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PC Staff Report 9-3-19PLANNING COMMISSION STAFF REPORT Tuesday, September 3, 2019 Subject Consider a Request for an Interim Use Permit for Mining Operations at 100 & 200 Flying Cloud Drive (Moon Valley Gravel Pit) Section PUBLIC HEARINGS Item No: C.2. Prepared By Bob Generous, Senior Planner File No: Planning Case No. 2019­09 PROPOSED MOTION: The Chanhassen Planning Commission recommends that City Council approve the Interim Use Permit, Planning Case #2019­09 to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre­ Bergquist, Inc., dated July 26, 2019, subject to the Conditions of Approval; and adopts the Findings of Fact and Recommendation. SUMMARY OF REQUEST The applicant is requesting an extension of the Interim Use Permit to continue the mining and excavation operation on the property. APPLICANT Dan Zwiers, Moon Valley Aggregate, Inc. SITE INFORMATION PRESENT ZONING:  Agricultural Estate District (A2) LAND USE:Residential High Density (8­16 units per net acre) ACREAGE:  72.24 acres  DENSITY:  NA  APPLICATION REGULATIONS Chapter 7, Article III.  Excavating, Mining, Filling and Grading Chapter 20, Sections 20­231 through 20­237, Conditional Use Permits (Interim Use Permits are processed in the same manner as Conditional Use Permits.) Chapter 20, Article X. “A2”, Agricultural Estate District BACKGROUND PLANNING COMMISSION STAFFREPORTTuesday, September 3, 2019SubjectConsider a Request for an Interim Use Permit for Mining Operations at 100 & 200 Flying CloudDrive (Moon Valley Gravel Pit)Section PUBLIC HEARINGS Item No: C.2.Prepared By Bob Generous, Senior Planner File No: Planning Case No. 2019­09PROPOSED MOTION:The Chanhassen Planning Commission recommends that City Council approve the Interim Use Permit, PlanningCase #2019­09 to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre­Bergquist, Inc., dated July 26, 2019, subject to the Conditions of Approval; and adopts the Findings of Fact andRecommendation.SUMMARY OF REQUESTThe applicant is requesting an extension of the Interim Use Permit to continue the mining and excavation operation onthe property.APPLICANTDan Zwiers, Moon Valley Aggregate, Inc.SITE INFORMATIONPRESENT ZONING:  Agricultural Estate District (A2)LAND USE:Residential High Density (8­16 units per net acre)ACREAGE:  72.24 acres DENSITY:  NA APPLICATION REGULATIONSChapter 7, Article III.  Excavating, Mining, Filling and GradingChapter 20, Sections 20­231 through 20­237, Conditional Use Permits (Interim Use Permits are processed in the samemanner as Conditional Use Permits.)Chapter 20, Article X. “A2”, Agricultural Estate District BACKGROUND On September 28, 2009, the Chanhassen City Council approved an Interim Use Permit, Planning Case #09­14, to permit grading, excavation and slope restoration.The Interim Use Permit was approved for ten years. RECOMMENDATION Staff recommends that the Planning Commission approve the Interim Use Permit to permit mining of the property subject to the conditions of the staff report; and adopts the Findings of Fact and Recommendation. ATTACHMENTS: Staff Report Findings of Fact and Recommendation Development Review Application Plan Sheets ­ Pages 1­3 Plan Sheets ­ Pages 4­6 Plan Sheets ­ Pages 7­9 Carver County Memorandum Affidavit of Public Hearing Mailing CITY OF CHANHASSEN PC DATE: September 3, 2019 CC DATE: September 23, 2019 REVIEW DEADLINE: October 1, 2019 CASE #: 2019-09 BY: GB, RG, EH, JS SUMMARY OF REQUEST: The applicant is requesting an extension of the Interim Use Permit (IUP) to continue the mining and excavation operation on the property. LOCATION: 100 and 220 Flying Cloud Drive South of Hennepin County Regional Railroad, north of Flying Cloud Drive and east of Sorensen Addition. PIDs: 25-0360200 and 25-0360700 APPLICANT: Dan Zwiers Moon Valley Aggregate, Inc. 11111 Deuce Road Elko, MN 55020 (612) 720-5154 distintivetruck@gmail.com PRESENT ZONING: Agricultural Estate District, A-2 2020 LAND USE PLAN: Residential – High Density (net density range 8-16 units per acre) ACREAGE: 72.24 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has limited discretion in approving or denying IUPs, based on whether or not the proposal meets the use standards outlined in the Zoning Ordinance. If the city finds that all of the applicable use standards are met, the permit must be approved. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting an extension of the interim use permit to mine gravel from the site located north of Flying Cloud Drive, approximately one mile east of Highway 101. The original IUP was granted on September 27, 2004 to Beatrice Zwiers of Moon Valley Aggregates, Inc. In 2006, Terry Brothers, Moon Valley, LLC took over the grading, excavation and slope restoration PROPOSED MOTION: “The Chanhassen Planning Commission recommends that City Council approve the Interim Use Permit, Planning Case #2019-09, to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Bergquist, Inc., dated July 26, 2019, subject to the Conditions of Approval and adopts the Findings of Fact and Decision.” Moon Valley IUP Planning Case 2019-09 September 3, 2019 Page 2 operation. Terry Brothers has requested that the IUP be extended since there is a decrease in demand for the product due to the lower valued soils located on the active mining site. The applicant would like to extend the mining to the western portion of the property. There is approximately one million cubic yards of material to be removed from the site; the applicant anticipates this will take 10 years to accomplish. Staff has not received any complaints related to the site operations. The applicant is requesting a 10-year extension to the IUP to permit the excavation, grading, and restoration of the existing mining pit and a future development area west of the mining pit. The existing IUP had a 10-year time limit, which was set to end in September, 2019. The operation will require the removal of approximately1.8 million cubic yards of material from the site. However, staff believes a five-year extension is more appropriate to allow the city a better opportunity to evaluate and track the progress of the mining operation. The project site is adjacent to the Richard T. Anderson Conservation Area in Eden Prairie. To the south across County Road 61 (Flying Cloud Drive) are the Minnesota Valley Wildlife Refuge, the Minnesota River and