PC Minutes 05-20-2014Chanhassen Planning Commission – May 20, 2014
5.The plan shall be revised to show locations of proposed stockpile areas.
6.The proposed grades shall be no steeper than 3:1.
7.Staff recommends the use of minimum parking dimensions to reduce hard surface cover and
aid in the stormwater management of the property per City Code §20-1118.
8.The erosion prevention and sediment control plan must be compliant with Chapter 19 of
Chanhassen City Code.
9.The applicant must procure and comply with all required approvals from applicable
jurisdictional agencies.
10.The rip rap slope must be shown on the plans and erosion prevention and sediment control
practices shall be modified to accommodate this disturbance.
Building Official Conditions
1.The building addition is required to have an automatic fire extinguishing system.
2.All plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3.Detailed occupancy and building area-related code requirements cannot be reviewed until
further information is provided.
4.The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
Planning Conditions
1.All rooftop and ground equipment must be screened from views.
2.Any new signs must comply with the sign ordinance requirements.
3.Light levels for site lighting shall be no more than one-half foot candle at the project
perimeter property line. This does not apply to street lighting. Light fixtures shall be
downcast and the light shall be cut off at a 90-degree angle as required by the city code. All
fixtures shall be shielded.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
1601 & 1701 BLUFF CREEK DRIVE: REQUEST FOR AN “AFTER-THE-FACT” INTERIM
USE PERMIT FOR APPROXIMATELY 18,050 CUBIC YARDS OF FILL THAT WAS PLACED
ND
ON LOT 7, BLOCK 1, THE HESSE FARM 2 ADDITION (1701 BLUFF CREEK DRIVE)
BETWEEN MAY AND OCTOBER, 2013; AND A REQUEST FOR AN INTERIM USE PERMIT
FOR APPROXIMATELY 6,990 CUBIC YARDS OF FILL ON LOTS 6 AND 7, BLOCK 1, THE
ND
HESSE FARM 2 ADDITION (1601 & 1701 BLUFF CREEK DRIVE). THE PROPERTIES ARE
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Chanhassen Planning Commission – May 20, 2014
ZONED RURAL RESIDENTIAL. APPLICANT: EUREKA CONSTRUCTION. OWNER:
BRAD MOE, PLANNING CASE 2014-16.
Fauske: Thank you Chairperson Aller and members of the Planning Commission. Before you this item is
the Interim Use Permit application which actually is in two parts. The first part being for some fill that’s
already taken place and the second part requesting permission for some additional fill upon the site. This
th
is scheduled for the June 9 council meeting. The project proposer is Eureka Construction and the
property owner is Mr. Brad Moe. The site is located south of Highway 212 and west of Bluff Creek
Drive. It’s in a rural residential area. Access to the site was gained from Bluff Creek Drive. The interim
use permit process is required when grading operations are in excess of 1,000 cubic yards. The threshold
for a grading permit is 50 cubic yards and that’s to allow staff an opportunity to take a look at drainage
patterns. Make sure that erosion control devices are in place so when we get up to 1,000 cubic yards it’s
enough of a change where it warrants looking at a public hearing and making sure that residents around
the area are aware of the proposed project. In this case as I had mentioned there is some fill that had
already been taken place so they’re requesting an after the fact Interim Use Permit. Fill was placed on the
site between May and October, 2013. We don’t have the exact dates. The contractor working on the site
was notified and at that point when the grading, the fill operation ceased the site was seeded to get some
stabilization and they began to have conversations with staff to get the Interim Use Permit application in.
