3 IUP 8301 Audubon RoadCITY
PC DATE: 8/4/99
CC DATE: 8/23/99
CASE #: 99-1 FLIP
By: AI-Jaff/D. Hempel
STAFF
REPORT
PROPOSAL:
LOCATION:
APPLICANT:
Interim Use Permit/Earthwork Permit of 30,000 cubic yards of material
8301 Audubon Road
Dave Stockdale
Edgework Builders
7210 Galpin Boulevard
Chanhassen, MN 55317
td
PRESENT ZONING:
IOP, Industrial Office Park
ACREAGE: 7.47 Acres
DENSITY: N/A
ADJACENT ZONING AND
LAND USE: N - IOP; Chanhassen Public Works Building & Twin Cities and Western RI~
S - IOP; Chanhassen Lakes Business Park 7th Addition
E - lOP; Chanhassen Lakes Business Park 7* Addition
W - PUD-IOP; Chanhassen Business Center
WATER AND SEWER:
Available to the site.
PHYSICAL CHARACTER.:
The site is currently used as a contractor's yard/open space.
2000 LAND USE PLAN:
Industrial
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Stockdale
August 4, 1999
Page 2
BACKGROUND
On July 10, 1989, the City Council approved a conditional use permit for the operation of a
contractor's yard and outdoor storage for the subject site.
On April 12, 1999, the City Council approved a Resolution Declaring No Need for an
Environmental Impact Statement for the Chanhassen Lakes Business Park 7th Addition (CLBP
7th) Project, Subdivision 99-1 preliminary plat to replat Outlot D into 10 lots, Chanhassen Lakes
Business Park 7th Addition, and wetland alteration permit to fill 1.23 acres, provide 1.62 acres of
in kind mitigation and 1.89 public value credits, as shown on the plans dated received January
26, 1999, subject to conditions. The final plat was approved by the City Council on June 14,
1999. Chanhassen Lakes Business Park 7th Addition is located immediately south and east of
the Stockdale Property. To prepare the CLBP 7th site for development, the contractor needed to
remove well over 30,000 cubic yards of topsoil-like material. This type of material is not
suitable for development but is ideal for landscape purposes. This request proposes moving up to
30,000 cubic yards of topsoil material from the Chanhassen Lakes Business Park 7~h Addition to
the Stockdale Property. Staff has administratively issued a grading permit to the applicant for up
to 1,000 cu. yds. of material already in accordance with city ordinance. However, city ordinance
requires an interim use permit for earthwork activities in excess of 1,000 cu. yds.
PROPOSAL/SUMMARY
The applicant is requesting an interim use permit to fill/stockpile 30,000 cubic yards of material. A
portion of the fill will be used to create a berm along Audubon Road. The rest Of the material will
be used on a daily basis for the landscape business which currently exists on the site. The site is
located south of the City's Public Works Building and Twin Cities and Western Railroad and east
of Audubon Road.
The hauling operation is anticipated to take 30 working days with the work starting around the end
of August and completion by October 1, 1999, weather permitting. The permitted hours of
operation currently 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. The proposed stockpile area has
no significant vegetation.. The area containing trees on this site is located along the south and east
portions of the site. The proposed haul route will be through the site using the existing gravel
driveways on site for the most part. The haul route will not impact any public streets. No impacts
to the existing trees are anticipated. A driveway access will be created from the southern edge of
the site (staff envisions the future access for this property to be in that same location along the
southern property line) to the Chanhassen Lakes Business Park 7th Addition. Trucks would then
haul material between the two properties.
Stockdale
August 4, 1999
Page 3
There is a wetland (ag/urban) located in the northeasterly comer of the site. The proposed stockpile
will be located approximately 50 feet from the wetland. No impacts to the wetland are anticipated
from this project. Grading operations will maintain a 50 foot setback from the edge of the
wetlands. Erosion control measures (silt fence) will be installed around the downstream sides of
the stockpile area to contain any sediment on site. Staff also recommends that an interim sediment
pond be constructed downstream of the stockpile area to pretreat runoff prior to discharging into the
adjacent wetland. Dust should not be of concern given the nature of the material being stockpiled.
Should dust become a problem it will be controlled with water trucks on an as needed basis.