State Wide Auto Salvage, Inc. To the north are the Hennepin County Regional Trail and the Settlers West subdivision. Access to the site is proposed via County Road 61. The proposed site grading and slope restoration will prepare the site for future development when urban services are available, stabilize the site to reduce run-off and erosion, and permit the vegetation, especially the trees, to grow between now and the time the site is developed. A Phase I Environmental Audit dated November, 2004 was prepared by McCain and Associates, Inc. for Moon Valley Aggregates, Inc. This audit pointed out several recognized environmental Moon Valley IUP Planning Case 2019-09 September 3, 2019 Page 3 issues that needed to be addressed. A Phase II Site Investigation Work Plan was prepared for the Moon Valley property in July, 2005. The Phase II study spelled out the environmental cleanup that would be performed on the site. Lead in the gun range was cleaned up. All house structures have been removed from the site. The house well has been capped. APPLICABLE REGULATIONS Chapter 7, Article III. Excavating, Mining, Filling and Grading Chapter 20, Sections 20-231 through 20-237, Conditional Use Permits (Interim Use Permits are processed in the same manner as Conditional Use Permits) Chapter 20, Article X, “A-2”, Agricultural Estate District BACKGROUND On September 28, 2009, the Chanhassen City Council approved Interim Use Permit, Planning Case #09-14, to permit grading, excavation and slope restoration. The IUP was approved for ten years. On September 27, 2004, the Chanhassen City Council approved Interim Use Permit, Planning Case #04-27 to permit grading, excavation and slope restoration. The IUP was good for five years. February 1996, the city executed an earthwork permit agreement resolving the mining operation and restoration. June 22, 1992, the Chanhassen City Council approved an earthwork permit for the mining operation (IUP #92-4). SITE CONSTRAINTS Wetland Protection There is a wetland located on property. The proposed grading does not directly impact the wetland. Bluff Protection There are bluffs on the property. Shoreland Management The property is located within the Shoreland Overlay District for Rice Lake. Moon Valley IUP Planning Case 2019-09 September 3, 2019 Page 4 Floodplain Overlay This property is not within a floodplain. ACCESS Access to the properties are from CSAH 61, Flying Cloud Drive. GRADING, DRAINAGE AND EROSION CONTROL The applicant has submitted an updated plan showing what areas are untouched, the areas that are currently being graded, and the areas that have been graded and restored. Staff is requesting a phasing plan, a summary of the quantities removed and a summary of the quantity of remaining material to be removed. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. The applicant last received an IUP to excavate approximately 1.8 million cubic yards of material from the site in 2009. To date, the mine has reported approximately 400,000 cubic yards of material excavated since. The goal of the grading was to restore the severe erosion areas on the site and to leave the site in a condition that would allow future multi-family housing to be developed. Similar to the previously approved IUP, the applicant is proposing to grade down at steep, 40% (2.5:1) slopes from the high points on the north and south sides of the property. This will allow a relatively flat area with a gentle slope of 4% (25:1) to be developed in the center of the property. The flat area will be developed into multi-family housing sites when municipal sewer and water is extended to the area in the future. Permanent vegetation will be established over all bare soil areas. Moon Valley IUP Planning Case 2019-09 September 3, 2019 Page 5 Previously, a restoration plan for the main pit area east of the creek had been prepared in 1992 and approved by the city for this site. The 1992 plan proposed to grade approximately three acres of bluff area with 3.9 acres of tree removal. The 2009 proposal had approximately 2.6 acres of bluff grading and 7.3 acres of tree removal approved. While the 2009 plan resulted in more tree loss, the impact to the bluff area was less than the previously approved plan. Also, the amount of total usable or developable area for the entire site was increased from approximately 8.5 to 14 acres. In an effort to try and preserve more of the mature trees on the site, staff recommended in 2009 that grading on the east side of the creek cease at or above the 756-foot contour as a condition of approval. This was approved and staff recommends the same conditions be implemented for the current IUP application for the site as this would preserve approximately 1.6 acres of additional tree canopy while decreasing the bluff impact from 2.6 to 2.4 acres. The usable area available on this east side will still be 12.4 acres, which is nearly four acres greater than the 1992 plan and consistent with the 2009 plan. The existing site generally drains from the north to the south. There is an existing creek/wetland which runs through the center of the site. Eventually, the entire site drains to the Minnesota River valley through existing culverts under County Road 61 (Flying Cloud Drive). Under proposed conditions, the entire graded site area will drain to the two proposed ponds on either side of the creek which divides the site. Pond 1, on the west side of the creek, will outlet to the adjacent creek, and the existing pond (Pond 2) outlets to the County Road 61 ditch. Each of the ponds was previously designed to NURP standards and sized for the future developed state of the site. The previously submitted drainage calculations showed that the existing 10- and 100-year runoff rates were being met, per City Code. As City Code and the pond areas have changed over the Moon Valley IUP Planning Case 2019-09 September 3, 2019 Page 6 past 10 years, the applicant shall provide updated calculations that meet Chapter 19 Article VII of City Code. In the future, when a development proposal is submitted, drainage and utility easements over the ponds and creek will be required. Erosion control has been shown on the plan in accordance with industry best management practices. Continued efforts shall be made by the applicant to ensure erosion control practices remain up to date with City Standards, ordinances, and best