04-4-90 Agenda and Packet1z
AGENDA
CHANHASSEN PIANNING COI.O{ISS ION
I{EDNESDAY, APRIL 4, 1990, 7:30 p.tit.
CITANHASSEN CITY HALL, 690 COULTER DRM
CALL TO ORDER
PUBLTC HEARINGS
Conditional Use Perroit for a 3O+ seat restaurant uith take outon property zoned BN, Neighborhood Business District, in theretail center located at Seven Forty-one Crossing Addition,
Wayne Sa1den.
lIcDonaldr s Corporation, located on Iake Drive East and DakotaAvenue, zoned BH, Highway and Business District:
a. Prelininary plat to replat Iots 1 and 2, Chan Haven plazafor the expansion of the parking area
b. site plan review for expansion of restaurant.
OLD BUSINESS
1
2
3. Zoning Ordinance AmendmentPernits and Article XXVII,crading activities.
of Article
Excavating,
IV, ConditionalMining, Fi1l j.ng Use
and
NET{ BUSTNESS
APPROVAL OF UTNIITES
CITY COUNCIL UPDATE
ONGOTNG ITEI,{S
ADMI}TTSTRATIVE APPROVAIS
OPEN DISCUSSION
ADTOI,RNIITENT
CITY OF
EH[NH[SSEN
PC DATE:
CC DATE:
CASE #:
4/ 4/90
4/23/eo
90-2 CUP
STAFF REPORT
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PROPOSAL: Conditional Use Perroit for a Standard Restaurant
IOCATIoN: Seven Forty-One Crossroads Center
APPLICANT: Wayne Salden
140 W. l,lain Street
Waconia, tlN 55387
PRESENT ZONING:
ACREAGE:
DENSTTY:
BN Neighborhood Business District
ADJACENT ZONING AND
I,AND USE:t{ - BN, SuperAmerica
S - RSF, vacant
E - RSF, single fanily
w - RsF, single fanily
Available to property.
The site has been developed
shopping center. The ot nercenter is proposing to havecertificate of occupancy by
end of April, 1990.
asaof the
the
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2 OOO I,AND USE PI,AN:Commercial
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Salden Restaurant CUPApril. 4, 1990
Page 2
ANALYSIS
The applicants are proposing to locate an Italian restaurant in the
Seven-Forty One Crossing Shopping Center located at the corner of
flwy. 7 and Hwy. 41. The floor area is approxinatefy 1,500 squarefeet and is located towards the easterly side of the shoppingcenter (Attachnent #1). The Italian restaurant is proposed to haveseating for 30 customers along rrith take out and may be requestinga 3.2 liquor license. The restaurant rrill be providing take outpizza and inside dining serving Italian dishes. The restaurant isalso proposing to have a snalt deli case which nould containdesserts, salads and light sandniches.
Since the restaurant will provide a sit dolln area for custoners tobe served by a restaurant ernployee, staff felt that the proposalneets the definition of a standard restaurant and therefore,requires a conditional use pernit. The use is consistent with the
Neighborhood Business District in that it will serve the dailyneeds of the neighborhood. The proposal neets the specificconditions of a standard restaurant for a conditional use permit inthat it is beyond the 100 foot required separation between therestaurant and any residential parcel . The Zoning ordinance alsorequires the foLloning general conditions to be met:
1. Will not be detrimental to or enhance the pubLicsafety, comfort, convenience or general welfare
neighborhood or the city.
3.
health,of the
* The proposed restaurant will not be detrinental to or
endanger the public health safety, comfort, convenienceor general welfare of the neighborhood or the city.
will be consistent with the objectives of the cityrs
conprehensive plan and this chapter.
*The proposed restaurant will be consistent with the Cityrs
Conprehensive and Zoning Ordinance.
2
WilI be designed, constructed, operated and naintained so tobe conpatible in appearance with the existing or intendedcharacter of the general vicinity and wiII not change theessential character of that area.
The proposed restaurant will be part of an approved
shopping center and therefore, be designed and maintainedso as to be courpatible in appearance with existing orintended character of the general vicini,ty and will not
change the essential character of that area.
*
Salden Restaurant gt PApril 4, 1990
Page 3
4.
5.
6.
7.
I{iI1 not be hazardous or
neighboring uses.
disturbing to existing or pI anned
* The restaurant will not be harzardous or disturbing toexisting or planned neighboring uses.
WilI be served adequately by essential public facilities andservices, including streets, police and fire protection,
drainage structures, refuse disposal, uater and serrer systems
and schools; or will be served adequately by such facilities
and services provided by the persons or agencies responsibl.efor the establishment of the proposed use.
i AII of the essential public facilities are availabLe to thesite. The Seven-Forty One Crossing Shopping Center was
approved by the City Council on April 25, 1988. The siteplan included parking to acconmodate a restaurant withseating of 190 for a total of 76 parking spaces. The
proposed restaurant contains seating for 30 and therefore,the nunber of parking spaces provided on the site will
accorDnodate the proposed restaurant.
Will not create excessive requirements for public facilitiesand services and will not be detrimental to the econonicrrelfare of the conmunity.
* The restaurant will not create excessive requirements forpublic facilities and services and wiII not be detrinentalto the econonic rrelfare of the connunity.
Will not involve uses, activities, processes, materials,
eguiprnent and conditions of operation that will be detrinrentalto any persons, property or the general welfare because ofexcessive production of traffic, noise, snoke, funes, gIare,
odors, rodents, or trash.
*Restaurants can result in excess production of trash, rhich
can also result in rodents and odors. Therefore, staff is
recornmending that the restaurant be provided with its owntrash enclosure at the rear of the restaurant and that itbe enclosed with the same naterials as the exterior of theshopping center. Should problens still arise from theproduction of trash, the city wiII have the opportunity toreview the conditional use pernit to insure that all -
conditions are being net and if necessary can requireadditional conditions such as reco:nnending that theapplicant contract with a hauler for daily trashcollection.
Salden Restaurant CUPApril 4, 1990
Page 4
8. WiII have vehicular approaches to the property nhich docreate traffic congestion or interfere with trafficsurrounding public thoroughfares.
The restaurant is part of the shopping center whose overalLsite plan has been approved by the city and which does notcreate traffic, congestion or interfere with traffic orsurrounding pubtic thoroughfares.
*
Will not result in the destruction, lossaccess, natural, scenic or historicsignificance.
not
or
soI ar
roa j or
9 or damage offeatures of
*The restaurant will not result in the destructLon or lossfeatures of any signficiance.
10.
11.
will be aesthetically compatible with the area.
* The restaurant will be aesthetically conpatible uith thearea.
Will not depreciate surrounding property values.
* The restaurant will not depreciate surrounding propertyvalues .
1^2. Will rneet standards prescribed for certain uses as provided inthis article.
r Ihe restaurant neets the one specific condition forstandard restaurants under the conditional use standards.
Staff is confortable rsith- the nuDber of parklng spaces provided aspart of the whole shopping center and feelJ tlat the proposedrestaurant_ as part of the shopping center will. be conpatiLle- withthe overal1 approved site plan.
RECOI,II,IENDATION
Staff reconnends thenotion:Planning Conmission adopt the folloning
rrThe. Planning Conmission reconnends approval of Conditlonal UsePerrnit Request #90-2 for an ftalian restaurant to be located atseven-Forty one crossroads center as shorm on the plans dated llarch29, L99O, and with the following conditions:
1. The applicant shaLl provide its own trash enclosure at therear of the restaurant which shall be enclosed with the sanernateriaLs as the exterj.or of the shopping center.
Salden Restaurant CUP
April 4, 1990
Page 5
ATTACHI{ENTS
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IOIAL PARKING REQ.D t54 cEtb
TOTAL P.{RKING PnoVIDED 2I2 rtrtb
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CITY OF P.C. DAIE: 4/4/90
C.C. DAIE: 4/23/90
CASE NO! 90-4 Site
90-4 SUB
Prepared by: Olsen/v
STAFF REPORT
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Site Plan Review for Expansion of McDona1ds
and Preliminary Plat
PROPOSAI,:
APPLICANT:
Hi{y. 5 and Dakota Avenue
McDonalds
1650 W. 82nd Street, Suite 900
Bloomington, MN 55431Attn: Greg Schleck
PRESENT ZONIITG:
ACREAGE:
DENSITY:
ADJACENT ZOT|ING
AND LAND USE8
BE, Eighway and Business
99,804 s. f.
N.
E-
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Ewy. 5
RSF; single family
BEi vacant
BE; Sinclair
WATER AND SEWER:Avai 1ab1e
PHYSICAL CEARAC. :Site has existing restaurant with the
remainiler of the site unilevelopeil.
2OOO LAND USE PLAN:Cornmercial
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McDonal,d I s RestaurantApril 4, 1990
Page 2
PROPOSAL/SI ltMARY
The applicants are requesting approval to expand the existing
UcDonaldrs Restaurant Located at the intersection of Dakota Avenueand Lake Drive East. Plans calt for an expansion of approxinately
850 square feet on the south side of the building to acconmodate anexpanded seating area. The parking lot will also be expanded 90feet to the east to acconnodate additional parking and circulation.llost of the parking lot expansion rrill be for trucks that currentlystop at the restaurant but which cannot be accorDmodated on the sitaat present due to restricted turning movenents and lack ofappropriate parking.
The restaurant was originally approved in 1982. At that tirne, theproposaL generated signif icant neighborhood opposition resulting ina lawsuit wherein the Cityrs interpretation oi-the Zoning Ordinancewas questioned. The suit was ultiuately won by the City and therestaurant rras buiLt under the old c-2 -zoning. - mis diitiict nolonger exists. The site is presently zoned Hlghway Business (BB)which lists fast food restaurants as a pernittad u;e.Staff has worked rrith the applicants to develop and refine theexpansion plans. The site has several inherent, grandfatheredvariances under current regulations. While these Lould not beelininated due to site constraints, attenpts rrere mad.e to minimizethen. In addition, staff envisions there beinq sornethinq of atrade-off in exchange for iuproved site deslgn,- nost nota-bly inlandscaping
The site plan is reasonably- we-Il designed and represents only aminor departure frorn the eiisting one. fnternal -circulation andsite entrances renain largely.unchanged. The site plan is designedto acconmodate and provide right-of-way required lelative to theupgrading of Hwy. 5 and Lake Drive. ThL flwy. 5 improvements willhave the effect of noving the traffic lanes nuch closer to thenorth property line, an area that currently has a setback of only5 feet froD the right-of-ray. The drive-thru renains in the saraeIocation but it has only a Z foot setback fron the Dakota AvenueROI{. Due to the linitations of the site, its proxinity to adjacent
ROW and a desire to maintain, and if possible, iurprove bufieringfor. the single fanily nei-ghborhood to the south, a sensitivelfdesigned landscaping plan is required. The current plan serves asa good starting poin! but in our opinion is inadequale to meet thegoal. A number of inprovenents have been proposLd inctuding theuse of nore coniferous trees and berus along r,aXe Drive, morescreen plantings around the drive-thru lane and around the trashenclosure. fn addition, road construction viLl result in the needto relocate inpacted trees and to reconstruct a retaining rralL thatwas buiLt in the public right-of-way.
l,{cDona1ds Restaurant Proposal
lilarch 27, 1990
Page 3
No nev city utility service rrill be reguired. Original plans
called for directing site drainage lnto two low areas that wiII be
located largely off-site to the east. staff is reconmending that
catch basin be utilized instead to direct drainage into the city
storm gater systen.