In this instance because we did not have accurate pre-grading information the application was directed to
use the 2011 contour data provided by Carver County in order to determine the approximate amount of
fill. The contractor calculated that to be 18,050 cubic yards is the amount of fill that was placed between
May and October of 2013. This unfortunately doesn’t show very well on the screens. It’s also included
in the packet as an attachment. It shows the 2011 condition per the Carver County grades and then the
current condition which is represented by topographic information that was collected by the contractor’s
surveying company. For the after the fact Interim Use Permit we did receive some comments from
MnDOT because MnDOT, their right-of-way exists to the north of the site. MnDOT had mentioned some
access control to the property that had been negotiated with the property owner. Staff wasn’t necessarily
included in all those conversations. The applicant has been in contact with MnDOT to get clarification on
what all requirements need to be met. As of Friday hadn’t heard back from MnDOT so we’ll continue to
work with the applicant and MnDOT to make sure that all of MnDOT’s concerns are addressed with the
after the fact Interim Use Permit. MnDOT comments also included a note that they believe that there
could potentially have been fill within the MnDOT right-of-way. Looking at the grading plan, that didn’t
stick out to me but again we want to have that conversation with MnDOT and make sure that all of their
concerns are addressed. And then the third comment with regards to the after the fact Interim Use Permit
is whether or not a drainage permit is required. In this scenario when, if the discharge rates for runoff to
the MnDOT right-of-way are increased, that’s when they start looking at requiring a drainage permit so
those are calculations that the contractor and his engineer have been having discussions and getting those
prepared so that we can have a conversation with MnDOT as far as what permits need to be required.
Any kind of on site mitigation to slow down that runoff entering the MnDOT right-of-way. And then
staff had a comment with the after the fact Interim Use Permit with regard to site stabilization. There are
still some areas that haven’t fully been established so we’d like to get an escrow in order to make sure that
those concerns are addressed and everything was revegetated.
Aller: Okay, any questions? I think the escrow is a great idea personally.
Fauske: Okay.
Aller: When you’re looking at activity prior to and now asking basically for forgiveness on something
that could have been prevented and maybe we wouldn’t need it in the first place so to protect the residents
here is a great idea.
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Chanhassen Planning Commission – May 20, 2014
Fauske: The other part of the application is for some additional fill. Included in the packet and shown
here is some proposed additional fill on the site. The drainage patterns remain essentially the same but
again we would be looking to the applicant and the applicant’s engineer to provide some information as
far as the peak discharge rates off of the site based on the current condition and the proposed condition.
Aller: Will that fill impact other than the MnDOT right-of-way?
Fauske: As far as?
Aller: You did the additional fill. Does it look like it would impact?
Fauske: No. It does not indicate any additional fill.
Aller: So most of those discussions will be between the applicant and MnDOT at this time.
Fauske: Correct.
Aller: Okay.
Fauske: Correct. With the proposed additional fill we would request that a haul route be provided.
That’s a standard request for the interim use permit so that staff can be aware of where trucks are hauling
to. Make sure that they’re on a road that’s built for those size of vehicles. Again the MnDOT’s
comments were similar, were the same as the after the fact request regarding access control, fill within the
MnDOT right-of-way. To clarify MnDOT didn’t specify whether the fill in MnDOT right-of-way was
based on the current condition or the proposed so those are questions that we’re trying to get answers
from MnDOT for and we’ll continue working with them. And again a drainage permit may be required
based on what we see for peak discharge rates. The staff report also includes some erosion control
measures that would have to be in place in order for the additional fill to take place, including an NPDES
permit. That’s a permit through the PCA because of the amount of fill involved and the amount, the area
being disturbed. And again an escrow to ensure that the erosion control is in compliance and the site
stabilization is done according to plan and that stabilization takes place. Based on staff’s review, staff has
provided a recommendation that the Planning Commission recommend that the City Council approve the
Interim Use Permits for site grading in excess of 1,000 cubic yards subject to the conditions of the staff
report and adoption of the attached Findings of Fact to the staff report. With that I would be happy to
answer any questions that the commission may have at this time.
Aller: Any questions? Mr. Weick.
Weick: Is the site being, is it being worked on for a future use? Not that it’s relevant necessarily to this
permit but.
Fauske: Not that we’ve, that we’ve been told. It was, I’m not aware of the conversations between the
property owner and the contractor.
Weick: Okay.
Aller: Okay. Hearing no other questions, if the applicant wishes to come forward and make a
presentation they can do so at this time. They don’t have to. Seeing no one come forward I’ll open the
public hearing portion of the hearing on this item. Anyone wishing to speak either for or against the item
can come forward and do so at this time. Seeing no one come forward, close the public hearing. Open it
for discussion.
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Chanhassen Planning Commission – May 20, 2014
Yusuf: Alyson?
