTERIM USE
PERMIT (GRADING) ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT
(A2), LOCATED SOUTH OF HENNEPIN COUNTY REGIONAL RAILROAD, NORTH
OF FLYING CLOUD DRIVE AND EAST OF SORENSEN ADDITION (100 AND 220
FLYING CLOUD DRIVE). APPLICANT: TERRY BROS. MOON VALLEY LLC,
PLANNING CASE 09-14.
Public Present:
Name Address
Michael Baier Terry Bros. Moon Valley LLC
Dan Tester 230 Flying Cloud Drive
Alyson Fauske presented the staff report on this item.
Larson: Would you like to start?
Undestad: Just one. I mean over the years has everything been going good?
Fauske: It’s been going very well. We’ve had, I think maybe two phone calls I’ve ever taken
and it was with regards to the truck traffic and I’ve called Terry Bros and they have been very
responsive to the concerns of the citizens so that’s, you know in a 5 year, 10 year I think that’s,
they’ve been very responsive.
Doll: I have no questions.
Laufenburger: What’s the long range plan for this property?
Chanhassen Planning Commission – September 15, 2009
Fauske: Ultimately it will be available for redevelopment. It’s not within the current MUSA.
Sanitary sewer service to this area is a challenge, to say the least. A lift station unfortunately
would have to go down Highway 101 but ultimately it would be available for redevelopment.
Laufenburger: Okay. No other questions.
Larson: Kathleen?
Thomas: No, I don’t have any questions.
Larson: Dan?
Keefe: I’ve got a couple. Is it a 5 year extension or is it a 10 year extension? It says in the
report 10 years but is the total time 10 years?
Fauske: I believe the total time is 10 years. I apologize. I misspoke earlier.
Keefe: So 5 year extension from today? Or how.
Fauske: 10 year.
Generous: From council approval.
Keefe: Okay so, just give me a timeline just a little bit.
Fauske: I apologize. I misspoke.
Keefe: We’ve been doing it for how long?
Fauske: The original plan was in, yeah. ’96 was the first. Pardon me, ‘92 was the first year that
it was a permitted mining operation.
Keefe: Okay. And then we’re under the start of, I mean would, the start of the period we’re
under started when? Because then we’re asking extension to that? I’m just trying to.
Fauske: Sure. The last interim use permit was in 2004 so I’m sorry, I misspoke. That was a 5
year interim use permit. Now before you is a 10 year interim use permit.
Keefe: Extension which would go on top of the one that was granted in ’04.
Fauske: Which would extend it to 2019.
Keefe: And we don’t expect that, because there was some plan which came through on this as I
recall a few years back that somebody was.
Aanenson: Yeah, can you go a few slides back.
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Chanhassen Planning Commission – September 15, 2009
Keefe: You know thinking about doing something over there.
Aanenson: Yeah. We looked at that as part of the comprehensive plan. It is guided for high
density. Now that we’ve got the County Road 61.
Keefe: Yeah, I remember that.
Aanenson: That’s something that we’re working on. Looking at as access points. The
underlying property owner also has property to the east of this so there’s a large piece, so we
looked at that as a potential mixed use project because it has access onto a collector road so that
isn’t, so as part of this there is an ultimately reclamation plan and they’re following that with the
grading so we’re left with something that has development potential. And that’s what the
Assistant City Engineer is talking about that, following that grading plan and that’s what we’re
checking in on to make sure that we’re consistent with that so we’re left with something that can
be developed in the future.
Keefe: Yeah. We don’t expect, what happens if somebody comes in and says now’s the time to
do it over the next 10 years? Are we locked out from doing anything?
Aanenson: Well we’ve had that request from Eden Prairie that they could potentially service that
or something but it’s really for us. We don’t believe it’s right for development. We want to be
the one to service it. Again as Alyson mentioned, we don’t have utilities that far south yet so as
a part of this, if you look at the, all the property along that 61 corridor. The bottom of the Y.