During review of the plans, it bacame apparent that the parking lot
expansion was going to inpact the lou area near Lake Drive, vhichstaff has determined to be a class B uetland. Given the nature ofthe site plan which provides little design flexibility and of thewetland, staff is proposing that the developer be aLlorred to
relocate and enhance the rretland and is further recornmending that
an appropriate conservation easement be provided over it. Horrever,
no wetland alteration penoit has yet been requested for the project
and one Dust be approved to allow work to go forward. Due topublic hearing requirernents we could not get this request on thisDeeting. we are recommendj.ng that the project be allowed toproceed conditioned on the applicants obtaining a rretlandalteration pernit and conpleting the work prior to requesting acertificate of occupancy for the new building addition. Work on
the wetland uoufd also be covered under the landscaping financial
guarantees.
The prelininary plat request is fairly sirnple. Staff has noproblen with the request conditioned on provision of necessary
easeroents and right-of-lray.
Based upon the foregoing, staff is reconroending the site plan and
subdivision requests be approved subj ect to appropriate conditions.
BACKGROT'ND
PLans for the restaurant rrere subnitted to the City in 1982. Staff
recoDnended its approval under the C-2 zoning that rras then inforce. Local residents raised objections to the request due totraffic, noise and related considerations. The Planning Conmission
recomrended denial on April 8, !982, and on April 19th, the CityCouncil failed to approve it on a 2 to 2 vote. on April 3oth,IlcDonalds initlated a suit against the City. On May 3rd,
Councihoan Geving, uho was not present at the City Council meeting,
noved reconsideration of the iten and on llay 10th, the UcDonaldsproposal was approved. Area residents brought suit against theCity on a series of procedural grounds incLuding inappropriatemotions leading to project approval. and interpretation of theordinance by the City. Ihey requested nonetary damages.
The case rras taken up to the lilinnesota Suprene Court who ultinately
found the residents position to be without nerit and dismissed the
case.
l,lcDonaLds Restaurant Proposal
l,larch 27, 1990
Page 3
ARCIIITECTURE,/GETIERAL SITE pIA}{
The proposed site plan extensively utilizes the existing structure
and layout to nininize costs. This is cost effective but does notalLow most of the sites current linitations to be adequatelyresolved. The building is wedged into the western side of theparcel with the drive-thru located Ln a narrow area adj acent to theproperty line. The drive-thru is lane located only 7 feet frorn theproperty line while parking stalls adj acent to Huy. 5 are located5.feet from the right-of-way. Relocation and expansion of the roadwill rnake these undersized setbacks much uore visible. Currentordinances require a 25 foot setback for parking and drive aisles.The western curb cut is uncomfortably close to the DakotaAvenue/Lake Drive intersection and results in a difficult internatcirculation pattern.
However, short of a conplete redevelopnent of the site, theseconcerns cannot be fully addressed. The current proposal willutilize the underlying site plan, naintaining buildlng location,curb cuts and internal circulation pattern. Staff vierrs thissituation as a trade-off rrhere we work with existing business toallor expansion while requiring site iroprovenents instead of fulIordinance cornpliance. We believe that this goal has largety beenachieved. Under the plan the City and State will acquir6 tie ROWnecessary for the pro-posed road inprovenents. parking stalls along
Iyy-.. 5 are being relocated to increase the setbackl fastfy, iilight of the trade-off, linited setback areas and. a desiie toprovide buffering for the adj acent residential neighborhood, weexpect an above average landscaping plan.
Tf,. building architecture is designed to natch the existingstructure. If this uas a new building we uould probabty requesfimproved architectural treatment but under the cirdunstancis we aresatisfied with the proposal.
PARKING/INTERNAL CTRCUIATION/ACCESS
Site access will rernain unchanged and the two curb cuts on lakeDrive will continue to be utililed. The eastern curb cut is [in-
onlyrr rrhile the uestern cut is an exit only. Staff would noroallyrecommend a singte curb cut or at l.east j relocation to the eastairay froD the corner to improve traffic safety. Lake Drive isgoing.to be upgraded this suauer and will carry lignlficantly noretraffic after it is connected to Dell Road. How:ever, giv6n theunderlying s it-e plan, it is not possible to nake drastic- changes.
We note that the curb cuts have been revised to better acconmodateturning Dovements from the reLocated street. The revised alignrnentof Lake Drive will reduce the nagnitude of the curves in front ofthe site which will help inprove sight distance and safety.
ucllonalds Restaurant Proposal
Uarch 27, 1990
Page 4
City parking requirenents are exceeded. Code requires 54 parkingstalls vhere as 78 will be provided.
Given the lirnitations of the site, staff finds internalcirculation, parking and access to be acceptable with severalrelatively roinor alterations. On the attached plan we haveillustrated rnodifications to trro traffic islands that lre believewill inprove traffic safety while expanding internal green space.
We have also illustrated renoval of the rernaining 3 parking stalls
Iocated west of the trash enclosure. This will provide the 25 foot
setback that is required in this area. Iastly, we are proposingthat the parking stall nearest the exit be eLininated to nininizeturning conflicts, increase the setback from 3 feet to 13 feet andallow for additional screening for the residential area. With
these revisions, the site will lose 5 parking stalls but wiII stillprovide 73, 9 in excess of the required 54.
GR,ADING AND DRAINAGE
The site plan shows a retaining waII on the westerly lot line.
Upon field inspection it yas shown that the retaining wa1I actuallyis 3 feet outside of the property Line and therefore, should berelocated onto the 1ot at the ownerrs expense. Relocation of thewall is required to a1low road construction to go forrrard. Thewall is also in poor condition and is in need of repalr.
Original plans called for directed site drainage overland into two
Lov /vet areas located to the east. Staff has since deternined thatwater should be directed to catch basins and run into city storrnsever in Lake Drive. This will avoid over land flow and flow outinto the public right-of-way. Appropriate plans should be providedfor approval by the city. Proj ect approvaL by the Riley-purgatory-B1uff Creek l,fatershed District is required.
Site grading is uriniual due to the developed state of the area. Anerosion control plan should be provided for approval .
Internal circulation on the existing site is poor, particularly atthe exit. Turning movenents are too restricted. The site aLsocannot now acconmodate trucks that frequently stop at the
restaurant with the result that they have parked on the street and
use unsafe turning DoveEents to negotiate the area. The first
problem cannot be resolved given the site lirnitations. The newsite plan does resolve the issue of truck Dovements and parkingquite we1}. Parking is provided for up to 8 trucks and internalcirculation has been inproved to a11ow then to exit the property.
The trucks cannot use the drive-thru lane.
civen the sitets linitations, a well designed landscape plan is theprinary tool for resolving the issues that have been revisedpertaining to screening and buffering the site. The proposed
landscaping plan attempts to respond to these concerns but in ouropinion it falls short. We are proposing several nodifications toresolve these issues including:
1. Provide a 2-3 foot high berro along the Hwy. 5 frontage inthose areas erhere it is possible to do so. Landscapingnaterials, which are for the nost part shrubs, would be plicea
on the bern to screen the lower portions of the parking area.coniferous trees should be placed around the trash enclosure.
2. The nost critical landscaping problem occurs between Hwy. 5and Lake Drive along the drive-thru lane. ereen spac- isextrenely restricted and the problen will be exacerbated byroadway and retaining wa11 construction. At the same time webel.ieve this area should be highly screened to avoid visualiurpact and prevent car headlights from shining into theadjacent streets. We believe that the ash trees lotated alongDakota Avenue and the 3 conifers at the Hwy. 5 intersectionwill need to be relocated. The applicants 1andscape architectshould seek to use a conbination of relocated and neuplantings along uith some sort of dense, conifers shrub thatgrorrs to a 5-6 foot minimun height, to screen this area.
Use berning and additional shrubs along the Lake Driveexposure. Add coniferous trees to reduce headlight glare fro[the cars in the drive-thru which will otherwise strine into ttreresidential area.
McDonalds Restaurant Proposal
IIarch 27, 1990
Page 5
I,ANDSCAPING
The applicant should be an are that under current ordinancesfinancial gruarantees are reguired for landscaping inprovenents.
LIGHTING/SIGNAGE
No changes are proposed to site lighting or slgnage.
CO!,{PLIANCE WITIT ORDINANCE - BH DISTRIET'
Iot Frontage Depth Hardsurface parkingArea Coverage Stalts
3
Ordinance
Proposed
20,000
96 ,47 9
100 r
165 r
150 i
340 r
64
78*
65t
5st
UcDonalds Restaurant Proposal
l,[arch 27, 1990
Page 6
Parking
Setback
ordinance
Proposed
Building
setback
74 when 4 stalls are deleted according to staff
reconnendations
**Existing variances
13 I setback rrill result froro staff nodifications.plan has 4 foot setback
***
PRSLIUINARY PI,AT - CHAN HAVEN PIAZA 2ND ADDITION
To acconmodate the revised site plan an additional 91 foot ofproperty is being acquired fron the parcel located to the east.
The parcel to the east is currently vacant.
current
In our opinion, the subdivisionrenaining undeveloped lot uhich
minimum district reguirenents
developDent.
request is fairly sinple. Theis 7.95 acres, nill exceed a1land can acconmodate future
RI GHT-OF-WAY/GRADTNG/ DRAINAGE/EAS EI.{ENTS
The city is in the process of upgrading Lake Drive East. Thewidening of Lake Drive East rri1l require acguisition of additionalright-of-way that directly affects the plat. The prelininary platreflects the future alignnent of Lake Drive East as t.proposed
public utility and roadway easenentsrr. Staff is reconnending thatthe easenent be dedicated as right-of-way along Lake Drive East.In addition, the typical front, rear, side and utility and drainageeasements sha1l be incorporated into the final plat with theexception of the east line of Iot 2, Block 1, uhere a 10 foot uideeasenent is reconnended instead of the typical 5 foot. There is aneed for additional right-of-way to be dedicated along Dakota
Avenue for its future expansi.on. Exhibit 2 of the Engineeiing rnenoillustrates the additional right-of-rray which shoul.d be dedicatedas part of the final plat.
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There is a Class B rretland located in the southeast corner of theIlcDonaldis site. This wetland sas also one of the rretLandsinvolved in the Cityrs uetland afteration permit application forthe
- inprovernents to Lake Drive East. The lr{cDonaLd t s site plan rrillbe iurpacting the rretland by the expansion of the parking lot. Thesoutheast corner of the expanded parking area is 1ocated just.within the edge of the rretland. The plans that were provided bythe applicant indicated that the setland area was not going to beiupacted by the developnent of the site. Staff overlayea tni plansby osH who prepared the plans for the Cityrs wetlant aLterltionpernit which included on-site surveys of the rretlands existing onthe site. The oSM plan shows that the actuaL location of therretland is such that the parking inprovements do inpact thewesterly edge of the wetland. Therefore, a wetland aiterationpernit is required.
|i"If_ was originally under the inpression by the applicants plansthat the rretland was not inpacted and a rretland alteration pLrnitnotice has not been processed. Staff has published a irublichearing for a wetland alteration pernit and wi1l be processini suchat the next Planning Conmission rueeting. Since a wetlandalteration pernit is required, site plan approval, wiII becontingent upon receipt of a wetland alter;tion pernit. staff willbe reconmending that a certificate of occupancy for the expansionto the ![cDonaldrs building wiII not be issued until a ietlandalteration permit is received and any reconnendations of theuetland alteration perait have been met.
