PC SUM 2009 09 15
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
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. Commissioner Undestad asked if the City
has received any complaints from the site. Alyson Fauske reported that she’s only had two
phone calls regarding truck traffic over the past 5 years. Commissioner Laufenburger asked
about the long range plan for the property. Commissioner Keefe asked for clarification on the
number of years being requested with the extension and the use of the exported soils. Chair
Larson asked about the current development on the site and clarification of the annual reports
being requested of the applicant. Michael Baier, representing Terry Bros and the landowner,
provided historical background of the site and their plans to restore the property. Chair Larson
opened the public hearing. Dan Tester, 230 Flying Cloud Drive, stated his concern over seeing
an entire bluff removed and how the weather and noise have been affected by the change in
topography. Chair Larson closed the public hearing.
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:
Planning Commission Summary – September 15, 2009
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.
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.
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Planning Commission Summary – September 15, 2009
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.
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 Prepared by Nann Opheim
Community Development Director
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Planning Commission Summary – September 15, 2009
OPEN DISCUSSION
RESIDENTS PRESENT:
Jeff Fox, Rick Dorsey
BLUFF ORDINANCE AMENDMENT ISSUE PAPER:
Terry Jeffery presented the staff report regarding the bluff ordinance. The current ordinance
does not prohibit grading within the bluff impact zone. The implications of this are:
?
Erosion of developable land
?
Increased impairment to area surface waters
?
Elimination of native species and replacement by invasive species such as buckthorn
?
City-borne costs of stabilization of slopes
?
Compromise of structures in the immediate vicinity
The Planning Commission appreciated the issues resulting from grading within the bluff impact
zone and generally supportive of the idea of providing restrictions on grading in the bluff impact
zone. Their concern was about the restriction on the ability of the property owner to remove
some vegetation, especially within the Shoreland Management District, to permit views from the
home.
SIGN ORDINANCE AMENDMENT ISSUE PAPER:
Kate Aanenson presented the staff report regarding the sign ordinance amendment. As part of
the last revision, the amendment to the ordinance regarding logos was not included in all the
districts. Additionally, the City currently permits only three temporary sign opportunities per
year. The business community believes such signage should be permitted at least quarterly.
The Planning Commission was supportive of the amendment to the City Code regarding signage.
COMMUNITY COMMERCIAL AND REGIONAL/LIFESTYLE COMMERCIAL
ZONING DISTRICTS CODE AMENDMENT ISSUE PAPER:
Bob Generous presented the staff report on the item. The issues with the Community
Commercial District related to the proposed uses within the district and the maximum and
minimum business sizes within the district. The Regional/Lifestyle Center Commercial district
is also being proposed as an amendment to the Planned Unit Development (PUD) Standards
rather than a separate zoning category. This allows the City to follow an established process and
provides minimum standards for approval of the Regional/Lifestyle Center Commercial PUD.
The Planning Commission was supportive of the amendment to the City Code regarding the
commercial districts.
Chairwoman Larson adjourned the Planning Commission meeting at 8:15 p.m.
Submitted by Kate Aanenson Prepared by Robert Generous
Community Development Director
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