There’s a lot of development but if we let that all kind of break away, there’s not enough then to
form enough development potential to make it economically feasible down there.
Keefe: Yeah.
Aanenson: So we want to do that in a comprehensive, cohesive way so the first thing that we
want to do, besides getting the Y fixed, is look at where those access points should be along
County Road 61. But if you go, we looked at that with their 101 corridor study for some
potential access points so that’s something that we have on our radar screen, planning and
engineering, to be working on in the short term.
Keefe: Yeah. So we don’t really see this, any of that happen, I mean planning for it will happen.
Aanenson: Well.
Keefe: Maybe while it’s going on but there’s not going to be any development on this.
Aanenson: No, because as Alyson mentioned development slowed down and we’re not going to
be down that far. The first thing we’ve got to do is get the lift station up north off of the Powers
project that we talked about to come down and there will be another lift station at the bottom so
we’re a ways out yet so we feel really confident with 10 years. It could be 10 years plus.
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Chanhassen Planning Commission – September 15, 2009
Keefe: It might be more.
Aanenson: Yeah.
Keefe: Okay. Okay. Where’s the material going? Do we know? What are they using it, is it
roadways or gravel roadways?
Fauske: The applicant is here tonight and he would probably be able to give you a good
indication of his clients.
Keefe: Yeah. And then is any coming back into the site?
Fauske: I believe they strip the top soil and the top soil that they salvage, that can be re-spread
across the site but again the applicant could probably further expand on that.
Keefe: Are there any issues with stuff coming back into it? I mean they’re just going to re-use
what’s already there.
Fauske: That’s my understanding.
Keefe: Okay. Alright, that’s all.
Larson: Okay. Well I just have a couple. I’m just looking at the picture that you’ve got up here.
This trails and road. Is there development on that right now?
Fauske: Yes. That’s correct. That’s the Settlers West development that came in 5 years ago.
Larson: Okay. I mean it looks like empty lots from here but.
Fauske: They’re slowly filling in. Some of the, one of the lots on the southern end of the cul-de-
sac was recently purchased and I believe they have a building permit application in.
Larson: So is that Hennepin or Carver?
Fauske: That is Carver County.
Larson: It is. Okay.
Aanenson: It gets access to that subdivision actually through Eden Prairie. Maybe you
remember when that subdivision was coming in, we went out and walked that property. I think
that’s…we talked about this.
Keefe: Yeah, right…great view.
Aanenson: That we do have preservation of bluff around that. Maybe you can point to that
Alyson. The green kind of around that, that was a bluff area. We preserved on the east side of
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Chanhassen Planning Commission – September 15, 2009
that and to the west going towards Eden Prairie there’s a ravines on both of those that we
preserved. And then on the backs of those lots was a swale created so we didn’t have direct
runoff into this area. And part of the original reclamation plan with this is to re-establish that
slope with our bluff ordinance up against that property.
Larson: So that doesn’t affect our property that requested.
Aanenson: Right, right. And kind of how this discussion started is, Eden Prairie wanted, the
developer wanted to develop that part of the property so in looking at how would we service that
piece of property, would we really try to go up the road? Try to bring a road from the bottom to
the top. We said no. Topographically it really needs to be serviced off of Pioneer so that’s when
we started working with Eden Prairie to service that property through, while it’s in our
jurisdiction, the sewer and water, that part’s coming from Eden Prairie because we just felt like,
the topography didn’t work so that didn’t make sense. But certainly on the bottom half, we want
to tie the rest of that to everything coming through the city. So yes, we did go out there and walk
all that. That’s probably you’re remembering the discussions about that. That’s been a few
years though.
Keefe: I liked that though, yeah.
Aanenson: Yeah.
Larson: Okay. And the only other question I had is regarding the annual, let’s see here. Phasing
plan. Summary of the quantities removed. How does that work? I mean they just say okay this
is what we did last year and this we expect to do? And then you re-evaluate, I mean does it get
re-evaluated or.