![cDonalds Restaurant Proposal
Uarch 27, 1990
Page 7
WETIAND
RECOMMENDATTON
Staff reconmends thenotion:Planning Connission adopt the folloning
rThe Planning Connission reconnends approval of Site plan Request#90-4 rithout variances subject to the following conditions:
1. Apply for, obtain and complete a wetland alteration perait asoutlined in the staff report.
2. Revise _p.arking and internal circulation plans to iuprovecirculation and provide increased setbacks als outlined in tnestaff report.
Revise drainage plans to utilize catch basin and storn sewer.Utilize concrete curbing in the parking 1ot. provide anerosion control plan.- project approval btthe Riley purgatoryBluff Creek Watershed District is requirLd
3.
McDonalds Restaurant Proposal
l,larch 27 , 199 0
Page I
4 Revise landscaping plans as outlined in the staff report. AfinanciaL guarantee for site improveroents is reguired. Anaddition $10,000 guarantee for completing required rretland
inprovements wilt also be required.
Relocate the retaining rrall onto the l,[cDonalds site, providing
a Dinimun of 1 foot clearance fron the right-of-way.
Approval and filing of the pfat is required prior to the
issuance of any building pernits.
5
6.
1
Staff reconmends approval of Preliroinary plat #90-4 withoutvariances subj ect to the following conditions:
Provide the easements outlined in the staff
described on the attached illustration.report and
Dedicate illustrated right-of-way to the City.
Enter into a developnent contract with the City and provide
necessary financiaL guarantees prior to having the City signoff on the final p1at.
ATTACHIT{ENTS
2
3
1
2
3
4
5
6
7
. Proposed changes. Irleno from Sr. Engineering Technician dated Uarch Zg, L99O.. Ueno fron Building Official. dated February 23, 1990.. I€tter fron Steve Kirchman dated January 24, L99O.. I€tter fron UnDoT dated lrlarch 21, L99O.. Reduced copies of p1ans.. Application.
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llEIUORANDUII1
TO:
FROU!
DATE:
SUBJ:
Paul Krauss, Planning Director
Dave Henrpel , Sr. Engineering Technician
llarch 28, I99 0
690 COULTER DRIVE . PO. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
CITY OF
CH[NH[ESEN
lw
Preliminary Plat Review for Chan Haven Plaza 2nd Addition and
McDonaldrs Site Plan ReviewFile No. 90-6 Land Use Review
Upon review of the above-referenced preliminary plat dated tlarch
8, 1990, I find the plat generally acceptable with the following
coEments and. recommendations .
Ri ght-of-Way
As you are aware, plans are underiray for the upgrade of Lake DriveEast. fhe improvements that the City proposes include widening
and realigning Lake Drive East, siderralks, and storm drainage
i.mprovements. The widening of the street rrill require acquisi-tion of additional right-of-way that directly affects this pIat.
Staff has worked with the applicants to develop a site plan tbat
accotrmodates the expansion of Lake Drive East. The preliminaryplat reflects the future alignment of Lake Drive East as
'proposed public utility and roadway ease![ents' (see Exhibit 1).It is recouurended that this easement be dedicated on the finalplat as Lake Drive East rigbt-of-ray. The upgrading of LakeDrive East will benefit these parcels by exposing them toadditional pedestrian ancl vehicle traffic aenerated from the new
through street and new intersection at Trunk Highway 5 and DelI Road.
Dakota Avenue is proposeil to be wiileoed along the west side ofthe plat in order to accommodate the expanded intersection andchannelization with UnDOT's Trunk Eighrray 5 improvementsscheduled for construction in 1991-92. This improvement willalso impact the plat but in much less fashion. The widening of
Dakota Avenue will require additional right-of-way to be acquiredfrom Lot 1, Block 1 (McDonaldrs site) of approximately 0.02 acresnear the intersection of Trunk Eighway 5 anal Dakota Avenue (seeExhibit 2). It is also reconmended that the final plat deilicatethe ailditional right-of-way required for Dakota Avenue.
Paul Krauss
}larch 28, 1990
Page 2
Easement s
Approximately half of llcDonald's existing site (Lot l, Block I)currently drains into Lake Drive East and the other hal,f drainseasterly into proposed Lot 2, Block 1. This eventually drainsinto MnDOT's ditch along Trunk Highway 5. The proposed gradingplan for McDonaldrs maintains the drainage pattern and onlyincreases volume slightly into Lot 2, Block 1. In addition, thisplan reduces the amount of runoff out into Lake Drive East, anilredirects the remaining runoff into a wetland situated in the
southeast corner of proposed Lot 1, Block I. Regarding therunoff into the rretland, we believe a better and permanentsolution to the drainage situation is for the runoff to be
conveyed through storm sewer to the City's storm sewer in LakeDrive East. In conjunction with proposed Lake Drive East
improvements, a storn sewer stub will be extended to the propertyline for the ltcDonaldrs site to connect into, thereby eliminatingthis wetland spi1lway.
Recommended Conditions tor Preliminary Plat Approval
1. The final plat sha1l show the "proposed public utility and
roadway easementsn for Lake Drive East righ!-of-way.
2. The typical front, rear and sidle utility and drainage
easenents shall be incorporated into the final plat with the
exception of the east line of Lot 2, Block I where a 1O-footwide easement is being required to better accomnodate theCityrs storm sewer.
3. The final plat shall dedicate ailditional right-of-way
required for future expansion of Dakota Avenue (Exhibit 2).
A. The applicant shall enter into a development contract andprovide the necessary financial securitys before the Citysigns the final p1at.
}{CDONAI,D I S SITE PLAN REVIEW - SITE PLAN SP-I
The plans leflect a retaining wa1l on the westerly lot 1ine.
Upon field inspection it was revealed that the retaining wall is
actual.ly three feet into the Cityrs right-of-way. This needs to
be relocated by the owner onto the McDonaldrs property, set back
a minimurn of one (1) foot from the property line. The relocationof the retaining wall will require moving five aEh trees, threeto six inches in diameter, that also encroach upon the City'sright-of-way. The owner has plans currently undeHray totransplant these trees between the drive-thru lane anil the pro-perty Iine. We feel as these trees mature their root systems
could negatively impact the retaining wall which would require
Paul Krauss
llarch 28, f990
Page 3
future maintenance by the owner. It is reconmendeil that the
trees be removed from this narrow 6-foot green area and be
repLaced with shrub type landscaping similar to what is proposeil
along the north property 1ine.
with the acquisition of right-of-way along the west side of theplat, two existing pine trees will be located on or slightly over
the new property. These pines should be relocated to acconmotlate
future expansion of the intersection at Trunk Eighway 5 and
Dakota Avenue. It is therefore reconmended that these pines be
relocated further back on the Lot or replaced with other
Iandscaping .
Grading and Drainage Plan ( SP-2 )
The overall plan is acceptable with the aforementioned drainage
recoromendation s and revisions. The Ri ley-Purgatory-Bluf f Creek
Watersheal District Engineer, lilr. Bob Obermeyer, has reviewed the
site plan and indicated storm runoff control (on-site storage)
vrould not be necessary. The downstream drainage system has been
designed and built to handle the developed runoff rate fron the
area.
Erosion control
The plans do not indicate provisions for erosion control .
recommeniled that the wetlands in the southeast corner of
be plotected lrith Type II erosion control fence.
Recornmended Conditions for Site Plan Review
The applicant shaII relocate the existing retaining
Dakota Avenue right-ot-way back a minimum of one (I
onto the site and restore the boulevard with
It
the
is
1ot
1 waII off
) foot
2. The existing ash trees planted along the Dakota Avenue
right-of-hray shal1 be lelocated by the owner as a part
retaining waII relocation. The boulevard area behind
retaining wa11 shall remain clear of trees.
of the
the
3. The applicant shall protect the wetlands in the southeast
corner of Lot l with rype II erosion control fence as
directed by the City Engineer prior to construction.
4. The applicant shal1 install catch basin(s) and storm sewer to
retlirect the parking lot drainage from the wetland spillway
area into a storm sewer stub being provided with the City's
storm serder improvements in Lake Drive East.
Paul Krauss
uarch 28, 19 90
Page 4
5
ktm
Attachments: 1.
2.
The pine trees planted along Dakota Avenue shall be relocatedfurther onto the 1ot or removed and replaced rrith landscaping
approveil by the Planning Department.
Exhibi
Exhibi
r 1.
L 2.
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DENOTES @t ISERVATPi{ EASEIVENT
DENOTES \A'ETI-AI{D
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Date
EXHIBIT 2
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Ftt-qo p,cet No. 3lrrA
I
CITY OF
CH[I{H.[ESEN
[qK
tI R.equ.L,LcL hanllu.p tlgna.ge- ottd utt b eu*-t noL l,hooru on pla.n.
ITEilORAIDUil
fO: 70 Anltr Oltctt, Sea,io,r Pla)u.e,
FROrrt: Stcu ?. A. Ki*clursst, B,ilAd,,i,;n,g Ollla-i-ol
aATE: F c-bata*g 23, 1990
SUEr: Plt)tt:l,ulg Caae: Si-l-e. Plan 90-1
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA55317
(612) 937-1900 . FAX (612) 937-5739
I
CITY OF
CII[NH[ESEN
690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (512) 937-5739
Janualy 2{, 1990
Ray Schleck, Construction Englneer
NcDonaldrs
1650 r. 82nd Street, Suite 900BIooDington, l,lN 55431-9888
RE: Chanhassen McDonald's Addition
Dear Mr. Schleck,
The building vith adldition as shoynrequired to be sprlnklered. If youplease feel free to contact ne.
S l ncere ly,
at ou! toeetlng vil1 not be
have any further quest i ons,
Steve A
SAK ! laf
KirchDan, Bullding Of f icIaI
)
The purpose of this lette! is to conflro results of our neetingon January 23, 1990.
The building, ',ith a seating capaclty of 13g, ulll be classlfieilas a A-3 occupancy. The State Butldlng Code Chapter 1305.6905does not lequire A-3 occupanciea of .Ieis than 30b accunulativeoccupant load to be sprlnklered.
\_q, l,=--q^-
c:
h
Scott Halr, Assistant PubI ic
Hark Llttfin, Plre Harshal
Gary War!en, City EngineerPaul Krauss, City Planner
Safety Director
i#*Iinnesotr Dc9.rtnent ol Tranrpodrlim
Il€tropolltan Dl.trlct
Tranaportation Bulldlng
St. Paul, lrlnnesot! 55155
Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55t[22
March 21, 1990
Ms, JoAnn Olsen
City Planner
city of chanhassen
590 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
Reply to
Telephone No.593-8523
Rr---l .j-'-)
liAR 2 z tsgi
ilTY OE CtlANttAssqr
!D P,eply Refer To: 315
c. s. 1002 (T.H. 5)
s.E. Quadrant T.H. 5 and Dakota Ave.
McDonald's Addiuon, sec. 13, T\,vp. 116N, R 23w,
chanhassen , carver county
Dear Ms . Olsen:
we are in receipt of the above referenced plat for our review in accordance with
Minnesota Statutes 505.02 and 505.03 Elats and Stlrveys. We find the plat
acceptable for further development with consideraEon of the following comments :
- Any ne1", right of way would be acquired in fee. You should contact
cary warren, City of Chanhassen, for copy of plan. The right of
way authorization is not final at this time.
Runoff should be contolled from the 100 year storm pre-development
rate in accordance with the city of Chanhassen requirements. Plat
should be reviewed by the Riley-Purqatory watershed District.
SIncerely,
K.n 0t<
Rick Da]ton, P. E.