The stockpile is proposed to be constructed with 3 to 1 side slopes along the east side and 6 to 1
slopes along the remaining sides. The top of the stockpile area will be approximately 2-4 feet
higher than Audubon Road. The existing boulevard trees along Audubon Road will not be affected
with this project. Fill will be placed within the city's right of way since the slope drops off sharply
behind the sidewalk. A drainage swale will be constructed along the right of way line to intercept
runoff from the stockpile and divert it around the stockpile to maintain the existing drainage
through the site. All disturbed areas as a result of construction will be reseeded within two weeks
of site grading.
The stockpiled material once in place will be utilized by the applicant on an as needed basis. It is
possible that not all the material will be used/remove from the site during the duration of the permit.
The site will be subject to periodic construction when material is to be excavated for the landscape
business. Staff recommends that the material be excavated from the backside of the stockpile (east
side) to minimize the exposure to Audubon Road.
The material is being imported from the adjacent parcel to the south and east (CLBP 7th). This site
is bordered on the south by future Lake Drive West, which is under construction, railroad tracks to
the north and Audubon Road to the west.
The site will be left in a condition that will facilitate its future development for office/industrial uses
consistent with the Comprehensive Plan and existing zoning. Staff is recommending that the
westerly 50 feet of the stockpile area remain in place at all times to provide a buffer from any
construction activities occurring during the duration of the permit
An interim use permit expires one year from the date of approval from the City Council. The
permit maybe renewed on an annual basis subject to City Council approval. The applicant will
need to request a formal extension 45 days prior to the expiration date. Security to guarantee
restoration and erosion control measures will be required with the permit. The permit is also
subject to administration fees. The administration fees are based on the number of cubic yards of
material being imported. The fees are taken from the Uniform Building Code Appendix C. Based
on 30,000 cu. yds. of material, the applicant shall pay the city $457.00 prior to the city signing the
permit.
Stockdale
August 4, 1999
Page 4
Staff believes that this interim use permit application is fairly straight forward. Staff is
recommending approval of the interim use permit with the conditions outlined in the report.
COMPLIANCE WITH THE EXCAVATING. MINING, FILLING AND GRADING
ORDINANCE
Section 7 of the ordinance provides a series of standards which an interim use permit must be in
compliance with.
Section 7-40 - Fees
The ordinance allows the City to determine the fee schedule for each permit and that each
permit must be annually reviewed by the City Engineer. Section 7-41 provides for an
irrevocable letter of credit that will be required to ensure compliance with conditions of
approval.
Finding
Staff is recommending that a $5,400.00 letter of credit be required to ensure compliance
with conditions outlined below. The letter of credit will be used to guarantee site
restoration, maintenance of erosion control and dust control measures. In addition, a
grading permit fee in accordance with the Uniform Building Code Will be applied to the
permit. Based on 30,000 cu. yds of material, the fee will be $457.00. This fee is due and
payable to the city prior to issuance of the permit.
Section 7-42 - Setbacks
The ordinance requires that a setback of 100 feet from existing street rights-of-way and 300
feet from adjoining property lines be required for mining activities.
Finding
This condition does not apply. It was intended for mining operations only.
Section 7-43 - Fencing
The ordinance requires fencing for areas which will be converted to steep grades or where on
site ponding exists if the Council determines that a safety hazard exists.
Stockdale
August 4, 1999
Page 5
Finding
The stockpile will be shaped and maintained at a gradual slope of 3:1 or less. Therefore,
safety hazards will not exist and fencing should not be required.
Section 7-44 - Appearance and Screening
The ordinance requires that the visual impact of grading and mining operations be
minimized and that where necessary, screening be provided.
Finding
This is a temporary earthwork project which will be creating a stockpile area that will be
used in conjunction with a contractor's yard. All disturbed areas as a result of construction
will be restored with topsoil and seed within two weeks of site grading. A portion of the
stockpile will ultimately remain on the site to provide berming. The berm will be
constructed along Audubon Road to minimize views into the site. The removal of material
from the stockpile will be restricted to the easterly side. Therefore, the visual impact of the
grading and excavating will be minimal and screening will not be necessary.
