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03-7-90 Agenda and Packetfr-/Q AGENDA CITANHASSEN PLANNING COMMISSION WEDNESDAY, MARCH 7, 1990, 7:30 P.M. CHANHASSEN CITY HALL, 690 COULTER DRIVE CALL TO ORDER CITY COUNCIL UPDATE ONGOING ITEMS ADJOURNMENT PUBLIC IIEARINGS I. Comprehensive Plan Amendment to relocate the uetropolitan Urban Service Area (MUSA) line on Lake Lucy Road. 2. Zoning Ordinance Amendment of Article Iv, Conditional UsePermits, anal Article xxVII, Mineral Extraction pert.aining tothe regulation of grading and mineral extraction activities. OLD BUSTNESS NEW BUSINESS 3. Modified Program for Development District No. I and Tax Increment Financing District No. 2. 4. Joint Meeting with City Council for Discussion of Land Use PIan Chapter of Comprehensive PIan. APPROVAL OF MINUTES ADMINSTRATIVE APPROVALS OPEN DISCUSSION CITY OF THINHISSEN P.C. DATE: March 7, 1990 C.C. DATE: March 25, 1990 CASE NO: 90-1 LUP Prepared by: Krauss/v dL STAFF REPORT t-z () =L(L E UJ E @ Comprehensive Land Use Plan Amendment to Include 1420 and 1430 Lake Lucy Road into the Metropolitan Urban Service Area ( MUSA) PROPOSAL: LOCATION: APPLICANT: N- s- E- w- WATER AND SEI{ER: PEYS ICAI. CEARAC.: 2OOO LAND USE PLAN: PRESENT ZONING: ACREAGES DENSITY: ADJACENT ZONING AND LAND USE: LUP Amending MUSA March 7, 1990 Page 2 BACKGROUND In January, staff became aware of a problem with an on-site sewer system at 1430 Lake Lucy Road. The Building Inspector informedstaff that the system was failing resulting in surface dischargeof waste. The Public Safety Department is now requiring that the system be pumped as often as necessary. The owner iras further informed that city ordinances give a 60 day time period to al1owfor the determination as to whether or not the system will berepaired or replaced but that this time period may be extended bythe city if action is in progress. The oi{ner of the 1ot with the failing sewer system and an aclja- cent property have petitioned the city to undertake a guide plan amendment to expand the UUSA line to al1ow them to be served from an in-pIace sanitary sewer located a short distance to the east. Concurrently, they have requested that the city undertake a feasibility study with the goal of extending serirer service totheir parcels. The serrer service is located a short distance to the east of 1420 Lake Lucy Road. The failing system is at 1430 Lake Lucy Road. Services in Lake Lucy Road must be extended past the home at 1420 to reach the home at 1430. City water serviceis already in existence in the area. Although we will not be certain until the feasibility study has been completed, it appears that gravity sewer service can be extended to serve both properties, by extending the dead end linein Lake Lucy Road further to the rdest. Given the pre-existing nature of the failing sewer system at 1430 Lake Lucy Road, staffis processing this as an emergency situation and am attempting to handle this as expeditiously as possible. ANALYSIS Over the years, the city has receiveil a number of requests to expand the MUSA line on an incremental basis r/rith some of these expansions taking place to provide emergency service for areas experiencing failing on-site sevrer such as currently beingrequested. As the Planning Commission and City CounciL are aware, the city is undertaking a program to completely realraf tour Comprehensive Plan with a goal to bringing significant addi-tional acreage into the MUSA system. It is anticipateil that thisplocess will result in a submittal of a plan to Metro Councilduring this coming suruner. While we have been working on thepIan, we have generall-y tried to discourage minor alterations tothe MUSA line believing that it could more appropriately behandled in comprehensive matter with the guide plan amendments. Eolvever, in light of the emergency nature of this request, we arewaiving this policy in the interest of resolving this matter. Inso doing, sewer service could be extended to the affected prop-erty this summer. If the request to be hanilled with the compre- hensive plan amendment, it is not likeIy that sewer service could be provided until at least the surnmer of 199I. LUP Anending MUSA March ?, 1990 Page 3 In reviewing this matter, the option of replacing the on-site sewer with a new on-site system was discusseal between staff anil the owner. It was concluded that to replace the existing system with another on-site system, is a possibility but is not likely to be cost effective. we state this since the site in question is weLl within the area that the city will be bringing to the Metro Council for inclusion into the MUSA line antl in so doing,city sewer service is 1ike1y to be available in a short period oftime. If an existing on-site sewer system tere to be replacedwith a new on-site system, the money would likely be wasted since we woulil ultimately require hook-up to the new city sanitary system in a short period of tine. In the past when similar requests have been matle to the Metro Council, they have often cone back to the city and askeil that asimilarly sized area be deleted from the MUSA to balance out thecityrs development potential . In staffrs opinion, this is ahighly inappropriate policy to employ at this point for tworeasons. The first is that most of the land currently within the MUSA system has either been developed or is committed to develop- ment and rrould be difficult to find l0 acres to puI1 out. The second is, that as we eluded above, the city preparing a compre- hensive guicle plan update and ere expect to have this neighborhood brought within the MUSA system in the short perj.od of time in any case. RECOMMENDATION staff recommends the Planning Commission adopt the following motion: "The Planning Commission recotTrmends approval of Land Use Plan Amendment Request *90-1 to incLude properties located at 1420 antl 1430 Lake Lucy Road into the Metropolitan Urban Service Area anilthat the Metropolitan Urban Service Area line be amended toinclude said parcels. " ATTACHMENTS Letter from Steve Kirchman, .Buildling Official to the property owners.Authorization forms signed by both property owners. Maps showing site area. Metro Council,/Minor Guitle Plan Amendment application form. I 2 3 4 cB F I E I DtltttIILLI I 3 4 @ q 2 6 = _t I I l! itttt r I t ! drf G CHAI*IIISSEI{t^: It PROPO SED- SITE 5 I-t: nl]MEf, -i-a rrE- i:. = - - i: I i fJ ) 7 I ti I II A I l 1 3 I i ? r ! I !f I ItI!! I- c ..1 EI AI(F LUCY PROPOSED SITE ilu8A ,..it:r-.]i:{ llti,i,iii I fa ,I'IfI ( ctR J I c rRC P rr0Y ST I' - L, o r E A ,a. L ) '-) LAKE L ,E!iT I I t sl--l1rlgl-Lbl:}-L-l \ ar, xv LOGATION MAP a lEll EIE I t LLI ll \'t- \ Llc ta -4 XCIlrI -<./ DOrAr' r olttl lt I I 2 tP i--! o_! i: I ir.-t--.- 1 tr|-|-rs E Lllsoxtr 34, ? rta -sc a._ qrll'cl al ""..- a \ tJOSEPX E EL CCII ar aa, t rta :i'.r ! I It rt CltEt5,vl, ! I I a L !l. t ! II a 7. t rar, ? Itr \a IIF =*bft E I 3ilr ? o .---< }TIDRA T UTE A SAI'NFY SEIEN ULYES lfT S;RITN PBOPOSED MUSA EXPAT{SIONx @ ' .a ' -'at .- STORI/I SEWER ANI.IOLE STORTI SEWER (WTTH OT'ITLETS) cArcH Blsn -- ---.r.-r llUgA LINE ,lq ror Suul EXISTING UTILITIES a t t ! Q;0 t-a -.1 This summary workheet must be Elled out and submitted to the Metropolitan Council with a copy of each proposed rnin61 ssglplsfusnsive plan amendmenl Minor amendmenB include, but are Dot limited to: Changes to the ftrtue land rse plan whcrc the affectcd area is small or where the proposed future land use will rcsult in minor changes in metropolitan service demand. changes (land trades or additioos) in the urban scrvice area inroMng less than 40 acrcs. Minor changes to plan goals and policies that do not changc thc overall thrust of the comprehensive plan Please be as speciEc as possible; attach additional cxplanatory matcrials if oeccssary. If a staff report was prepared for the Plauning commission or ciry council, pleasc attach it as well. Communities submitting regular plan amendmcn6 may wish to cotci this form or a reasonable facsimile into their word proccssing menu for easc in preparatioo of thc form. INT'ORJT.IATION SI,]BMISSION FOR MINOR COMPREHENSTVE PLAN AMENDMENTS L'l I ) 3. I. GENERAT INTORMATION A Sponsoring governmental uait ci of Chanhassen I(rauss, AICP, Address 690 Chanhas sen, !.,1N 55 Telephooe 937-9UU Name of Preparer (if differcnt from contact pcrson) P Send plan anendments to: John Rutford, Referrals CoordinatorMetropolitan Council, llears park Centre230 E. Fifth St., St. Paul, UN 55101-1534 Date of Preparatio B. Name of Ameodmcnt Harvey /O'Brien reguest ttrcDCSCIiDdODj6llmrnarvsystet to respond efiergercy 10 acres i-nto t4uSA a on-s serer system. c. Please attach the follon'ing l. Fivc copbs ot tbe proposed amendmcaL ? A city-wide map showing the location of the proposcd change.3. The curreot platr map(s), iadicating area(s) affected by amendment.4. The proposed plan map(s), indicating area(s) alfected by amendment. t Name of local contact D What is the official local status of the proposed amendment? (Check one or more as appropriate.) _ Acted upon by planning commission (if applicable) on _[_ Approved by governing body, contingent upon Metropolitan Council revierv, _ Considered but aot approved by governing body on J E Other Indicate what adjacent local governmental units and other jurisdictions (school districts, watershed districts, etc.) affected by the change have been sent mpies o[ the plan amendmeot, if any, and the date(s) copies were sent to rhem. None II. I.AND USE A Descibe the following, as. appropriate: Size of aEected area in acres 10.08 Existing land use(s)rural- residenti-al Proposed land use(s)urban residential Number and type of residestial dwelling unis involved tlo familv hores Proposed density 1.7 units/acre Proposed librE square fmtage of commercia! iodustrial or public buildings .III. METROPOLITANDEVELOPMENTGIIIDE A Populatioo, Household and Employment Forecas6 X NoNot Applicable Yes. Describe effecf Will the proposed amendment aEect the cityt populatioo" horsehold or employment forecass for 2000, or aEy additiooal local suging contained in the original plan? 1. ,, 3. 4. 5. 6. tl B. Chauges to Urban Servirc Area Boundary Will the proposcd amendment require a chaDge to the boundary of the mmmuoityt urban scrvice area? c. _ No/Not applicablax Yes. Under L C., a map should bc attachcd to show the proposed change. Changes o Trming aad Stasipg of Urba[ Scrvicc Arca Will the proposed amendment require a changc to thc timing and staging of development within the urban service area? _ NoNot Applicable. X Yes Uuder L C., a map should bc attachcd to shof,, thc propced change. Vastewato TttoOunt yill thc proposcd ancodment rcsult in a chaagc in thc projected sewer florrys for the commuoity? _! NoNot Applicable. _ Yes. Indicatc the *pected changa Total Year 2Wl20l0 0ow for community based oo cxisting plan N/A million gallonVday Total 200012010 g*, lirr ss56rrnitv bascd on plaa ameodmcut ' N/A million gallons/&y L If ]our community discharg6 to Eorc thaa onc Bctropolitan interccptor, indicatc which intcrccpor will bc allcctcd $r thc amcndmcnt ShoreLpod Interceptor Will Jlows b divcrtd ltotn ou inarupt* sadcc ana o anothcr? . x NolNot adicablz _ Ycs Indicou tlv cllrlrrgc utd whttn* (rr6d) hwlvcd- E Transporation l. wiII thc propccd amcudncut rcsult in an iacrcasc in trip generation for thc a$cctcd area? =L NoNot rpplicabla _ Ycs. Dcscribc cEcct D. 1 3. ttl 2.Does the proposed amendnent contain any chaages to the lunctional clatsification of roadways ? x No. _Ycl Desqibe which tudwrys F.Aviation Will the proposed amendmeot affcct thc fuaction of a metropolitao airport or the compatibility of land uscs with aircraft noise? x NoNot applicabla Yes Describe cffcct G. Rccreation Open Space 1.Will the proposed ameudmcnt harrc an impact on cxisting or future federal, state or regional rccrcatioaal facilities? lL Horsiag Will the propccd amendocnt afiect the conrnuuity's ability or inteat to achieve thc long-term goals for lon - and modcrate-incomc aad modest-cost housing opportunities contained il the eristing plan? 3 NoNot Applicablc. Yes. Describc cEcct L Waw Resounes Des tlu plan amcndmcnt affea a wctland? If ys, qlain and slow luation on a ,nap Yes.Tlvo. WtlI thc wetland bc prouaed? _ Yes. Desqtbc h*,. _ .lVo. Desqibe why not 1v x NoNot Applicablc. _ Ycs Describc cffccL W the plan amendment ,esuh in runoff which afecs the quality of any nr(oce water bdy? If yx ideruify which ones. _Yes. --X- /Vo. w. Will te wata bdy be potead? N/A yes' Desqibe tow.T/A'No. Erylain why not IMPLEMEI{TATION PROGRAM ,{ Official Conuols Will the proposcd amcndment rcquirc a change to zoning subdivision, on-site scrver ordinances or othcr official coatrols? x NoNot fuplicabla _ Yes. Describc eEecr 9 It is further undersEood that the costs asaociated eith preparation and processing of the cuide Plan Anendment and the respective costs for the public improvement project are our responsibility. As such, the undersigned waives any and all procedriral and substantive objections t.o the special assessments incurred as a part of this project includingr but not linited to, public hearings, notices and the like, and any claims if the special assessments exceed the benefit to the subject property. The undersigned waives any appeal rights otherrise available pursuant to Minnesota Statute 429.8I. It is understood that to our property cannot be the Guide Plan Amendment. the extension of sanitary sener service accomplished without the approval of AUTHORIZATION FORM we, the undersigned, being fee owners of the following described property in the City of Chanhassen, Carver County, do hereby petition and request the City Council of the City of Chanhassen to initiate a public improvement project for the extension of sanitary serer to service our property. We understand that the extension of sanitary sewer cannot be done without the consent of the tletropolitan Council to extend the l,tetropolitan Urban Service Area to encompass our property. We request the City to process the necessary minor Guide plan Amendment to accomplish this. (-,0)Baue.4s3 e scr ip n// /creJ- " tlcr"s iu oF. tt t t /r Lesa]. P /. )' ', 't 0t-e-a ee rl roperty Address By: h^ i;3 )/ DATE: .2- J2- 7O By:)narr- 8- v d couNry oF (ttyta,ss. The foregoing instrument was acknowledged before me thisZZla day of fzAzu'arzl , L9 le rby ELAII'IE J. ROE3:R 0IA'.Y PiJsilC. iilnilasotA EARVSR COI,JNTY -/-?zt-nz a &zt a-2.-Notary FuFffE ur c,n:niltioi tuPirei SEPT. L l cj' DRAFTED BY: City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 ( 6r2 ) 937-1900 -2- STATE OF !,IINNESOTA ) 4 Z A,.ve /r.9 Y f - /JA{2 t/ ( -/ . We, the undersigned, being fee owners of the following described property in the City of Chanhassen, Carver County, do hereby petition and reguest the City Council of the City of Chanhassen to initiate a public improvement project for the extension of sanitary serer to service our property. We understand that the extension of sanitary serer cannot be done sithout the consent of the tt{etropolitan Council to extend the l,letropolitan Urban Service Area to encompass our propelty. we request the City to process the necessary minor Guide plan Amendment to accomplish this. It is further understood that the costs associated t,ith preparation and processing of the Guide PIan Amendment and the respective costs for the pubtic improvement project are our responsibility. As such, the undersigned waives any and all procedural and substantive objections to the special assessrnents incurred as a part of this projecE includingr but. not linited to, public hearings, notices and the like, and any claims if the special assessnents exceed the benefit to the subject property. The undersigned raives any appeal rights otherrrise avaiLable pursuant to lrinnesota Statute 429.81. It is understood that to our property cannot be the cuide PIan Amendment. the extension of sanitary serer service accomplished without the approval of AUTHORIZATION FORM Legal Description RoaA fx.els;o,, /hn,5r37//4aO Lalr< Lu.c Property A dress DATE:L 7/?b By: By: STATE OF MINNESOTA ). ) ss. couNTY oF +]?6" --,,1 ) 2tsf day of o B;-,-- -----I-The foregoing instrument eras acknowledged before ne this , Lgq. , by -Tee .onro A. h'8a,.-a ArO l', t^];p b'R1 Notary Pu 1C v- x freliu;uary srt,/ afttl 4 f*F*f? 7 DRAFTED BY:eity oE chanhassen 690 Coulter Drive P.O. Box Chanha s se(612t 937 L47 n, MN -1900 R.,:-;. ' ;1,; FEB 21 lgei UIY OF C}iANTIASSfJT 5s317 -2- p*rtul+ at- N"-i I e o SQct - 01 TwF - llb Rang -23 5, t7 Acrc 5 Aoaia *f 5U corut of sUr< N.a4, fA N za-b' T^ w 2ooi Th T)jrg,:J,i * suLY t11,-731 Th d toDi rh s y0' Th E 4r3' I cARoL NiESti! iIOIARY ru8tlc-i,lIt{NiS0TA H0ltltflN out{ft CmaEs!.1 trurs tcb. 16, 1995t Nofe I Th< a6ove s,inttures ola otlT fi at a. teesalalle Cnst 5hnr",l OunerS CoAcernz[ . CITY OF EH[NH[SSEN IIEUORANDUU fO: Planning Comnission FROII: Paul Nrauas, Planning oirectordL DAIE: February 27, L990 SUBJ: Proposed Zoning Ordinance Amendment Dealing with Excavations 1 l,tining and Grading PROPOSAL/SUMMARY fn November and December of last year, the City Council became aware of concerns regarding the Uoon Valley Gravel Mining site. The gravel mining operation had expanded significantly over thepast few years and area residents were becoming concerneil withrumors of additional pending expansions. Individuals contactedthe City Council asking that the city investigate methods bywhich it would exercise control over this sort of operation. TheCouncil asked staff to report back to them regarding potentialalternatives for dealing with this matter. In January, staff working with the City Attorney prepared a memorandum for Council review. This memorandum (copy attached)provides a background regarding this matter and outlines severalstrategies for resolving the situation. One of the strategiesinvolved redrafting city ordinances pertaining to conditional usepermits ( since converted to interim use permits) for gravel andmining operations. City ordinances currEntly have esiablishett aconditional use permi t requirerBent for these types of uses but isnot specific as to conditions or standards. In addit.ion, the trtoon Valley operation predates the conditional use permit process and is therefore, a grandfathered non-conformity. It rras theCity Attorneyrs position that an ordinance could be developed insuch a manner that existing operatlons such as Uoon valley couldbe required to obtain a permit to satisfy the new ordinance. Itis not believed that this coulil be used as a mechanism forshutting down or removing the operation but rather one by whichthe city is able to exercise control to insure that operationsare conducted in a manner that is sensitive to surrounding resi- dences and the environment and one which will leave the site in aconclition to facilitate appropriate reuse. 