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PC SUM 2004 08 17 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES AUGUST 17,2004 NOTE: At 6:00 p.m., the Planning Commission and staff visited the Moon Valley site in preparation for the public hearing relating to the site. Chairman Sacchet called the meeting to order at 7:05 p.m. MEMBERS PRESENT: VIi Sacchet, Bethany Tjornhom, Dan Keefe, Craig Claybaugh and Kurt Papke MEMBERS ABSENT: Rich Slagle and Steve Lillehaug STAFF PRESENT: Kate Aanenson, Community Development Director; and Matt Saam, Assistant City Engineer PUBLIC PRESENT FOR ALL ITEMS: Mitch Anderson 2853 Timberview Trail, Chaska PUBLIC HEARING: INTERIM USE PERMIT FOR SLOPE RESTORATION OF THE MOON VALLEY GRAVEL MINE. THE SITE IS ZONED AGRICULTURAL (A-2) AND IS LOCATED SOUTH OF THE HENNEPIN COUNTY REGIONAL RAILROAD. NORTH OF STATE HIGHWAY 212 AND EAST OF SORENSON ADDITION. APPLICANT: BEATRICE ZWIERS & MOON VALLEY AGGREGATES. INC.. PLANNING CASE NO. 04-27. Public Present: Name Mike Spiess Jim Aiken, McCain & Assoc. Cecil Martin L. M. Vassar Steve & Ange Smith Dan & Val Tester Justin Larson, Sathre-Bergquist, Inc. Dan Herbst, Pemtom Company Lonnie Ford Address 470 Flying Cloud Drive 434 2nd Street, Excelsior Eden Prairie Shakopee 240 Flying Cloud Drive 230 Flying Cloud Drive 150 South Broadway, Wazyata 7640 Crimson Bay 450 Flying Cloud Drive Matt Saam presented the staff report on this item. Commissioner Keefe asked about erosion control and tree planting/removal as well as where on the plan the grading is actually going to take place and how much material is going to be removed. Commissioner Tjornhom asked Planning Commission Summary - August 17,2004 where the creek on the site started and if it would be protected from erosion, if there would be a lot of trucks accessing the site, how long the grading operation would take, if there will be wintertime operations and how the material would be compacted. Commissioner Papke asked about how the site would be graded and whether or not there would be a mountain of fill sitting on the site over the five years. He also questioned the reforestation and if there was a plan to insure the survival of the seedlings. Commissioner Claybaugh asked if there was a monitoring process in place for the seedlings and for clarification on the amount of material to be exported and the phasing plan. Commissioner Keefe asked about environmental issues. Commissioner Sacchet asked about environmental status of some original tree growth, the amount of trees being cut, the creation of new bluffs, how the security amount was calculated, verification of the number of trees recommended for replacement, if the proposal is consistent with the City's Comprehensive Plan and if staff has seen any studies from the applicant regarding trees, topography, bluffs, utility services, wetlands and storm water. Matt Saam and Kate Aanenson responded to the Commissioners' questions. The applicant, Dan Herbst of The Pemtom Company, addressed the Planning Commission and answered questions from the Commission. After discussion, the following motion was made: Papke moved, Keefe seconded that the Planning Commission recommends approval of Interim Use Permit Planning Case #04-27 to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Bergquist, Inc., dated 7/16/04, subject to the following conditions: NOTE: The conditions in the staff report were incorrectly numbered 3-32 (original condition number shown below in parenthesis) but have been renumbered as 1-30. 1. (3.) The interim use permit shall be approved for a period of five (5) years from the date of City Council approval. Annually, the grading permit must be renewed. The applicant will need to request a formal extension 60 days prior to the expiration date of the permit. 2. (4.) The existing buildings and outbuildings and any septic system or wells on site shall be abandoned in accordance with City and/or State codes. 3. (5.) The applicant shall perform a Phase I Environmental Audit of the property to determine if the gun range or other site operations have environmentally impacted the property. 4. (6.) The applicant must provide the City with a cash escrow or letter of credit in the amount of $619,650.00 to guarantee erosion control measures and site restoration and compliance with the interim use permit. 5. (7.) Permits rrom the appropriate regulatory agency must be obtained; including but not limited to the MPCA and MnDOT. 6. (8.) Details for the proposed pond outlets shall be submitted for review by the City. 7. (9.) On-site ponding shall be adjusted, if necessary, at the time of site development to meet the City's requirements for proposed build-out conditions. 