Fauske: Technically what we wanted to do. Originally we looked at, the City just felt that we
should have some understanding of how much material’s being moved off the site so we can
gauge at what point do we expect that mining operation to shut down. So the interim use permit
would allow them for 10 years but it’s just a nice check and balance between the applicant and
the city to have that, at least one time a year communication so that we know what’s going on.
We can touch base. What areas are being restored so that if a call does come in to City Hall we
are aware of what’s going on through there.
Larson: Okay. So you know if things heat up in the building industry and things, they get this
maybe done in 8 years instead of 10, then it could be re-evaluated and then ended or whatever?
Fauske: Correct, and the other reason behind the annual review of material being removed is, as
the economy flexes and the material being removed from the site, their expected removals from
year to year change, we can have an up to date security, cash security in hand so that it’s not
financially onerous on the applicant to post the entire financial security at once. That we can
have it changing year to year according to what their anticipated removals are.
Larson: Alright. Any more questions that we have? Alright, have we got an applicant?
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Chanhassen Planning Commission – September 15, 2009
Michael Baier: Hi commission. This is, I’m Michael Baier and I’m representing Terry Bros and
then through that I representing the land owner at Moon Valley and just want to maybe clarify a
couple of things. Number one, this is a mining operation but not like you would think of.
Basically what happened is this, in ’92 it seems when the history it was a mining operation and
much of the slopes were basically left mined out where they went straight up and down. We
became aware of the project when we did the earthwork in Settlers West and had seen that and
then at that cul-de-sac that you had been talking about, that was actually over cut and it was
actually into that development and we had talked to the landowners at the time about restoring
that particular slope there and kind of went on and talked about restoring that area so. So
basically it is mining but with the idea of restoring the slopes and that land and not just having
them go straight up and down which is what was going on in the past was a strip mining
operation. And so with that in mind, with the grading plan that we received, it requires that a
million, approximately a million yards has to come off the site in order to do that restoration so
we are mining but it’s kind of restoring and mining with in mind to reach that grading plan so.
Any questions?
Laufenburger: What are the materials that you’re mining?
Michael Baier: Mainly sand, although top soil and clay are also present there, but there’s more
of a market for sand. I think somebody had asked the market. The market is mainly roadways
and commercial buildings for their, for the pads for soil corrections and things like that. That’s
the main goal and we have you know a variety of clients as a result of that. One thing too maybe
to clarify is that we’d love to get done with it in a year. That means…so believe me the 10 years
isn’t to extend it for us and we’d love to do it in a year so.
Larson: Okay.
Laufenburger: Actually I do have one other question. Your name again was?
Michael Baier: Michael Baier.
Laufenburger: Michael. One of the stipulations or, let me get to it. One of the
recommendations talks about a driveway access to 230 and 240 Erie Avenue be maintained at all
times. Where is that on the property?
Michael Baier: That’s on that, she’ll put that up. That’s on that second parcel to the west.
Laufenburger: Ah, okay.
Michael Baier: So that’s, we haven’t been active in that area. There’s not anything interesting
as far as mining materials there. It’s mainly top soil and a mixture of stuff so that’s something
we’ll do at the end. So we haven’t affected at all any of those driveway accesses, but when we
do for the drainage and things like that, that’s definitely something we’ll do.
Laufenburger: Okay, thank you.
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Chanhassen Planning Commission – September 15, 2009
Larson: Anyone else? Okay.
Michael Baier: Thanks for your time.
Larson: Thank you. I’ll bring it back to. Let’s see have we got anybody.
Aanenson: You want to formally open the public hearing.
Larson: What’s that?
Aanenson: Just state, just formally open the public hearing.
Larson: Formally open the public hearing. If there’s anybody in the audience who’d like to get
up and speak. Okay.
Dan Tester: I’m Dan Tester and I live at 230 Flying Cloud Drive and I just, I’m here to see
what’s, kind of what’s going on with this and I guess I have a couple of questions or concerns
and that’s about the, well when this all started and came to the meeting, I don’t know what it
was, 5 years ago or 4 years ago and I had no idea that it was going to be like it is. Or that you
know everything was went over in the meeting but seeing an entire bluff removed like it is, it’s
kind of weird that you can remove an entire bluff like that. But that’s the way it is but now I’m
wondering, is there any more of the bluff going to be removed in the plans? Like on the, along
the highway.