690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (512) 937-1900 . FAX (612) 937-s739 The dlraf t ordinance essentially establishes mining and excavationas an interim use. It outlines standards and procedures for thehanilling of applications and submittal requirements, as well asstanalards for reviewing each application. The permits are con-sidered to be annually renewable after initial approval by theCity Council. In each successive year, the City Engineer would be responsible for reviewing the permit to insure that it isbeing conducted in compliance with conditions of approval , if notit rrould be referred to the City Council for action. Irrevocableletters of credit wouLd be required to insure that such con-ditions as applied by the city are complied with. Most impor-tantly, this letter of credit would be used to guarantee that thesite is restored in the approved manner after the grading acti-vity is finished. A summary of ordinance standards follows: Setbacks Are Reguired From the Mine Pit Existing Streets Public Utility Lines Adjoining Properties Not in Mininq Use 100 feet There is a ordinance. Fencing is required around steep parts of the excavation. Machinery on the site must be kept in good repair and clean con-dition with debris removed. Standards are established for noiseemissions. Rehabilitation is required to be a continuing process and a rehabilitation plan must be provided. Screening of thesite by landscaping plus pleservation of natural amenities on thesite must be considered in the p1an. In our opinion, the approach of this ordinance is not punitivebut rather is to provide a reasonabLe set of minimun standardsfor these operations to adhele to so that impacts on the city andon adjoining properties can be mitigated. We have reviewed simi-1ar ordinances prepared for other Twin City communities. Uostnotably, Apple Va1ley (a copy of their ordinance is attached) hasdeveloped an extraordinarily comprehensive set of ordinances per-taining to this type of use. However, in our opinion, the ordi- nance was designed to cope with a much more serious problem then Chanhassen is now currently faced with and is as a result muchnore involved and restrictive then the one we are current.ly pro- posing. 30 feet related matter that is also At the present time, there 300 feet Where aggregate processing ( such as crushing) is done on site the setback wouldbe increased to Ir500 feet due to noise and dust i.mpacts. being addressed in this is no administrative Planning Commission February 27, L990 Page 2 Planning February Page 3 Cornmission 27, L990 mechanism for city staff to approve grading permits for renovingor moving relatively smal1 amounts of material . Technically, the grading of someone's back yard requires City Council approval .Staff is proposing that an administrative review procedure be established for proposals that woulil move less than 1000 cubicyards. An application form would be developetl whereby applica-tions for grading would be subject to the same sorts of reviewcriteria as the interim use process which would be done by staffin-house. Staff could require financial guarantees and place conditions on the permit to the extent these are believecl to benecessary. If staff is uncomfortable with a proposal for some reason or if an applicant objects to staffrs determinations on the permit, it would be appealable to the City Council. Staff has organized and managed a similar program in the past and believes it is the most effective and expeditious way of dealingwith these types of reguests. A draft copy of an application form that we would propose to use for administrative grading per- mits wi11 be provided for Planning Commission review. We areproposing that a permit application fee of $50 be required topartially cover staff expenses in processing and reviewing theseapplications. STAFF RECOMMENDATION Staff recommenals that the draft excavation, the Planning Commission review anal adopt mininq ancl grading ordinance. ATTACHMENTS Draft ordinance. Apple valley orclinance. Background memorandum to the City Council on the Moon Valley situati.on.Draft grading permit appllcation form. 1 2 3 4 F€3-u.-Lg.s 11:48 FRS'I Ctr4FBELL ' SCOTT & FUO€ TO fol lows: 9375?39 P.@3 CITY OF CTIAI{IIASSEN CARVER Al{D IIENNEPIN COUNIIES, !{TNNESOTA ORDTNA}ICE NO. IIT ORDIIINNCB rtiEllDIIIC SEIPITIB ? IIID CEIPAER 20OF TEE CEI}IEISSEII CIIY CODE DERIATTIXo AOEIervtEIoltS, Irf,Itlc, trD oDJADTXG The City Council of the Ci ty of Chanhaseen ordalne ae SESIrOtl :,. 9!?ptcr 7 of the Clranhaesen City Code ls herebyaBended by aildlng Artlcle Irt to rcad as folloys: 7-30: PSREOSES IIID IN!EU!. - The pur?ose of thls Ordinance is to pronote thehealth,- safety and rrelfare of thc conrounlty and Lo establishreasonable uniforn linltations, etandards, - safegiuards andcontrols for excavation,- nininE. and grading withln the City.GradJ.ng, excavation, and uinlng pernii,s for Dore than flfiy' (50)but less than one thousand (1.oob) cublc yards of aaterlal shallbe processed adninistratively by the Clty-staff. Gradlng,excavation, and rninlng of noie Lhan one thousand (1,oO0i cubicyards_of naterlal shall be processed in the aane Danner as anlnterLo use pemit. 7-31: DEIINIAIOI8. The follorlng uorda, teti!8 and phraees shal1folloring neanlngs respe-tlvely'aecrlbed to theDs Grade: lo change the contour of the earth. lline or Excavatlon: (a) Any excavatlon nade by the renoval of thenatural surface of the earth, rhether lod, dlrt, ;off, iina,gravel,.stone, or other natter, creating i aeprission'oi -' depressions. _ (b) Any area where the topsoll -or overburden hasbeen renoved for the purpose of roinlng- earthly aepoiiis-or-ninerals, yet the area his reuained fEI6 ;i;;a a;;-a;#"firenoval. have -tct Any-area that is being used for stockpll, ing,storage, and_ processlng of aand, gravel, black dlrt, ciiy, inaother ulnerals. r02128190 tE:t-z:ld-lffi 11:49ffiLtrH5 TO 9375?39 P,@4 Overburden: Ihoae Daterials whlch lie between thesurface of the earth and naterlal deposit to be extracted. Rehabllltatlon: To rener, land to seJ. f-sustaininglong-teliu use uhich La conpatlble slth contlnguous land uses,present and future, ln accordance slth the standards set forth inthis chapter. Topeoll: Ihat portlon of the overburden yhich liedclosest to the earthra aurface and Bupports the grorth ofvegetation. 7-32. DEUiMIQUTnED. - Except aa othervlec provtded ln thls chapter. itshall be unlarful for anyone to operate a bine, excavate, orgrade the earth uithout having fiist obtained a written perultfrorn the City authorlzing the sane in accordance rrith thischapter. Mining and excaiatlon operatlons that predate thischapter tbat do not have a permli shall obtaln I pernlt ulthlnsix-(5) nonths after the adoptlon of this chapter-. C.urrent pernitholders shall cone into conpllance uith the tlnns of this c-hapterno later than the tine their annual permit Ls reneued. 7-33! EXltipltIONg tBOu PERTIB nEeUtREt{EN?9. The follouing actlvlties do not reguire a pernitunder this chapter: A. Excavatl.on for a foundatl.on, ceIlar, or basenent of abullding 1f a buildl.ng permit has bien issued. B. cradlng- a lot Ln-conJunctlon wtth butlding it a buildingpenuit has been lasuCd. C. Excavation.by the federal, state, county, or city governnentin connection rrith constructl.on 6r naintenance oi ioaas,hlghways, or utll.ltles. D. Curb- cuts, utlltty hookut s, or Btreet openings for uhichanother pemlt has be€n iesued by the C-ity. - Excavatlon of leee than flftyyear.(5O) cubic yards ln a calendar F.Ploulng andl tllllng for agrl.cultural purposea. Excavation or Eradlng Ln accordance with a developnentcontract approved under the Clty,e Subdivlston oriinance. Ifthe developnent contract requires that a letter of credit orother securlty be posted, the letter of credlt or othersecurity rnust be posted before any excavatlon takes place. -2- ll 7-31: IPPIICIIION8 IOR PE8IIA8, PROCEDUREB, coNtErrs OFrPPLrCtatoNS. A. An appllcatlon for a peralt to aLne, excavate, or grade shallbe processed Ln accordance uith the'sane procldurei specifiedln the Clty Code relatlng to lnterLn use ieraits exceit th.tgrading, excavatlon. or ninlng of uore thin flfty 15oj cubicyards of Daterl.al but less thin one thousand 1f,6od; iuUicyardE of uaterial ray be approved by City Stait. B. An appllcatlon for a perDlt ehall contain: 1. The name and addreEs of the operator and orner of theland, together with proof of omershlp. 2. The correct legal deserlptlon of the property where theactlvity ls proposed to occur. 3. A certifled abstract llstlng the nanes of all landownersonning- pro-perty nithin 5OO ieet of the boundary of theproperty descrlbed above. 4. Speclflcations -of the follorrlng, using approprlate :naps,photographs and Burveya: a. Tle physieal relatl,onship of the proposed designatedaite to the conrounity and exlstln! dlvelopnentl b. Site. topography and natural featurea lncludlnglocatlon of ratercourses and water bodlee. c. The descriptlon and guantity of naterial to beexcavated. d. Thc depth of 'uater tables throughout the area. 5. The purpose of the operatlon. 6. Ihe estinated tlne regulred to coDplcte the operatlon. 7. Hours and DonthB of operation 8. A tree Euney inctlcatlng thc location and type of alltrees over stx (6) lnchee ln callper. 9. A landscape pl!n. 10. the plan of_operatlon, -includlng processlng, nature ofthe processing and. equlpuent, tocltion ot €ire plant,source of uater, diepoeal of rrater and reuie o? natir. -3- 13. A rehabilltation pJ.an provided for the orderly andcontlnulng rehabilitatlon of a1l disturbed land. suchplan shall J.llustrate, uoing photographs, uaps andsuneya wherG approprlate, tbe followings a. Thc contour of thc land prior to excavatl.on andproposed contoura after conpletlon of excavation andafter conpletlon of rehabllitation. b. Those areas of thc lltc to be used for storage oftopsoll and overburden. c. A schedule settinE forth the tlnetable for excavatlonof land lying withln the extraction facillty. d. The slope of all alopas after rehabllltatlon, basedupon proposed land uaes, and descrlption of the typeand quantity of plantlnga rhere revlgetation is to- beconducted. e. lhe crlterla and Btandards to be ueed to achievefinal rehabllltatlon as well as internlttentetabillzation. f. Other lnfomatlon reguired by the Clty. 12. A strte!0ent ldentifylng the applicantre prograD to insureconpliance eith the petinlt co;dition8, nath;d of responseto couplaints gnq resolvlng confllcts'that rnay arlse as aresult of conplaintr. 13. Unless exenpt under t{lnneeota Ru).es, an envlromentalassessnent eorkaheet, lf regulred by the Ctty. 14. A wetland alteratlon pemlt, lf reguirect by the CityCode, vhich shall be processed conCurrentl!,vlth thiexcavatlon perait appllcatlon. 7-3sr GOU!|CTL BSVIET rtID l?pROrrL O? O\rERtL! pLtNi ptNcrloN OF RENEMEIJE rilNUI& D!RUIA8. A. Except aa othen lse provided hercl.n, the clty council shallreview the pemit applicatlon and siall apprLve the pernlt ifit_ls ln coropllance iith thtE chapter, th!-clty,6 zoirfnqordinance, And other ap. plicable llrs, ' ordlnancis, andregulatlona. Ihe Councll nay attach iondltlons t6 tne parrnitapproval to prouote safety ind prevent nul.sance conditions. 11. Travel routes to and lron the site. 12. The plans for drainage, rater eroslon control,sedinentatlon and duat control. The rehabllitation plan elrall only be approved if it is conslstent uith the uses allowed ln the C1ty,s Conprehensive Plan and zonlng ordinance. B. crading, excavation, and nlning of Dore than fifty (50) butless tban one thousand (1rO00) cubic yards of roaterial in at$elve (12) Donth perl.od Eay be approved by the City Staff. The applicant shall subult the fee regulred by Section 7-39of the City Code. The Ctty Staff uay al.Bo requlre thesubuisEion of any of the ltens epecifiedl 1n subdivlsion 10-154. Upon reccipt of a coupleted applleatlon, the city staffsha1l revlew the applicatlon eithin ten (10) uorking days andshall notify the applicant of the decision by nall. The CityStaff nay inpose such nodlflcatlona and conditions as nay be necessary to protect the publlc lnterest. Bonding nay beregulred ln an anount sufflclent to ensure 6ite restoratlonshould the applicant default. Any appficant aggrieved by adeclslon nay appeal the dctoroination to the City Council. C. Implenentatlon of the overall pl.an shall be by neans of renewable annual perillt. The purpose of the renelrable perDitis to assure cornpliance with the }onger-range overall plan and to retaln the abllity to uodlfy existing or to attach nevconditions in accord vith changing characterietics of thesite or its surroundings. The Clty Engineer, afterconsultation rrith appropriate City Etaff, nay 16sue renewallicenses upon satisfactory proof of conpliance ulth thischapter. If the City Englneer denles a renewal license, theapplicant nay appeal the decisl.on to the City Council byfi1ing a notice of appeal rrith the City Clerk rrithin ten (to) days after the City Englneer denies the pemlt. ?-36! A8R}IINATIOX OF DErutl!. A. The naterial extractlon pet:alt Day be terninated forviolation of thiB chapter or any conditions of the pernit. No permit nay be tenoinated untr.I the Clty council .has held apubllc hearing to deternlne vhether the p-rnl.t shall beterninated, at which tine the operator shall be afforded anopportunity to contest the termlnation. The Clty Council nayestablish certain conditlons, shlch lf not conplleit with,will result in lnrnediat€ EuspenEion of operattone untit thepublic hearlng to conslder termination oi the perult can beheld. 7-3?. TNNUIIJ PER[Ia8, RENlxTt,, coNDIltoN8. A. Reguest for renewal of an annual pernlt shall, be nade sixty(60) days prior to the expiration- date. If appllcation orrenerral ig not nade withln the requlred tiarer-aII operatlons B. lt shall be unlawful to conduct nlneral extraction orexcavation after a petillt has been terulnated. -5- shall be ter:nl.nated, and relnstatenent of the pernit uay be granted only upon coropllance vith ^ the - procedures set forth in €his chapter for an orlgJ'na1 appllcatlon. B. A petmit uay be approved or reneued subJect to conpllance sllh condit-ions ln additlon to those eet forth ln this chapter when such conditlons are reasonabfe and necessary-to ensirre contpl Lance ulth thc requirenents and purpose of this chapter. tlhen auch condltlons arc establlshed, they shall be seC forth epeciflcally in the pemlt. conditlons nay, among other natters, llmit the eize, klnd or character of the proposed operatlon, requlre the construstlon of structures, iequtre thL staglng of extraction over a tine perl'od, require the alteratlon of tlre sLtc deslgn to ensure conpliance with the atandards, requlre the provlsion of a perfornance bond by the operator to ensure conpllance uith these regulations inthis article or other slullar requlrenents. 7-38! rESUtlrCE Ol PERUtts DTBOSEE NO LIABIT.IaI ON CrlY llID' REIIEVES 'lrEE PEmirl! E OA DO R88PON8lBlLr8r88, BtlC. Neither the issuance of a pirmit under this section, nor cornpliance with the condlltlons thereof or vlth the provisionsof this- section shall re-fleve any person fron any responslbillty othernise lnposed by lar for danage to persons or propertyi norshall the issuance of any pennlt under thir Eection Eerve to lnpose any liabllity on the city, lts offl.cers or €nployeee for any lnJury or damage to persons or property. A pemit issued pursuant to this section does not relleve the permittee of theresponsiblllty of securing and coroplilng rlth any other pernlt uhich nay be reguired by any other lav, ordinance or regulation. 7-39! FEE8.. A schedule of fees for the exapLpatlon "iia "pp"or"tof appllcatlons for pe:mlts under this secij.on and the inspectionof operatlons for conpliance uith the conditions of this Eection and the pennit shall be detemined by resolutlon of the City,Councll, vhlch nay, froro tiue to tlme, change such schedule.Prlor to the approval and Lssuance or renewal of ,any permit underthis section; such fees -shall'be pald to the City and depositedto the credit of the genertffund /7-{0 !IBREYOC:IBLE I.EA!!IB O' CIEDIT. IPrior to the Lssuance of. a perBit, there shall be executed by the operator and Eubnitted to the city !n agreenentto construct euch required Lnproveuenta, tb dedlcate ruchproperty or easeDente, lf any, to the Clty and to conply with such conditions as nay have been establlehed by the City Council. such agreement shall be acconpanled by a letter of credlt acceptable to the City tn the aDount of the costs of conplylngwlth tbe agreement. The aforeEaid letter of credit shall beprovided for guarantccl.ng conplction and conpllance wlth the -6- tEB-d-lJfl 11;f4 Fltl,J'l Ll-ftslb.Ll-r SLU| I & Fl,JLlti IO 93-is7j9 P.99 ?-atr 8EaBlcI8. !{inlng operatlons ehall not be conducted slthin: A. One hundred (1O0) feet of an exLsting street or highway. B. Thfrty (30) feet of an eaBeDent for an exlatlng publicuttltty. 1 conditlons set forth ln the perDlt sithin the tine to be approvedby the City councll. The adequacy of the letter of credlt- lhallbe reviened annually by the clty. The city nay direct the anountof the letter of credlt be increased to reflect lnflatlon or changed conditlon8. C. Three hundred (300) feet of the boundary of an adJolningproperty not in ninlng uee cxcept that aggregate processing,includlng but not linited to crushing and uaihing, nust beeet back one thousand five hundred (1,500) feet fron the boundary of adjolnlnE property not in roining use. 7-42. PEf,CIXC. 7-t3. IEPEIRI'ITCE lllD SCREENIIC lA aUE EIARICAToN BI'E. The followl.ng standards are regulred at theextraction site of any operation petmitted-under this article: Durlng operatlons petnltted under this chapter, anyarea vrhere excavatlon slopes are steeper than one foot verticLeto one and one-ha1f (L-L/2) feet horizontal, and any other areas where obvl.ous danger to the public exista, shall be fenced nhensuch a situation has exleted or t'lll exlst for a perlod of five(5) rorking days or longer. llhe Clty Englneer shall review 6uchfencing to assure lts adeguacy. As an alternatlve, the CityEngineer ray require perlneter fencing of the €ntire extraclionBite. 2. 3 Machinery Bhall, be kept ln good repalr. Abandoned uachlnery, lnoperable egulpaent and rubbishshall be reDoved fron tbe Elte regrularly. All bulldlnEa rnd equlpnent that havc not been used for aperlod of one y.ar Bhall be reuoved fron thc sLte. A11 equlpnent and tenporaty structures shall be removedand dl.enantled not later than nlnety (9O) days afterternination of the extraction operaaion and axpiration ofthe pemit. tlhere practical, stockplles of overburden and naterialsshall be used to screen the extraction. 4. 5. FEB-?a-79g!9 11:55 FROI CntlpEELL, SCOTT & Ftic]€ T0 93?5739 P.18 6. The perineter of the elte shall be planted coniferous trees or othenrise acrcened. 1 2 7-112 The follouing op€ratlng standards shall be observedat the extraction slte of any operatlon periaitted under this section: 7. Exlstlng tree and ground cover ahall. be presenred to the extent feasible, ualntalned and aupplenented by selectivecutting, transplanting of trees, ehrubs, and other ground cover along all Eetback lreaE. 