management practices. Staff recommends additional silt fence in the southeast corner of the site around the grading limits when grading reaches this area, around the proposed pond outlet apron, and around the spent lime stockpile. All disturbed areas are required to be reseeded and mulched within two weeks of site grading. If erosion control measures installed in conjunction with this IUP are deemed by the city to be ineffective, the city will inform the applicant in writing of any deficiencies. The applicant will be required to remedy the deficiencies prior to continuing grading operations. The required remedy(ies) may include, but are not limited to: increased frequency of plantings, additional erosion control blanket, or terracing of the northernmost slope to permanently break up the length of the slope. Phasing is a very important management tool for erosion control, thus the existing grading east of the creek shall be restored and achieve final stabilization prior to grading and mining west of the creek. Stabilization of the toe (first 150 feet of the slope) is needed immediately upon final grading. Stabilization should continue to be done in phases. Large portions of the site should not be left exposed over weekends or during forecasted heavy rains. The slopes should be tracked with a dozer at all times. The dozer should be run perpendicular to the slope to track the slope. Due to the steep slopes and long runs of the slope, bio-rolls may be needed to aid in stabilization of all the slopes. Bio-rolls would help break up the length of slope and minimize erosion potential of the slope with the erosion control blankets. Six-inch bio-rolls are needed every 15 to 20 feet. Proper blanket application is crucial for this site. The blankets must make 100% contact with the soil and stapled according to the manufacture’s specifications. The staple pattern is vital to proper blanket function. The blankets should be head trenched as well. Geotextile and riprap or geogrids or other approved stabilization is needed to provide toe protection; there is a chance the toe of the 2.5 to 1 may start head cutting without toe protection. The seed mix shall be MN State Seed Mix 35-621 (Dry Prairie Southeast). Depending on the final soil used, blanket application may be difficult. If the soil is too sandy, stapling the blanket over long runs will be futile. ‘Terracing’ blankets or using strips of blankets with a heavy application of the seed mix (20 pounds per acre) and hydro mulch will be needed. The northeast “corner” of the site was a previous area of concern for instability addressed in 2009. It was recommended that a terrace, turf reinforcement mat and slope drain was likely needed in this area to promote long-term stability. On August 28, 2018, a letter was sent by staff to the applicant which addressed sluffing and a high level of erosion within the area of concern (northeast “corner” of the site). While the applicant was responsive to the request for Moon Valley IUP Planning Case 2019-09 September 3, 2019 Page 7 stabilization, the area still remains of concern. The applicant shall provide an assessment of this location by a registered geotechnical engineer to ensure no excessive slumping or obvious slope failures exist, along with recommendation of remediation (if any). Silt fence should 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, Pond 2 and the temporary sediment basin have been constructed. The applicant will be required to clean out Pond 2 and the temporary sediment basin to ensure adequate storage based on the updated runoff calculations and design of the stormwater structures. Coordination of these activities with the CSAH 61 project are required. Subsurface stormwater movement should be considered with surface movement of stormwater. When considering stormwater management, installation of draintile at the toe should be considered to reduce any future possibility of sloughing due to saturation from groundwater or slope seepage. Final restoration plan east of the unnamed creek: Moon Valley IUP Planning Case 2019-09 September 3, 2019 Page 8 DRAINAGE AND EROSION CONTROL The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). All erosion control shall be installed and inspected prior to initiation of site grading activities. The applicant should be aware that if excess material is transported to another site in Chanhassen, a separate grading permit will be required for the other property. 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. A proposed haul route must also be submitted as required. In addition, appropriate signage for hauling along County Road 61 will be required and the new CSAH 61 will be rated for a 10-ton per axle road. All oversize/overweight loads leaving the mining operation to the east must apply for Hennepin County Transportation OS/OW trip permits. 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 July 26, 2019. This must be continually reflected on all subsequent plan submittals. Terminating the grading at this elevation would follow the natural drainage pattern in the area. It would also alleviate the need for additional storm sewer in the future in order to capture the drainage and route it back to Pond 2. The future developable area available would still be 12.4 acres. A phasing plan shall be required on an annual basis. The plan shall be subject to city staff review of conformance with the conditions of the IUP. Financial security to guarantee restoration and erosion control measures will be required with the annual updated phasing plan. The plan is also subject to administration fees. An administration fee shall be collected each year and shall be based on the current year’s development review fee for IUPs from Chapter 4 of City Code. The applicant will need to request a formal extension 60 days prior to the expiration date for the IUP. The applicant provided the city with an original cash escrow in the amount of 110% of the construction costs (balance to date of $87,295.24) in 1996. This escrow is to guarantee erosion control measures, site restoration, and compliance with the IUP. The amount of the security shall be established annually and shall be submitted by the anniversary of the date of City Council approval. Moon Valley IUP Planning Case 2019-09 September 3, 2019 Page 9 Silt fence shall be furnished in accordance with MnDOT Construction Standards, Section 3886. Machine-sliced or Hand-installed woven geotextile 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. Machine-sliced or Hand-installed woven geotextile silt fence must be reinforced using sediment logs, wire backing, or other effective Best Management Practice. 