Project Manager
cc: steve Keefe
Metro councfl
Roger Gustafson
carver countY Engineer
MTNNESOr^
,9!X)
An Equal Opportunity Employer
If you have any quesUons in regard to our review of the plat please call me.
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APPIICANT:
3pppggg 165
F7 .+(r,
'.\"o+
ct'fj\LAND DEI'ELOPHENT APPIICAIIONCITY OP CEANEASSBI
690 Coulter Drive. Chauhasseu, MN 5531?(512) 937_1900
Bloomington,MN :55431
TELEPEONE
' Zio(Daytine 1 6I2/88a-7
REQOESI:
Zoniag District Change
Zoning t*rpeal
Zoning Variance
Zoning .fext Aoendaent
Iand Use plan Anendneot
Conditional Use permit
Site plaa Review
McDonald ' s Corporati on OliIilER s Chanhassen H
0 w. 82nd St., Suit e 900 gpppg5g 1420I
o lding Company
Excelsior Blvd
. Minnetonka , MN 553is
EONE P code
fi[
Prana'ea oait Divelopnent
_ Sketch plaa
_ Prel.iniaary plan
_ Final plan-
subdivisioa .. i.
_[ plarting
-
Metes aDd Bounds
Street,/Easemeat Vacation
Wetlands pernit
Code
35s [EI.EP
-_
McDona 1d 's RdstaPROJECT NA.|{E.
PRESENT I.AND
urant Developme nt of Addit ional Pro rtv
USE PTAN DESIGNATIoN vacant L and
REQI'ESTED I.AND USE PIAN DESIGNATION
ERESENT ZONING COTNETCiA1
REQUESTED ZONING COMMCTCiAI
T'SES PROPOSED
for existi n res t aurantParki n s
Parking for existin g restaurant
srzE OF PROPERTy Proposed 94.g?3 sq. ft.or 2.1803 acres
IOCATION
REASONS FOR TEIS
Plaza to Lots 1
Minnesota .
90 Lake Drive East Chanhassen, MN
REQUESI' Rep1at Lots 1 and 2 , BI,C ck I,Fn Haven
and 2, Block 1, Ch an Haven plaza I atI in Ca er County,
LEGAL DESCRfptfON (Attach legal if necessary)
This Reguest,'
- - -.ir-.--r.-iia-. -
'tS'-. -*r}1*;--.ad---'j--.,
See above ,'Reasons for
IEID DIYTIOE! TDPLICI|IICcltl ol F.rrErtlE
690 Coqtt.s D8t .Chroh.rr.!, ltrl 55!t?(612, 937-1900
z P z P eIELEPEONE (D.ytlne
REQUESI t
t_
Zoalng Dlttrlct Cbaogc
tonlng rppc.l
Zoalng Varlancc
8on1ng Icrt lEandrcat
Lnd Urc PhD &.ndDcnt
Condlltlonal O.e p.rDit
Sltc PlaD Rcvlou
l, l7 rlaPEotIE rat ?)4-43 SS
Plrn!.d UDlt Dce.lolrDcat
_ sl.tcb phD
_ EcllElaary plan
_ ilnal plan
Eubdlvltloa
_ Plrttl,nE
_ lbtca and Bouodt
8tr..t/trrco.!t vecrtloa
n tlrDalr p.rDlt
n ro[,urto'3 DW t'l,orlLL po&. frrMHrdf do 6r,ra*L Lrror r?,PRO.,ECT f,A!{B
PRESENS IATID USE PLA}I DESICf,AIION f qrur /st IJTINA Q JT^u<brJr
REQT'ESIBD IAIID T'88 PT.IN DISICXISIOr &
PRESENI ZONING a 6HH bL-
REQESIED ZONING L
T'SES PROPOSED
SIZE OI PROPEAIT Ey$nvL stTz €4,8q, s,n aoot.r,d 44iBs, tr,ru-lq.Ail
IOCA!IOt{qoL DO,,Asl
nElSo|lS tDB IEIS ltntESt LDO)FiON tb Bt tr Lllll ptOtrpZul ..+,.?op,tlf
FEB Z0le33
crrI oE CHANI-|ASSEI{
APPHCI|It nr}o{uun\ eont, otilER! @
ADDRESS ttb66 |.82,!o ST, sunEq^o IDDRESS ILllO il A1zrro st s,un7-:jqoo
IIGAL DESCRIPIIOI (Attrch lcael l! a.c....t!, Sutyrf LTrrr'.A,p
City of Chanhassen
Land DevelopmenE ApplicationPage 2
FILIN G rNS TRUc?rONS:
I J-.L l-NG CER,TTF T'I'F roN:
McDonaId ' s. Cor
Signed By
ppr can E
The undersi
Signed By
P eeO
Date Application Received
Application Fee paid.
City Receipt No.
Date March 9, 1990
Date
Ili= 3-"nfi.ation musr be complered inc.t early printed andffi;+*iit*ffiffi:r{uffi
lhe undersilned,. reo.:$i,::,i: Eifitii,f;!:$:T.::":*"in:.,i;it:.::[o:,certiries
aughorized
described, -
gned hereby cert ifieto aake .hi. -;;;ii;*ii, H"!.lnEr:"Ei;;::ini:,:ff "
wner
r
I this -Applicat,ion willEoard of Adjustnen tsneetinq
be cons ideredand Appeals at by the
Ehei r
I
Planning Conuni ss ion,/
tion
CITY OF
CH[}IH[SSE[I
690 COULTER DRTVE . p.O. BOX 147 0 gg11i1116gSEN, MTNNESOTA 55317
(612) 937-1900. FAX (612) 937_5739
UEMORANDIJ}{
TO:
FROU:
Planning Cornrnission
PauI Krauss, Planning Director
Irlarch 29, 1990
([
DATE:
sU&T: Proposed Zoning ordinance Amendnent DealingExcavation, Mining and Grading - Revised Draft
PROPOSAL/SUUI'iARY
with
on llarch '1 , 1990, the Planning Connission reviewed the first draftof an ordinance dealing with all forns of nining, grading and otherearthwork activity in the City. The City Council requested thedrafting of a ordinance out of concern rrittt- the Cityrs inability toadequately control these operations, most particularly, the l.{oonvalley gravel nine.
Staff prepared an ordinance that dealt rrith these activities in acomprehensive nanner. As such it would replace Article XXVII ofthe current code that deals vith nineral extraction rrith a nuchmore complete set of guidelines and standards for all earthworkactivity. The proposaL vould relocate these standards fron theZoling ordinance into chaptet 't of the City code which deals with
lyilding regulations. and public safety. ?he City Attorney believesthat this section gives the city greater 1atitude to fespond tothis issue. The draft also providei for adninistrative appr:ovaI ofsnaller size grading pernits and in so doing resolved a significantloophole in the current code in an efficient and effectivi uranner.The draft ordinance contains a provision that would requireexisting, .grandfathered operationi to obtain a peralt. rnisprovision is designed to_bring existing uses, such as I,{oon Va1ley,into conptiance. Consideration for the potenia} dfficulty 6iapplying the ordinance to existing operations is provided Uy tfreinclusion of a waiver section that cinnot be applied due to pre-existing conditions. we have stressed that thiJ ordinance shouldnot be viened as one that could be used to elininate on-goingnining but rather its purpose is to establish regulatory coniroliand safeg'uards.
Representatives of the Moon VaLley operation and several neighborsspoke at the Planning Comrnission neeting and additional guidanceuas provided by the Comnissioners. Staif was directed t6 rnake a
uining ordinance
l'[arch 29, 1990
Page 2
nurober of changes in the draft and to continue discussions with the
Ii{oon vall.ey representatives regarding the ordinance. we are nowreturning to the Planning Conrnission with a revised draft.
The current ordinance contains a number of revisions including:
1. Refineddefinitions.
2. Ilodified purpose statenent. The nininum cut off for grading
requiring adninistrative approvaLs has been raised from 50cubic yards to 100 cubic yards. Moving less than 1OO yards
would reguire no pernits unless a rretland was involved.
3.Perimeter fencing is sti11 required and has also been required
around uater storage basins but nou the City will only require
fencing where it believes that there is a safety hazard. This
extensive perimeter fencing is not likely to be necessary.
4.l,lining operation setbacks have not been changed. A 3oo foot
setback is still being required. we acknordledge that Uoon
Va11ey, nith a current 50 foot setback, uould not be inconpliance yith this standard and a waiver would need to be
considered.
5.Tree planting and screening is now required on).y in areas
rrhere the City deten0ines it is necessary to screen off-site
views.
6 The requirerDent has been revised for paving 300 feet ofdriveway. Its purpose is to reduce dust and potential fortracking nud and rock into the public right-of-way. There arepurpose built rock or steel nat traps that are designed toclean debris off of truck tires. The ordinance has beennodified to allow for the incorporation of these rnechanisrns inlieu of the pavenent requirenent.
A large nunber of detail revisions are also incorporated. The
ordinance was reconstructed to provide nore concise standardsand differentiate between nining and snall.er scale gradinqtactivities.
7
A copy of the ordinance was sent to the attorney for Uoon Valley.
He rras contacted by staff and invited to prepare a response. Healso indicated a concern about what sort of allowances could be
nade for his client in the interests of achieving a cornprornise.Staff indicated that we did not feel that we were in a position tooutline an agreeable plan since there is as yet no ![oon Valtey planto review and no ordinance has yet been adopted. we also pointedout that the proposed ordinance is an inclusive one and not solelya response to l4oon Valley. At the sane time we indicated that the
llining ordinance
llarch 29, 1990
Page 3
P}anning Cornmission and some Eenbers of the City council haveindicated support of a compromise at such time as the ordinance isin place and a permit requested.
Lastly, staff had an opportunity to tour Dloon Valley with theowner. While there will undoubtedly be issues that need to beresolved, Itr. Zweir does seem to be taking reasonable care tonaintain a safe and rre1l planned operation an we were iupressedwith this professional isu.
STAFF RECOMIITENDATION
Staff recommends that the Planning conmission approve the draftordinance dealing with mining, excavation, filling and grading.
|t1\-z)-L)*) l.a.?a f|xt-l'l (Jl !-lrBLLr llull a! rULHS IU 93',t5't39 P.Bz
CITY OT CEANHASSEN
C}RVER A}ID UENNEPIN COI'NTIES, T,IINNESOTA
ORDINA}ICB NO,
lt oRDnlrllcl ltrExDrfc cElpalB 7 lttD cEtptlER 20oF ![EE CEIXEIaEEX Crat ctoDE pERTltttINc 30lrclvl8txo, ttltrIfo, llLLlxo, lttD cntDtlo
_ __ 'lfhe Clty CouneLl of the City of Chanha6scn ordains aefollous:
AEclIOr l. C-lfpter Z of the Cbanhaseen Clty eode !,s herebyarlended by adding Article III to read as follora:
7-30! PUREoBE8 lxD IIEEXT.
The purpose ot thls Ordlnance Le to pronote thehealth, Eafety and yelfare of the connunity and Lo eetabllehreasonable unlforn lirltatlons, Btandarda, - safeguarda andcontrolg for exeavating, nlning, fllling,'anCl giaalng rithin theCity. Excavating, _rlnlng, filring, ana iiading-pirrnl€s ioi-uor"than one hundred (100) cublc yards, but-less €nin one tnoueina(!,ooo1 cubic yards of naterill nay be proceased aanlntitii-
livily: Ex-cavating, uining, fil1ing, and grading of one thousand(1,000) cublc yards of naterlal or-nore shall b6 processed in theBame Danner as an interln use permlt.
?-3ts DEIINIEIOI|8.