8. Weeds shall be eradlcat€a. The naxiDut0 nolse leve1 at the perlneter of the 6iteshall be ritbin the llnlte Bet by the Hinnesota Pollutioncontrol Agency and the Sederal Envlronnental Protectlon Agency. Extraction and haullng operatl.ons shall be performed during only those tfunes established by the City Councilas part of thls permlt. .Operators shall use all practlcal means to elininatevibration on adJ acent property frou equipnent operation. Operators shall conply ulth all applicable clty, county,atate and federal regulatlona lor the protectlon of waterquality, lncludlng the l,tlnnesota Pollutlon control Agency and Federal Envlronnental Protection Agency regulationsfor the protectl.on ot urtcr quallty. No uaste productEor process resldue shall be deposited ln any lake streanor natural drainage aysteD. All waste sater shal] passthrough a sediroent basln before drainage into a stiean. operatorr shall conply ulth all clty, county, state andfederal regulations for thc protectlon of wetlands. OperatorE shall coroply ulth all requlrenenta of therraterghed uhere the proparty ls located. All topsoll shall be retained at the slte untll cornpleterehabilltation of the slte has taken place accorrting tothe rehabilitation plan. 8. Operators Ehall use all practlcal means to reduce theanount_of dust, snoke, and fumes caused by theoperatJ.ons. 3. 5. 6. ?. -8- OPaRIIIoNE, NOl3l, 8oma, EIPI,oBIVES, DUBI, rATER POLLUIIOIT, AOPSOII. ?RESERVAUON. 4. 9. Internal private roada froD a nlne to any publlc roadwayeha1l be paved rith aephalt or concrete for a distance ofat least three hundred (3O0) feet to the tntereectionsith. a publtc roaduay. A1l Lnternal roads shall be sweptand treated to nlniulze dust accordlng to a scheduleestabllshed by the Ctty. 10. All haul routea to and tron the line Bhall be approved bythe clty and shall only use atreets ttrat can saiety acconnodate the trafflc. 7.I5S TEEABILITTTIOT STII'DINDA. lhe following rehabilltatlon Btandards Ehall apply tothe slte of any operation pernitted under this chapter: 1. Rehabilitatlon shall be a continuing operatlon occurrJ,ngas quickly-as possLble rfter the exaraation operation hisuoved sufficlently i.nto another part of the extractlonsite. 2. AII banks and slopeE shall be left in accordance uith therehabilitation plan subDltted vlth the permltappllcation. Slopes, graded areas and backfill areas shall be surfacedvith adequate topsoll to secure and hold ground cover. Such ground cover shall be tended as necessary until itis self-sustained. 3. 4 AII water areas resultinE froD excavatlon shall bcelininated upon retrabllliatlon of the slte. fn unlqueinstances uhere th. Clty Councll, has reviewed propoialefor water bodies at tlra tine of approval of thi oirerallplan and hae determlned that such- iould be approprlate asan open 6pace or recreatlonal anenlty in sulsequent reuaeof the sl.te, rater bodioe ray be perilttea. No part of the rehabilltatl.on area rhlch Ls planned foruses other than open space or agriculture shlll be at anel.evatlon }ouer than the ninlnuu regulred for connectlonto a sani.tarT or atot Beuer. Finlslied grades shall alsobe consistent uith the.establlshed pJ.an-for the propertyrehabilitatlon. 7-{5 r TAIVER. Ahe City Council nay allow deviation froD thestandards 6et forth hareln for ninlng and excavatlon operationsthat existed prlor to the enactnent or tuls ordinance irtren it isnot feael,ble to conply becaulo of prc-oxlattng condtii;;;. - SECTION 2. 'Chapter 20 of the Chanhasscn Clty Code is anended byanandlng Artlcle )()(vI I ln it. .ntlr.ty to reid: -9- lllneral extractLon ls only alloued in the zoningdistrict, where such use Ls dellneated as an allowed use. In-addition to conplylng wlth the requlrenents of the zoningordinance, all such uses shall couply with the chanhassenexcavation and nJ.ning ordinance, Chapter ?, Artlcle III, of the Chanhassen City Code. SEctIoN 3. Thls ordinance shalI becone effectlve inrnediately upon its passage and publicatlon. 20-1351r llINEnl! EIIlRlCltIOt. ATTEST: Don Ashrro rth, City litanager Donald ar.ChDiel , l,layor -10; TNTA P. T2 ADOPTED by the clty Councll of the clty of Chanhassen,this _ day of , 1990. (Publlshed ln the ChanhaBsen Vlllager on , 1990). ITtENORANDUIvI TO: Planoing Comoission, City Council/Mayor, City Admiaistraror FROI'I Dcnnis P. Wctsch, Conmuaity Dcvclopmcnt oi,."t .}l}tr RE: PROPOSED REVISION TO SAND AND GRAVEL MINING ORDINANCE DATE: Dcccmbcr 2t, l9E9 A public hearing will bc hcld at Planning Commission Mcctiag to Gravcl Mining Ordinancc. thc January 3, 1990 CitY coasidcr rcvisions to thc of Applc Vallcy City Sand and Attachcd is thc most tcccnt tcvision (#7.5) to rhc City of Applc Vallcy Sand and Gravcl Miaing Ordiaance. This proPoscd ordinancc has bccn updatcd ro coincidc with thc standotds utilizcd in thc 'Mitriat South of County Road 42' Draft Eaviroamcatal Impact Statement which is durrcntly within a rcvicw and commcnt ttagc. Thc Ptanning commission originally opcned thc public hcariag oa rcvis-ions to thc Saad ind Gravcl Miaing Ordinancc on Juac 15' l9tE. A hcaring on thc smendmcnt to thc comptchcnsivc plan issucs tclated to rand aod gravel mining was also hcld (April. t9EE). Thc Ptaoning Commission has alrcady solicitcd public input on rcvisions this scction of the codc. In cffcct, this hcaring is r coatinuation of samc proccss. Thc Commission may act on thc ordinlucc on January rccommcnding rctioo by thc City Council later in Januery. As an alteruative. thc Commissioa rnay wish to rdopt this rcviscd ordinancc as aa 'Intcrim Sand snd Gravcl Mining Ordinancc' pcadiag thc final rcview and edcquacy of thc Eavironmcntal Impact Statcmcnl Anothcr hcaring and rcvicw of thc ordinancc would then bc hcld aftct thc Council dctcrmiacs thc adcquacy of thc Environmcntal Impact Statemcnt in latc February or carly l'{arch, 1990. attachmcnts: Rcviscd Sand rnd Gravel Mining Ordinancc 7.5 Comprchcnsivc Plan Updatcs Proposcd in April, l9tt Minutca from planning commission public hcarings ll*'v c l,*l .lc krn OOF{ TOF YOUB INFORilAfl ON to thc 3rd, lto Qal;o'a I rr-e-.. --J JAN 2 5 199C CTEI, OE CIIANHASSEII CITY OF APPLE VALLEY PROPOSED SAND A}TD GRAVEL IIINING ORDINAIICE TAELE OF CO!{TENTS Pase rTooic Purpose Deflnltlons Crlteria For Zonlng APProval Consistency sith Clty Plens and Pollcles Slze Acccss EnvlronnenEal IEPacts PerEicted Uses PerEltted Ut!s Condltlonal Uscs Accessory Uses Prcvlously Pcrultc.d E:<letlng Uses Norlficatlon Ptocess Perfornance Standsrds Perelt Requlred Fenclng Hours of Operatlon Soll and llaEer Contcrvaclon Rewl'cv Secbacks and Hc lght Llattrtlons Slopes to llacer Bodt cc Setbacks and Slopca Along StrGBts Sctbacks of Acccss Ro8& Vlsual Screenlng geed control Ircation of Drlveray Accasa Paving Access Roads Dust Control Nolse 9ater Pollutlon IJas cerate r Renoval of Bu[dlng3 fopsoll I:ndscaplng Recleoatlon, Rcstorrtlon, nrhsbllltatlon Nonconforulng Uscs violaclons I 2 5 3 6 7 7 7 7 7 9 9 9 MAFtr 10 10 10 10 L2 13 15 16 L7 L7 17 18 18 18 19 19 20 20 21 21 22 24 26 l/ Adoptlon 26 DR AFT ?.5 CITY OF APPLE VALLEY ORDINANCE NO. DRAFI: tzlrtltg AN ORDINANCE OF THE CITY OF APPLE VALLEY, MNNESOTA AMENDING SECTION AI.4t,'SG'SAND AND GRAVEL DTSTRICT. PROVIDING FOR THE OPERATION AND REGULATION OF SAND AND GRAVEL EXTRACTION AND PROCESSING THEREOF. Thc City Councit of Apptc Vallcy ordaias: scctlon l. scction At-{8 of thc city codc is hcrcby dclctcd lnd rcwrittcn rr follows in Scction 2: Scs,ll&-!-Lsectioa A l-48.'SC' Send end Grevcl Distrlct. A[t FT (a) Purposc. Thc purposcs of this scctioo arc: (l) to providc for lhc cconomical sand, gravcl, rock and loil vital to thc rcgion: ind rcmoval of thc Ciry andof rnd cootrols in thc drainr8,c. Srouodwatcs q,rJ'rtL will minimizc thc aiacd or rdjaccat availability thc Irowth (2) to cstablish tctulations, safcguards City rcgarding noisc, dust, traffic. o/otltu ti6'n rnd othcr facton which cnviroomeotel rnd lcsthctic impac6 oB Il I propcrty. I !blishr:1rt l! 4., ,t',tat1* t- ,t.' ,ip . . ,,. .-; rrilr'-c- J\'^'" (3) to control end miaimizc pollution Gauscd by wiod and soil crosion lnd tcdimcntation; bsi thc tocations, ordcrly approval proccss, and j i ciaiing conditions undcr which sand and gravct cxtraction tstsAE"s'."ntwithcristingandplanacdtraduscpattcras. I .. _J 0*"n:V' i,\.:$' c.1ol - t, (5) to cstablirh this sand lnd gtrvcl zonin3 district as thc only zoning district whcrc oes sand and gravcl opcrations will bc allowcd, punuaat to thc City Couacil rpproval of a conditional use permit and rnnual Council rpprovll of crcrvation pcrmits. (b) Dcflnltlori. tVhcncver thc following lcrBs lppcar ia this ordinrncc, thcy shatt havc ths meanings assigncd to thcm in this 3cction: AbtndooEcnt .Thc actual vacancy of ray Dortion of thc zoocd prcmiscs for a pcriod o[ twcnty-four (2tl) consccutivc nonths. Such vacancy shall bc conclusivcly prcsumcd ts iatcnt to rbaadon or vacltc rhc site by thc opcrrtor; ot thc oincrrlr hrvc bccn rcmovcd to sithin 1096 (high or tow) of thc proporcd fioat or toscsr clcvatioo bcyond thc poiat vhich Dakc! thc citc cconomically coBpctitivc lo coatinuc thc crtnctioa os associatcd proccssin& 2 and groccssing will bc allowcd ia thc city: .od ro sstrbtish conditions which insure thc rcstontioa of mined ltcas portion of thc G=iopcrly zon propcrty at lcast twcnty (20) ac[cs rn stzc.ll '-t lrl l;r.l A FT Dust Airbornc. inorganic. particutatc Dattcr othcr than smokc or stcam. Ercrvrtion PcrEll: Thc annuat pcrmit rcquircd of all cxcavation sitcs./owncrs by thc City of Applc Yallcy Codc Section 6'20. Fircel tmprcl Aoelyrls: A comparativc loalysis grovided by rhc pctitioncr (or prc9arcd by thc eity or is consultaat rad paid for by thc pctitioncr) which itcmizcs thc fiscal impact of propcrty tares, land uscs and gublic improvcmcat costs. of thc proposcd minint opcration lnd thc proposcd 'cad uscs' on the city, county. and rchoot district ia comparisoa to thc fiscal imprct propcrty trxc3 rnd land uscl end public inprovcnctrt costs of dcvctopmcnt on rhc sitc if oo minil3 would oocur. All projcctions shoutd bc ll prccot dollrr vlluc. cxcluding infl8tioo. 3 Complction of Opcreltoas, Notiec thereof: A srittcn noticc filcd wirh thc City Clcrk cightccn (tS) rq.t6uftuA months prior to thc complction of cxcavation opcrations- Aftcr thc lE month pcriod, activc and :ubstaatial crcavstioo shall aot occur oD 'propcrty which has bcen prcviously crcav8ted. rod 3o noticcd tod describcd. Complction of opcrrtions Inay occur on 8try dcfinablc I Miocrrls: Nonmctaltic mllcrist found in thc carth timitcd to sand. gravct, rocks, aad soil. which ovcrburdcn. including may bc but oo! covcrcd by Operetoi: Any pcrson or pcrsoas' partncrships or corporatio& or assignccs ot any lssociations, or pctsons cithcr natural or artificial. including cvcry public or govcrnnrcotal sgcncy ;cogr-gcd in sand rnd gravcl opcrations. .FT Overburden: Thosc oatcrials which lic bctwccn carth and thc mincrsl dcposit to bc oiBcd. thc surfacc of thc Proccsslng: Any lctivity which may includc thc crushing. washin8, stockpitin& compouading, mixing, or lrcatmcDt of sand' g,ravcls, rocks, or similar mincral products into consumablc products such as construction grade $nd, trtvcli concrctc' asphalt, and othcr rimilar products. Rcclenelion, ncstorrtlo!' Rchrbilltetlon: To rcncw ' land to a sclf-sustaining. long tcrm usc which is compatiblc with contiguous land uscs end which proccss shall includc lhc rc' cstablilhmcat of vcgctttionr soil ttability ead cstablishmcDt of safc conditions appropriatc to thc iDtcndcd usc of tbc land in accordancc with thc city's comprchcnsivc guidc plan end thc conditionat usc pcruit coaditioas lllowinS for crcavation lnd/or proccssinS on thc 3itc. r__.i a ' ffiA 4 Srnrt rnd Grevct Opcrrtloas: Thc lcmoval, cxtraction, lruck hauling. crushing, processing, Grcavatiotr end/or sands. gravcls. rocks and similar mincral products. production of 0-) 'llrl \ I ljli; (c) Crltorh for Zotlng, Dl.trtct APprovrl. In cstablishing e Sand and Gravcl Zoning District, thc City Council shlll fitrd that: (l) Conslstcocy rlth Clly Ptrar ud Pollcics. Thc proposcd district is consistcnt with lhc tcrt and maps of thc comprchcnsivc guidc plan rnd thc tocation is suiteblc in that thc cxclvltion. mining' processing, rtockpitiag ot hruting of read lad trrvct dcposi$ wilt oot crcatc a nuisancc or ldvcrscly rffcct thc adjaccat propcrtics Thc pctitioocr for I 'SG' districr. er his solc cost' rhrll providc information to hclp dctcrninc said suiobility' includia3. but ool limited to ! complctcd zoaiag tnendmcnt lppticrtioa: crhibits ittustnting rdjeccat rad on-ritc buildings lod lrld utcq crirtiag 5 Stoctrplllo3: Stockpiling ot stor!8c of proccsscd ot rlw matcrials on 'thc sitc of lhc !.od rad gravcl opcrstiotr- Such opcrations m'y continuc or bc sold from thc sitc for up to cightccn months aftcr officiat writtcn noticc of Complctioa of Opcratioos has becn . -tt rubmittcd to thc City Clcrk. - City h a.(.|+G caray''zro rf S,'re co"Jo",,*r, ru c,rr{ r.r.6r,./i1 /"n.t tl bt ,5,.Ja{ c.rot/y, C,r, ,oJcl eitl-' <-ash l.'ard 61 le(i lrrcs o.ers... .to +tk 4d;3.^. to 4c<- uQ J".ti- -fo t< cSlLl;L- ToDsolt: Thrt portion of thc ovcrburdcn shich tics with lhs 'A' horizon of soil closest to thc surfacc ead which supports thc growth of vcgctation. -rqR N Said fiscal impact analysis shall includc two typcs projcctioas: i. a land usc dcvctopmc[t sccolrio bsScd on cxisting R {t comprchcnsivc guide plan aad zoning dcsignations \i \\ ii. an altcrnativc sccnario bascd upon thc assusption that i ncw 'SG' district with t ptarncd unit dcvclopmcot cnd usc is apptovcd. (2) Size. Thc proposcd 'SG' district shall covcr ln area of at tcast twcnty (20) acrcs. (This _ limitatioo shall oot apply shcn thc tract of lend is coatiSuous to tn lctivc sand aad gravcl opcration! provided thrt both tracts .rc bcing opcratcd by thc samc produccr.) 6 elcvations and perccnt of slopc within and thrcc hundrcd (300) fcct bcyond thc pcrimetcr of thc sitc; cnviroamcnt asscssmcnt workshcct or impact statcmcots; and fiscal impact analysis. Each fiscat proicction shatl inctudc cstimatcs of all known public improvement costs; timing of dcvclopmcnq ncw dcvclopmcnt valuations; total annual propcrty tarcs pcr typc of. usc; short tcrm construction jobs, mining jobs, and cstimatcs of pcrmancnt jobs to bc crcatcd bascd upon thc cnd uscs proposcd; and thc numbcr of households. occup.nts lod school aged childrco that could occupy thc sitc aftcr complction of cach phasc of cnd usc dcvclopmcnt. (3) Acccss. The sand rnd gravcl district shall havc dircct acccss to aon-rcsidcntial. collcctor strccts or county roads of sufficicnt load carrying capacity to scrvc traffic Ecncratcd by thc sand and Sravcl opcrrtion. irli i ii\ ii; 'll'lr (4) Envirorncntrl loprcts. AD covitonmcntil impact statcmcat (as defincd by Minncsota Environmcotal Quality Bo'rd Rulcs) lhall bc complctcd for cach gravcl miniag projccl proposcd' Thc proposcd projcct shalt mcct thc rccomElendcd statrderds ptovidcd by thc mandatory cnviroumcntal impact statcacnt. Thc rcspoascs and rccommcndationsofthccnviroamcntalimPactstatcmcntshsllbc considcrcd by thc City Council prior to rny final 'ction on a rczoning rcqucst. Thc application [or rczoning shall lot bc considercd complctc until such timc as final comocnt bas bccn rcccivcd on thc adcquscy of thc cnvironmcatal impact statcmcnt' (d) Pcrmlttcd Ures. Within any 'SG' district, no structurc or land be uscd cxccpt for onc or morc of thc following uscs; (l) Pcrnltted Uscs. i. All typcs of agricuttural pursuits. limitcd to thc raising of crops and othcr phat matcrials ii. Commcrcial grccnhouscs and nunctics (2) Condllloorl Uscr. Withio lny 'SG' district lhc Grcrvltion. hauling, mining, stockpiliag or proccssing of sand rad 3ravcl dcposiG and such buildings ud cquipmcot !3 irc customarily incidc[tet thcreto. inctudiag coocrctc tnd rsphrlt ptantr, D.y bc approvcd by the City Council lhsouS,h thc islusncc of I clnd shall 7 B RI\\tT and Sravcl coaditional usc pcroit. Conditions regarding opcrations and rcclamatiotr/rchrbilitstioo may bG lttachcd to thc conditional use pcrmit for thc raad rad gravcl operation in ordcr to tssurc coopatibility f ith ptcacnt and futurc land uscs' For purposcs of caforccmcat conditions rttachcd to said pcrmit shall bc coasidcrcd t portion of thc City Codc. (i) Within . sand lad Sravct district' rny ccotralizcd proccssing washing or crushing plant for matcrials 3uch as sand rnd trtvcl, concrctc, ttphalt os othcrs shlll bc alloscd onty es a portion of r cooditiooal usc pctmit. Said plaat thatl bc locrtcd in e pctuancot ccntralizcd locatioa wirhin thc excavatiotr sitc. Exccpt whcrc thc rpplicant can dcmonstratc th8t thc plant cao Dcct statc rad fcdcral air and noisc standatds rt thc projcct propcrty lincs' said proccssing ptaat 3hllt bc complctely clcloscd within a closcd buildiag with wrlls from floor to cciliag (crccpt for matcrials cntrics/cris end doorways) rod t scrlcd roof (cxccpt for stcae .nd hcrt GrchlntcG) in ordcr to scducc air particutatc and noisc pollution. (ii) Portabtc, pit facc crushia3 cquipmcot nly bc rpprovcd as I portiotr r conditionrl urc pcrnit providcd: s. Thc tocltion of thc PorBblc crushiot cquigmcnt occts rtl mining and/or crclvrlioa rctbacks for thc area ia which ir k to bc locrtcd. b, Thc top of thc pottrblc cturhin!, cquipmeot rld rll t ,\ (c) Notlflcetlol Proccsr. In addition to thc zoning lod conditional usc pcrmit Dotificrtioo proccss rcquircd clscwhcrc in this codc, ootificltions of thc proposcd rand and grevel district rczonitrt ud/or coaditioDll - usc pcrmit hcaring shatt bc publishcd once in thc officirt lcwsptpcr of thc city and maitcd by thc city clcrk tt tcast l0 deyr prior lo thc hclring lo att city propcrty owners within 3600 fect of thc propoicd ccatral plant proccssing 3itc or within 350 fcct from thc propcrty lincs of thc proposcd district rnd ssnd rnd Sravct conditiolll usc PGsBit whichcvcr ir grcatcr. In rddition. thc city clerk of cach city within 3600 fcct of thc propcsty lincs shall bc notificd. Thc applicant shall supply lo the city clcrk a ccrtificd lisr of all city propcrty owncrs within 3600 fcct of thc propcrty lincs of rhc proposal within thc city linis rnd thc adjaccnt city ctcrk's busiacss addrcss, at tcast 30 days prior to thc hcariDg datc. At lclst t0 days prior to thc hctrinS, thc City Ptrnocr rhalt post puitic hcrring noticc aig[ boards oo rll sidca of thc psopcrly which atc adjaccnt ro a public right.of'way. s 9 convcyor systcms atc phccd a minimum of 15 fcct bclow thc cxisting grade of thc Doncrclvetcd pit cd8'c ot coostructcd bcrm protcctcd within lhc pctmancnl sctback from thc propcrty liacs. t .,, i., (3) Acccssory uses as pcrmittcd undcr tubscction At'3'f(d)' lrt 'ii l"' i' ',, ' ' l '' ,: tj (4) Pscyiously pcrmittcd, cristing trtst oot iaconpetiblc rirh raad rad iravct opcrltiotrs- (f) Pcrforrnrnce Stendrrds. tn any 'SG' pcrformancc standards shall bc obscrvcd: $ i. Aror maximum district, thc following (t) Pcrmlt Rcqulrcd. No send rld 8slvcl opcrations shall occur cxccpt undcr the tcrDs of en lDprovcd taod lDd gravcl conditional usc pcrmit with a Ptaoacd Unit Dcvclopncnt AtrccEcat for phascd rcclamation and proposcd cad uscs of thc 18trd. Aftct fusuaacc of 3aid pcrmits' thc applicant shall bc subjcct to !E lolual Gxcavation pcrmit issucd by thc City Couacil. Rt\(2) Fcacing. A Bioinun tix'foot (6) high chain link typc fcncc mccrint Mianesota DcplrtDclt of Trensportetioa strodards for right- of-way fcncint shsll bc conrtructcd tt thc aropcrty liacs at rcquircd fcncc sctback lincs etong all Propcrty liacs by thc opcrator lo control acccss to rtry crcavatiotr fron adjaccnt dcvclopcd rcsidcntial propcrty. (3) Hourr of opcrrtlou for Gxevrtioo. proccssing lnd truck hruliog. (cxccpt hauling thcsc thousatrd adjaccat Lcss ther !600 fcca to nc.ldcrtltl Arcrr. Thc hours of opcsttioo3 for cxcavation. proccssing cotrcrctc tad $phrlt Proccssilt)' lnd truck cquipmcat ia r lnd rad grevcl district wherc lctivitics tre tocetcd closct than thrcc sir hundrcd (3,600) fcct to thc city's,ot ao city's, dcvclopcd ot zoncd rcsidential t0 T propcrty which cxistcd prior ro thc cffcctivc date of this ordinancc or zoning map amcndmcnt, shall bc 6:30 a.nL to 5:30 p.m. Monday tbrouSh Friday unlcss othcryisc stipulatcd ia thc rpprovcd coDditiooal usc pcrmit bascd uPon aoisc rad air pollution control mitigrtioa Dcasurcs. ii. Arcer aosc lbl! 3600 fcct frorn Resldclthl Arces' Thc maximum hours of opcrrtion for Gxcavltio!. proccssing (crccpt concrctc and lsphah proccssint) rnd truck beuling cquipmcat in r rand rad Snvcl district whcrc thcsc tctivitica lrc locrtcd frrthcr than thrcc thoBrnd six huadrcd (3.6fl)) fcct to thc city's, or an adjaccnt city's. dcvclopcd os zoncd rcsidcntial propcrty which cxistcd prior to thc datc of this ordinancc or map amcndmcat. shall bc 6:fi) e.m- to 6:00 D.m., Monday through Saturday, unlcss othcrwisc stigul.tcd in thc approvcd coaditionel usc permit based upon aoisc and air pollutioa control mitigation mc!sures. it tl iii. Proccsslng trd Mlxl!8 Exl.ldcd hours of opcration for concrcte rnd rssociltcd truck hauling cquipmcnt crushing) in a sand rnd gravcl proccssin8 cquipmcnt is locatcd in Hosrr. Thc marimum .sphalt proccssiag and (Dot crcavatioo or district whcrcin thc r ccntralizcd locrtion ll ,l;: i,,r l:' sf,\ f'\$5I" and within an cncloscd pr(rccssin8' building shall be 5:00 a.m. to tO:00 p.m- Moaday through Saturday, unlcss othcrwisc stipulstcd itr the lpprovcd coDditioaal usc Pcrmit bascd upon troisc ![d rir poltutioD coatrol mitigation mcaSurcs. Solt rad lVracr Coarcrvrtlol ud trYrtsrrhcd Rcvlcw rnd nncndrtlons. As ! Part of thc original application for a conditional usc Acrmit, and raButlly with thc application for rn excayation pcrmit, thc eppliceat 3hall submit Srading plans and phascd rchsbilitatioo plaas to thc Dskots County Soil and Wetcr Conscrvation Scrvicc and to thc Vcrmillioa Rivcr Vatcrshcd Managcmcnt Organization for rcvicv lnd rcconmcndetions. Ssid rccommcndations on thc phascd rchabititation gradiag soil and wetcs rctcntioa plrns shall bc rcvicwcd annually by thc City Council and may be includcd as a condition of thc cooditional usc pcrmit or thc anoual crcavation pcrmit. 