Section 7-45 - Operations, Noise, Hours, Explosives, Dust, Water, Pollution, Top Soil
Preservation
set
Maximum Noise Levels as measured at the perimeter of the site shall be within limits
by the MPCA and by the Federal EPA.
Finding
Staff does not feel that the earthwork on the site will be excessive beyond the activities
being experienced in the area with the current use or the improvements to Lake Drive West
and development of industrial sites in the area. To ensure that the noise levels do not
become excessive, a condition is being provided that noise levels not exceed MPCA and
EPA limits. If noise testing is required by the city, the cost shall be paid by the applicant.
Be
Earth work is permitted only during the hours of 7:00 a.m. to 6:00 p.m., Monday
through Saturday and prohibited on national holidays.
Finding
As a condition of approval, the hours of operation have been modified to between the hours
of 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 on Sunday or legal holidays. This is consistent with most other construction
projects in the city.
Stockdale
August 4, 1999
Page 6
De
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Operators are required to use all practical means to eliminate vibration on adjacent
property from equipment operation.
Finding
Staff does not believe that there will be a problem with vibration on adjacent property. The
material will compacted by trucks and/or an earthscraper running over the site. No
vibratory compaction equipment is proposed.
Operators shall comply with all applicable regulations for the protection of water
quality.
Finding
The applicant is providing erosion control surrounding the site to retain any runoff from the
site. As a condition of approval, staff is recommending a sediment pond be created along
the east side of the stockpile to pretreat runoff erosion and maintain the water quality from
the site.
Operators shall comply with all regulations for the protection of wetlands.
Finding
The stockpile will maintain a 50 foot setback from the edge of the wetland. In addition, the
applicant is proposing erosion control fencing and staff is recommending the creation of a
sediment pond to protect the water quality of the wetlands.
Operators shall comply with all requirements of the Watershed District where the
property is located.
Finding
The site is providing erosion control measures. A Watershed District permit is required for
areas of disruption more than one acre in size. Watershed District approval will be required
for this proposal.
All topsoil shall be retained at the site until complete restoration of the site has taken
place according to the restoration plan.
Stockdale
August 4, 1999
Page 7
Finding
The proposed stockpile will be constructed of all topsoil which will be seeded and mulched
within two weeks after grading is completed. The stockpile area shall be protected from
erosion by silt fence.
Operators shall use all practical means to reduce the amount of dust, smoke and
fumes caused by the operations. When atmospheric or other conditions make it
impossible to prevent dust from migrating off site, mining operations shall cease.
Finding
Staff does not anticipate a problem with these impacts due to the type of material being
imported, the site's location and precautions that the applicant is providing with the
earthwork activities.
To control dust and minimize tracking of sand, gravel and dirt onto public streets,
internal private roads to any public roadway shall be paved with asphalt or concrete
for a distance of 300 feet to the intersection of the public roadway. Alternate means of
controlling this problem may be accepted by the city.
Finding
An existing driveway (haul route) is proposed to be utilized through the site. A newly
created driveway access along the southern edge of the site to Chanhassen Lakes Business
Park 7th Addition is also proposed. No hauling of material is proposed on any city street
nor is any permitted. All disturbed areas as a result of construction will be restored with
topsoil, seed and mulch.
All haul routes to and from the site shall be approved by the City and shall only use
streets that can safely accommodate the traffic.
Finding
The tracks/earth moving equipment will import material from the Chanhassen Lakes
Business Park 7th Addition to the subject site overland near the southeast comer of the site
where a future driveway access is proposed to serve the site. Haul routes through the site
will utilize existing driveways through the subject parcel. No city streets are proposed to be
used.
Stockdale
August 4, 1999
Page 8
Section 7-46 - Restoration Standards
The ordinance provides a series of standards outlining site restoration. These are reviewed
below.
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The plan must be consistent with the City's Comprehensive Plan and Zoning
Ordinance.
Finding
The Comprehensive Plan illustrates this area as industrial and the applicant's proposal to
create a berm along Audubon Road will provide for screening. The stockpile will be used
in conjunction with the existing operation (contractor's yard). No expansion to the existing
contractor's yard is being approved. Therefore, staff believes that the proposal is consistent
with the Comprehensive Plan and Zoning Ordinance.