Ttre follorlng uords, teras anA phrases Bhall have thefolloring ueanLnga rcape-tlvcly' ascrJ.bed to- theu:
EaltD foll 08 forl' the lartlr Excavating, nlning,fllllng or grading.
Ercay.thg or XlataEt
(al The renoval of the natural surface of the earth,uhether sod, dlrtr -eoll, aand, gravel, Etone, or other uitter,creating a depressJ.on or depresilong.'
- (b) Any area uhere th€ topsoll or overburden haeDeen reDoveal for the purpose of_renovlng earthly deposita oruinerals, yet the arei hie renalned tdf5 aince-tn.-iop""if--
. -(c) Any.rrea that lB being used for stockplltng,storage, and-processlng ot sand, gravei, black dfrt;-;i;t;--;ildother ninerals.
r03l29l90
, Ov.rbuaA.Dr Thoae Daterlals vhich lle between thesurface of the earth and uaterl.al deposit to be extracted.
Belablt!,trtloa: To renet land to aelf-sustaininglong-ten use vhlch ie corapatlble ulth conttnguou- i;a-;;;;,present and future, Ln accordance ylth the stindaras gtt iorin r"thia chapter.
llopaol,l r ,lttrat portlon of the overburden whlch liesclosest to the earthrs surfice and supporte ttr- giontir--;;- -
vegetatlon.
?-32. DEnXIE nlQUTIlD.
Except ae othervLse provlded ln thle chaDter, Ltsha1l be unlawful for anyone to iork ttre iirttr-wrailfii-il"i;gflrst obtalned a urltten-per rt rron ttre criv aulfoiirrnn'[ii"sane in accordance utt.b tlls chapter. ective'qiiih-;;;i-'' -'operations.that predata -'-hla chaiter that do not have a pet rts'alr obtain a_perrlt :.'ilhrn six (6) nonths aftGr the adiption otEnls chapter. current permit holders eharr cone lnto courpiiinceuith the teme of thra-chapter no iitii-ttran the true-iniri-annual 5relalt La rensrred. . -
7-33s EtDllpaIoIS tROn pERxIt RsourrExEIAS.
The follorlng actlvltlea do not rcquJ.re a pemttunder thla chapter:
A. Excavatlon tor a-foundatton, ccllar, or blseneDt of abulldlng tf a bulldtng pernit tras Uien lgsued. -- -- -
B. cradlng a lot ln.conJunctlon rlth butldtng lf a bulldtngperuit has been Lasued.
land.
c.
D.
El
ItlttDg o: orrallgr To change the contour of the
Excavatlon.by the lederal, Btate, county, or clty governuentin connectlon slth constructl.on 6r ilIniinance o? ioaas;-----highways, or utllltles.
}IP-9tt., utlllty hookups, or atreet openlngs for vhlchanoEner per lt has been teaued by the C-lty. -
Excavation or fllllng of Dor. than one hundred (1oO) cubtcyards ln a calendar year.
-2-
f. Ploylng and tllllng for agrlcultural purposes.
G. Earth rork ln accordance rlth a devolopuent contract approvedunder tbe Cltyrc Subdlvislon OrdLnance. If the developilintcontract requires that a letter of credit or other se-curitybe posted, the lctter of credlt or other securlty nust bepo8ted before any excavatlon takes place.
7-3lr IIEXDA BrRIB IOBI.
Barth rork that ls .xdnpt froD obtalninE a peraltclrall:
A. Conply yith the Cltyra erogl.on control standards.
B. l{aintaln natural or existlng dralnage pattern3.
C. CoDply yith the eityra other ordlnance requirenents includlngtree presenratl.on and vetland protectlon.
7-3St l?Dr.IcratoxE toB Dlnlitl!8.
A. An appllcatl.on for an earth nork pernlt shall be processed inaccordance slth the saDe procedures speclfled ln the citycode relatlng to lnterfuo uge pemits -xcept that earth rbrkof Dore than one hundred (100) cubtc yards of naterial butleBs than one thousand (1,000) cublc yards of uaterlal nay beapproved adninistratively.
B. An appllcation for a penlt aha1l contain:
,,. Tho naE6 and address of the operator and ouner of tbeland, together slth proof of ownershlp.
2. Tho correct leEal descrlption of the property where theactlvlty ls proposed to occur.
3. A certlfiedl abstract llstlng the naues of all landorrnersownlng property wlthln 5OO aeet of the boundary of theproperty described abov..
a. Speclftcaltonr -of the folloslng, uslng approprl.ate naps,photographs and au:nreyr:
a. llhe phyelcal relatlonghlp of tbe proposed designatedaite to the comunlty and exlettng dlveloproentl
b. Slte. topography and natural f€atur€. lncludlnglocation of uatercouracg and rater bodlee.
-3-
5.
6.
7.
8.
c. lbe descrlptlon and quantlty of raterl,al to be.axclvated.
al. Itre alepth of uater tablss throughout the area.
The purpose of the operatt on.
llbe estlratcd tlae requlred to conplete the operation.
Houre and ronthe of operatlon.
A tree Butilrey lndttcatLng tbc locatlon and tlpe of all
lr€es oyer.str- (5) -lnclree ln callper. rn a f,Laviiy rooaeaar€a only the boundarles of the tiee areas auet bElndtlcated on the auney.
9. A J,andecape plan.
10. 'I'he plan of. operatlon, - lncluding processing, hature ofthe processing and.equlpnent, t6citlon or fire plant, -
Boulc€ of uater, Alsposal of rater aDd reuae o-f watir.
11. Travel routes to and froe the alte.
12. The.p1ans_ for dral.nage, rater eroeion control,sedlncntatl.on and duit control.
13. A rehabilltation.plan provJded for the ordcrly andcontlnulng retrabtlltat-lon of all dlsturUEd Laid. Suchplan shall lllustratc, uslng photographs, aili-ana-----Bun eyE rhere appropriate, the fottoving!
a. llhe contour of tlre land prlor to ercavatl.on andproposeA conto- ur8 after -onpletl.on of excavatlon andafter conplctlon of rehabllitatlon.
b. Those areas ot the clte to b. used for atorage oftopsoll and overbullalen.
c. A schedule cettlng forttr the tlDetable for excavationof tand rylne urtf,rn the extriaai;n ;;cliiti.--'----'
d. Ite alope ot-rI1 slopes aftar rehabllltatton, basedupon propoaed land uses, and descrLption of ihe typeand-quantlty of plantlnig rhere ravlgetatl-n-i" [iiueconductcd.
.. The crlterla and standarda to be used to achleveflnal rehabllltatlon as seII as intelalttent-- -
etabllizatlon.
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12. A staterent ldentlfying the appllcantrs progran to insureconpllance uith tha p€rnlt coirEltlons, rnitn5a of re-ponseto conplaints and resolving conflicts that Day arise as aresult of conp).alnts.
13. Unleee exenpt under t{l.nncaota Rules, an envlrorunentalraaeBaDent uork8heet, lf requlrcd by the Clty.
1l. A uetlanat a1t-erallon pehit, if requlrcd by the CityCode, rtllch ahall bc processed conCurrentli rltfr th3excavatl.on peralt appllcatl.on.
15. other lnfor:natlon rcquired by the Ctty.
?-35r DaocEESIIO Ot DtilIt lpp&Icr8tox8.
A. Exce-pt as otheniee provlded heretn, the City Council shallrevlev.the pernit appllcatlon and eirall appr6ve the perrnit ifit-ls ln conpllance vlth this chapter, thl-Cltyrs Zoirinqordl.nance, and other applicable llwe, -ordlnancis,
andregulatione.
B. A pgplt Day be approved Eubject to conpliance ulthconditions neceasary to ensuie conplianLe uith ttrerequirenents and purlrosc of thls chapter. Ithen Euchconditions are establl.ahed, they shail be set forthspecifically.ln thc pernlt. CondltlonE Day, aEong otherDattera, lluit the eize, tclnd or character- 6f the-proposedoperation, require the conatruction of structures. - re-quiretbe staglng of ixtractlon over a tiue perlod, requlre -the
alteratlon of the site design to ensurE conpilande witsh thestandards, reguJ.re the provislon of a perfoinance bond by theoperator to ensure
- conpl lance rith thele regulatlons in Ltrlsarticle or other eluilar requirelents.
c. Earth rrork of Dore than one hundred (1oo) but leas than onethouaand (1roo0) cublc yards of Date;lal'Ln a twelve (12)nonth period lay be approvad by the city staff. Tlre arjpricantshall Bubnit thc fee requlred ty Section ?-39 of ttre bityC9a9: rt.t9 Clty staff roay also requlre the subnlsston oi inyof tha-ltens speclfled -in subdlvislon ?-3{8. upon rectfpi ota conpleted appllcatlon, thc Cl.ty Staff shall ievlew ttr'iappllcatlon sitbln ten (1o) working davs and srrari noiiiv ttreappllcant of rhe decleion Ly natt.-The-clty st.ii-Liy-iil,";-Buch condltl.ons as nay^ be n-cessary to protect ttre piuii!lnterest. Bonding nay be required in an- aDount sufficient toensure Blte restoratLon ehoulil
- the appllcant default. Anyappllcant.?qgrieved by a declslon na!-appeal thedetemlnatlon to the City Council.
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?-37t ITER!|IXXIIOX Ot DtnXIA.
A. An earth uork peEit !!y bc ternl.nated for vlolatlon of thischapter. or any. condltlon of the_perxit. No petmit nay beteminated untit.!fr. glty Councl.I hae held a-prrbllc hlaringto determine uhether the per:ult shall be terminated, at nhichtiDe. the - operator shall bc afforded an opportunlty io contestthe teltlnatlon. ,ll'hc Clty Councll nay eilablleb iertaincondS.tlons, shich^lf not Eonplicd ultlr, siff ieiuft-in--innedlate euspenaLon.of operltions until tt" prlii. trJaringto consider terulnatlon oi the pernit can be ireld.
B. rt shalt b€ unlauf'xl to conduct earth uork after a perult hasbeen ter:rinated.
7-38r NCilUr& pEnlltts, nsMrr,, eouDurolS.
A. A renewable annua'! pelalt Le reguired. fha purpoee of thcreneuabre perolt r,e to assure c6uprlance stitr Lre corraittonsof approial. Ahe Ctty Eng!,neer, altcr conaultation vithappropriate city Etaff, nay-iaiue reneual perniis upJn--aatlsfactory proof of conplLance rlth thie- chapter. If theCity Engineer denleE a renewal pemit, the appiicant-navappeal the decialolt t9-rhg City-councir uy tiilng i noiice orappeal ulth the clty clert rltf,tn tcn (loj aiii ir[er-iireCity Englneer denles the pernlt.
B. Reguest for reneral. of an ?nnu?I pemlt ghall be nade slxty(60) days prtor to the. exptration-date. ii-ippitEiiloi-orrenenal is not nade uithln the required tina,'iii-opeiitro"sehall be tet Lnat€d, and relnstatdnent of thi permii ,ii l"granted only upon coupliance vith the proceduris iti iJhn rnthia chapter for an oilglnal perolt.