12 lErurcrs ilot PlOEtlY C z ttc ottrllc, 3o,r@AnrEs lD Erlsrtrc l,lolr6s e€rlr loL zor€o m usED f4 mrsE, scllool',PAR( zorEo (n lJsEo fin oo{. e lllousltl^L aorDt.o.u. tm '!'t :'m '-' :m 'cctiffi;& mo ilii t@ 'r't t I l,) ,i r Cqrfrtc Ptjtr, tn EEtctd at4. b, Ertlrior lrdr.lt ?ljti) In ttrtoecd ttdl- b) Crtcrior G) scn$cr Po.id3 ErtYrt iq! ardtinlll .t ?lt f.c. 3t8kpi t6 t00o ,rct 26m lcct 600 ltct 30o ,t t 200 t..t !)O lrct t00o f..t !00 fcct af i6rtf ranritefi rafi tret..rfi a0ftt 1000. {cct @ fclt l@ lc.t !m lcct !00 t..tfnrt ttrtit|9 ad LlntaflEc rEton Ltlllt^rrols tc 8EEIS, roft3 lD 'L XIS llnh.r Prlrry atlr x.ifht t6 xulu 3ccotdary or atelpl l. tG,r i.lltt aO l..t ao t.Gt {o t!! lLrlar fotcr or Ptrit llcldrt lbovr 8.tr Etcvrtlqt 6 (..t 95 f.ct 9' l.3t Adjrccot to rcsidcntial dcvclopcd or zoncd 'rcrsr Grov'tion, mining' ud stockpiling shetl oot bc coDductcd closcr thrn thtcc huudrcd (3OO) fcct to roy city or rdjaccnt city's rcsideatirl or muttiplc dwclling ttructurci ,csiAcntiat zoaing boundrry. ot proposcd rcsidcatial structurc 'pad'. cristiag oD thc rpprovrl datc of thc sand and gravcl coaditional usc pcrmit. taat E t..t Y.fl6 t3 (5) Sctbrcf rnrl Slopcs to Adirccnt Uses or Zones' BERM HEtGHTS. SETBACKS FROM PROPERTY OR ZONING DISTRICT BOUNDARIES. AND EXTSTING BUILDINGS DAYTIME AND NIGHTTIME .oO fcct 1000 lc.t 600 ,cCt lt 1000 t.3t Adjlccnt to non-residcntialty dcvclopcd or zoncd arcasi cxcavation' tcmporary crushing. iatcrior concrctc and lsphalt production' scdimcntation ponds and stockpiling sithout bcrming and vegetativc buffcring shall not.bc conducted closcr than thrcc hundrcd (300) feet to thc boundary of ao adjoining propcrty tiac cxccpt to rcducc thc clcvationthcrcofinconformingtothc'djoiaingpropcrty'as stipulatcd ia ttrc conditional urc pctmir Exccptions: i. In thc last ciShtccn (lE) months of opcratioa' aftcr filing --, writtcn noticc of intctrt to conplctc opcratioas' thc opcrator Ii\ [ \\ may complcte crcavation rnd rccramatioo opcsations ro within onc l! hundrcd (lOO) fcct from any noa'rcsidcntial property linc' pilcs locetcd lcas thatr cct from thc propcrty linc is at lcast (E) fcct bclow thc avcrrgc [rs t hcight of thc adjaccnt bcrms within thc 100 foot mandatory sctbsck. During cxcavation opcratioas. thc alopc to thc bottom of the pit from thc rcquircd sctback litrc shatl bc no trcatcr thrtr two (2) fcct horizontal to one foot vcrtical. All Dotr'protcctcd or uatrcatcd soil banks or pit bottoEs of cxcavation lrc$ oot cxcavatcd to a ground hirtccn hund 1000) t4 ii. In thc lnnual cxcavetion pcrmit, thc opcrator oray rcqucst approval to complctc lcmporary cxcavation and tcmporary crushing to within onc hundred (100) fcct from any propcrty linc for a pcriod of onc ycar, providcd thc maxinum height of any cxcavation! tcmporary crushing cquipmcat os tcmporary stock 2, watcr producin8 dcpth shatl bc lcft t\ iih ! slopc no stccpcr than lcn (t0) pcrccnt crccpt as spccifically sripulatcd io thc cooditional usc permit or utrual pcrmit to Eatch cxistins' clcvatioas on adjaccnt propcrty. Grcatcr slopc may bc permittcd if it is ia substantial conformity to thc imocdiatcly rurtouDding erca- lrVhca crcavation is complctcd on a scction of thc pit, ell crcavatcd arcas rhall bq ..!:) !r'r finish graded aod sccdcd in conformity to thc sutrounding natdril i "' topoSraphy ead ia lccordancc with thc city'l comprchcasivc guidc plan. Thc gradcs shall providc for sufficicat drainagc ao thrt both aatural and 3torm watcr tcavcs thc propcrty at the otiSiual or natural draiaagc points shown on thc Platr, Gxccpt whcrc othcrwisc - designatcd by thc city ca3iaccr. (6) Sloper to w.tcr Bodles. All grouad wrtcr or stotm watcr stotagc arcas rcsultinS from crcavation shall bc rchabilitatcd gs follows i. Any storm watcr oond constructcd for intcrim or final cnd uscs shall havc a minimum 100 foot laturrl plant mstcsial shorc land buffcr zonc sctback constructcd by thc applicaat as part of lhc rcclaEatioo of thc sitc. l,l ii. Storm water oonds shall havc shallov wttcr slopcs of 20:r in arcas "!i?=ti;;#. l[l)o$n 3 {"- '' to'" ter.r {L1 ]t<r. ,+ \r-v" cGd! l0:l to iii. ln man-ma c eround satcr la kcs thc bottom contour shall bc thc dcepcst portion of six (5) fcct horizontal to Bradually slopiag the w.tcr body at from thc shorcliac to l marimum dopc of r5 i;: i\\ "1\ onc foot vcrtical (6:l) for er lcgst onc huadrcd (100) fcct from thc proposcd shorclinc towrtd thc ccatcr of 'hc watcr body' Beyond t00 fcct ia horizontll distancc, thc slopc of thc bottom contours may bc ltccpcs thra 3:l or as. stipulatcd in thc sand end gravct miqinS, coadirioaal usc pcroit. iv. Shorcline stopcs rsccndilg froo rDy urtct body shall trot crcccd ooc foot vcrtical ro rix (6) fc't horizontrl crccpt as stipulatcd in thc conditiorel usc acrmit or crcavation permit. ", l (?) Sclbrcl ud Stopcr AIoa3 Strcctr Saad eld grtvcl cxcavltion' - shall aot bc conductcd closcr lhrn onc hundrcd (100) fcct to thc right-of-way tinc of any cxisting or plrttcd strcct. rold or highway. Exccption l: Ercavation mry bc co[ductcd withia ruch limits in ordcr to reducc the clcvation thctcof in conforning to r strcct Bradc cstablishcd by thc city cltinccr, 13 ltigul.tcd in thc conditional usc pcrmit for thc opcretion. Exccption 2: In thc last cithtccn (lS) Dontht of opcrationr rftcr fiting writtcn noticc of intcat to complctc opcrations, lhc opcntor may complctc rcclamatioa 3rrding opcrrtions within thc IOO foot rcquircd 3ctbtck to lry ritht-of'Yty proPcrty linc' Thc finat slopc to thc bottom of tbc pit froo tbc road riSht'of' way linc shatt bc Do 8rcltcr thro thrcc (3) fcct horizootal to onc foot vctti6l. t6 (t) Sctbrctrs of Acccrs Rordr. Thc mining sctback arca requircd may' in Dart, bc uscd for a clotral. pavcd acccss road !s sripulatcd in rhc coaditional usc pcrmit. (9) Vlsurf Scrccrhg. Thc minimum rcquircd sctbrck rtca (scc rcction 5) along atl crtcrior gropcrty liDcs thttl bc berncd, laadscaPcd ,lnd planrcd in lccotdancc with thc tcrms lnd cooditio[s of lhc 3and 8nd gravct conditiotrat usc pcrmit. Vithin thc tcquircd lctback arca. thc t00 fcct adiaccot to thc ptopcrty liac lhlll bc bcrocd (thc 'primary bcrm') to a hcight of 16 fcct. vith ! 2:t slopc rtrd landscsPcd with a sccdcd fibcr mutchcd turf rnd conifcrous trcc tccdliogs to ' dcnsity of tOO sccdlings pcr !crc. All ltcat wirhio thc rcquircd scrbrck shall bc landscapcd with a sccdcd tutf within 15 days of cxcavation. (t0) wccd Coatrol. Wccds eird othcr unsiShtly or noxious Ycgctatioo shall bc cootrollcd l! ncccssary to prcscrvc thc lppcrrracc of thc landscapcd .rc!. Eritting trcc3 and topsoil along cristing pubtic rights-of-way shall bc prcscrvcd, maintaiacd rnd rupplcmcntcd fot thc t7 Proccssing phnts and towcrc from crushin& coacrctc' end rsphalt plants shall be locatcd st thc lowcst or basc clcvltioo otr thc sitc Thc hcig,ht of thc ptant ud towcrl .nd thc basc clcvetion thrll bc stipulatcd in thc conditional usc pcrmit. Plant rod towcrs thall bc scrccncd with sccondary stockpilc bcrms trot to cxcccd rl0 fcct in hcight. * dcpth of thc sctback or as stipulatcd in thc cooditional usc pcrmit or cxcavation pcrmiL (f2)-rPevlng Acccss Roeds. All acccss roads froe a srtrd rtrd g'ravcl ,1 1\obcrl\ion to any public roadway shall bc pavcd with tsphalt or \i concrctc for a distancc of at lcast six hundrcd (600) fcct to -thc iotcrscction with a public roadway to minimizc. dust conditions. Acccss roads bcyond six hundrcd (600) fcct shlll bc tr€atcd with ! dust rctardant on a tcgutar basis es stipulatcd ia the annual crcavation permit. a. Extension of thc pavcmcnt lclgth on thc rcccss road. b. Instlltatiotr of a wrsh fscility ald wash rtck. (13) Durt Cortrol Studerdr. Atl iatcrnal roads rnd scccss roads within thc aaDd lBd gravcl opcratioos shatl bc trcrtcd to minimizc dust conditioas ls stipulrtcd io thc conditionel urc pcrmit or -'N$ rg Ng' IE (lt) Locrtion of I)rlvevry Acccss. All Dcaas of drivcway acccss to a sand lnd trevel opcration. from any strcct shall bc so locatcd and dcsigncd as to avoid thc routing of vchiclcs from thc propcrly ovcr strccts that primarily scrvc abutting tcsidcotial dcvclopmcnt Soit tracking from truck hauting onto public roadl from thc tcccss road may also rcduccd through improvcmeats rcquircd as part of the annual cxcavltion pcrmit. Thcsc improvcme!$ mry includc' but arc not limited to: crcavation ocrmit. All proccssing cquipmcnt shall bc containcd within a fully cncloscd building. Alt stockpilcs hiShcr in Glcvation than thc pcrmancnt Dcrms llong propcrty liacs rhall havc Pctnrtrcat :pngltgdluAlllttnryry, to rcducc *ird GtosioD ftom thc atock pilc. !li.)i (14) Noisc. Thc marimum noiss lcvcl .t thc acsiDctcr of thc aitc shatl bc withia thc timit sct by ttc Minacsota Pollutioa Control Agcacy and US. Eaviroomctrut Protcctio! Atcacy. Ia ao cesc shlll thc troisc lcvct cxcccd 50 dccibcls mcasurcd !t 3600 fcct from thc noisc making equipment or rctivity. All proccasi[8 equipmcnt shall- bc locatcd in cncloscd buildings or surrouadcd by bcrms st lcast 30 fcct in hci8ht. All scrccnsr hoppers. end convcyors bclts 3h.ll bc aon' astallic. NOISE LEVELS AT SPECIFIC SETBACKS SHALL NOT EXCEED THE FOLLOMNG: Equipmcot IOO fcct lfi)0 fcct 2OOO fcct i. Ccaralizcd Crushcrs: tt dB. 50 dBt ii. Pit Facc Crushcrs: t3 dBe 50 dBa iii. Front End Loadcrq tl dBr 50 dBr iv. All othcr Machincry; E0 dBr 50 dBr (15) wrtcr Pothalo!. Opcrators shall compty with .ll epplicablc Minncsota DNR rad Pollutioa Conrol A8cacy rcguletionl rnd US. Corp of Enginccrs and Eovironmcntsl ProtcctioD AScacy rcgulatioas for thc protcctioa of wetet quality. No wlstc products or proccs3 rcsiduc' including untrcatcd wastc wash watct, !h.ll bc dcpositcd ia eny lakc, d$+ tJ i tt o* r9 $ \v containcd within thc cf,cavation wastc matcriats shall utilizc city strcam or natural drainagc systcm crccpt that takcs and ponds wholly urilizcd. All human disposal or scalcd ,3C plic tanks with oonthly scptic taak pumpioS,s' sitc may be cctrtral scwcr tt \'l\ \1 (t6) lVrstcvltcr. Opcrators shall disposc of all wastcsltcr uscd on thc aitc ia ! m.nncr which will oot advcrscly affcct edjoining propcrty 8nd 3hau usc silting ponds or othcr mcaas of disposinS' of thc suspcndcd sotids in thc wrstc wttcr ls stipulatcd in thc conditional usc pcrmit or cxcavation pcrmit and approvcd by thc city eaginccr, (I7) Rcmovet of Bulldlngs. Withia r pcriod of ciShtccn (lt) months aftcr filing lcttcr of intcnt to 'Complctc Opcrations' or within six (6) months aftcr detcrmination by thc Council thet rhc aitc has bccn abandon by thc sand and gravct opcratioo, all buildings' structurcs and plaots incidcntal to such operrtion shatl bc dismantled and rcmovcd by and at thc crpcnsc of thc sand .eod gravcl produccr last opcrating such building' structurc or ptant' or rhc owtrcr of thc propcrtyi unlcss thc structutc or usc is compatiblc with thc anticipatcd ultimatc usc of thc ptopcrty. All buildiugs' structurcs or plants oot rcmovcd as rcquircd by rhis scctioo may bc tcmovcd by thc city with thc costs for s.id rrmoval chargcd to thc produccr last operatinS on thc propcrly or thc owocr thc propcrty' 20 \rc' ( I t) Topsoll. Stripping of topsoil from cithcr 'A' or 'B' soil U- horizons shatt bc dooc onty from Novcmbcr I to May I of cach year' Gradcd or backfiltcd arcas (or benks ia thc ctsc of crcavltions madc to I rvatcr groducinS dcpth) 3h8ll bG covcrcd with topsoil to ! minimum dcpth of four (4) iochcs as pltt of thc scchmstioa pFoccss' Sueh topsoil shall bc capablc of supportitrt thc Srowth of vcgctationl ' Thc opcrator sh.ll tuarrntcc th.t cithcs t) rll 'A' hotizol topsoil scrapcd from lhc sitc lhalt bc rcteilcd rt thc sitc tod uscd !s rurfrcc soil ia pcrmtacnt bcrms or uscd for thc conplctc rcstoration of thc sitc . or 2) I pcrfornancc bond guarantcciat thlt lhc opcsatot will rcplace of rll topsoil (to r dcpth. of 4 iachcs) aecdcd Jor rcclamation of tbc ritc is fitcd sith thc oriSinal coaditional usc pcrmit. Othcr soit tctcntion Ecthods nay bc ttipulrlcd in thc conditional usc pcrmit ot crctvrtion pcrDit. (19) Leadsceplng. Upon rcptaccDcot of thc ropsoil, arccst shrubs, tcg,umcs, trrsscs or othct ground covcr tirnihr lo Mioacsotr Dcpartmcnt of Transportation Mix * t00 shrll bc pl8trtcd upon such arcas in ordcr to rvoid crosion. Such rcstorltion shrll bc on a continuint basis rs crBvatioa is conplctcd. 8crm, stockpilcs, drainage channels rnd 3ctback .tcrs sh.ll bc :cedcd withio l5 days lfter thc complction of fiaal trtdinS. All culvcrt invcrts and ourtcts shllt bc toddcd within t5 drys lftcr eomptctioa of final grading. Thc appticant shsll bc rcsponsiblc for final gradin3 end rcsccding of t-.- 2l -\\\ \.1 t1 \\ ii '(c) wit acc all rcctaimcd land, including public patk land' Sccding shall occur bctwccn April l5th rnd Au8ust l5th. On stopcs Sreatcr rhan 6%' sccdcd soils shalt mulchcd with a fiber ot straw hyrdo-mutch and tacking agcat. On stopcs lcss thao 696, . ! disk aochorcd ttmw mulch may bc uscd. Soil crosion fcnccs, brlcs, dikcs or combinrtioas thercof shall bc uscd at thc besc of tlop6 trcrtcs t[an t296. Statcd fibct blaakct or stakcd sod shall bc inrtltlcd otr lll 3loPc! lrcrtet thsD 2:l' ( Rcct.Ertlon, n6lo?rlloor Rchrbltltetlou Thc rppliaar rhall comply h thc following time timits lad standards during, Partial rnd complctc lamation of thc sand and gravcl sitc. (l) At thc time of iaitial apptication, end rs an tnnual updatc is acccssary durinS thc rcview of thc crcrvltion pcrDil, thc epplicnat shall mcct thc rcquircmcnts aad proccdurcs for 'r Planncd Unit Dcvclopmcnt (Scction Al-46 rnd Al'47) ill$trttint rll prcscnt aod futurc stagcd uscs proposed for a sand lad travcl site uodcrgoiog rcclamation. The city nay combiac pubtic hcarings for thc cooditionel usc pcrmit rnd ptanncd unit dcvclopncnt cnd ure plan, Elch lttnual cxcavltion pcrmit shalt bc sttachcd to the oritinol conditional usc permit as an sncndncat thcrcto. w Each aanual cxcrvalioo gcrtDit rcstoration/ rehabilitatioa plen bccn complctcd for that ycrr. shall for contain rn cad usc thc lrc. in which rcclamation/ miaing has 22 (2) Atl collcclor strccts right-of'rvays and utility corridors approvcd as part of a Planncd Unir Dcvclopmcnt 3hall bc fixcd in vcrlicat and horizontal tocatio! rad rccorded with thc County Rccordcr !s pcr thc rcquircmcaB of thc Offici.l Mapping Statutcs 1162.359 prior to thc issuancc of thc first Grclvttioa pcrmit for rhc sitc. Thc rpprovcd end rccordcd official nlrp Day bc iocndcd from tim to timr lnd rc-rccordcd eftcr approval by thc city councilr,, ji ,i,, (3) ltatcr Bodics rad Drainage Ptenr" All gtoposcd cnd usc dreinatc, storagc. surfacc ruo'off lad naa'oedc grouad watcr lakcs or wctland plans erc aubjcct to rcvicw by thc Vctmillion Rivcr lrVatcr It enagcmcot Orgaaizltioa. All grouad watct l.kcs lnd ground water wctlands crcatcd as prrt of thc cad osc plau for a mincd arca shatl bc subjcct to thc city's thosclaod Ealatcment ordinancc. Such lakes and wctlaods rnd dcvcloptblc laads witbitr 5OO fcct of thc shorclinc shall bc classificd rs 'rccrsrtioael dcvclopmcnt' arcas .nd shatl rdhcrc to ltl dimcasional critcrir listed io Scction Al-49 (in cffca oa ahc dttc of thc originrl conditioaat usc aermit approval) uDlcss othctwitc rtipuhtcd in thc conditional usc permil 'r"rr'-\'Or\+ All drainagcways from impcrviouc surfaccs offlna Iroa uscs 3h.lt bc gradcd and draincd in such . maoncr to dircct ruch ruooff lo surftcc watcr scdimcntation aod filtratioa pondt ot wctleads prior lo rclearc into any groundwatct lakc or wctlaad. ffi "L I 23 Ground watcr lakcs and Yctlands which arc grcatcr than l0 acrcs in watcr surfacc crcatcd as a part of rhc mioiog Gxcavations shall bc Sradcd to atlow for cad usc pubtic pcdcstriao acccss systems within shorclincs dcsigaatcd for public ownership' \) Grading. As Dcvclopmcnt, thc t,;',- \t'l applicant shall intcrvals, iltustrating thc proposcd final gradcs within thc portion of thc aitc rchabilitatcd each yctr with thc epplication for en annuat cxcavation pcrmit. Alt rchabilitation arcas which arc planncd for tand and building uses (othcr than pcrmancnt oPCo lpacc or agriculturc) shatl havs a final ctcvation at lcEst fiftcea (15) abovc ths normat ordinary groundwatcr levcl: and, such arcas shall bc planncd for gravity conncction to thc city's muaicipal sanitary scwcr or storm scwcr system or as approvcd by thc city cnginecr. lf a final ctcvation plan for thc aitc has aot bccn submittcd to thc City Council for approval within six (6) months aftcr abandonmcnt or complctioa of opcrations, thc city Eay contract to complcts thc grading plans and thc on{itc crrth movcmsnt lad rchabilitation work and chargc thcsc cnginccring and construction costs to thc applicant or currcnt opcrator's pcrformaucc bood lnd asscss thc owncr of thc propcrty for any costs not covcrcd by thc pcrformaDcc bond. (h) Nonconformlng Urcs: (l) Aoy sand rod $rvcl oPcr.tio! crLtiDg end aot in compliancc $\. portion of thc Planncd Unit submit grading Plans, including 2 foot cootour 24 with prcvious city ordinanccs on thc datc of thc adoption of rhis ordinancc ahall bc considcrcd a aonconforminS, usc until such timc as thc propcrty is zoncd 'SG' sand aad gravcl district. . I r .r l ; (2) Any saad and gravcl opcration cxistiag atrd itr compliancc with prcvious city ordiaanccs oo thc datc of thc rdoption of this ordiaancc shrlt bc pcroitted to coatinuc subjcct to thc follo*iag: i. Such gscs shall aot bc pcrmittcd to crpaBd its opcratio! bcyond thc limits of thc pcrmit utrdcr shich it is prcsctrtly opcrating. ii. Such uscs shall bc immcdiatcly subjcct to thc fiDal grading, landscaping, slopcs, utility and roadway pcrformancc standards of this ordinancc end shall comply with alt provisions within cightccn (lt) months or aftcr completion of cxcavation, thc city shall complctc thc rcstoration aad utilizc Acrformancc bood procrcds rnd rssessmsnt of additional costs to pay for such , t lr+r4 i- n,r"i!X*5"1'' -!o {tn" , ,to ),oiro. 2s *o'*', , t" de/4 E.