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. 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. All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated July 26, 2019, and phasing plan to be submitted by applicant. LANDSCAPING Tree preservation fencing must be installed at the edge of the grading limits. No tree removal is allowed beyond the 756 contour on the east side of the creek. MN State Seed Mix 35-621 shall be used for the seeding. 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 MISCELLANEOUS The permit holder must use and maintain accepted Best Management Practices for erosion control, including but not limited to construction entrances to limit tracking or scaring of the new road surface. The new CSAH 61 will be rated for a 10-ton per axle road. All oversize/overweight loads leaving the mining operation to the east must apply for Hennepin County Transportation OS/OW trip permits. UTILITIES City utilities are not available at present to the property. Moon Valley IUP Planning Case 2019-09 September 3, 2019 Page 10 RECOMMENDATION Staff recommends that the Planning Commission approve the IUP to permit mining of the property subject to the following conditions and adopt the Findings of Fact and Recommendation: Engineering 1. The interim use permit shall be approved for a period of five (5) 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. The phasing plan shall address the spent lime stockpile and equipment removal. 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. The applicant shall provide updated stormwater and drainage calculations that meet the requirements set forth in Chapter 19 Article VII of City Code. 7. The applicant shall clean out the existing Pond 2 and the temporary sediment basin based on the stormwater and drainage calculations and design of Pond 2 and the sediment basin. 8. 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. 9. 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. 10. 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 July 26, 2019. Moon Valley IUP Planning Case 2019-09 September 3, 2019 Page 11 11. If any excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. 12. The new CSAH 61 will be rated for a 10-ton per axle road. All oversize/overweight loads leaving the mining operation to the east must apply for Hennepin County Transportation OS/OW trip permits. 13. Machine-sliced or Hand-installed woven geotextile 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. Machine-sliced or Hand-installed woven geotextile silt fence must be reinforced using sediment logs, wire-backing, or other effective Best Management Practice and meet the specifications of MnDOT Standard Specifications for Construction (Section 3886). 14. 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. 15. 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. 16. All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated July 26, 2019, and phasing plan to be submitted by the applicant. 17. A driveway access to 230 and 240 Erie Avenue must be maintained at all times during construction. 18. Grading west of the unnamed creek shall not commence until the grading on the existing mining operation and site restoration has been completed east of the creek. 19. The applicant must comply with all Carver County requirements and coordinate the mining activities with Carver County. Environmental Resources 1. Tree preservation fencing must be installed at the edge of grading limits. 2. No tree removal is allowed beyond the 756-foot contour on the east side of the creek. 3. MN State Seed Mix 35-621 shall be used for the seeding. 4. 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 Moon Valley IUP Planning Case 2019-09 September 3, 2019 Page 12 of the slope. The approximate number of trees needed is 20,000 (7’ x 7’ spacing). A minimum of 75% survival rate for plantings must be achieved. Tree tubes are required for plantings. 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 Miscellaneous 1. Permit holder must use and maintain accepted Best Management Practices for erosion control, including but not limited to construction entrances to limit tracking or scaring of the new road surface. 2. The new CSAH 61 will be rated for a 10-ton per axle road. All oversize/overweight loads leaving the mining operation to the east must apply for Hennepin County Transportation OS/OW trip permits. ATTACHMENTS 1. Findings of Fact 2. Development Review Application 3. Moon Valley Plan Sets Sheets 1-9 4. Carver County Access Review Comments Dated August 26, 2019 5. Public Hearing Notice and Mailing List g:\plan\2019 planning cases\19-09 moon valley gravel pit iup\staff report moon valley iup.doc 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Moon Valley Aggregates, Inc. (Dan Zwiers) for an Interim Use Permit to permit grading, excavation and slope restoration. On September 3, 2019, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Moon Valley Aggregates, Inc. (Dan Zwiers) for an Interim Use Permit for the property located at 100 and 220 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed interim use which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District (A2). 2. The property is guided by the Land Use Plan for Residential High Density use. 3. The legal description of the property is: All that part of Government Lot 1, Section 36, Township 116, Range 23, Carver County, Minnesota, which lies northerly of Trunk Highway No. 212; and, 27 acres in the west half of northeast ¼ south of the railroad and north of Trunk Highway No. 212, Section 36, Township 116, Range 23, Carver County, Minnesota; 1 acre in Government Lot 3 north of Trunk Highway 212 being that part of the northwest ¼ of the northeast ¼ and the northeast ¼ of the northwest ¼ in Government Lots 2 & 3, Section 36, Township 116, Range 23, Carver County, Minnesota. 4. When approving an Interim Use Permit, the city must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: a. The mining operation will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The site work will result in the stabilization and re-vegetation of the slope and the reduction in site erosion. 