7-39t l88ulnc8 0! ptRula IxEOsBa IO LrrBILttI ot clsy r}rDREI.IEVE8 TE! PIruIIAAE! OP DO IASPONEIBII.IUE':_
Neither the lesuance of a pemlt under this section,nor co-upliance ulth the condltlons theieof or vitrr iiit-pi"iisron"of thie section ehall-relreve-any pereon froD anv relp"-"ri;iiiit-:i:iilH: illifi!?"L,t;';:,i?tr3i.:: *i:r::"ii.B;i*iyi"""'llp"?:,!lt rlabtttty on [.116 ctty, tts orirceie-oi-liriiivE"J-c""any rn]ury or- dauage. to persona or property. I pernit issuedpursuant to thls aectlon do€a not rLrt-eve irre peiaiti"e-oi-trr"responslbl-Iity of -securing and conplying urah ili-;ar,.i pirirtunrch Day be requlred by any ottrer Iiv, ordlnancl 0r regirlation.
?-aos ?888.
-A achedule of f€es for the exanlnatlon and approva]o! appllcatlons for peroltr under tbla s"cEi;n-ina tii" iillpI.ti"nor operatlons for conpll.ance slth the condltiohs o! thls slcttonand th. permlt ahall Lc detornnlncd uy rceoiuiion oi iii"-citi
-6-
l-
i
Counci,l, uhich ray, lrou tlne to tlnc, change cuch schedule.Prior to the approval and issuance or renerriL of any perrnit underthis_ ecctio-n, such fees Ehall be paid to the City aira-depositedto the credlt of the gcneral !und.
7-l1r IGnlE.lrA, IETEVOCIE&E t.l!!ER Ol CnADIf.
Prlor to the iesuance of a petillt, there shall beexecuted by. the operator and landowner ind subnitted to ttre Cityan agree[ent to construct such regulred J.nprovenente and toconply -vith such condltlons for approval al uay have beenestabllshed by the Clty Counclt. -ttre agreeroenf, shall run niththe land and be recorded against the tlife to the property. TheagreeDent shall be acconpanied by a letter of credit icceptableto the C_ity ip the aDount of the- costs of coraplylng vlttr itreagreeDent. Ihe adequacy of the lctter of credll shall be
59v19w9! annually by the-City. Ttre City nay direct the anount ofthe letter of credit be Lncreased to raflect inflation or changedeonditions. The Clty rnay drar agalnst the l.etter of credit fornonconpllance rlth the agreeDent and shall use the proceeds tocure tbe default.
?-t2t 8E!t'8tClB.
- lllnlng- for the pgrpoee of selling sand. gravel, blackallrt, clay, and other nlnerale ahall not be conductei wtthin:
One bundred (100) feet of an exleting etreet or hlghuay.
Itrlf_ty (3O) fect of an eaEelent for an existl.ng publicutlltty.
rhrcc hundred - (3o0) -feet of the boundary of an adJoiningproperty not ln_ulning 9ic cxcept ttrat lggreEate irocesiingthat. creates obJectlonable nolee and dusE] ticluaing uut n5tliuited to crushlng, uust be set back one thousand ilvehundred (1,500) feet froE the boundary of adJoining propertynot ln rainlng usc.
A.
B.
e.
?-a3t IENCITO.
Durlng.operatione pcmltted under tlrle chapter, anyarea rnerc excavatlon slopes are ateeper than one foof ver[lcaito one and one-halc (l-L/a,t feet horliontal shall le iencea.unless the clty determlnLs'that thcy do noi poaa-t;oi;Iv-rri"..a.llate-r BtoraEe baetns chall alao bc ?enced tr-trre crii-a"i,er:rrnt"the baslns poae a-potentlal safety hazard. Unleca otierriel-
:pry"y?9-bl.tlte g+t!r,-required.fenclng shalt b. a aintruro Bix (6)root hlgh chaln llnk fence reetlng ltlnnesota Departnent ofTrinsportltLon etandards for rtghE-of-uay f;nafi;:
The followlnc operatt nE standrrdE Bhall be obeerrredeite of any opera€lo'n perut€tea "naei-ttris section:
The naxLnun nolge level -at the perl.ueter of the slteshatl be sithln tbe ltuits ;;a ;t-6;;in""""[i ioiiutroncontrol Agency and the paderal rivtionuentat proteciton---Agency.
Earth rork ehall be perfotiled durlng only those tlnesestabl.lshed by the c-ity counclf ai parl'6f tts-p"rrft.
Operators shall use all practical ueane to elininatevlbratl.on on adjacenr prLperty ii"r-"6irp".n[-"iiriiIf"n.
Operators shall conply-ullh all applicable clty, county,state and federal regrulations for-the protecti'on of-wiilrqu?rlt{, lncluding tf,e Mlnnesota poiiulfo"-cirt'r"i-dlilv
andl Federal Envlronnental protectl.on Ag€ncy regufatl5n;-.
at the
1.
2.
3.
a.
-8-
?-tt! lDPlilurg! llfD 8Ct!!trIIC.
Itre folloylng standarde are requlred at tbe site ofany operation peraltted under thle artlcle:-
1. Xachlnery ghall be lept ln grood repal.r. AbandonedtachlnerT, Lnoperable- cgutlfrent anh rulufitr srriir berenoved froD the Bltc.
2. All .bulliltnge and egulp,ncnt that have not been used for aperroq or on. year ahall bc retoved fron the elte.
3. All egulpueht _and tclporarT att uctures Bhall be reDovedand disnantted not lalcr tLan nlnety tgoi-aiy"-"ii"iter:ul'natl.on o! trre ertractlon "perairdn-i"a-ir.piiiti"n "rthc petal.t.
{. lfirere practlcal, atockpiles of overburden and naterlal,sBhatt be used as part ot the scrceni"s-i;r-Ae-"iG.
5. Ithere the City detenlnes it is approprlate to Bcreenoff-alte vier-, the perlneter or 'tiri iilc-"triir-u3--planted vith conlferous trees, bet ed. or otfr"rrirescreened. Trees sharr be at liaet B1x'(G) eeei-in-trerghtat th€ tiDe of ptantl.nE.
6. Exlsting trec_ and ground cover ehall be presenreid to theextent feaslblc, rar.ntar.ncd and suppleue'"i"a-ui-""recttvecuttlng, tranaplanting. o! treea, eirhrue, i"a otfrli-g"o"nacover along all setbaik ar6aa.
?. weeds ahall bc eradlcatcd.
?-{3r opERtttONB, xorS!, BOUn8, llptO8tvts, DUga, mrERE'OLLUrIOI, ao?gott ?RABEBVIIIOI
r'.-a\-1J-L)*t lJ'tsD rl\Ll l I.Ft'rEEr-Lr 5!{J I I 6r rULnS IU
5.
for tha protectlon of rater guallty. No uaste productEor proceBB residue sha1l be depoeited ln any lake streanor natural dralnage syateD. All saete u.ter shall pa8a
tbrouEb a eedirent basin before dralnage into a stieaD.
Operatore ahall corply vith all Clty, County, State andfederal regulatlona for the protecti.on of ret1ands.
6. Operators ahall coDply uith all requlrelents of theratersbed uhere the property ls located.
?. AlI topeoll shall be rctaLned at the elte until completerehabilltatlon of th. alte haa taken place according tothe rebabllitatlon plan.
8. Operatorr 8hall uaa all practical leana to reduce theanount of dust, aDoke, and fuhes caus€d by theoperations. l{tren atnospherlc or other conditions nake ltiupossible to pr€vent dust lror nigratlng off site,operatione shall cease.
9. To control dust and nlnlnize tracklng 8and, gravel, anddirt onto publlc atreets, internal pilvate'r6ads fion anlne to any publlc roaduay ehall be paved with asphalt orconcrate for a dl.etancc of at least-thr€e hundred (30O)feet to the intereeetl.on ulth a public roadvay. AllLnternal roads shall be srept and treated to uinlnlzedust .ccordlng to a achedule eetablished by the City. ftreCity Day approve alternatl.vea to paved lntirnal streetsthat accoEplish the Bame purpoae.
10. All haul routee to and fro! the nlne shall be approved bythe clty and shall only uBe streets that can satety
accornroodate the trafflc.
7-16r 8EXIEILrIIII9I 8!rNDlRD8.
llhe folloulnE rehabllltatlon standards shall apply tothe eite of any operatJ.on perfilttad under thle chapter:
1. Se plan uust bc conll.Etent rlth the Cltyr3 conprehcnelveplan and zonlng otdlnance.
2. Rehabllttatl,on shall be a contlnulng operatlon occurrlngas qulclly.a? poisible after tba exiraLtion operatlon hisnoved eutflclently lnto another part of the ei<tractl.onslte.
3. A1l bankt and elopee ehall be left ln accordance nl.th therehabllltation plan eubnlttedl rith the pernitappllcatlon.
:rJ r) /J: ".Lt4
-9-
NnR-23-1994 15:R? FRO4 {Fi'FEELL, SCOTT & Fiicl€ TO
{. s}gpee,. graded areas and backftll areae shall be surfacedulth adequate topaoll to Becurs and hold giround cover.such ground co{er ahall be tended as ntcelairy ""Iit ftls self-auetalned.
5. A1l vat€r arcas reBuLtl.ng froD excavatlon EbaLl beelluinated lrpon rehabittfation or trri-ai[el---i" "ife""' lnstancee ,!:Te th: glty councif rias-revieuea-fripisarsfor uater bodies at the-the of approvar of thi oierarrptan and haa determlned thrt auch-iould le appiopifate aaan open s. pac'E or rocreatt onal aaenlty ln cuUiiquint reuBeof tbe el.tc, vatcr bodlca lay be perifiiea.-
6. llo part of the rqhabllltatlon area shlch la planned for, usea oth.r than open apace or aEriculturc eUifi le-at anelevatlon rouer than tue rtntrui req,lri-d ioi-coniectronto a aanl.tary_or stor B€Eer. rtrc cfly-uy-*if""--lif,requrrenent if the sr.te could not riaioniiri-ue-eliea uygravity.Eeuer notuithstanding the propoBed ip"i.[fo".Finished gradeE ehatl ateo u6 coneisiint-rrtfi-ii"--establlehed plan tor ure properry i"triiitiliEiori.
7. Provrde a landscaprng plan rlrustratlng rcforestatron,ground cover. retland iestoratlon, and-other-i;;a;;.".
?-l?t rl!r!n,.
Ilrg Clty Council Eay allor devlation fron thesEandarda Eet fortlr herel.n:
1. F9r opcratlonB that cxleted prl.or to thc anlctrent ofthis ordrnance rhen tt is nol iii.iurJio-""ifr!'r""o"=.of pre-exJ.sting condltlons.
2. nhen becauae of tot oEraphr.c or other condrtione rt tg notpossiblo to cor4rly. - -
3. rfhen artern-atee that acconprrsh the purpose and intent ofthe Btandard are agrecd up6n by the ifii-i"a-It.-"-'operator.
BECAIO.tr 2. .Chapter 20 of the Chanhaaeen clty-Code Le auended byanendlnE Artlclo :r:flr1tl ln lts entlrcty to roaA:
2o-r3s1s IItEIro.
{f!Fe le-only alloyed ln tbe zonl.ng dlstrict yheresuch use ls dellneated as-an allored uei. tn aa6ftfon-to- --
conprvins-rlth the requtrenente or trrt-zoniiis-"riiii;clf arr sucrr:;:i":l::) ffI3llgl^:ti"i:.*i:":? :n:x:lil,!:l iill;:."..
SEcaIoI t. Thie ordlnance ehall becoDe effectlva lnnediatalyupon ltr pa.Bag. and publlc.tlon. - - ----
9yt5739 P.11
-10-
fDOPIED,by the City Councll of tha City of Chanhassen,thls _ day of , 1990.
ATTEST:
Don City uanager
(ttrbllabed ln the Chanhasr.n Vl,llagcr on , 1990).