(* l,Y;ts*41't-/ Section 3. Scction At-4E as rcviscd is hcrcby addcd to thc City Codc' Any pcrson violating thc provisioas of Scction Al-4t or ray pcrmit issucd thcrcfrom, shall bc guilty of a misdcmcanor and shatt bc subjcct to thc pcnlltics listcd in Scctioo l-E aad/or shall bc subjcct to rcvocation of all pcrtincnt pcrmits. Violatiols of co[ditioDs rtiputatcd in a sand and gravcl mining conditionat usc pcrmit shall bc considcrcd as viotations of thc City Codc aad arc subjcct to thc penaltics listcd ii Scctioo l'E of \;lir\ this Co{q.2 '\\ I\. " Section l. Effcctivc passagc aod Publication. datc. This ordinancc shall tekc cffcct upon tts Passcd by thc City Council this -th day of - 1990. r . E. Brrnning, Mayor ATTEST: Mary E. Mucllcr. City Clcrk 26 CITY OF EHINH,[ESEN taL- UETORANDUU IO: Don Asheorth, City Uanager 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 Aclion by CitY Aininisttltor ,Z V)fEndorsE paul Krauss, planning oitector (/(-- tlcdiiied--Y:::ffi. Drle Subnin.d tc Olm:riiss'lon -FROU! DATE: SUBJ: February 8, 1990 Irloon Val ley Aggregate , Inc. ,Threateneal r,itl gation--L4- B.t Sllnlftd lo Comc Staff has received a letter from Michael Dwyer, the attorney forI{oon Val1ey Aggregate, Inc. In the letter Mr. Dwyer threatensthe City rrith an $800,000 law suit due to the action that nastaken to direct the city Attorney to take action to prohibitfurther renoval of clay from the site. The letter further statesthat by way of offering a compromise, that the law suit would notbe filed if the City allows the clay to be removetl and does notinstitute any further ordinances legulating trloon Valley.soperation. When staff and the City Attorney reporteil to the City Councilregarding lloon valley, we intlicated that any of the alternativesthat eere available for pursuing this issue wouldl Iikely resultin threats of litigation. A copy of this letter has been for-warcled to the City Attorney. ft should be noted that Ur. Dwye!has contacteil neither myself nor Roger Ktutson directly regaidingthis rnatter. Since litigation against tbe City has beenthreatened, we belleve it would be advisable for the CityAttorney to speak eith the City Couocil privalely regarding thisnatter . .. .. r-:t.--..i,:-.,: ._the City Attorney to prepare anexcavation as 1ler the direction Staff is continuing to work with orclianance regulating nining anilof the City Counc i I . nraro| t. xuraor rot.r. o. r.rxaar o rooDas.r H. ^ro.ara ^riiorY c.arAicx a{riY! r.6otiarr6r. MAC}<ALL, CROUNSE & MOORE LAW OFFICES lGoo l.cF "owEttIAI SOUAH EIGHAH ST'|EET i{ rr{ NEAFOLTS, }aTNNESOTA glaOa lcl'clraoxE all.3!l_lt+l aactlxl!a ttt -alra February 6, 1990 r^ftl. v. ^roaronarara x. ^roa.ror ararHar ,. ctrrrarr na.rr c, r^c4! lraar-lrralaoaa.t r, caouita naaa-rar.,.arrr r. roorr (ai-raaal r. Paul XraussCity Pfanning Dj.rectorClty of chanhassenP. O. Box 147 Chanhassen, llinnesota 55317 Ri;CLt r/s.iJ rEB 0? 1990 GITY OFCHANI{ASSET{ Re: Moon valley Aggreqate Inc. Dear !1r. Krauss: This law firm represents the lnterests of ltloon Val1ey. we have been asked to notify the City of Chanhassen of tloon Valley'sintent to conmence an action agalnst the ctty for lts arbltary and confiscatory conduct relating to ltoon Valleyrs operatlons. Horrever, we wish to explore a compromise resolution prior to engaging ln the extensive lltlgatlon whlch would be necessary toprotect uoon valley's rights and recover its noney damages. The City of Chanhassen has taken steps, by ray of lts resolution at the hearing before the City Council on January 22, 1990, to prohibit the clay extractl.on from the uoon vaIley operation. The city is also apparently considering passing ordinances directly to the detriment of the Moon Valley oPeration. Moon Valley has operatedl contlnuously as a aanA, gravel and clay extractlon faclllty for Eeveral yearB. fts operation was lega1 and Ln exlEtence at the time Chanhassen flrst passed lts zoning ordinances Ln '1972. l,toon Valley was purchased fron walter crlepentrag in 1986 by Thona3 and Beatrlce ZwierB. Its operation has been contl.nuous Bince that tlne. Both the Zuiers andl Grlepentrags have renoved clay deposlts fron uoon valley Eince lts investnent. rherefore' the clay extractlon at isBue la a continuation of the nonconforning usei Moon valley has excavated clay for years. This lE not an expansion or enlargement prohlbited by clty Code, Divislon t!, Sectlon 20-71 . MACKALL, CROUNSE & MOORE !lr. Paul Xrauss February 6, 1990 Page 2 ?he renoval of clay deposits wiII permlt the affecteil areato be used for agrlcultural purposes. ?he existing topography is !111y and poses significant erosion planning problims to-teirantfaraers. The clay removal will level the affected area--there Lsno intention to excavate below the leveL grade. The area will beleased for farroing purposes lndefinitely, once lt ls leveled. The lnmediately adJaeent property owned by Teich has beenunder consideration solely for erosion control purposes and tocreate an additional buffer to adjacent land owners. It is notthe intention of ltoon Valley to expand its operation into theproperty presently owned by Teich. Moon Val1ey had negotlated wlth the Eden prairie Landfillthe sale of 't60,000 cubic yards of high guality clay for$800,000. As you know, the Landfill seeks to use this materialas a sealant for lts operatlons. The City of Chanhassen has nowprohibited the clay removal. Moon Valley has experlenced a lossof $SOOTOOO and it ls uncl.ear whether it will be sued by EdenPrairie Landfill for breach of contract. Before l{oon Val.ley starts lts lawsuit agalnst the City, wewish to propose the following compromj.se: l. Uoon Val1ey will agree not to seek recovery agalnst theCity for its arbitrary and confiscatory conduit, lnexchange for the City.s agreement that the clayextraction may continue until such tlne as the clay isremoved to grade. 2. Uoon Valley wlII further agrree that it will not removeany additional clay deposits from the affected area. 3. Further, the City sha1l not seek to inpose anyadditional constralnts by way of existing ordinances orfuture ordinances on'Irtoon Valleyrs operaLion. -Please provide us the Cltyrs rritten response to thissettlment offer within the next two weeks. li se do not-tea. MACKALL, CFIOU N S E & MooFrE ilr. Paul Krauss February 5, 1990 Page 3 from the City, we will have no al.ternatlve but to proceed rlthlitlgatlon, seeking danages of at feast t800,000 plus inJunctlve rel ief . Thank you. c Iy, Ittichael J. Dr!,er tdID/nJva ce3 Uoon valley Aggregate Inc. CITY OF CH[[IH[EEEN 690 COULTER DRTVE . p.o. Box .t47 0 661111115SEN, MTNNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 UEIIORANDUU IO3 Don Ashworth, City llanager FROII: Paul Krauss, Planning Director DATE! alanuary 16, 1990 SUBiI: Moon Valley Gravel Quarryr/Optiona for City CoDtrol PROPOSAL,/COUITENT In Novenber anil December of last year, the City received a number aIley esentat ioni1 e rtas con- ack of ard landl bysof Counclltion alter- of contacts regarding a rumoreil expansion of the Uoon Vgravel mining operation. It cuhinateil in a Visitor Pr by Terry Beauchane at the Decenber 18, 1989, City Councmeeting. At the neeting Mr. Beauchane indicateal that h cerned with the size of the operation in generalr the 1 apparent city control over it and with rumors he had heregarding the potential for ailditional acguisitions ofthe owners. Staff indicated that re.ryere in the proces researching the matter and woul.d come back to the Cityin January i ith nore information and a discussion of acnatives. This report is being preparedl to outline the Cityrgoptions for hanilling thi_s issue. \ Te believe that there lre a number of issues that neeat to be exploredl relative to this matter. These include the current anilrecent ownership pattern of the gravel guarry and surroundingproperties, backgrounil regarding the non-conformity thatcurrently exiate, potential regulatory options includling a newordinance tbat could regulate niaiag aDal excavation, the poten-tial of taking action under existing orttinances .relatlve Lo theaeparate clay miniog operation near Pioneer Trailr -arid theguestion of environmental asseasnent worksheeta; I have alsobriefly discusseil a re}ateit matter ,ilrelatlve to the rays in rhichthe City currently processes gracliog pernits and proposed regula-tory changes that would respontl to this. Property ownership t The property in guestion is located between Ewy. 212 anil pioneerIrail. The subject sites contains a gravel nining operation(adjacent to Ewy. 212) and a aeparate clay mining Bite (adjacentto Pioneer Trail. Staff has researched the ownership of the ltoon Ur. Don Asheorth ilanuary 16, 1990 Page 2 Valley operation and researched further the lanil acguisitionsthat may have occurred in the area. It is our conclusion that there have been no recent acquisitions that se can f indl recordof. The Moon Va11ey propertyr as shonn on Attachnents A antl B, wasoriginally under the ownership of l{alter criepentrog anil utiLizetl as the uoon valley Extraction company and shooting range prior tothe ailoption of the Chanhassen Zoning ordinance in 1972. Theproperty owned by Wafter Griepentrog sas transferred in whole to Ihomas anil Beatrice ZwierE in 1986. No additional land beyondrhat Walter Griepentrog orned was purchasecl by thonas Zwiers. There is property ownedl by Vernon Teich which is located betreenthe Thomas Zwiers property andl existing residents (Beauchane) on Ewy.212. Backqrounil,/Non-conf orninq Use Iltoon valley operation prealates any city ordinance regul.ate it is therefore establiEhed as a non-con Uineral extraction is established as a permitted n the A-2 distlict, however, no permits have evepermit was applieil for in 1973 but the request i A ti s that wouldforning use.conditional user been approveil. was droppedlithout action being taken. As such, the Moon Valley operations established as a J.egal non-conformity. The City Attorney, in an attachecl documentation, indlicates that there is no effectivepay to put a 1egal non-conformity out of business, however, he does believe that they can be regulatedl. The City Attorneyr s nemorandum provides citations for cases which support this pointof view. It should be noteil, however, that in our opinion, thelegal non-confonity pertains to the gravel nining excavation asit has been expanded to its current size. Ife do not believe theclay mining site which is physically renoved fron the gravel area and which is designed to mine a different material is protected by the granclfatheri ng. ?hiE is a new operation that was initatedafter the date of adoption of the ordinance shich reguires miningactivities to obtain conditional use permits. Potential New Zoninq Ordinance Re quirenenta to Requlate l,tininqActivities Ihe City Att.orneyra memorandun cites cases anil offers that theCity would have the authority to require the lloon Valley gravel operation to seek and obtain a permit to allot its uae in orderto protect public safety. In so doing, the City could establish reasonable conditions for approvali however, it ehould be notedthat ee do not believe the City would be in a position to denythe permit. At the present tine the orilinance establishes rnineraL excavation as a conditional use in the A-2 Districtt however, there are no particular stanalards that are applied. It !lr. Don Ashworth January 16, 1990 Page 3 is our opinion that nining activities should be regulated to accomplish the following: I Ensure that the site is returned to reasonable andcondition for planneil land uses upon completion of excavation. 2. On-site andl off-eite drainage are appropriately handledto mininize impact. 3. Slopes are etablized and that adeguate buffers are pro-vided to protect adjacent land parcels. 4. Natural anenities on the site, such as uetlands and Daturetree cover, are protected. 5. Eours of operation are regulated to reduce the nuisanceactivi ty. 6. Dust is controlled to realuce the nuiaance activity. 7. Traffic is controlled to reduce potential safety hazarda. 8. Ultinate dates of renoval of the use are establishedl. 9. I{inimun setbacks fron the operation are established fronproperty l ines. 10. The property is fencecl and maintained in a manner that ensures the safety of the public. 1I. Noise generated fron the site is held to a reasonable minimum. Potential Action on Clav Ex cavation Site on Pioneer Erail The City Attorney has submitted an ordinance that he has ilraftedfor the City of Lakeville to deal rith this type of natter. -Ifthe City Council direcls staff to proceedl, we wouldl incorporate elernents of this and other ordinances as deemed appropriale. The City CounciL should be aware that there are risks in pursuingthe strategy of requiring tloon Valley to obtain a pernit.Litigation is 1ike1y to resul.t and the City Attorney,s opinionehouldl be sought regarding the Cityrs exposure. usable the As indicated above, staff and the City Attornethat we view the clay nining operation differeve1 excavation site for two leasons. The firsis relativeLy recent and was started long afteordinance which required permits for nin6ral e y have concludedntly from the gra-t reason is that itr the date of thexcavation. The I{r. Don Ashworth alanuary 15, 1990 Page 4 seconil reason is that it is physicalLy removetl from the nain gra- vel mining quarry and is in fact mining a different nineral ormaterial. since it was atarted afte no permit was obtained. fs in violation of the zonin he City may be in a positio 1y cease all related clay m he adoption ofs therefore, ourdinance. Ther o reguire that ng activity and rttigontini thero efo the Pu ordi-pinion, re, t e owner rsue nancethat i bel iev Perman andtiet ent actions to have the site restored back to its original condition. Once again, the City Council should seek the advice of the City Attorney as to the Cityrs legal exposure with this alternative. Potential Environmental Assessment worksheet As we had indicated at the City Council Ereeting, staff does not believe that the EAW by itself represents a valid option for dealing with the uoon valley issue. At this point, the owner is taking no action, that specifically would require an EAW or which would al1ow the City to electively require one. Consideration coulil be given, however, to require that an EAw be prepareil as a reguirement of any conditional use permit application for mineral extraction. Procedures to Deal with Gradinq and Fillinc Prior to the raising of the issues regarding lloon vaIley, the Planning antl Engineering Department staff helil a number of discussions regartling the manner in which the city reguLates the issuance of grading permits. At the present tine, a1J. such gratling pernits must be approvedl by the City Council which, while probably appropriate in some cases, may not be in others. ourspecific concern ileals with requests to nove relatively sma1l amounts of earth, generally under a 1r000 cubic yarcls where there are no significant issues such as wetland encroachment or tree1oss. Staff discussed the possibility of recommeniling modifica-tions to the ordinance which rouldl a11ow the City Engineer to ailmini stratively issue permits for moving sma11 arnounts of earth subject to specific criteria with all larger earth work requiring approval by the City Council. Ile believe this will result in nore effective control over the great najority sna]1 earth workprojects white facilitating development in the City. Ile further believe this can be accomplisheil sithout compromising the abilityof the city Council and public in general to review proposals that t oulal result in significant amounts of earth work. I hatl scheduled the subnittal of a draft ordinance to the Planning Commission in January, however, we delayed action on this ordli- nance due to the Moon Va11ey situation. We believe that a comprehensive orilinance that deals with both nining and uineral excavation andl grading is probably the best approach and would propose that any ordinances we are directed to bring to the City Council shoulil resolve both issues. APPLICATION F'OR GRADING, FTLLING, EXCAVATION AND,/OR MININGFEE: $I00 MAJOR GRADING Grading Permit No.Site Plan No. Interim Use No. PLEASE PROVIDE ALL INFORMATION AS REQUESTED BELOW: Property Address P.I.N. Contractor,/App1 i cant : Name Phone ( day) Address Zip CodeConstruction Site Phone No- Owner of Property 3 Name Phone (day) Addres s Zip Code Zoning Classification _ Size of Site Estimated volume of l{aterial to be moved acre(s) cu. yds. Estimated Date for l{ork to Begin _ Completion Date _ PLEASE SUPPLY THE FOLLOWING INFORTIATION IN SUPPORT OF THISAPPLICATION (see attached description .Grading, FillingrExcavation atd/oE tlining Pernit Requirements. ) _ 1. Conpleted Application _ 2. Acknowledgement of Responsibility forrn completed _ 3. Affirrnation of Sufficient Interest forn completed _ {. A interin use pernit must be filed concurrently ifaction will move more than 11000 cubic yards p-r acre _ 5. Written narrative describing the proposed activity Grading Permit Application Page 2 f Tree preservation plan Drainage antl erosion control plan Traffic analysis inilicating how excavating will impact area traffic and what mitigative stepswill be undertaken 6. Copies of all permit aPPlications antl,/or aPprovals of all agencies having jurisdiction over the reguesti watershed District, Drainage Districts, DNR, llnDOT, and/or carver County,/Hennepin County Dept. of Transportation, U.S. Army corps of Engineers, etc. 7. A soil engineer report may be submitteal with this appli- cation or at the time a building permit is requesteal 8. A bonal may be requireil irith this application 9. The City may require two (2) sets of the following: Map of existing contlitions, topography (21 contours ) , utilities and roads b. Proposed finished grades, using 2r contours c. Land scap i ng/revegetat ion plan tt. Tree survey showing all material six (6) inchesor more in dianeter a h. Construction management plan i. Demolition permit ( s ) I AIt{ AWARE THAT IT IS MY RESPONSIBILITY TO INSURE THAT THE STIPULATIONS OF APPROVAL ARE COMPLIED WITH AND THAT THE ACTIVITY WILL BE EXECUTED IN A MANNER CONSISTENT WITH SECTION OF THE ZONING ORDINANCE. IN ADDITION, EROSION CONTROLS AND STREETS LEADING TO THE SITE WILL BE SWEPT, AS OFTEN AS DEEMED NECESSARY BY THE CITY,??, TO REII{OVE DEBRIS AND MEASURES WILL BE TAKEN TO CONTROL DUST IF REOUIRED. THE BURIAL OF ORGANIC I.