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CC Minutes 12-09-2013Chanhassen City Council – December 9, 2013 Councilman Laufenburger moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approval of City Council Minutes dated November 25, 2013 and December 2, 2013. 2. Receive Planning Commission Minutes dated November 19, 2013. 3. Receive Park and Recreation Commission Minutes dated November 26, 2013. Resolution #2013-61: 4. 2014 Street Reconstruction Projects: Accept Feasibility Report; Call Public Hearings. 5. TH 101 Improvements: Approve Stipulation of Settlement for Parcel #4. 6. Approve Summary Ordinance 584 for Publication Purposes for Massage Business Licensing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. CONSENT AGENDA: 7. 8821 SUNSET TRAIL: REQUEST FOR AN INTERIM USE PERMIT TO GRADE PROPERTY FOR CONSTRUCTION OF A SINGLE FAMILY HOME ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A2) AND LOCATED AT 8821 SUNSET TRAIL. APPLICANT: MARK UNDESTAD, PLANNING CASE 2013-25. Mayor Furlong: Councilwoman Ernst, do you have questions on it or just some background? Councilwoman Ernst: Yeah. As I was going through this, I mean one of the statements in here was that if the City finds that all applicable standards are met, the permit must be approved. So can you define for me Kate what those standards are? I mean I saw some recommendations in here but does everyone know what those standards are and would it pertain the same to everyone? Kate Aanenson: Yes it would. The conditions for the Interim Use Permit. Mayor Furlong: Can you check, is your mic on? Kate Aanenson: Yes it is. Mayor Furlong: Thank you. Kate Aanenson: So if you go to the staff report the conditions were regarding how they’re managing storm water and revegetation. Managing the erosion. Re-establishment of seed, disruption of that. So those conditions would apply to like minded, any grading permits so if they would come in, anyone else would come in for a grading permit in a similar situation, the same conditions would apply. Councilwoman Ernst: So I also saw in here where there was something, was it grading that was done in 2005? There was something else that was done in here just quickly. 2012, the City granted an earthwork permit. Kate Aanenson: Correct. 2 Chanhassen City Council – December 9, 2013 Councilwoman Ernst: So is that, how does that compare to what’s being done? Kate Aanenson: Well typically a grading permit goes with a single family home in general so it’s anticipated when you pull a permit for a single family home that you, a grading permit’s established with it but when it exceeds an amount that is normally associated with that. In this case they exceeded the cubic yards so then it required an interim use permit because they required more than what standard with a single family home permit. Councilwoman Ernst: Okay. Kate Aanenson: So then that’s what, typically when you do, put a single family home you don’t need to get a grading permit. That’s just implied with the permit itself but when you use, when you do exceed the amount, 1,000 cubic yards, then you would need to get an interim use permit so therefore this went through that process. In reviewing the conditions then we look at, again as I stated, how we manage where it was being trucked to or how it was being applied on the site. Erosion control. Stormwater management and the like. Councilwoman Ernst: So the stormwater management, I saw that they’re putting a stormwater pond. Kate Aanenson: That’s correct. Councilwoman Ernst: Is that potential or is that something that. Kate Aanenson: These are the conditions of approval because the house will not be done until next spring and so this is typical. Again it’s the same thing that’s happening on Powers Pointe. They’re out there grading right now. There’s some things that can’t be established until next spring so there’s security put in place and then we’ll go back out and do an as-built survey. That’s required of the applicant to show that they’ve met those conditions so it will be inspected again before it can be released and it’s approved. Councilwoman Ernst: Okay. And again this would pertain to any applicant that is applying for a permit of a comparable situation? Kate Aanenson: That’s correct. Councilwoman Ernst: Okay. Thank you. Mayor Furlong: Okay. Any other questions? Is there a motion to approve? Councilwoman Ernst? Councilwoman Ernst: I make a motion, whoops. I’m on the Planning Commission. Was that the same one? Kate Aanenson: You can put the conditions on there, sorry. Councilwoman Ernst: I’m sorry. Mayor Furlong: Do you have a recommended motion? Kate Aanenson: Yeah we have a motion on there. 3 Chanhassen City Council – December 9, 2013 Councilwoman Ernst: I make a motion that City Council approves the Interim Use Permit to permit site grading at 8821 Sunset Trail subject to the conditions of the staff report and adopts the Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: Second. Mayor Furlong: Motion’s been made and seconded. Is there any discussion on the motion? Hearing none we’ll proceed with the vote. Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approves an Interim Use Permit to grade property for construction of a single family home on property zoned the following conditions and Agricultural Estate (A2) and located at 8821 Sunset Trail subject to adoption of the attached Findings of Fact and Recommendation: 1.The applicant must submit a revised grading plan which shows the contours from the land survey conducted before construction started and showing the proposed contours. 2.The applicant’s engineer must submit an earthwork estimate based on the existing contours from the land survey. 3.The ditch along the northern property line must be revised to prevent water pooling on the adjacent property. 4.The applicant must coordinate with City staff to find an acceptable alternative secondary septic site. 5.The grading plan must be modified so that slopes are not steeper than 3:1. The current plan shows a steeper slope on the southern berm. 6.Non-paved surface grades shall not be less than 2% to promote proper drainage. 7.The grading plan must show contours or elevation points nearby structures to confirm that water will drain away from existing and proposed structures. 8.A $1,500 escrow to guarantee restoration and erosion control measures will be required with the permit. 9.The applicant must provide a proposed haul route for review and approval. 10.An as-built grading plan is needed at the completion of site grading to ensure compliance with the approved grading plan. 11.The applicant must comply with any applicable local, state or federal permit requirements. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 4