2 b. The mining operation will be consistent with the objectives of the city's comprehensive plan and the zoning code by creating a future development area that may be developed consistently with the land use designation of the property and through the protection and stabilization of the slopes. The earthwork will be maintaining the site in a form suitable for residential use which is compatible with the Comprehensive Plan and this chapter. c. The mining operation 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 because the site will be re- vegetated and the slopes stabilized reducing site erosion. The aesthetics of the site will be enhanced with the elimination of the gullies/ravines in the site and the establishment of site vegetation. d. The mining operation will not be hazardous or disturbing to existing or planned neighboring uses because the grading and drainage will be contained within the site perimeters. Additionally, hours of operation are limited and specific conditions of approval will be in place and enforced by the city. e. The mining operation 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 since development of the site will be delayed until urban services are available. The use is temporary which does not need to be served by public facilities and services. The proposed grading will prepare the site for future development. The development of the site will require additional city review and approval. f. The mining operation will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community since this is a temporary use. When the site is developed in the future, the development will enhance the city’s economic welfare. g. The mining operation will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The proposed grading could result in a temporary increase in traffic, noise and fumes. The conditions of the approval will provide standards by which the activities should be minimized. h. The mining operation will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Through the use of signage, limits on the hours of operation, and if traffic becomes congested, additional limits on the hours of hauling operation could be instituted, potential traffic problems will be mitigated. 3 i. The mining operation will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The proposal will result in the removal of some existing canopy. However, the site will be re-vegetated and there will be less bluff impact vis-à-vis the previously approved grading/restoration plan for the site. j. The mining operation will be aesthetically compatible with the area since the grading and re-vegetation of the site will improve the site aesthetics. k. The mining operation will not depreciate surrounding property values since the plan will improve the site and its impacts on the surrounding properties. l. The mining operation will meet standards prescribed for certain uses as provided in Chapter 7, Article III of the Chanhassen City Code. 5. The planning report #2019-09 dated September 3, 2019, prepared by Erik Henricksen, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Interim Use Permit to permit grading, excavation and slope restoration subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 3rd day of September, 2019. CHANHASSEN PLANNING COMMISSION BY:___________________________________ Steven Weick, Chairman g:\plan\2019 planning cases\19-09 moon valley gravel pit iup\findings of fact.doc Sore^o1 COiliiUNITY DEVELOPiIENT DEPARTTENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1'l1o APPLICATION FOR DEVELOPMENT REVIEW suumitatDate: ? Ia / fA PC Date q 3 I ccoate:Q /an lrq SGDay Review Date:to( tI Lc Section 1: Application Type (check all that apply) (Refer to tp apprcpiate Applitxtin c/?f,cldistr tor ,pqui.E,d submiftal infomat*m tl!€,l musl a@npany this applbatim) n Comprehensive Plan Amendment......................... $600 ! SuMivision 1suB1E Minor MUSA line br f;ailing on-site sewers.....$100 E Create 3 lots or less ........................................ $300E create over 3 lotsD Conditional Use Permat (CUP) ! Single-Family Residence ... E rut ottrers...... E p ntt otners...... E nezoning 1nez1E Planned Unit Oevelopment (PUO).... n Minor Amendment to existing PUD... E A others...... E Sign Plan Review.......... E site Plan Review (SPR) E Administrative......... lnterim Use Permit (lUP) fl ln conjunction with Single-Family Residence.. $325 .....................$600 + 915 per tot(__ lots)E Uetes & Bounds (2 lots). E Consolidate Lots..... ... ... .. E Lot Line Adjust nent........ E Final Plat......................... (lncludes $450 escrow for attomey cosb)' 'Additbnal es$ow may be ,equired ior other applications through the development contrad. E Vacation of Easements/Right-of-way (vAC)........ $300 (Additional recording fees may apply) .. $325 ..$425 $425 $7s0 $100 $s00 $1s0 .... $100 ....9500 $300 $1s0 $1s0 $700 tr tr E Commerciaulndustrial Districts' Plus $'10 per 1,000 square feet of building area( thousand square feet) 'lnclude number of g!!s!Dg enployees: Variance (VAR) ...... . Wetland Alteration Permit (WAP) E Singl+.Family Residence........ .. $200 E Att ohers......... D zoning Appeal........ E Zoning ordinance Amendment (ZOA)........-........ $500 $200 . $150 .$27s $100 'lnclude number of @!t employees: tr nesioentiar oiiiti"t"-.....--f -.-.......---..--- Ssoo !QIE*: when rnuhirlc 'Pplio'tior rrt Foo'ss'd concurrundv' Plus $5 per dwelling unit r uni;i th' 'PPropritt' lbc sh'll b' oh"god ior .toh rPPllottion' K * d" Notification Sign (city to install and remove) Property Owners' List within 500' (city to generate after pre-application meeting) ..... Escrow for Recording Oocuments (check all that E Conditional Use Permit app D lv)........................... lnterim Use Permit E Vacation E variance n Metes & Bounds Subdivision (3 docs.) E Easements ( easements) .... .. ...