{ATERIALS AND MATERIATS TITAT COULD OTHERWISE DECOII{POSE, IS PROHIBITED. THIS INCLUDES TREES, LUMBER' YARD WASTE, ETC. NO ROCK OR IRREDUCIBTE II{ATERIAL WITH A DIMENSION GREATER THAN 12" SHALL BE BURIED. MATERIALS WITH A DIAMETER GREATER THAN 12I' ARE TO BE CRUSHED UNTIL THEY CONFORM TO THIS CRITERIA. ENGINEERED FILL AND SOII TESTS WILL BE REOUIRED WHEN FILL IS PLACED UNDER BUILDING PADS. EROSION CONTROL WILL BE UTILIZED AS REQUIRED. ALL DISTURBED AREAS ARE TO BE RESTORED WITH SEED OR SOD IMI.{EDIATELY UPON COMPTETION OF THE WORK. - s- Grading Permit Application Page 3 I fully understand that the City has ten (10) working days fromthe date of this submittal to review and act upon this application.I further understand that if an Interim Use Permit is reguired, thecompleted application nust be submitted at least 30 days prior to aPlanning Conmission tneeting to insure review by the planning Conmission on that date and subsequent City Council review. Required Signatures ! Property Owner Da te DateContractor/App1i cant GRADING, FILLING, EXCAVATION AND,/OR MINING PERMIT REVIEW PROCESS PROCES S ordinance No. pertaining to grading, fil1ing, excavation and'/or mining activities became effective on , 1990. The ordinance finds that these activities are consideretl to be legiti- mate aspects of the conmunity development process. However, since they may have a high potential for causing short and long term disruptions to both the natural and man-rnade environments, they are deserving of special regulatory controls. The ordinance further proviiles that no grading, fi11ing, excavation and,/or mining of more than 50 cubic yards of material shall occur without first obtaining an appropriate permit. A trro stage process has been established. Requests to move betireen 50 and 11000 cubic yarals of material per acre of site area shall be reviewed by city Staff. Upon reviewing the subrnitted materials, theDirector of Planning and City Engineer may impose such conditions and nodifications as deemed necessary to protect the publicinterest. Determinations by the Director of Planning and City Engineer may be appealed upon the writeen reguest of the applicant. The appeal is processed as an Interim Use Permit. Requests to move in excess of I,000 cubic yartls of material per acreof site area require the concurrent submittal of an Interim UsePermit. These requests are reviewed by both the Planning Commission and City Council. Public hearings are held at the Planning Commission meeting and public notification requirements sha1l be complied with. SUBMITTAL REOUIREMENTS The Director of information and application: Planningplans as and City Engineer may request the fo].lowingis necessary to review the grading permit I Existing ancl proposed final grading utilizing 2 foot contour intervals. survey showing location and elevation of allutilities and structure that may be impacted proposal. Tree survey showing all material 6 inches or diameter and a tree preservation plan. Lands cap i ng,/s i te restoration plan. 2 roads ,by the more ln3 4 5 Development concept plan indicating horr the recontouredparcel may be developed in a manner consistent with the zoning ordinance anil comprehensive p1an. 6. Drainage plan including any engineering for stormwaterretention that may be necessary. An erosion controlplan indicating the type and location of erosioncontrol measures shall also be provided. Traffic removed fhe applicant will be notified in writingDirector of Planning and City Engineer or 7 analysis showing how the material will be from or deliverecl to the site. SUBIT{ISSION DEADLINES The Director of Planning shall act on reguests to move between 50 and 11000 cubic yards of material per acre of site area within ten(10) working days from the date that a completecl application is sub-mitted. If it is iletermined that additional information andlorresearch is reguired to process the permit, this time period may be extended by the Director of Planning. Requests to nove nore than 1,000 cubic yards per acre of site areashall be processed as follows: - All applications will be processed in accordance with the schedule of meeting dates attached on the last page of theapplication documents. - Completed applications submitted 30 days or more prior to thereferenced meeting date will be reviewed by the Planning Commission by or on that alate. Surrounding property orrrners are notified of the hearing date. Plann i ngA report is prepared by the Planning Department for the Commission and City Council reviewing the lequest and recom- mending approval with stipulations or denial. The Planning Cormission holds the public hearing and recommendsto the City Council either approval with stipulations or denial. fhe City Council hears the request approximately three ireeksafter Planning Commission action and either approves for a speci-fic time period or denies the application. Ihe applicant is advised to be in attendance or is represented atall meetings of the Planning Commission and City Council. DECISION NOTIFICATION AND APPROVAL R EQU IREMENTS of the decision of thethe City Counci 1. This is to certify thaction by the City anCity requirements nit should be processed i should contact regard ACKNOWLEDGEII{ENT OF RESPONSIBILITY am making application for the describedat I am responsible for complying with allgard to this request. This application name and I am the party whom the City any matter peltaining to this application. atI al rhhre nmy ing I have read and understood the instructions supplied by the City of Chanhassen for processing this application. The documents and,/or information I have submitted are true andcorrect to the best of my knowledge. I will keep myself informed of the deadlines for submission ofmaterial and of the progress of this application. f further understand that ailditional fees may be charged for a traf-fic analysis of the proposal . This analysis woulil be processed through the City's consultant, with an estimate of time,/expense pro- vided prior to any authorization to proceed with the study. Signature of Applicant Da te Name of Applicant (P1 ease Pr1n t or type ) Address of Appl icant Business Phone Number Type of Application (Check type(s) applicable ) Grading Filling Excavat ion/ni ni ng I hereby affirm that I am the fee title owner of the below describedproperty o! that I have written authorization from the owner to pur- sue the described action. Street Address of Legal Description Name of Owner Addres s Name of Authorized Pelson Address ( Signature of Owner ) ( Signature of Authorized Person)Da te If a corporation is fee title holaler, attach copy of the resolutionof the Board of Directors authorizing this action. If a joint venture or partnership is the fee owner, agreement autholizing this action on behalf of thepartners h i p. attach a copy ofjoint venture or THIS AFFIRMATION IS NOT SUBMITTED IN LIEU OF SUFFICIENT TITLEEVIDENCE. YOU WILL BE REQUIRED TO SUBMIT A TITTE OPINION, CERTIFICATE OF TITLE OR TITLE INSURANCE POLICY SHOWING YOUR INTERESTIN THE PROPERTY PRIOR TO FINAL ACTION BY THE CITY COUNCIL. AFFIRMATION OF SUFFICIENT INTEREST tegal Description Date T{ET 3ltloeT xE? rsilrE FILTEI fASRIC IACXFI LL 2OLE -FIL?EFt^titc N ?IVE SOIL SILT FENCE BALE PLACED ON EDGE. BUTTEO TIGHT IN EACH BALE SNOWFENCE SNOWFENCE FLOW._-...{i STAKE ROSION PROTECTION .l NO SCALE R-8 TOP VIEW SECTlON APPLICATION FOR MINOR GRADING, FILLING OR EXCAVATION RESIDENTIAL SINGLE FAMILY RESIDENCE DISTRICT FEE: $ 50 PLEASE PROVIDE ALL INFORMATION AS REQUESTED BELOW Property Address ConLractor,,/AppI icant : Name Addres s Z ip Coile Property Owner: Name Address Zip Code Size of Site acre(s) cu. yds. Estimated Date for work to Begin _ Completion Date _ PLEASE SUPPLY THE FOLLOWING INFORMATION IN SUPPORT OF THIS APPLICATION (see attached description "Gratling, Fi11ing, Excavation and/ot Mining Permit Requirements') _ I. completed Application _ 2. Cash fee _ 3. Acknowledgement of Responsibility form completed _ 4. Affirnation of Sufficient Interest form conpleted _ 5. written narrative describing the proposed activity _ 6. t{ap of existing conditions, topograPhy by 2 foot contours _ 7. A soil engineer report nay be subnitted uith this appli- cation or at the time a building permit is requested 8. Other: I am anare that it is my responsibilitystipulations of approval are complied with a uted in a manner consistent withrdinance. In addition, erosion he site will be swept, as often nsure that thehat the activitytion ofrols and streets eemed necessarye taken to toindt Sec con tasd ttb will bthe Zo leadin e exec ning ogtot by the city to remove debris and measures wi control dust if regu i red. P.I. N. No. Phone (day) Phone (day) Estinated Volume of Material to be moved Minor Grailing Permit Page 2 The burial of organic naterials antl materials that c otherwise decompose, is prohibited. This includes treesyard waste, etc. No rock or irreducible material with a dimension greater than 12n shall be buried. Materials wdiameter greater than 12" are to be crushed until they cthis criteria. Engineereal fill and soil tests will be r when fill is placed under building pads. Erosion controutilized as required. All disturbed areas are to be reswith seed or sod inmecliately upon completion of the work ould , lumber, ith a onform to equi red L wil1 be tored I ful1y understand that the City hfrom the date of submittal to review ation. I further undelstand that if arequired, the completed application mu days prior to a Planning Commissiom methe Planning Commission on that date a r eview. Property Owner Contractor,,/App1 icant n (10) working dayst upon this applica- im Use Permit is submitted at least 30to insure review by bsequent City Council as te nd acInterst be eting nd su Date D ate Required Signatures: rran E v. Tester 230 Elying Clo*l Dr. Chaska, l{N 553}8 A1vin R. Lebens -460 Flying Clo.d Drive Chaska, MN 55318 John & J. PauL 17541 llanchester -Iwine, CA 92714 I€Verne M. Vassar c,/o Staterride Auto Sah,'age 285 Flying Cland Drive Chaska, llN 55379 Fish & WiliUife Servioe Federal Building Fort Snelling St. Pau1, MN 55111 Ierrence BeauctEne Bo:< 23 Chanhasser, uN 55317 Bert & B. Not€rmnn 1520 r{. 10 ShalrctEe, IAI 55379 Davicl R. Teictr 1015I Great Plains Blval. Chaska, l{N 55318 l{a}rnaral e U. BaFPe 495 Iakota [ane Chaska, ltit 55318 Jadr Brabilla 114 N. EohEs ShajrctEe, I,t{ 55379 lracy t Eolie Olene 450 F1ying Clod Drive Chaska, lAl 55318 Iracy Oi1 C.iEany P.O. Bo:.4425 St. Paul, UN 55104 I9illard Balver 470 F1ying Clord Chaska, l l 55318 -Russe1l & Y. Barto {00 Ial<ota Iane Chaska, UN 55318 VerIE & S. Severson.t75 Lakota Iane Chaska, UN 55318 JerclE Kcnke 3eneral Deliverlr _]tristiansted St. Croix, USUI 00820 Patrid. Blood & Nancy l-ee 8275 Tanaraclc TrailTdel Prairie, !N 55344 I€on C. l{esenbrink 250 Flying Clcrrd Dr. Chaska, l,tN 55318 Danie1 Lebers 450 Flying C[od Dr. Chaska, lI{ 55318 Darrill Peterssr'et al 18700 Plying Clcudl Drive Eden Prairie, 1[t1 55344 Dept. of TranslDrtation lGtro Square BuildingSt. Pau1, MN 55101 Robert E. Dnrlz 575 Flying Clord Dr. Bo. 193 Shakolne, UN 55379 Vernm H. Teictl 220 Flying C[od Drive Chaska, }tf 55318 Ihcnas & B. Zwiers 11111 Deuce RGil Elko, ItOl 55020 -Iiatter t ir. criepentrcg 100 Plying Clord Drive :haska, UN 55318 _foger & K. I-€e 500 W. 96th Street Chanhassen, l{N 55317 Ro&Ey t D. 8€uc*r 1180 Pioeer Trail Chaska, UN 55318 Rcbert E B. Eaar( 770 Pioeer Trail Chaska, fsl 55318 Paul & D. craffunabr 10001 creat Plains Bhd. Chaska, lftl 55318 Ddlald E. lr !1a 5601 l.lotrad( TrailrlrirE, lO{ 55435 ileffrey e K. DlGn id( 10300 Creat p]rins Blvd. Chaska, tlN 55318 fobert f P. Bureshi8I7 Eansen Roait DdliDa, t$I 55435 I t t Drvid Ealla 10095 Great Plains B\d. Chaska, Dtl 55318 Jes C. sadell 73I w. 95th street Clunhassen, lol 55317 Daniel Acketmn 94{1 Great Plains Bhd. CtEnhassen, l,Ql 55317 Robert & E. Tiscfileder 185 Pioeer Trail Chanhassen, llN 55317 Itn. & M. rielleJ.n 721 w. 96th Street Chanhassen, l{N 55317 JarEs Church 611 w. 96th Street chanhassen, I'[\1 55317 willian Gratz 275 Pisreer Trail Chanhassen, UN 55317 Carrej Oc,rntyAttn: Plattniry Dept. 600 East 4th street Ricbartl & J. Taylor 415 Iakota Lane Chaska, ml 55318 l-lll.l(Jltl q E. D.urlJrlo 601 w. 95th street ctranhassen, frN 55317 Richardl e B. Derhaag 711 w. 95ttt Street Chanhassen, uN 55317 Ddtalil & P. Brlrc$ett 225 Piqper Trail Chanhassen, UN 55317 Bqd S. Pet€rsdr 325 Pidteer frail Chanhassen, lol 55317 ttlarqf t*aritz 1271 Bluff Creek Dr. chaska, ull 55318 l t Ctrristqher E K. Braldvo1d 305 Piqeer Trail Chanhassen, MN 55317 !lr. ltidrael J. Dqrer llackall, crcmse t uore 1600 ICF Tcr,Er 121 Sorttr Eighth Street ilinnea5n1is, l,$l 55402 Xyle t S. Colvin 701 w. 96tI street Chanhassen, uN 55317 I i I i l l IqEMORANDUM TO: FROM: DATE: SUBJ: Planning Conmi ssion Toalal Gerhardt, Asst. Executive Director February 28, 1990 690 COULTER DRIVE. PO. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-s739 CITY OF EH[NH[SEE[I YL. Modification of Development District No. 1 anil Tax Increment Financing District No. 2 Attached is a ilraft of Modification of Development District No. I and Tax Increment Financing District No. 2. The reason for this modification is to amend the budget to a11ow expenditure for the Hwy. 5 and 101 construction. This modification has come about due to the City of Chanhassen 1989 special legislation bill to extend Development District No. 1 and TIF District No. 2 until 1992 and that those monies be solely used for the reconstruction of Hvry. 5 and 101 interchange. State law requires that the Planning Commission f inil that themodification being proposed is consistent with the ConprehensivePlan. The proposed moilif icat.ion within this plan deal solelytrith the financing of this interchange and atlopting 1989 Legislature's action on the city's state legislative bi11. As to the proposed construction activity being proposeal, the City of Chanhassen's Comprehensive Plan has ilesignated that both State Highway 5 and 10I have roadway deficiencies and that correctiveaction must be taken to improve two very important roadways thatservice the City (see Attachment *2)., Staff recomnends the motion ! Planning Commission adopt the following "the PLanning conmission adopt Resolution No. 90-1 finding Moilification Development District No. I and Tax Increment Financing District No. 2 consistent with the City of Chanhassenrs Comprehensive Plan. " ATTACHMENTS 1 2 2 Plan modif ication. Comprehensive P 1an-Transportat ion Section Resolution No. 9 0-1 . T27 RECOIT,IMENDATION MODIFIED DEVELOPII{ENT PROGRAII{ DEVELOPIIENT DISTRICT NO. 1 and MODIFIED TAX INCREMENT FINANC]NG PLAN, TAX INCREI,IENT FINANCING DISTRICT NO. 2 CITY OF CHANHASSEN, MINNESOTA February 9, 199 0 Prepared by: Eolmes & Graven, Char te r ed 470 Pillsbury CenterMinneapolis, Ir{N 55402(6t21337-9262 | ,//,a,.*,1*1 I Irl0dif ied Development Program for DevelopmentDistrict No. 1 Page Section I Subsection A. Subsection B. Subsection C. Subsection D. Subsection E. Subsection F. Subsection G. Subsection H. Subsection I. Subsection J. subsection K. Subsection A. Subsection B. Subsection C. Subsection D. Subsection E. Subsection F. Subsection G. subsection II. Subsection I. Subsection J. Subsection K. Subsection L. Subsection !.{. Subsection N. Subsection o. Definit ions Statutory Author i ty Statenent of Objectives . . Environnental Controls open Space to be Created. . . Public Facilities to be Constructed . . Proposed Reuse of Property. Development District Financing. Adninistration of Development DisErict.Rehabilitation. . Description of Developnent District . . I 2 2 3 3 3 3 3 4 4 Section II. Modified Tax Increment Financing IncremenE Financing District No. Plan for Tax 2 Statutor Statemen Statemen Deve l opm Descript Deve lopm Classifi t. of P ent Diion of y AuthtofO ent Di cat ion ority . bj ectivesublic Purpose . .strict Program. . TIF District .strict Cont racts. or '.t 1!' Ltlstrrcc. 5 5 5 5 6 6 6 6 6 6 7 7 7 8 8 8 8I 8 9 9 9 10 Modification oE TIF Plan. Use of Tax Increment. . . Excess Tax Increment. . Limitation on Increment . . . LimiEation on Administrative ExpensesLinitation on Boundary Changes. . . . Re loca t ion . Parcels to be Acquired rrithin TIFDistrict. TIF Account Estimate of Costs Estimate of Bonded Indebtedness . . . Original Assessed value . Estimate of Captured Assessed value . Duration of TIF Discrict. Alternate Estinates of Impact on Other Taxing Jur isd ict ions Annual Financial RePortSubsection w. Table of Contents Subsection P. Subsection Q. Subsection R. Subsection S. Subsection T. Subsection U. subsection v. SECTION I. I'{ODIFIED DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. I A. Definitions For the purposes of the modified Developnent District Program and modified Tax Increnent Financing Plan, thefollowing terms shall have the meanings specified below, unless the context otherwise requires: means the Ci.ty of Chanhassen, a municipalcorporation under the laws of the state of [linnesota; "Comprehensive Plan" means the City's Comprehensive PIan,including the objectives, policies, standards and programs toguide public and private land use, development, redevelopmentand preservation for all lands and irater rrithin the City, or "Council" means the Chanhassen City "City Development District Act" or "Act" meansStatutes, Sections 469.L24 through 469.134, as amendedi 'County" means llennepin County or Carver County, llinnesotai "Development District" means Development District No. 2which was established on December I5,1980, pursuant to and in accordance with the City Development District Act, and which sras expanded in 1987; "Development Programr or "Program" means the Development Program for Development District No. 1, rrhich adopted by theCouncil on December 15, 1980, which sas nrodif ied on August 3, 1981, in 1987 and which is hereby being rnodif ied again; "Project Area" or "Project" neans the property lrithin Development DistricE No. L, as described in the Development P rog ram i I "City Counci 1" Counc i 1 ; lilinnesota 'State" lreans the State of l,linnesotai "Tax Increment Bonds" means any general obligation orrevenue tax increment bonds issued by the City to finance thepublic costs associated with Developnent District No. 2 asstated in the nodified Program and in the plan for TaxIncrement Financing District No. 2 within Development DistrictNo. 