,
{
TOTAL P. 12
-]'t -
Plannlng Conrt lssion tleeting
llarch 71 199S - Page 6
PT'BLIC HEARI NG:
ZONING ORDINANCE AUENDT.IENT OF ARTICLE IV, CONDITIONAT USE PERI.TITS, AND
ARTTCLE xxvrr, !'IINERAL ExTRAcTIoN PERTAINING To THE REGULATION oF GRADING
AND UINERAL EXTRACTION ACTIVITIES.
PubIic Present:
NaF.e Add r ess
16SS TCF Tower, Ilinneapol I s
9395 267 St. West, Lakeville
1850I Panar,a r Prlor Lake
250 FIying Cloud Drive2{0 Flying Cloud Drive
240 Fllting Cloud DEive
conrad: Hot, would we know how this ordinance irrpacts t{oon vallelr?
Krauss: I rotrld defer that to the t oon Valley operatorE. l{etve asked therrrto consider that?
conrad: rtrs hard, therq are aeparate issues pl,anning cor.rrtlssion but :retwe do know that there ls a deflnite impact apparentry eith the ordinanieon-ltoon Valle:, operation but tonight se Literally are looking at anorilinance that governs arr of these activlties tn chanhassen. we arelooking at an ordinance. werre not Looking speclflcarry at t{oon varre!r.As lloon varrey glves us sorte lter,s to con6i-der, ee Fray iant to rtodify iheordinance or take a look at thoae considerallona a tittle blt croser. rtrsa public bearlng, eerrr open lt up for publlc cotr'rrents at thle tltr,e.
l,lichael Du:rer: tlr. Chairr.,an, F,l, nane is lchael Dw:rer. IrF. an attorne!,representing uoon Valle:, Aggregate and it's president, Torr, Zwiers. Ipractice at the law f irr." of !{ackalr, crounae & l,toore in uinneapolis. ourfirrr, has represented ltr. Zwlera and tloon Val1e!, in a nur,ber of actions. Asto uhy rrth on this particurar file, r thlnk ltie also due to the fact that
I'I, o^ the. Planning Cor,rtisslon for the Clty of ltendota Helghts. presurrrablyr know a little blt about rand use laws. t{r. z$lers ls heie this evening -
arong uith his asslstant Jerr!, R:rpke_ na and ur. zwiers and rr. Rypker,a caifill you in on sone of the details ln how ltoon valle!' gravel pt-t'isoperated. r understand that eeveral of you_ folks have taken idvantage of!lr. Zwiersr offer to tour :'ou through the elte. I think { or 5 or 6-of yourtay have done that. VIe are here thls evenlng ln oppositlon to theordinance and we have a nurrber of reasons nhy. Tha first one la, r thinklf we cut through all the serr,antlcs, there li no queation but that thisordinance targeted to ttoon Vallelr. If lrou read the City Council Uinutes,lf you read ttre staff report, thls thing t8 belng generited iust for HoonValle!, alone. l,toon Valle!, is the only ninlng oparation in tf,e Cit!' ofchanhassen. r understand sir your atten,pt to rr,ike a dlstlnction bEtweenreviewing separate ordinances apart frolt Uoon Valle:, but I think that.a an
'1
*(
t{ I ke De}'er
Torn Zwier sJerr:' R:rpker.a
Leon & Delores l,lesenbrink
Dlane Beauchane
Jason E Tara Beck
Paul Krauss presented the staff report.
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Planning Cortur.ission lteet lng
l{arch 7r L99S - Page 7
(
impossible task for you folks. You have to look at this ordinance in liqhtof the t{oon Valle:, operation. So we oppose it on the grounds that ltrs - -
targeting a pre-existing, legal11, existing, non-conf omri t]r. lrlr. Kraussindicatecl that it was a non-conf orr',i ty to a certain degree. l{eII therearenrt an], degrees about it. Itts a legal non-conforF,i tlr recognizeit by
Chanhassen's ordlnances. It ras in existence long before the Cityr of
Chanhassen, lald over the Cit!' it's zoning ordinances and it has the forceof law behind it. Itrs a legitinate operation. This proposal, theproposed ordinance seeks to take awa]' fro&, lloon Valle:' the legal right of
being a non-conforr,ing entit:r. Take it away and not give an:/thing inreturn. That's lnappropriate. Be!'ond not giving anything ln return, it
der,ands corr,pliance by 9oin9 through a perr,lt process that lloon Valle!,esti['ates F,a], cost as rr'ugh as $35rggg.gg. Noi, as ]tr. Krauss said, ue have
rr.et with rePresentatives of the Citlr. The Cit:, told us the:7 had absolutely
no concept as to hoh, r.,uch it would cost to cor,pl:' sith thls perr'lt and rherrse threw out the figure of 35 ne were told, h,ell get a different estlrrate.
Go talk to sorr'eone else to see how r,uch it would corr,pl!, sith. The perr,it
process ls expenslve and I thlnk itrs darn uncertain whether a perrrit would-
ever be granteil to Uoon Valley. That ls inappropriate. Itts just unfair.
tfe further oppose this ordlnance because the City has not presented an],
evldence, and I'rtr not sure lt can, that this ordLnance ls required. Ittsnot necessarlr. It is couched in tern,s of an exercise of the Citvts police -
pohrer but the Clt:r hasn't der'onstrated the necessity to exercise andinterfere rith an existing land use. As Ur. Krauss indlcated, there hadl
been rur."ors and Irm using hls rrord of an expansion on the part of lloonVallelr. That has been since proveil to be absolutel:, srong. lloon Valle!,
has absolutel.y no p1an6 to expanil itrs mining operatlons and never did have
an:, plans to expand it's nlning operatlons by purchaslng ailditlonal land.
There have been no autoltobile truck accidents involving Hoon valLe:, trucks.-
we are unaware of any incidents of citizens or vlsltors or anyone being
endangered by the operations of Uoon Valle1,. As I understand the law,there'6 got to be a need before the City can fler itr8 muacles and tr], to
take awa:, fror, sor,eone or an entltlt sorrething that the Clty has alread:/recognlzed. To the contrarlr, ln terrrrs of the way this operation ls run, Ithink those of you tho have viewed lt would agree that ltr8 being run in a -ver!, responslble and far sighted Franner. Ur. Zrriers has operated the rr,inein such a lr,anner that he ls terracing or stepping the rtinlng operation sothat rhen the deposlts are exhausted, there wllI be terraced area availablefor future hor'es. Particularl:' on the bluff area, I think those of you sho-rere up there nould agree that itis a magniflcant slte up there and the
onl.y reason andl all the reasons l{r. zwiera and [oon val]e], neeil not todestroy that property. He haE a vestd lnterest ln rtaklng aure that thatbeautiful proPert]t rer,ains so. Hie long range plan is to have lt subr,it ltto the City for subdlvision for resldential IotB. To that enal he haspurchaseil landl on the top side off of Pioneer Trail so that access can begainect to the top side oi the area for those resldentlal lots. The topsoil ls being preserved. lherets a huge r.,orrntl of black dlrt there. Thedust and erosion ls under control. lroon Valle!' has worked wlth t{nDbt in
teEtr,s of putting up truck slgns. Has requested to expand the shoulder atthe entrance wlthout r,rrch success. Itrs a responsible operatlon contrar!'to I think the assur,ption that got thls whole ball rolllng that lt r,as anirresponsible operatlon. we further oppose tbie ordinance becauge the Clty-already has an ordinance deallng rrith n,lning operatlons contrar:r to rrhat ls
{
(
represented in the staff report. The existing zonlng ordinance dealinsith r,ineral extraction, and I.rr. readlng from Section 2S-135I to Sectl2S-1384. There is an extensive mlneral extractlon ordinance on the boand it deals with everything. It talks about fenclng and nolse.
Appearance and screening. Hours of operation. Explosives. fugitlveSlopes during excavation. Top soll preservation. Water pollution.Equlprent. Processing. The applicatlon proceas is all set out there.pernit process lE set out. That there would be a publlc hearing for tperr,it. There is a section here on the surety bond. you.ve alieadty gdarn extensive ordlnance that dears slth r,lneial extraction. Nor tlre-dlfference and the principte difference betrreen what 16 on ttte books aCity has indlcatedl to us, and rhat is now belng proposed, ls the newordinance takes away frort the grandfathered stitus 6f uoon Valle:, andthatra the essentlar dlfference. The language ls a littre bit cteaner!'our new ordinance. r thlnk that'ia probabl.y because ur. Knutson draftand I donrt know who drafted thls flrst one. But clearl:' the intent othat nerd ordinance ls to deprive !lr. Zwlers and Hoon Valley of thegrandfathered status. That'!6 not rlght. Tbis is still Arr,Er ica forksyou canrt take ahra:t fror, hirt sor,ething that ls a veAt propertlr rlght.canrt uithout a real strong showing that he and tloon Valley are operatln a dangerous F,anner. Finalllr, t{oon Valle!' opposea thls -ordtinanie beif adopted, under the proposed ordinance it wouta be put out of busine
Planning Corr,r',isslon tteetlng
l{arch 7, L99S - Page 8
I
on
oks
dust.
The
heota
bigs the
in
ed ltf
and
You
ing
cau6e
as.
conrail: l,lichaer there are 4 thlngs you said. rhe coat nag ertensive. youdidnrt 11ke the setback requlrer.ent. rt basicalry constltuteat a taklng ora taking of rights. what else? Ia that lt? Are those the ke!, factor6?lferre realry interested ln speciflcs ln the ordinance that we iee ln frontof !s. The ihpact on lrou and frve only seen, the cost ls one thing'obvlously. The aetbacks ls another. i,m curious rrhat elae?
l{ike Dw-wer: Okay, I can address sor,e other ones. Under the proposedotdinance the Clt:, Engineer would have the sole discretlon to-relulre thatthis entire 85 acres be fenced. r dontt know shat the cost of that would
Aa l{r. Krauss eluded to, there are Eetback reguirerrrents rnd Hoon varre!, hasoperated in such ! rrrlhn€r that itra ln vloration of thoae proposed setiackrequire&ents. so for arr those reasonE ln additlon to the falt that lt,sgoing to cost, lt would cost tloon Vallelr an awful lot of r,onelr to gothrough the perr,it process, ne would re(uest that !,ou folks recor,r,end tothe cit!, council upon findings that theie ls no de;,onatrated needt for a newordinance. That the new ordinance ls undtuly burdensor,e to Hoon varle]r.That the rrr€isuf€s sought are not reasonabl!, necessarlr. That you recor.,r.,endto the Cit:' not to adopt this ordinance. if you folla accept-the
recotrorenda t i on of the planning Dlrector, to have the Citl' a-opt anordlnance that :,ou already have, tre rould ask that lrou c6ntlnue thegrandfather and exer,pt Moon Valle]' fron the provlslons of the newordlnance. Turn over thls section to Hr. Zwiers lf lzou folks have anyparticular questlons as to hos t{oon Valle!, has been 6perated and the iuturescope-of Uoon Va1l.e:rt6 operations and rrhat t{r. Zwlerai plans are ln termsof using that land in the future. rtd just rike to relterate that the bestsecurity that the clty has in terrte of how that operatlon ls going to beused ls the land ltself. Therera absolutel!, no need for a bond oi a letterof credlt to be posted because hera not golng anlzrhere. He rants to liveout that land.