$3 per address t lSaddresses) ....... $50 per document E site Ptan Agreernent Alteration ,ko E weuanoE oeeos TOTAL FEE Permit Section 2: Required lnformation Description of Proposal: Mootl \)all -t truP L(\on*;on flz:r,,e cloJ Drit-loo + 2o0Property Address or Location Parcel #:Legal Description:Lol Weuands PresenP ! Ves E tto 3 .49 Total Acreage: Present Zoning Present Land Use Designation: Requested Zoning . Select One Requested Land Use Designation:Select ne E ffnecX box if separate nanative is attached AUb 0z z0lg SCfNNEt) Select One One Existing Use of Property: et Section 3: Property Owner and Applicant lnformation APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter perteining to this application. I ' rill keep myself informed of the deadlines for submission of material and the progress of this applic€tion. I further understand that additional fees may be charged ior consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and conect. Name:Contect: Phone:Address: City/State/Zip Email: study. Name Address:ill City/State/Zip: Email <. Signature PROJECT ENGINEER (if appl icable Name: Address ?orla (/f / aaaual conect. "azti,:,, o Cell , ar\.r.- Fax: Cell: Fax: Date Davt Z ie,t'5 phone: 6ra 'f'zo-5154 Datei 7-3o- 11 Signature I certity that the information and exhibits submitted are true and ) Contact: Phone:o0 i lvl tlt {szq I sa{1"te..Conn This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Bebre filing this application, rerer to the appropriate Application Checklist and conEr with the Planning Department to determine the specific ordinance and applicable procedural requirements and Ees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. Section 4: Notification lnformation Who should roccive copi6s ot staft r.ports? trn Property Owner Via: ! EmailApplicant Via: D Emailn Engineer Ma: E EmailE omer Via: E Emait E ttiitaiteo Paper copy E ttrtaileo Paper copy E tvtaiteo Paper copy E uaneo Paper copy Address INSTRUCTIONS TO APPLICANT: Com plete all necessery form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payrnent. SUBMIT FORM b send a digital copy to the city for processing SAVE FORTI PRINT FORM SUB N FORM PROPERW OWNER: ln signing this application, l, as property owner, have tull legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I turther understand that additional fiees may be charged br consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the + city/state/zip: Email: Cell: Fax: 'Othor Contact lntomation: No-o ciMstate/zip: Email: Carver County Public Works 11360 Highway 212, Suite 1 Cologne, MN 55322 Office (952) 466-5200 | Fax (952) 466-5223 | www.co.carver.mn.us CARVER COUNTY August 26, 2019 City of Chanhassen c/o Bob Generous, AICP Senior Planner Phone: 952-227-1131 bgenerous@ci.chanhassen.mn.us Re: Development / Access Review Comments: Moon Valley Pit CUP Extension Plat on County Highway 61 Thank you for the opportunity to review the subject development in the City of Chanhassen. Please reference the Public Works Development Review Process document on the County’s website for detailed instructions. Provided the land use proposal is a plat, the County assumes compliance with State Statute 505.03 Subdivision 2 regarding road authority review for plat approval. Consistent with the County Comprehensive Plan and County Codes, the following are comments and recommended conditions of approval and as potential requirements for any necessary permits to be issued for the project: 1. The proposed Land Development Proposal appears to include several parcels all of which are located adjacent to County Highway 61 and the Minnesota River Bluffs Regional Trail, for which the County is a formal authority or agent for the right of way and facilities. As part of any final approval, a comprehensive parcel and plan map will need to be provided to the County for review and approval showing all of the parcels and buildings from 100 Flying Cloud Drive to 220 Flying Cloud Drive, the City of Chanhassen, Erie Avenue, the Mn River Bluff Regional Trail, and those parcels of 450-470 Flying Cloud Drive, including any and all access permits and cross-access easements related thereto. 2. A comprehensive plan map of the proposed development and lots involved will need to be provided showing the highway right of way adjacent to the subject properties and along County Hwy 61 (Flying Cloud Drive) and the Minnesota River Bluffs Regional Trail. Current info shows that the right of way varies between approximately 80 ft. to 90 ft. along the property frontage. The preferred right of way for a County Highway with a two-lane undivided rural roadway section is 120 ft., or 60 ft. from centerline (Draft 2040 Comprehensive Plan). In addition, this section of County Highway 61 is identified as a Tier 1 RBTN Alignment, as designated by the Metropolitan Council. The preferred right of way for a two-lane undivided rural County Highway with a trail on one side increases by 20 ft. to 140 ft. total. A clear denotation of a setback shall be included and shown on the plan set of between 90 ft. and 100 ft from centerline. The planned ROW and needs for the Regional Trail will need further coordination with the County and the Hennepin County Regional Rail Authority. 3. An overall access plan will need to be provided and reviewed and approved by the County related to the Regional Trail and Co Hwy 61. Revisions and / or further review of the access points and turn lane plans for the uses, parcels, and frontage along Co Hwy 61 are needed. This segment of County Highway 61 is designated as Category #5A in the 2040 Comprehensive Plan Access Spacing Guidance. The access spacing for this roadway type is: ½ mile full intersection spacing and ¼ mile secondary intersection spacing. The existing access is a full access located approximately 0.32 miles east of Erie Ln. (private road) and approximately 0.39 miles west of the Anderson Conservatory Access. The proposed access just west of Erie Avenue is too close to Erie Ave and the culvert crossing facility of Flying Cloud Drive and will need to be reviewed further. A better location is at the western most parcel line where the existing access serves the 450-470 Flying Cloud Drive addresses. In addition, right turn lanes and left turn lanes may be required unless otherwise determined or provided. 