1or any obligations issued to refund the Tax Increment Bonds ; "Tax Incretnent Financing District" means Tax Fi.nancing District No. 2, which nas established on15,1980, pursuant to and in accordance with the TIF which tras hereby expanded on August 3, 198I; "Tax Increment Financing Act" or "TIF Act" means i nc Ius ive, Increment Decembe rAct and Minnesota aG-EtEiEStatutes, Sections 469.174 throu gh 469.179,ed; and "Tax Increment Financing Plann or "P1an" means the modifiedTIF Plan for TIF District No. 2 which was originally adopted bythe Council on December 15, 1980, and $rhich was hereby modified on August 3, I98I, and which is hereby being modified again. B.Statutorv Author i t The City has determined that it is necessary, desirable andin lhe public interest to establish, designate, develop andadninister a Development Program for Development District No. Iin the City, pursuant to the provisions of the Act. The Cityhas also deternined that the funding of the necessary activiti.esand improvements in Developnent District No. 1 shal1 beaccomplished in part or in whole through tax incrementfinancing in accordance with the TIF Act. fn 1987 the City modified the boundaries of DevelopmentDistrict No. 1 in order to expend tax increnent generated by Tax Increment District No. I ,ri.thin the downtorrn area of the City. Afthough this nodification does not involve expansion of the boundaries of DeveJ.opment District No. 1, the Cit.y intends toutilize tax increnent from Tax Increment Financing District No.2 to pay for some of the costs associated with intersection improvements at Eighway 5 and 101. C. Statement cf Object ives The City seeks to achieve the following objectives through the modified Development Program: promote and secure the prompt development of propert,yin Development District No. I in a manner consistentwith the Comprehensive PIan and with mininal adverse irupact on the environment, which property has beenless productive because of the lack of proper utili-zation and lack of investnent, thus promoting and securing the devefopment of other land in the City, pronote and secure additional employment opportunitieswithin Development District No. 1 and the City forresidents of the City and the surrounding area,thereby improving Iiving standards and preventing unemployment and the loss of skilled labor and other hunan resources in the City, I 2 2 3.secure the increase of property subject to taxation -byih. city, county, schobl district, and other taxing iurisdictions in- order to better enable such entities [o pay for public improvements and governmental sertric6s and pr-ograms required to be provided by them; secure the construction and provide rnoneys for the payment of the cost of public. acti-vities or improve- ioeit" in Development District No. 1, including intersection improvernents to Ilighways 5 and 10I, which are necessary for the orderly and beneficial development of the DeveloPment District; and promote the concentration of apPropria-te iritt in Development District No- I in order the area in i manner consistent rrith its to the CitY. 5 D Env i ronnental Controls E. Ope n Space to be C rea ted 4 deve l opme ntto maintain s igni f icance It is anticipated that no develoPnent w-ithin the Development Oistricl will present major environmental concerns. air ciiy actions, public }nprovements and priv-a-te development ,iff bd carried -out in i manner which will comply nith applicable environrnental standards. Any oPen sPace within created in accordance irith the the Development District will be development controls of the CitY. PubIic facilities constructed within the DeveloPment Dis- trict rri11 be financially feasible and compatible e'ith the City's long range development - plans. Public improvements pioio-ea *ittrin -Development District No. 1 which will be impiernented as a result of this modification including the co'nstruction of intersection improvements at Eighs'ay 5 and 101' F Public Faci li t ies G. Proposed Reus e of Prope rtV to be Const ructed It is not anticiPated acquired by the CitY within that any additional Property will be Development District No. 1. H.Deve 1o Dment District Fina nctnq Within Development District No. 1, the city has created Tax Increment Financing District No. 2. Roadway improvement. _costswhich will be incrlrred in Development District No' 1 ni11 be paid through the use of tax increnent generated from TIF District No. 2. 3 I Relocation. sill its The City does not anticipate that any additionalbe necessary within Developtnent District No. Iresponsibility for providing reloca t ionbut accepts Section 469.133 of the Act. for relocat ionTE relocation is pursuant to necessary,provisions will be made in accordance lrith lr{innesota Statu te sSections 117.50 through 117.56, inclusive. J. Adrninistration of Develo pnent District. Maintenance and operation of the public inprovements to beconstructed within Developnent District No. 1 l{i11 be theresponsibility of the Administrator of DeveLopment DistrictNo. 2. Each year the Administrator silI submit to the CityCouncil the maintenance and operation budget for the followingyear. The Adnini.strator will administer the DeveloptnentDistrict pursuant to the provisions of Section 459.131 of theAct; provided, however, that such powers may only be exercisedat the direction of the City Council. No action taken by theAdministrator sha11 be effective without authorization by theCity Council. A descr iptionDistrict No. 2 erererrhich are herebyproPerty is beingnodification. and a map of the boundaries of Developmentincluded with the original Program and Plan,incorporated by reference. No additionat added to Development District No. I by this The City has not previously created and does not anticipatethe need to create an advisory board to advise the City Councilon the planning, construction or implementation of theactivities and improvenents outlined in the rnodif ied Developnent District Program. K. Description of Development District. SECTION II. II{ODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 2 A. Statutory Author i ty. TIF District No. 2 tas established on December 15, 1990,and would have ceased to exist erith the receipt of increment bythe City in 1989. goqrever, special legislation enacted by thEI{innesota legislature in 1989 extended the duration of tha TIFDistrict through L992 with the limitation that incrementreceived during the years 1990 through 1992 may only be used incommunication sith improvements to state trunk highways lOL and5 rrithin Development District No. I or to pay admihistrativecosts of the District. Pursuant to Section 469.175, Subd. 4 of the TIF Act.City has adopted the Plan for TIF District No. 2 andestablished TrF District No. 2 within Development District 1. B. Statement of Obiect ives. In addition to the objectives outlines in Section I,vision C hereof, the City seeks to achieve the followingtives through the modified Plan for TIF District No. 2: the has No. subdi- ob j ec- 1 2. 3 4 provide emplolment opportunities within the City, improve the tax base of the City and the general economy of the City and statei encourage developrnent in an area of the City rrhich hasnot been utilized to its fu1l potential, improvements to those portionswithin Development DisErict No. ofI; provide for roadway Highways 5 and 101 and 5. implement relevant portions of the Comprehensive p1an. c. staternent of Public Purpose. . In adopting the modified progran and plan, the City Councilintends to implement the. provisions of the TIF Act e;acted by lfe state legisLature in 1989 specifically relating to TIPDistrict No. 2. The purpose of this modification to- the planfor TIF District No. 2 is to amend t.he budget for the TIFDistrict with regard to highway improvement costs and to extendthe life of the TIF District through 1992. 5 D. Development DisErict Program. The City created Development District No. 1 at the sametime as creation of TIF District No. 2. A modified Program hasbeen drafted to describe development activities planned orauthorized within the Developnent District and is included asSection I of thi.s modified Plan. E. Description of TIF District. A description and a map of the expanded boundaries of TIFDistrict No. 2 was included with the modified Plan adopted in1987. The map and description are hereby adopted by reference. F, Developnent District Contracts. The City has previously entered into development contractsfor properties lrithin TIF DisErict No. 2. No additional development contracts are anticipated. c. Classification of TIF District. TIF District No. 2-]- is an economic development TIFdistrict, pursuant to Section 469.174' Subd. 12 of the TIF Act, although its duration has been extended through the receipt of incrernent payable in 1992 as a result of special legislation adopted in 1989. E. Irtodif ication of TIF PIan. The Plan for TIF District No. 2 is being nodified by theCity, in order to amend the budget and note the extension of theduration of the TIF District. No additionaL nodifications are anEicipated except as they nay relate to the road inprovements on highways 5 and 101. I. Use of Tax Increment. Pursuant to Section 469.L76, Subd. 4 of the TIF Act, all revenues derived fron TIF District No. 2 shall be used in accor- dance sith the nodified TIF PIan. The revenues sha11 be used to finance or otherwise pay the capital and administrative costs of development activities nithin the modified Development Districtas identified in the Development Program and modified TIF Plan. Increnent received by the City during the years 1990 through ]-992 shal1 be used only to pay for roadway improvement,s on highways 5 and 101 or to pay the adninistrative costs of theDistrict. J. Excess Tax Increment. Pursuant to Section 469.L76, Subd. 2 of the TIF Act, in anyyear in ghich the increment exceeds the amount necessary to pay 6 the costs authorized by the TIF Plan, the City sha1l use theexcess amount to do any of the following, in the orderdeternined by the City: 1. prepay the outstanding bonds; 2. discharge the pledge of tax increment therefor; 3. pay into an escrow account dedicated to the paymenE ofbonds; or 4. return the excess amount to the Hennepin county orCarver county auditor who shalI distribute the excessamount to the City, the county, and the schooldistrict in direct proportion to their respective taxcapaciEy rates. K. Limitation of Incremen!. Increment paid to the City during the1992 sha11 only be used to pay for theimprovements to those portions of state trunkwhich are within Developnent District No. 1adninistrative costs of this District. years 199 0costs ofhighrays 5or to Pay th r ough roaderay and I01for the Pursuant to Section 469.Lj6, Subd. 3 of the TIF Act, admin-istrative expenses are Iimited to lO percent of the total taxincrement expenditures. Adninistrative expenses mean aIIexpenditures of the City other than amounts paid for thepurchase of land or anounts paid to contractois or othersproviding materials and services, incLuding architectural andengineering services, directly connected with the physicaldevelopment of real property in the District, reioiationbenefits paid to or . services provided for persons residing orbusinesses located in the District, or amounts used to payinterest on, fund a reserve for, or sell at a discount boirdiissued pursuant to Section 469.178 of the TIF Act. Adminis-trative expe-nses, _incl_udes amounts paid for services provided bybond counsel, fiscal consultants and planning oi economiidevelopment consultants. L, Limitation on Administrative Ex penses. Itl. Limitation on Boundarv Chan qes. . .The geographic area of TIF District No. 2-1 may be reduced,but it cannot be enlarged after five years followin! the date ofcertificatj.on of the original tax capacity by itre Hennepincounty auditor. This modification does not include an expansionof the boundaries of TIF District No. 2. 7 1 2 change in the tax exenpt status of the Propertyt reduction or enlargement of the geographic boundaries of the TIF District, reduction of valuation by neans of a court-ordered abatetnent, stipulation agreement, voluntary abatement made by the assessor or auditor or by order of the Minnesota commissioner of revenuei or 4. any change in tax classification unde rafter it Minnesota Statutes Section 273.L3 of proper ty has been edded ro the TrF District. T. Estimate of cap Eured Tax Capac i ty . U.Duration of the TIF District. V Estimates of Impact on Other Taxing Jurisdiction. 2 In addition, each year the auditor has added to the original tax capacity of TIF District No.2 an amount _equal to the original tax capacity for the preceding year nultiplied by the aveiage percentage increase in tax caPacity of all proPerty reithin the TIF District during the preceding five years. The captured tax caPacity of Property within TIF District No. 2 was e;tablished in 1980 when the District iras created and in 1981 when it was expanded to its current boundaries, those Eax capacities are hereby incorporated by reference. -There nilI be no change in the captured tax capacity as a result of this modi f icat ion . In accordance etith Section 469.L76, Subd. l of the TIF Act, the City should have expected to receive TIF Payments through 1989. Eowever, special legislation adopted in 1989 extended the duration of TIF oistrict Ho. 2 through 1992. the City hereby asserts its right and intent to collect increment from TIF District No. 2 through I992. It is anticipated that $2,700,000 in increment will be cap- tured from property within TIF District No. 2 during the years 1990 througti flgz.- The city, county and school district sould have sharel this increment according to their respective tax capacity rates had not the duration of TIF District No. 2 been' exiended. The shares of the increnent for the three year period f rorn 1990 to 1992 are estr.mated to be as follows: 9 N. Relocat ion. Although no additionaL relocation is anticipated, the Cityaccepts as binding its obligations under state law forrelocation and will administer relocation services for families, individuals and businesses displaced by public action. O. Parcels to be Acguired Within the TIF Distr j.ct. It is not anticipated that any additional property will be acquired bv the Citv within rrF District No.li^^-l_ _g:u-* t.lrLty\tr- 4 -P. rrF Account H[* 7tp.r,so A tg.El: The tax increnent received during the years I99o through - lhgAe '! 1992 with respect to TIF District No. 2 srralll be segregated 5y -.'f'l+ctr the City in a special account on its official books and recordsand held for payrnent of costs associated with improvements to highways 5 and 101 and to pay the adrninistrative costs of theDistrict. o.EstiBate of Project Costs. The estimaled budgeted amounts for the original TIFDistrict were included in the Plan adopted on Decenber 15, 1980.Additional amounts were shown in the rnodif ied Plan adopted in1987, The following represent additional amounts shich wiIl be expended within Development District No. 2 as a result of this modificaEion: \o\ Norril {\$ Road$ray Inp roveme n t s ( Hi ghwayhf{tfat:f0d. )Administrative Expenses '\.\ trr\sg, ,oa", R. Estimate of Bonded Indebtedness. - &.,1-r -[&rrrcr Pola -9"1, '.b!- ...gn''r\' ' --'m 33Al."to si*effi- 200 000sffi ?)5iAD;r>o No bonds will be sold to pay for the costs anticipated inthis modified Plan. qr,O S. Oriqinal Tax Capacity. 1.1 The original tax capacity of TIF District No. 2 rrasestablished in 1980 upon certification of the TIF District. Thetax capacity of the property added to the TIF District in 1981rras established at that time. No additional property is being added to TrF District No. 2 as a result of this modification. q Each year since the certification of the originalcapacity, the county auditor has increased or decreasedoriginal tax capacity of property within TIF District No. 2result of: tax theasa 8 ,*rguudl " tYJo' TOTAL Annua1 Financial Report.l{. Pursuant to Section 469.L75, Subd. 5 of the TIF Act, the city must file an annual financial rePort regarding TIF District No. 2. The report shal1 be filed by July I of each year uith the school board, the county board and the state auditor. The report to be filed by the City sha1l include the following information: 1. Ehe original tax capacity of TIF District No. 2, Taxinq Jur isdict ion City oE Chanhassen Eennepin County Independent School Dist r ict No. 112 othe r 2. the captured tax capacity of TIF Districtincluding the arnount of any captured tax shared irith other taxing districts, the outstanding principal anount of bonds issued or other loans incurred to finance project costs in TIF District No. 2, No. 2, capac i ty 3 4 for the reporting period and for the duration of TIF District No. 2, the anount budgeted under the TIF PIan and the actual amount expended for the folloring catego r ies : a) acquisition of land and buildings through condem- nation or purchase i b) site improvement or preparation costsi c) installation of public utilities or other public improvements; d)administrative bosts, including the allocated cost of the city, 5 for properties sold to developers, Ehe property to the CitY and the developer ; and the amount of tax exenpt obligations, reported under clause (3), t hich were of private entities for facilitiesDistrict No. 2. the total cost ofprice paid by the other than those issued on behalfIocated in TIF 6 10 Three Year Increment s 55r,600 812,700 L ,242 , ooo 162,000 s2,7oo,ooo In additi.on, the Ci tythe Minnesota commiss ionerthe entire municipa li ty: must report annually byof revenue the following 1. the total principal amount of nondefeased taxincrement financing bonds that are outstanding at theend of the previous calendar yeari and 2. Ehe total annual anount of principal and interestpayment that are due for the current calendar year on(i) general obligation tax increment financing- bonds,and (ii) other tax increment financing bonds. The City nust annually report to the connissioner ofrevenue the follorring anounts for TIF District No. 2: the captured netproperty class asrevenue, for taxes year i tax capac i tyspecified bypayable in !!a rch 1 to anounts for of the district, bythe commissioner ofthe current calendar taxes payable in the L. 2. 5. th9 type oE district, erhether economic developnent,redevelopment, housingr soils condition, -nined underground space, or hazardous substance site; the date on nhich the district iE required to bedecertified; 5 the tax increnent revenues forcurrent calendar year; lrhether the tax increment financing planE or othergoverning docunent pernits incremenL ievenues to beexpended (i) to pay bonds, the proceeds of nhich sereor may be expended on activitiLs located outside ofthe district, (ii) for deposit into a comnon fund fromlrhich noney may be exp-nded on activities locatedoutside of the district, or (iii) to otherlrise financeactivities located outside of the tax incrementfinancing district; and any additional infornation thatrevenue nay require.the commissioner of cH130-011 11 3. L2. Co. Rd. l7 and C.S.A.H. 117 - Improvements have beenposed for this intersection by Carver County. Sight distance problems occur because of the curvature of 1a problem which ls enhanced by the presence of theadjacent corn crop during the summer and early fall months. pro- 7, Roadway Deficiencies: Road deficiencies can problCms created by excessive volumes, lacksignalization or because of the frequency of be due to capacityof turn I anes, and accesses. probl ems categorlze the existing. South of T.H. 5, l0l contalns a riveway accesses, narrow road surfacing,rp curves, patched paving, and llmitedrth of 5, the road servl ce and curve more acceptable however, the clty of rmitted a number of direct drlveway I Pleasant View Road - This route serves as the only east- r{est connection between Co. Rd. 17 and S.T.H. 101. Theexisting roadway design is unsafe in several areas, eyenfor .'l ocal resldential trafflc. Sharp curves, garages Iocated on the rlght-of-r,ay Ilne; hidden drlveways, andfrequent vistas of Lotus Lake which detract motoristsattention all combine to create hazardous condltions.In 1979, the City Council as a result of neighborhood in-put rejected a proposal to provide an appropriately de- signed collector street ln the area. As a resu'l t, the hazardous conditlons which present'ly occur along the route wi'l I intensify as the City contlnues to grow and traffic v o'l umes i ncrease. 