Michael Baier: Maybe you can tell me the area you’re talking about.
Dan Tester: This area, is this where it is presently? Right up to here. Has this been mined back
here?
Michael Baier: No, and actually as far as the elevation, that top elevation remains the same. So
basically what it is, is the slope is just getting basically just kind of grooved in. As far as any
height or whatever it doesn’t lose any height in that area.
Dan Tester: Okay, and my concern is this, what’s left here. It’s a big hill here and is that going
to be removed?
Michael Baier: That hill remains. Yep, that hill remains. Yep.
Dan Tester: Alright.
Michael Baier: Yeah, if you see that white line right there, that’s the end of the grading limit and
that’s on top of that hill.
Dan Tester: Is that kind of where it is right now or do you?
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Chanhassen Planning Commission – September 15, 2009
Michael Baier: Right. Yep. That’s as far as it goes. And then as far as slope removal,
everything to that north and to the east, that was done before we were involved and actually
that’s the part of the slopes that we’re actually restoring. So where they were cut straight up and
down, like I said and that’s the part that we’re restoring so. And that area that you see that right
there basically what we have done is we’ve mined sand in that area and then we’ll be placing it
with topsoils and stuff and planting trees and things there so, to restore that area. So it won’t go
any further towards the road and it won’t go any lower in elevation.
Dan Tester: Okay. The reason I ask is because it’s kind of changed the weather down there and
the noise a little bit. We hear the traffic coming through here but there’s a big hill here. There’s
a big hill here. We hear the traffic as it goes through here and then nothing, and now we can
hear it when they get traffic gets around here. Sometimes we can hear it coming through here
and if this was all going to be removed, you know that would be kind of a, not a good deal for us.
Michael Baier: Yeah, if you can see everything again on the outside of the white line will not be
touched.
Dan Tester: And then it’s windier down there than it has been in the past because of that thing,
you know which is, we can live with that and with what’s been going on, it’s been okay but
those, that was my main concern. And then this here, this is the first time I’ve seen that there’s
going to be mining up here.
Michael Baier: Yeah, there won’t be any mining in there actually. I think that’s, I don’t know
why that was added and I wasn’t involved in the beginning stage for this plan. I think that was
added for drainage purposes there. As far as any interesting soils there for me, personally I’d
prefer not to do it, but it’s part of the plan and I guess if that’s something that you guys were
interested in taking a look at, I don’t know the history behind why that was added.
Dan Tester: Because I don’t remember it being there in any of the other meetings.
Michael Baier: So to me again, you know I came on and that was part of the grading plan I was
given so. And again I think that was more for drainage. For adding that pond and again
protecting that creek there so.
Dan Tester: And there is no plan for this for 10 years or 15 years for working in here, like this
pond here? That is not anything current?
Michael Baier: Towards the end of the permit, again like I said, that’s not an interesting area for
us so we would prefer to do that at the end.
Aanenson: There’s a creek that runs through there so there’s probably some jurisdictional
controls regarding erosion next to the creek and setback requirements so that would be a whole
separate thing we’d have to evaluate.
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Chanhassen Planning Commission – September 15, 2009
Michael Baier: Yeah, my guess is that was again added there for, there to protect any runoff
from the creek and it’s probably something that’s probably been needed to be done for years and
they added that as a requirement. But again I can’t speak on it’s history.
Dan Tester: Well, that’s all. Thank you.
Larson: Thank you Dan. Okay, I see there’s nobody else so we will close the public hearing.
Anybody have any comments?
Keefe: Good with it.
Larson: Yep, me too.
Larson: Okay. Well, shall I entertain a motion?