Restoration shall be a continuing operation occurring as quickly as possible after
extraction operation has moved.
Finding
Restoration is proposed to be completed within two weeks after the stockpile material has
been placed. The city will require security in the form of a letter of credit to cover the
restoration costs in the case that the applicant does not or is unable to restore the site in a
timely manner.
All banks and slopes shall be left in accordance with the restoration plans submitted
with the permit application.
Finding
Staff is recommending that an as-built grading plan be provided at the completion of the
project so that staff can confirm the volume of material that has been removed and that the
site is restored as proposed.
Slopes, graded areas and backfill areas shall be surfaced with adequate top soil to
secure and hold ground cover. Such ground cover shall be tended as necessary until it
is self sustaining.
Finding
The topsoil is being imported into the site and stockpiled. The topsoil will then be seeded
and mulched to ensure ground cover for stabilization of the area.
Stockdale
August 4, 1999
Page 9
All water areas resulting from excavation shall be eliminated upon restoration of the
site.
Finding
The site will be graded to maintain the existing drainage pattern. A temporary sediment
basin will be constructed adjacent to the wetland to pretreat runoff from the site prior to
discharging into the wetland.
Fe
No part of the restoration area which is planned for uses other than open space or
agricultural shall be at an elevation lower than the minimum required for connection
sanitary or storm sewer.
Finding
The finished grade of the site is at an elevation that will allow for the connection of
municipal water, sanitary and storm sewer. Currently, the site is too low to be serviced via
gravity.
Provide a landscaping plan illustrating reforestation, ground cover, wetland
restoration or other features.
Finding
All disturbed areas will be seeded and mulched within two weeks after grading is
completed. As proposed, no trees or landscaping needs to be replaced on the site as a result
of construction activities.
INTERIM USE PERMIT STANDARDS
Mining operations will be allowed in the IOP District as an interim use permit if the requested
zoning ordinance amendment is approved. The ordinance provides that interim use permits are
reviewed under the general issuance standards established for conditional use permits, Section 20-
232, of the ordinance. The following constitutes a compilation of the general issuance standards
and staffs findings for each.
Will not be detrimental to or enhance the public health, safety, comfort, convenience
or general welfare of the neighborhood or the city.
The proposed earthwork activity is a temporary operation which should be
completed October 1, 1999. The hauling of 30,000 cubic yards will provide a
permanent berm along Audubon Road and a stockpile that will be used for the
Stockdale
August 4, 1999
Page 10
current landscape business approved on the site. Any remain stockpile at the end of
the duration maybe used on site with future uses. Therefore, it will not be
detrimental to the public health, safety, comfort, or general welfare of the city.
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Will be consistent with the objectives of the city's Comprehensive Plan and this
chapter.
The earthwork will be maintaining the site in a form suitable for future industrial
land use which is compatible with the Comprehensive Plan and this chapter.
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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.
The proposed earthwork will be preparing the site fOr future development. Any
development on the site will require filling to make the site feasible for
development. The end use will maintain the site in a compatible appearance with
existing or intended character of properties in the general vicinity. The stockpile
will be an extension of the existing terrain and will not be changing the essential
character of the area. The land will be restored to a natural state once the stockpile
is removed and will remain as such until future development of the site.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
With the precautions being taken by the applicant and with the conditions of
approval, the activity will not be hazardous or disturbing to existing or planned
neighboring uses.
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.
The use is temporary which does not need to be served by public facilities and
services. The earthwork activities will partially improve the site to be served by
sanitary sewer and water once it is developed in the future.
e
Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Stockdale
August 4, 1999
Page 11
* The activity will not create excessive requirements for public facilities and will not
be detrimental to the economic welfare of the community since it is a temporary
use.
e
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.
The proposed excavation could result in excessive noise and fumes. The conditions
of approval will provide standards by which the activities should be minimized.
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Will have vehicular approaches to the property which do not create traffic congestion
or interfere with traffic or surrounding public thoroughfares.
The excavation operation of the permit does have the potential to add conflict to
existing traffic patterns on Audubon Road when material is being hauled off site in
conjunction with the landscape business. Staff has added a condition in the permit
to require the appropriate traffic control signage during hauling operations.
Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
The proposal will not result in any significant impact to natural or historic features.
10. Will be aesthetically compatible with the area.
The proposed stockpile/berm, once completed, will still be aesthetically compatible
with the surrounding industrial sites.
11. Will not depreciate surrounding property values.
The proposed use will not have an impact on surrounding property values.
12. Will meet standards prescribed for certain uses as provided in this article.
The proposed earthwork/stockpile application is meeting the standards prescribed
for the IOP District.
Staff feels that the application is complete and with the conditions proposed in the permit will
minimize potential impacts. Staff is recommending that the Planning Commission and City
Council approve the applicant's request for an Interim Use Permit.
Stockdale
August 4, 1999
Page 12
RECOMMENDATION
Staff recommends the Planning Commission adopt the following motion:
"The Planning Commission approves Interim Use Permit #99-1 with the following conditions:
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10.
11.
The applicant shall provide the city with a letter of credit in the amount of $5,400.00 to
guarantee erosion control measures and site restoration and compliance with the interim use
permit.
The applicant shall pay the City $457.00 for the grading permit fee. In addition, the
applicant shall pay for all city staff and attorney time used to monitor and enforce the
interim use permit. The inspection fee shall be billed at a rate of $30 per hour.
The applicant shall obtain and comply with all permit requirements of the Riley-Purgatory-
Bluff Creek Watershed District.
The applicant shall supply the city with a mylar as-built survey prepared by a professional
surveyor registered in the State of Minnesota upon completion of excavation to verify the
grading plan has been performed in compliance with the proposed plan.
All disturbed areas as a result of construction shall be restored with topsoil, seed and mulch
within two weeks after grading is completed.
Noise levels stemming from the operation are not to exceed MPCA and EPA regulations. If
the city deterrnines that there is a problem, warranting such tests shall be paid for by the
applicant.
Hours of operation are limited to 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 work not permitted on Sundays or legal holidays.
Prior to starting grading activities, erosion control measures shall be installed, inspected and
approved by staff.
All material for the stockpile area shall be imported to the site by October 15, 1999. All
disturbed areas as a result of construction shall be seeded and disc mulched by October 31,
1999. The interim use permit shall expire one year from the date of City Council approval.
The applicant may submit a written request to the city for renewal of the permit up to 45
days prior to the expiration date of the permit.
No expansion to the existing contractor's yard is being approved with this permit
The removal of material from the stockpile area shall be restricted to the easterly side. The
Stockdale
August 4, 1999
Page 13
westerly 50 feet of the berm/stockpile area shall remain in place at all times.
slopes shall be 3 to 1 or less.
The final side
12.
The applicant shall construct and maintain an interim sedimentation pond east of the
stockpile area. The pond shall be a minimum depth of 3 feet. Erosion control fence shall
be maintained between the pond and wetland until the interim use permit expires.
13.
Importing of material is restricted to the approved haul route. No hauling shall be permitted
on any City street.
14.
Exporting of material from the stockpile area in conjunction with the landscape business
may require the appropriate traffic control signage along Audubon Road. The City shall
determine when traffic signage is needed."
ATTACHMENTS
Public hearing notice and list of property owners.
Grading plan prepared by Schoell and Madson dated July 15, 1999.
g:\plan\sa\stockdale.doc
PROPOSAL:
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION MEETING
WEDNESDAY, AUGUST 4, '1999 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
,/
Request for Interim
Use Permit
APPLICANT:
LOCATION:
David Stockdale
8301 Audubon Road
NOTICE: You are invited to attend a public hearing about a proposal in your area. The
applicant, David Stockdale, is requesting an interim use permit for earth work to temporary stock
pile 30,000 cubic yards of material at 8301 Audubon Road located east of Audubon Road and
south of the Public Works Building and the Twin Cities Western Railroad.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
developer's request and to obtain input from the neighborhood about this project. During the
meeting, the Commission Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The Developer will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses project. The commission will then
make a recommendation to the City Council.
Questions and Comments: If you want to see the plans before the meeting, please stop by City
Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
someone about this project, please contact Sharmin at 937-1900 ext. 120. 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.
Notice of this public hearing has been published in the Chanhassen Villager on July 22, 1999.
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