2. S.T.H. 5 - Highway 5 is the transportation backbone for the City of Chanhassen. At the present time, 5 ls heav-i1y congested during peak hours because of lts 2-lane configuration and the amount of truck traffic r{hlch ad- versely affects vehi cul ar movement. 3 S.T.H. 101 - Desdeficiencies of number of pri vat narrow bri dges, sight distances. characterlstics Eden Prai ri e has accesses. ign 101ed sha l{o are pe system nature denti alto one f;oadway Connectllqn!: In several areas the Chanhassen transportatloncontilni access connecti on problems.Because of the s ca ttered and timing of deve'l opment actlyity that has occurred, resi- neighborhoods have been' constructed which although adjacent another, may not contain street connectlons. 1. Frontler Tral'l/Carver Beach - fhe western extenslon of Frontier Trai I is essenti al Iy a I ong cu'l -de-sac. The need exists for a connection of Frontler Trail to Kerber B'l vd. which could also accommodate a southerly access out of the Carver Beach Nei ghborhood. 2. Northern Carver Beach - In the northeast sectlon of the Carver Beach Neighborhood, access problems exlst. Hopi Rd. and Nez Perce Rd. dead end ln the northwesterly ,,4/,,1.-/ oZ t-27 i I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOULUT ION Resolution No.Date uotion By Seconded By RESOLUTION FINDING THE MODIFIED TAX TNCREMENT FINANCING PLAN FOR THE CHANHASSEN DOWNTOWN REDEVETOPUENT PROJECT CONSISTENT WITH THE PLANS FOR DEVELOPII{ENT OF THE CITY OF CHANHASSEN WEEREAS, the Chanhassen City Council have authorized pre- paration of a modified Development District No. 1 and Modified Tax Increment Financing Plan, Tax Increment Financing District No. 2 and have submitted the modifieil PIan to the Planning Com- mission for corunent; and WEEREAS, the Planning Commission has made a thorough review of the nodified Plan and has compared the Plan with the plans for development of the City as a whole. NOI{, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chanhassen, Minnesota as follows: 1. The modified Development Program is found to be consistentrrith the plan for development of the City of Chanhassen as a whole . 2. It is recommended that the City Council of the City of Chanhassen hold the public hearing required by law anil adopt themodified Plan. Passed this _ day of _, 1990, by the Planning Commission of the City of Chanhassen, Minnesota. ATTEST : Secretary Chairperson r4(-/*r*3 CITY OF EH[NH[SSEN 690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 I,TEI{ORANDUM TO: Planning Conmission FRoH: Paul Krauss, Planning Director DATE: February 27, 1990 SUBJ: Continued Discussion on the Land Use Plan we are again proposing to schedule a joint meeting betireen the Planning Commission and City Council to discuss the land use plan at the March 7th regular meeting. Staff has contacted the City Council and it appears that 3 out of the 5 members intend to be present that evening. We have not leprinteil the materials that were distributeil last week and ask you to bring with you the packet materials and copy of the land use plan. Shoulil you need additionat copies, please notify us and they will be provided. we are continuing to attempt to resolve our wortl processing problems andl have made some progress. We expect to have accessto our documentation to provide you with copies of the draft plan elements at the worksession on the following Wetlnesday. Staff has had internal discussions regarding the status of twoproperties that lie within the proposed UUSA line expansion. These include the parcels that are ownecl by Prince anil the parcelthat is owned by Jerome carlson. Totaling 289.5 acres, theseparcels are illustrated on an attached map. At prevailing development densities this acreage rould result in approximately 490 single family homes and a population of over 1500 persons. While we have not yet ttirectly contactea these individuals, we believe that they lnay well have no intention to develop their property in the 10 year timeframe invisioned by the clraft pJ.an. As such, it may make sense to erclude them from the uUsA line expansion lhat we are requesting. We exPect the discussions and negotiations with the Metro Council to be tlifficult enough without attempting to bring in parcels that are truly not likelyto develop in our timeframe. One option that we could consideris the potential of creating 'Timberwoodi - like donut holes in the MUSA system around these parcels. Should the Planning Commission so direct us, se would attempt to contact the ownersof the properties to gain their input on this matter. we are throwing this out for discussion purposes only since there is Planning Commission February 27, 1990 Page 2 anoeher side to this issue as rre1l. the concept of creatingdonut holes in the UUSA system results in a somewhat balkanizedconprehensive plan. That sort of status may make it difficult torun streets and utilities needed to serve other areas that areexpected to develop in a 10 year timefrane. It also tends tocompromise the comprehensive nature of comprehensive planning.As indicated above, staff is seeking your ilirection on thismatter . DcBA t-I ! I lr E I IF II I I e $ 2 3 4 I I lr ilrlt r I ! I | -- I "--l ._-t qd oF cluut{AssEiltr: Ir @ ffi PRINCE T{ELSONt PAoPEB I JEROME CAR L8OG'O' EII':GnaHtlmpt tlr-,r!- = 6 7 i, = 4,. tl t:. ? - - l --- I a I I I I T T T I I T T I r t- t- t I 5 ! o I.- !i B ,l! Itl l: I I !I !I REVTSED MARCH 7, 1990 2. Rezoning BF Distict to A-2 3. Sign Orilinance ( low priority ) 4. Tree ordinance - Mapping ofsignificant vegetative areas 5. Rezoning of 2l acres Lotsto RR District C. OTBER ITEI{S Computerize land use fi1es,pernits, conditions analexpiration dates on a par-cel by parcel basis Reappraisal on Wetland issues, ordinance and mapping in conjunction rri th storm rrater management Adoption 9,/9 0 Adoption 9,/9 0 19 95 Study Areas Inactive - took at in next 2 months to actor ki11 Inactive - Low priorityposition Iilorking rri th DNR Forester DNR Inventory due spring, 1990 cet update from DNR Review schedule for ltay 1 1 2 Definition of structures Shoreland Ordinance Flood zone Ordinance Grad i ng,/Mi nera 1 Extraction Ongoi ng CUPrs completeal Staff processing a position paper to review wetland ordinance & enforcement Budgeted money for update 2 year timeframe Review March, 1990 Summer, 1990 Spring, 1990 lllarch, 1990 - CC directetlstaff to expedi te. 3 4 5 5 ONGOING ISSUES A. COITPREEENSIVE PLAN ISSUES 1. Comprehensive Plan Upilate 2. Amendments to MUSA Boundary 3. Future Use for Areas Out- side the MUSA Bounilary B. ZONING CODB AIIIBNDUENTS 1. Blending Ordinance(med.-Iow priority) STATUS Analysis paper PC Review Districtin 2 months REVISED Ir{ARCH 7, 1990 7 8. ZOA Bank with drive-thru in BH District 9. Review legislation and ordinance pertaining to group homes . ONGOING ISSUES R-16 District Group Homes Variance ordinance and procedures STATUS PC Review Feb. 7, 1990 PC Review Feb. 7, 1990 April, 1990 City Council direction to Proces s 10. 11. I{EIIORANDUI{ TO: Planning Comnission FROU! Paul Krauss, Director of Planning DATE ! February 27, L99O SUBJ: Report from Planning Director 690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 CITY OF EH[[IH[ESEN ?tc I At the city Council meeting of February 26, L99O, the following acLions were taken: The proposetl zoning ordinance amenalments dealing with 1ot frontage and access by private driveways was scheduled forfinal reading. The item was pulleil from the Consent Agendaby Councilman Boyt, who raiged several issues. Ile was con- cerned with the standard that private driveways are proposedto be allor,red where the 'prevailing development pattern makesit infeasible or inappropriate to construct a public street" and wanted to make sure that this does not mean that if thereis a private driveway in the neighborhood that it automati-cal1y entitles an applicant to reguest one on his property.Staff agreed that we rrould refine it so that the prevailing development pattern refers to the placement of existing homes and lot lines in a manner that makes it impossible toconstruct a public street. Councilman Boyt suggested thatthe city should obtain an easement over the private drivewayin the event that in some point in the future the city wishesto make a public street out of it. Staff indicated that this would be self defeating since the private driveway ordinancestipulates that it should only be usetl rhere it is determineilthat a city street is not required andl seconilly, because theright-of-way requirenents that are required for public street would often be impossible to meet in private drivesituations. The City Council agreed nith staffrs analysis.Staff was directed to work eith the City Attorney to 'beefup" requirements relative to uaintenance and plowing of dri- veways. They rish to have the ordinance drafted in such a manner that the city could require this maintenance andplowing to occur whether or not the property owners cooperated to insure emergency vehicle access. The final reading was continued to allow staff anal the City Attorney to work up changes to the ordinance. Planning Commission February 27. L990 Page 2 2. Final reading of the zoning ordinance anendmenE pertaining tothe recreational beachlot ordinance was approved on the Consent Agenda. 3. The City Council approved an extension to the preliminaryplat deadline for Laurent and Peterson. prior to the changein the ordinance restricting 2l acre lots only, these indivi-tluals prepared concept plans for city review. They did notproceed with a formal preliminary and final plat applicationfor the property since they are affecteil by the TH 2L2 corri-dor and this was not located rith any accuracy at the timethey were trying to plat the property. They were originallygiven an extension to the preliminary plat procedure until aperiod three months past the date of adoption of the official map of IH 2L2. Upon further discussion with the applicant,staff concluded that this was not sufficient time to preparethe required documentation and reconmended that the platdeadline be exteniled to June 4, 1990. The Council agreed andapproved the iten on the Consent Agenda. 4. Preliminary plat to subdivide 20.98 acres into 2 singlefamily lots off of Dogr,ood for Peter Brandt. As the planning Commission may recall, the City Council was to act on thisitem on their last agenda. Action on the ilem pas continuedwhen the Council asked staff to investigate the feasibilityof connecting Dogwood to Crimson Bay. Staff dlitt furtheranalysis including contacting !{nDOT who it turns out supportsthe idea of a connection in view of future trafficconstraints in the area. Based on new information and theCity Council's previous actions on the item, staff recom- mended that the connection be required. The applicantreguested the iten be pulled fron the agenda a few hoursbefore the City Council meeting. In consultation with theIrlayor, staff determined that it should renain on the agendasince people who were notified may show up for the meelingand shoul,d be given an opportunity to speak. In any evena,there rrere no parties present to address this natter and theitem was held over until Mr. Laughinghouse is able to get allthe applicants present to discuas the matter with theCouncil. 5. The revised site plan for Country Eospitality Suites wasapproved. 5. The zoning ordinance amendment to the BH District to allowbanks with drive thru windows was granted first reading bythe Council. The Council reviewed the draft. 7. ?he draft ordinance creating the R-I6 Residential Districtwas revieredl. Councilman Boyt raised guestions regarding theneed for this ordinance suggesting that it could be handledby PUDrs instead. Staff outLined problems with the existing Planning February Page 3 Commission27, 1990 PUD ordinance and believes that the ordinance as drafted is required. The balance of the City Council generally agreed and gave it approved first reading. Staff was asked to look at the possibility of deleting or limiting home occupationsin the R-16 District. Their discussions on the mattser were comparable to those which were raised by the Planning Commission. 8. staff presented a discussion paper regarding variance proce- dures and regulations to the City Council for their review and recommendation. The position paper outlined two dif-ferent aspect.s associated with variances. The first has to do with the findings of what constitutes a hardship. In a number of instances in the past, it was apparent that the cit.y Council sought a rray to approve variances which appearto make some sense but did not meet the strict interpretation of the hardship criteria as currently drafted. It was staff's opinion that the hardlship criteria as currently drafted are as strictly interpretted as possible and could be moilified to offer some discretion while sti1l keeping with the intent of the variance proceclure. Staff workeil with the City Attorney to develop nodified language that we believe would accomplish this goa1. $lhile there are number of senan-tic changes that were proposed, the main change was the defi-nition of unilue hardship would be that the proPerty cannot beput to a reasonable use because of its size, physical surrounilings, shape or topography. nReasonable use is the use commonly matle by other property in the district.' The second related matter concerns processing of variances. Staff is concerned that there appears to be a ilefacto approach to handling variances that is not reflected in the ordinance. As currently drafteil, the Board of Adjustments is supposed to review aLl variances. In point of fact ithat actually happens is that the Board reviews variances asso- ciated with building permits, but variances associated withplats, site plans, etc. are typically commented upon by the Planning Commission and approved by the City Council. Stafffeels that the manner in which these things are hanilled is the corlect one in terms of the fact that it facilitates efficient and effective review of variances that may occur during these revie!, processes. I believe that the Planning commission and City Council are in the best position to review these sorts of variances since you review it in the context of the development proposal that is being made anfl not simply subjecting it to the hardship criteria such. The Boardtia1l unfai ciencdurin requ i ofyha ranyof sP1reil Adjustment, if asked to review these issues, essen-s to take the variance out of context rhich may be d misleatling. We are also concerned with the effi-the review process whereby a variance may crop up anning Commission or City Council review during modifications to the plan which would be approveil by Plannin Februar Page 4 onmt s s 10n 7, 1990 the City Council but then technically would also have to be gCy2 approvetl by the Board of Adjustments. Adjustments rejected the variance, th cess would have been meaningless antlto go back through the Planning Commi Ordinance nodifications are being prothis natte! and essentially legitimiz have been using to date. urodify or drop the matter sith thedirected to bring the ordinance bac Commission. The Council nembers diregarding the amount of latitude th changes to the hardship criteria wobelief of some Council members that f the Boald ofntire planning pro- proposal would have on for re-review. ecl that woulil clarify he procedures that we Iee the ssi poset The City Council was generally very supportive of the changesthat were being proposed. Staff asked for their direction asto r4thether or not ire should proceed with presenting thePlanning Commission with a formal ordinance amendment or re k d at u1t sult that staff was through the Planningraise questions the proposed languaged offer. It was the he proposetl criteria were too liberal . Staff had discussions with them and nillbe working with the City Attorney to resolve Ehis matterprior to bringing it back to the Planning Conmission. METROPOLITAN COUNCII- Mean tu* Catre,2i0 hn Fifih strcct, sr. hat, MN. s5t0t 612 291-63s9 February 26, 1990 PauI Krauss, AICP Director of Planning City of Chanhassen 590 Coulter Dr. P. O. Box 147 Chanhassen, MN 55317 Dear Mr. Krauss: Enclosed is a copy of Metropolitan Council Resolution 90-9, which appmves Chanhassen's request for an extension of the time period to complete your review of your comprehensive plan and make amendments in response to the Council's 19EE Systems Information Statemenl Please feel lree to call Anne Hurlburt of the C.ouncil staff if you have questions or need further information (612 291-6501). Steve Keefe Chair SI(kp FEB 27 1993 CITY OFCHIINH/tsSEfi 5G Enclosure Sincerely, }IETROPOLIfAN COUNCIL Mears Park Ceotle, 250 E. 5th Stleetr St. Paulr l{iDDesota 5510I 6t2-29L-6359 RXSOLUTION NO. 9O-9 RESOLUTTON A?PROVIilC RIqUESTS FOR EITENSToN OF TIME TO MEET REqUIREMENTS OF TEE UETROPOLITAN I.AND PI.ANNING ACT WIIEREAS,on Aprll lO, 1989, the MetropolLtau Councll transEiEted to all 1ocaI governoetrts ia the regLoa its aanual stateoent of changes Ln the metropolitau syaten pollcy plaas, iacluding the policy plans for lras t elrater treatoeat and handling ( se$rels ) and for traBsportati.on adopted lu 1988r Pursuant to MLan. .Stat. Sec. 473.856; and WflEREAS, the 1976 Metropolitan Land Planoiug Act (!tinn. Stat. 473.855) staEes that lrlthlD nlne oonths after receiving an amendoenE to a netropolltan systeo plau, each affected 1oca1 governoental unit shaIl review 1ts comprehensive plan to deternlne if an aoeadmenr is necessary to ensure contLnued conforolty r71th EetroPolitan systen plalrs. If aa auendnent Ls necessarT, the governmental unit sha11 prepare the aaendnent aud subult it to the council for review I and WIIEREAS, the Ia!, provides a procedure for grantlng extensions of the tioe for futfilltng these requlreoeots; aad WIIEREAS, resolutions of the governl'ng bodies of a nuober of 1oca1 governments ' lrlth a descrlptLon of the activlties prevlously undertaken to Eeet the requlremene' and the reasons necessltatlng and justifylag the request have been recelved by the Councll; and WIIEREAS, the Metropolitan councLl has oade a flnding of exceptional circuostalces or undue hardshlp as requlred by Minn. Stat. Sec' 473.869' that Justlfy the requests; NOI^I, THEREtr'ORE, BE IT RESOLI/ED, thEt the MetropolJ.tan councll hereby approves the follorlng requests for extensions to the tlne for fulfllltag the requileEeot to resPoad to the 1988 l{etropolLtaa Systeus Inforroatioa stateDeats, rrlth Ehe eondition that approval of an extensloa shall. not exeoPt the coounity froo subt0lttLng all loformatl.on necessary do deteroLne the potentj.al Lnpact of any plan aEendment or proJ eet oE Eetropoll,tan eysteBs plans. Ilhether or not atr extensloo has beeu graated, lf the Councll deteroLnes that a 1oca1 plau auendment or proJect subal,tted for revlew ls lnconslstenr with the uetropolitan systeE p1aos, lt Eay oot receive Councll approval or favorable co@ent. Local GovernmentExtension Aoproved Burnsville Chanhassen Coon Rapids Eugo Lakelaad Shores Savage Vlctoria Adopted this 22nd day of February' 1990. Wrc.a- SEeve Keefe, ch*l L2l 3r I 90 elLleo LlLoleL TlLoleo TlLoleo ro/r/90 L2l 3L I eo Sandi , secretaly h:u!.r,Yt !.9{ib\cdnt L.\.rriB3