Keefe: Sure. I’ll make a motion. The Chanhassen Planning Commission recommend City
Council approve an Interim Use Permit Planning Case #09-14 to permit grading, excavation and
slope restoration as proposed on the plans prepared by Sathre-Berquist Inc. dated July 30, 2009
subject to conditions 1 through 20 on pages 8 to 10 of the staff report.
Larson: Have I got a second?
Undestad: Second.
Keefe moved, Undestad seconded that the Chanhassen Planning Commission recommend
City Council approve an Interim Use Permit Planning Case #09-14 to permit grading,
excavation and slope restoration as proposed on the plans prepared by Sathre-Berquist
Inc. dated July 30, 2009 subject to the following conditions:
1.The interim use permit shall be approved for a period of ten (10) years from the date of City
Council approval. The applicant will need to request a formal extension 60 days prior to the
expiration date of the interim use permit.
2.Permits from the appropriate regulatory agency must be obtained; including but not limited
to the Minnesota Pollution Control Agency, Lower Minnesota River Watershed District and
Carver County.
3.The applicant must submit a phasing plan. This information shall be submitted annually a
minimum of 30 days before the anniversary of City Council approval.
4.An administration fee shall be collected each year and shall be based on the number of cubic
yards of material being graded as identified in the phasing plan. The fees are taken from the
Uniform Building Code Appendix, Chapter 33.
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Chanhassen Planning Commission – September 15, 2009
5.The applicant must submit a summary of the quantity of material that has been removed from
the site and the quantity of remaining material. This information shall be submitted annually
a minimum of 30 days before the anniversary of City Council approval.
6.Grading on the east side of the creek must cease at or above the 756-foot contour; this must
be reflected on the next plan submittal.
7.The applicant must provide the City with a cash escrow or letter of credit in the amount of
110% of the construction costs for the appropriate phase of the grading operations to guarantee
erosion control measures, site restoration, and compliance with the interim use permit. The
amount of the security shall be established annually and shall be submitted by the anniversary
date of City Council approval.
8.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.
9.Grading on the east side of the creek must cease at or above the 756-foot contour and all
disturbed soils must be permanently stabilized and restored in accordance with the
Restoration Plan as specified in the Grading, Drainage, and Erosion Control Plan dated
August 8, 2004.
10.If the excess material is hauled to another site in Chanhassen, a separate grading permit will
be required for the other property.
11.Type II, reinforced silt fence must be installed and maintained at the northwest corner of
project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type
II silt fence must be reinforced using sediment logs, wire-backing, or other effective Best
Management Practice.
12.Exposed, unworked soils must continue to be stabilized with temporary or permanent
stabilization BMPs in accordance with the construction sequencing as stated in the Grading,
Drainage, and Erosion Control Plan.
13.Exposed, unworked erodible soils with positive slopes must continue to be stabilized using
erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and
Erosion Control Plan.
14.All other sediment and erosion control measures must be in place and maintained according
August 8, 2004
to the Grading, Drainage and Erosion Control Plan dated , and phasing plan
to be submitted by applicant.
15.Tree preservation fencing must be installed at the edge of grading limits.
16.No tree removal is allowed beyond the 756-foot contour on the east side of the creek.
17.MnDOT Native Mix 340 be used for the seeding.
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Chanhassen Planning Commission – September 15, 2009
18.All restored slopes shall be planted with trees. The trees shall be bare-root, native species,
one-half to one-inch in diameter, five to ten-foot spacing in a random pattern from the top to
the toe of the slope. The approximate number of trees needed is 20,000 (7’ x 7’ spacing).
Spacing (feet) Trees per acre
5 x 5 1,742
6 x 6 1,210
7 x 7 889
8 x 8 681
10 x 10 436
19.A driveway access to 230 & 240 Erie Avenue must be maintained at all times during
construction.
20.Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie Avenue.”
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
APPROVAL OF MINUTES: Commissioner Thomas approved the verbatim and summary
minutes of the Planning Commission meeting dated August 18, 2009 as presented.
Chair Larson adjourned the Planning Commission meeting at 7:25 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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