Fauske: Yes.
Yusuf: So the applicant isn’t here but are we, or are you comfortable with the level of cooperation
between the staff and the applicant?
Fauske: I am. I’ve been working, I haven’t been working with the property owner. I’ve been working
with the contractor that’s done the work and he did mention at this point he’s not certain if he will
proceed with the additional fill on the site. Some of the comments from MnDOT were, he wasn’t really
necessarily comfortable with. I did explain to him that he’s now, that these conditions were based on the
fill that’s already taken place so I indicated to the applicant that before this goes before the City Council,
he needs to make that final determination if he would like to place the additional fill so he and I have been
in discussion with that as far as a final deadline.
Yusuf: Okay, thank you.
Aller: Commissioner Weick.
Weick: Yeah if I could, simplify this for me because this is sort of new to me.
Fauske: Okay.
Weick: Basically what we have is someone’s working on their land and they’re moving more dirt than is
allowed and so we need to, we need a permit in place so that they can move that much dirt. I mean is that
kind of what we’re?
Fauske: That’s correct. And also to make sure that, that the fill that was placed doesn’t adversely affect a
condition that exists around where the fill was place.
Weick: Yep, okay. Perfect. Thank you.
Aller: Okay. I’ll entertain a motion if there is one.
Undestad: I’ll make a motion. The Chanhassen Planning Commission recommends that City Council
approve the Interim Use Permits for site grading in excess of 1,000 cubic yards subject to the conditions
of the staff report and adoption of the attached Findings of Fact.
Aller: I have a motion. Do I have a second?
Yusuf: Second.
Aller: I have a motion by Commissioner Undestad, a second by Commissioner Yusuf. Any further
discussion?
Undestad moved, Yusuf seconded that the Chanhassen Planning Commission recommends that
City Council approve the Interim Use Permits for site grading in excess of 1,000 cubic yards subject
to the following conditions; and adopts the Findings of Fact and Recommendation:
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Chanhassen Planning Commission – May 20, 2014
After-the-Fact Interim Use Permit for 1701 Bluff Creek Drive
1.The applicant must comply with the conditions stated in MnDOT’s May 7, 2014 letter.
2.A $2,000 escrow must be submitted to ensure that the site is revegetated and the access area
is stabilized.
6,990 cubic yards of fill on 1601 and 1701 Bluff Creek Drive
1.The applicant must provide the proposed haul route to the Engineering Department for
review.
2.The applicant must comply with the conditions stated in MnDOT’s May 7, 2014 letter.
3.Perimeter control must be installed on all down-gradient perimeters of the site. The current
extent and location of perimeter control shown on the plan does not sufficiently reflect this
requirement.
4.Ditch/swale bottoms must be stabilized 200 feet back from the property edge or from the
point of discharge to surface waters (this includes stormwater inlets and catch basins). This is
not reflected on the current plan.
5.Inlet control (catch basin inserts) must be installed on all down-gradient inlets, including
along the curb on Bluff Creek Drive.
6.A NPDES Stormwater Permit for Construction Activity must be obtained from the
Minnesota Pollution Control Agency. The applicant must submit, and the City must receive,
a copy of the permit, as well as the Storm Water Pollution Prevention Plan.
7.Before additional fill can be placed an escrow totaling 110% of the estimated erosion control
costs must be submitted.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPROVAL OF MINUTES: Commissioner Weick noted the verbatim and summary Minutes of
the Planning Commission meeting dated May 6, 2014 as presented.
COMMISSION PRESENTATIONS:
None.
ADMINISTRATIVE PRESENTATIONS:
Aller: City Council action update.
Aanenson: Thank you Chairman, members of the Planning Commission. There’s just one item that
appeared before the Planning Commission and that was the code amendments that have been approved.
So that was it. And I also did include in your packet the two items that were presented to the City
Council last Monday that you were also in attendance on so just for your edification and then just a
reminder too that this Thursday night from 4:00 to 6:00 is an open house and if you can make it, that’d be
great. Just kind of see what the traffic level is on that and we will be having a second one in July so if
you can’t make that one, there’s another opportunity. We also have put this information, the boards have
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