4. An updated Grading, Drainage, Erosion Control Plan, and Stormwater Plan will need to be provided to the County for review and approval. Among other things, the subject Plan will need to show how it relates to the current Co Hwy 61 Reconstruction Plan, the Regional Trail Reconstruction Plan, and related facilities, grading, stormwater, and highway / trail rights of way. 5. All the ponds noted (and unnoted) on the plans will need further review and approval by the County, and eventually reflected in any updated Grading, Drainage, Erosion Control Plan, and Stormwater Plan. a. The most western Pond-1 is located on a City of Chanhassen parcel and the County requests a report of due diligence for western Pond-1 to verify that a pond can be placed in this area due to proximity to potentially contaminated soils. In addition, this pond will need to show how it relates to the current Co Hwy 61 Reconstruction Plan and related facilities and highway right of way. More review and approval of western Pond-1 by the County is required. b. The contours appear to show road and drainage ditches east of western Pond-1 (western Pond-1) that connects/outlets directly to County Highway 61 and bypasses the pond. Please provide more information on what this is. If this is the case, it should connect to the existing Erie Avenue private road to the west. c. It appears that Pond-2 will only capture runoff from the site directly west of the pond based on the contours. The County has existing issues with erosion onto County Highway 61 at the main driveway with rain events. This issue needs to be addressed with the current plans and any expansion. The plan appears like it will make it worse with the east expansion or at least leveling of the site, as it all appears to free flow towards the main driveway unmanaged, based on the County’s information at this time. d. The plans or site currently does not propose a formal pond just to the east of Erie Avenue, the existing creek, and new eastern Pond-1; however, there is an existing informal pond in this location that appears to add flow and silt to this sub area and drainage under Co Hwy 61. A response and clear remedy on the plans related to this will need to be provided for review and approval by the County. 6. The development plan’s interim use and permanent final plans related to but not limited to grading, stormwater / drainage facilities, embankment, erosion control, right of way, and access to and along the Minnesota River Bluffs Regional Trail will need to be reviewed and approved by the County and Parks Manager. 7. The development plan will need to provide some form of reciprocal cross access easement / agreement and construction and maintenance easement / agreement to the County from Co Hwy 61 to the Minnesota River Bluffs Regional Trail at various points, and for the interim and permanent final plans, to be reviewed and approved by the County and Parks Manager. 8. The development plan’s final grading plans, drainage flows, ponds, and right of way along the Regional Trail will need to be reviewed and approved. Prior to development approval, the County will need to review and approve an exhibit drawing with cross sections of the Regional Trial showing proposed grades for the trail and subject lots for the entire frontage of the trail in increments of 50-100 ft sections. A grading permit will be required for grading work within the trail / highway right of way or for any facilities affecting or flowing into or under such right of way. 9. The development plan’s final grading plans, drainage flows, ponds, and right of way along County Highway 61 will need to be reviewed and approved. Prior to development approval, the County will need to review and approve an exhibit drawing with cross sections of County Highway 61 showing proposed grades for the roadway and subject lots for the entire frontage of Co Hwy 61 in increments of 50-100 ft sections. A grading permit will be required for grading work within the highway right of way or for any facilities affecting or flowing into or under the right of way. 10. A final check with the County is required for stormwater/drainage, utility, and access easement needs, as well as water / sewer main and utility needs and locations along County Highway 61 and the Minnesota River Bluffs Regional Trail. 11. The technical details of the parcels of plat, its boundaries and form(s) will need to be reviewed and approved by the County Surveyor. 12. For any work planned or required on a county highway, county or regional trail facilities, the City will be required to enter into a Joint Powers Agreement (JPA) with the County to formalize that the City is required to be responsible for Plans, Specifications, and Engineering (PS&E) to the County’s standards and requirements, including Construction Administration and Inspection and related activities. Such work requires a CSAH State Aid certified professional engineer and a series of meetings and project development with the County prior to any formal right of way or utility permit applications, to include project scoping, concept development, 30-60-90 PS&E plan development, review, and approval involving the County Engineer. 13. Prior to any work affecting or on County highways, County trails, or in County right of way, the applicant shall coordinate plans with the County Engineer and obtain a Utility or Excavating/Filling/Grading Permit(s) from Carver County Public Works: (http://www.co.carver.mn.us/how-do-i/apply-for/a-permit). Final details of locations, grades, and profiles affecting County roads as well as any utility connections will need to be reviewed and approved prior to any permits. 14. Any damages, modifications, or changes incurred on County highways from current or approved conditions will need to remedied or updated at development expense, including costs incurred by the County. These are the County’s comments at this time. If you have any questions or need further assistance, please do not hesitate to contact those noted below: Dan McCormick, P.E. PTOE Transportation Manager Carver County Public Works Angie Stenson AICP Sr. Transportation Planner Carver County Public Works Martin Walsh Parks and Recreation Director Carver County Summary of State Statute 505.03 Subdivision 2 (text truncated, emphasis added) If any proposed preliminary plat or initial plat filing includes land located in a city or town bordering an existing or proposed county road, highway, or county state-aid highway, and the property, road, or highway is designated on a map or county highway plan, then the plat or plat filing must be submitted by the city or town to the county engineer within five business days after receipt by the city or town of the preliminary plat or initial plat filing for written comments and recommendations. The county engineer's review shall be limited to factors of county