2 Planning Commission Summary - August 17,2004 8. (10.) If erosion control measures installed in conjunction with this interim use permit are deemed by the City to be ineffective, the City shall inform the applicant in writing of any deficiencies. The applicant shall work with the city to remedy the deficiencies in a timely manner. 9. (11.) Stabilization of the toe (first 150 feet of the slope) shall be completed immediately upon final grade. Stabilization shall be done in phases. Large portions of the site shall not be left exposed over weekends or during forecasted heavy rains. 10. (12.)The slopes shall be tracked with a dozer at all times. The dozer shall be run perpendicular to the slope to track the slope. 11. (13.) The northeast "corner" of the slope (north of soil boring 18, south of soil boring 14 and in-between soil borings 10 and 15) shall be stabilized so as to promote long term stability. This may include a terrace, turf reinforcement mat and slope drain. 12. (14.) All blankets installed on site shall be properly applied. The blankets shall make 100% contact with the soil, stapled according to manufacturer's specifications, and head trenched. 13. (15.) Geotextile and rip rap or geogrids or other approved stabilization shall be used to provide toe protection. 14. (16.) The seed mix specified (MN DOT 500) shall be changed to MN DOT Native mix 340 (Sandy Mid Height, dry conditions -i.e. south facing slope). An application rate of 16 pounds per acre is recommended (20 pounds per acre for hydro seeding or broadcasting). 15. (17.) Silt fence shall be installed at least 25 feet away from the toe of the slope to provide storage and allow the silt fence to function properly. As stated on the plan, the temporary sediment basins shall be installed prior to grading activities. Berms may be needed to divert runoff into the basins along TH 212. 16. (18.) The applicant must provide a proposed haul route for review and approval. 17. (19.) If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. 18. (20.) All disturbed areas as a result of construction are required to be reseeded and mulched within two weeks of site grading. 19. (21.) The applicant must pay the City an administration fee of$7, 124.00 prior to the City signing the permit. 20. (22.) Add the benchmark to the plan that was used for the site survey. 3 Planning Commission Summary - August 17,2004 21. (23.) End the grading on the eastern side of the creek at the proposed high-point elevation in the usable area of756. 22. (24.) In the future, when a development proposal is submitted, drainage and utility easements over the ponds and creek will be required. 23. (25.) Add Type 1 silt fence in the southeast corner of the site around the grading limits and around the proposed pond outlet 24. (26.) Permitted hours of operation will be 7:00 a.m. to 6:00 p.rn., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 25. (27.) Appropriate signage for hauling along TH 212 is required. 26. (28.) Tree preservation fencing must be installed at the edge of grading limits. 27. (29.) MNDOT Native Mix 340 be used for the seeding. 28. (30.) 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) 5x5 6x6 7x7 8x8 10 x 10 Trees per acre 1,742 1,210 889 681 436 29. (31.) A driveway access to 230 & 240 Erie Avenue must be maintained at all times during construction. 30. (32.) 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 5 to O. Chairman Sacchet summarized that the Planning Commission was very impressed with the applicant's vision and direction in not just cleaning up the site but leading to what ultimately can become a very positive development in the future. There were concerns about environmental impacts, how the neighboring property owners will be affected, the preservation of the creek area, and the large amount of material to be exported in terms of traffic and access to the site. 4 Planning Commission Summary - August 17,2004 APPROVAL OF MINUTES: Commissioner Tjornhom noted the verbatim and summary minutes of the Planning Commission meeting dated August 3, 2004 as presented. DIRECTOR'S REPORT: DESIGN GUIDELINES FOR MULTI-FAMILY RESIDENTIAL DEVELOPMENTS. The Commission directed staff to add more detail in the architectural style portion of the ordinance. A revised draft will be back on the September 21, 2004 meeting agenda. Chairman Sacchet adjourned the Planning Commission meeting at 8:30 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Kim Meuwissen 5