significance in conformance with adopted county guidelines developed through a public hearing or a comprehensive planning process with comment by the cities and towns. Within 30 days after county receipt from the city or town of the preliminary plat or initial plat filing, the county engineer shall provide to the city or town written comments stating whether the plat meets county guidelines and describing any modifications necessary to bring the plat into conformity with the county guidelines. No city or town may approve a preliminary plat until it has received the county engineer's written comments and recommendations or until the county engineer's comment period has expired, whichever occurs first. Within ten business days following a city's or town's approval of a preliminary plat, the city or town shall submit to the county board notice of its approval, along with a statement addressing the disposition of any written comments or recommendations made by the county engineer. In the event the city or town does not amend the plat to conform to the recommendations made by the county engineer, representatives from the county and city or town shall meet to discuss the differences and determine whether changes to the plat are appropriate prior to final approval. Full Text of State Statute 505.03 Subdivision 2 Subd. 2.Plat approval; road review. (a) Any proposed preliminary plat in a city, town, or county, which includes lands abutting upon state rail bank property or upon any existing or established trunk highway or proposed highway which has been designated by a centerline order filed in the office of the county recorder shall first be presented by the city, town, or county to the commissioner of transportation for written comments and recommendations. Preliminary plats in a city or town involving state rail bank property or both a trunk highway and a highway under county jurisdiction shall be submitted by the city or town to the county highway engineer as provided in paragraphs (b) and (c) and to the commissioner of transportation. Plats shall be submitted by the city, town, or county to the commissioner of transportation for review at least 30 days prior to the home rule charter or statutory city, town or county taking final action on the preliminary plat. The commissioner of transportation shall submit the written comments and recommendations to the city, town, or county within 30 days after receipt by the commissioner of such a plat. Final action on such plat by the city, town, or county shall not be taken until after these required comments and recommendations have been received or until the 30- day period has elapsed. (b) If any proposed preliminary plat or initial plat filing includes land located in a city or town bordering either state rail bank property or an existing or proposed county road, highway, or county state-aid highway, and the property, road, or highway is designated on a map or county highway plan filed in the office of the county recorder or registrar of titles, then the plat or plat filing must be submitted by the city or town to the county engineer within five business days after receipt by the city or town of the preliminary plat or initial plat filing for written comments and recommendations. The county engineer's review shall be limited to factors of county significance in conformance with adopted county guidelines developed through a public hearing or a comprehensive planning process with comment by the cities and towns. The guidelines must provide for development and redevelopment scenarios, allow for variances, and reflect consideration of city or town adopted guidelines. (c) Within 30 days after county receipt from the city or town of the preliminary plat or initial plat filing, the county engineer shall provide to the city or town written comments stating whether the plat meets county guidelines and describing any modifications necessary to bring the plat into conformity with the county guidelines. No city or town may approve a preliminary plat until it has received the county engineer's written comments and recommendations or until the county engineer's comment period has expired, whichever occurs first. Within ten business days following a city's or town's approval of a preliminary plat, the city or town shall submit to the county board notice of its approval, along with a statement addressing the disposition of any written comments or recommendations made by the county engineer. In the event the city or town does not amend the plat to conform to the recommendations made by the county engineer, representatives from the county and city or town shall meet to discuss the differences and determine whether changes to the plat are appropriate prior to final approval. This requirement shall not extend the time deadlines for preliminary or final approval as required under this section, section 15.99 or 462.358, or any other law, nor shall this requirement prohibit final approval as required by this section. (d) A legible preliminary drawing or print of a proposed preliminary plat shall be acceptable for purposes of review by the commissioner of transportation or the county highway engineer. To such drawing or print there shall be attached a written statement describing: (1) the outlet for and means of disposal of surface waters from the proposed platted area; (2) the land use designation or zoning category of the proposed platted area; (3) the locations of ingress and egress to the proposed platted area; and (4) a preliminary site plan for the proposed platted area, with dimensions to scale, authenticated by a registered engineer or land surveyor, showing: (i) the state rail bank property; (ii) the existing or proposed state highway, county road, or county highway; and (iii) all existing and proposed rights-of-way, easements, general lot layouts, and lot dimensions. (e) Failure to obtain the written comments and recommendations of the commissioner of transportation or the county highway engineer shall in no manner affect the title to the lands included in the plat or the platting of said lands. A city, town, or county shall file with the plat, in the office of the county recorder or registrar of titles, a certificate or other evidence showing submission of the preliminary plat to the commissioner or county highway engineer in compliance with this subdivision.