I
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Another one that coF.es to nind! in tern,s of putting |iloon valle!,ness noulil be the requirer,ent that the processing equipn,entstent in uoon valLe!, prl.rtarily of a acreenlng operation, cannot -gg yards of adjacent lanal that ls not dedlcated to r.inlng.be in violation under that provision of this proposed ordinance.f operatlon. I canrt ren,er,ber uniler the old ordinance or thece how that is dictated. I think those hours of operatlon wouLd-Ie. lloon Valley hauls a great deal for the State and local. The:, have their own requireFrents as to uhen, thelr prefer thats be on the road during the evening as opposed to heavy private -se. The prlnciple point though sir ls thls ordinance, iiId put costs, unreasonable costs on an operation that hasore the ordinance did. That.s our concern. ItrE a _ing use. Your ordinancea recognize lt !a ! Doh-conforrring usetre taklng that away. Therers no difference between a non-use that ls regulated and, lt disappears. A non-confoftlng uaeulated. It.s not a non-conforr,ing use. If lrou do have anyf Mr. Zslera, Ird lnvlte you to ask thern. perhaps shile hl doesfl!'spect the ordinance again and point out further. perhapst if I subrtit to !'ou ln rritlng a detall of how this...
Plannlng Corr,rr,i sslon Heetingllarch 7, L99g - Page 9
t{ike Dr-wer:out of busi
shich consi
be withln 5
well , xerd
The hours oner ord inan
be negotiab
governFients
these truck
paasenger u
paased, t ouexisted bef
non-conf orrr,
and now you
conforn l ng
becorr,es reggueetlons othat, Ir l1It'd be bes
Conrad: Thatrd be appropriate. [€tta aee ehere the hearing goee.
lllke Dnyer : Thank 1ou.
Conladt : Thank ]tou. Other corvfirenta?
(be but lt would have to be enorrrous. The ordinance requires that anltslope, existlng slope that has a degree of greater than 1:r.5 be fenced.iour existing ordinance has that and also his an additlonar requirerteni-that this new ordinance doesntt pick up and that ls tbat youtd have tofence anlr pool of rater thatrs deeper than l. L/2 feet. There is arequirer,ent that Uoon valley give to the Cit!' for itrs consideratlon theroutes that the trucks hauling thls product souLd take. presur,abr], justthe roads in the citlr. There.s a regulrement that all the haut roaai bepavett uith asphalt or concrete. That is an addltional erpense. Well, Ihave not gone through the entire ordinance to direct tt toward theparticular operations but we could do that at a later tir,e lf you.d liketo. I can plnpoint. . .
Conrad: I guess I.r, not as concerned and maybe other people are, how theoperation is runnlng today and r,a]rbe weLll hear sone neighbors confiientabout that. I aF' ver:, interesteil ln the specifics elth tbe ordinance. We -have to decide how lt in,pacts you based on hot you tell us itrs impacting
:rou- andl obviously the 390 feet veraua 59, that's a proble&. aut you know,I think we need to hear and obviousllz s or,e of these things cost rr,6ne!, and -ue have to figure out if itrs rorth it on our part but until ne hear the
ProbleFrs, we reall!, don't know. The general things, lt costs a lot.Everything, businesses cost a lot. Thatrs just an absolute. There is a _cost associated with running a business. tfe neeit to know shat those costsare. r{e neeat to know if the:rrIe excessive and ne have to nake sor,e kind ofdecision.
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Plannlng Corto,ission Ueeting
l{arch ?, l99g - Page 10
Leon llesenbrink: l{:' naF,e is Leon Hesenbrink. I llve at 25O Flying CloudtDrive. Right across fror, the l{oon Valley prett!, trruch. I.ve been heresince 1959. In that area. Long before there was the llttle, still a skitor there. Llttle rifle range. Ha and pa gravel plt. Didnrt really
atbount to anything. I didntl tfrinf r,uch of it. about a couple yeari ago Istarted walking around the hlIls across frorq the house taking the kids iorsalks and I couldn't belleve rras f uas seeing. Holes ln the ground 1ike
lrou wouldnrt believe. .well this person, theyrre aaying that the:rrreterracing lt. Right across frorr, my house, lf I take a er,all chita. Hefalls dorn that terrace, thatid be one beck of a fall Itll tell !'ou. Abank ls undercut. If a si'"a1} kldl would go to the slde, they donrt uant toput a fence up. The:' sant the best of b;th thlngg these pe6p1e. The!, santto have an ordinance for everyone else that.s going to start but tbey donrtrant anything, the!, erant thi8 grandlfather to do rhat the:' eant to do here.The:r're wlthin 50 feet of
thetr, kind of r ight to go a
theF, fron, going north, sougrandfather clause? Absolonl!, talking about r',ltse I f
people sithin 80 acres alL
an], other operation that Ipeople wouldn I t? I certaitaklng rights aray. That I
glving these peopte the rlgrandfather clause? I donlong look at what re're dooperation. I have no probcontrols put on it. If it
a sr.all child wouldntt faIIf that'a an expense, likebuslness. Itts an expenaeto put all tlrpes, are lrouthose hlIls because the:, cgrandfather clause? You p
be fair rlth thenr but to b
should do before you decid
Conrad: Thank :rou for lrour corirvrenta. Other opinlons?
Erhart moveil, Batzli seconded to close the publlc hearlng. Al1 voted infavor and the motlon carried. The publlc hearing sas closed.
noger l(nutEon: t!r. Chairrran, roultl you llke rtre to make sotrre corr,rrren t s ?
Conrad: I was thinklng of asklng !'ou and I just rasnt t sure when. tla:rbeItts appropriate right nos Roger.
Roger Knutson: As Ur. Dwyer sald, se had a Eeetlng and we had sor.,edlscussions. We er,phaslzed to tttoon Valle:r that we recognize thelr are anon-conforRing use and ne recognize thelr have the rlght to contlnue ineristence so thereta arguFreht about that, at least there shouldni t be. Wetried to r.ake clear and ue thlnk is correct, that even though thelr are a
this property bere with thls grandlfather gave
nywhere the!, eant to go. What's going to stopth, east anil west to rrithin 25 feet wlth thisutellt nothing the ra:, lt aoundE to nre. werre not
andl sorte of these other people. Wetre talking
around here. In other words, that thelr could,tarts would have to obe:r by these rules but thesen1!, donrt think thatts, yourre talking about6 taklng rights awa:, frorr everyone else. It.sght to go do anythlng they rant rith thlsIt thlnk ao people. I think lrouid better take alng here. These people have a right to run anler.s trlth that. I uould like to aee aorrehas to be fencedl sith a drop that.s just noe 80L and hurt therrtselves, there strould be a fence.
lrou aay, any buslness thereiE expenses tothat those people have to bear but are you golnggolng to tell any young kid 51 6r don,t go u! fn-ould fall down because theee peopLe have aeople have a responslblllty here to everyone. toe falr sith everyone. I thlnk thatrs what lroue anything. Thank yorr.
I
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Plannlng Corrrrt,lssion t{eetlngl{arch 7r L99S - Page 11
Conrad: We probably rill.
Batzll: If lrou ar.endeil the current ordinance to include language thatcurrent existing uses sould have to enter into a perrtit rithin 6 r..onths,uould thelr have to coFre in for a perrr,lt under the current ordinance?
Roger Knutson: rrttr not Eure r underatand your guestlon. under the currentordinance they donrt have to cor,e ln for a perrtit brrt if you aF,ended thezonlng ordlnance right now and eaid you hav- to corrre ln?
Batzli: Yeah.
Roger Knutson: I think you could do that. Ithis in a separate ordinance. tn the gravelthat lrourre actlng under the pollce porrers, gthan specific zoning. Thatis rhlz it ras aetdid that rlth contractor rs yards. Iou requirto coF,e in and get a conditional uae pelrF,it athey uouldn.t get a perrr,it, I t ould tell lroucanrt tell you that :rou rrouldl grant hln one butshould grant hin one because there a non-confom,right to contlnue in exlstence but lrou can attacprotect the publ ic.
Conrad: Tin, uerll start at ]rour end.
Erhart: First Ir11 respond to the Uoon Vallelrra attorne:rrs corrorents andsorr,etirr,es these klnds of cor,r.ents may dieturb r.e so. uGber one la that r -absolutel!, donrt agree that thls le entlrely targeted at uoon valle:, atgl1. r happen to live adjacent to another rtining operatlon ln the tlty orchanhassen anal bave the sarre concerns about that operation as the gentieman-over here had, l{r. }tesenbrlnk, that today ltrs st',all but it certal;l!, rouldgrow to wlthin 5g feet of my propert!, lf se don,t have sorte klnd ofregulations on lt. They were alreadl, out there working on Sunda:rs rer,ovingcray- Next the!'trl be worklng at nlght and r can hear it and it basn.t
th
ord
ene
up
eil
nd
wha
1
rt
e
at
I
h
nk ltrs cleaner havlng
nance to rr,ake lt clearaI police pot era ratherhat way. Eor exar,ple :rouxisting contractor t 8 lrardslthough lt was suggested
n:r recoFarendatlon but I
would certalnly say yroung use and they have areasonable conditlona to
non-conforrring use, you have the right to regul.ate non-conforrring usesvhlch different than putting ther., out of business. obviously if-therirealread:' within 50 feet of a propert!, line, you canrt rtake thlr, stay Lack309 feet or 500 feet or 2gg feet because that,s an irr,poss ibi r.i ty aiathereis a provision in the ordinance that acknowredgel that tha-t says forexlsting,uses, viriations rll.1 be granted as appropilate to recognl-zeshat'6 alread:, there. The idea of the ordinanle il not to putnon-conforr,ing use out of business but to regulate it so lt does not causeprobler,s anil thatrs the purpose of lt. I do;.t 6ee an], taktng issues o.-- -anything else. Itrs strlctl!' a F,atter of fact that I -think se can regulatea non-conf orrr,lng use. There are arr sorts of existing businesses thaf haveto corre into corr,pt lance wlth new rures. Environr,ental rules, uhat haveyou. ractories have to put in acrubbers on their chimneys and do arl sort8of-things the:r didnrt have to do when thel, started but tlrr,es change andrules change and lrou have to cgrr,pry wlth those lures to protect the pubric _good and that's shat eerre asking. Unless :'ou have questions, that.i all Ihave.
Planning Con,rr,ission Heeting
ltarch 7r l99g - Page 12
I
-I
bothered r'e so r'uch ao far but r think itts tlfte to get a handre on thesethings so in addltion to that I also know that tbereia one other Largepropert:r owner close to nhere r live nho is arso consldering and has beentalked to b], solt ebod:, thatr6 interested in nlnlng cla!, off his property. SoI take excePtion to !'our contention that thls ordinance is direitedspecifically at lloon Valle:r. Tno, :7our stater,ent that ee cannot regulatethese thlngs I believe is urong in that r think se have not on1!, th6 rightbut the obligation to protect the health and safet]r of the people and tiepropert!, owners of chanhassen. Desplte whether or not that you consideryourself grandfathered in or not. r tbink thatra sinply rhaE rerre tryingto do here and that's our concern ultb this ordinance. r agree wtth tie -
other corutents here !ha! tn- the first p!.ace r donrt knou rhit you rrreant b!,tlre $ss,ggg.gg. lf tlat's the perrtit and if the legal cost is -ttrat trigtr oirhatever it ls but like any business in this cityr- incrudlng rtine, th6retsa cost of operation and when r see that, certalnly your annual revenuesexceed sggg,ggg.gg since thatts the slze of the conEract with Eden prairie,
$35rggg.gg rtight be, seeEs to be r,inirtar so r guess lt doesnrt rearly swaSrF.e one rf,a:, or the other. Last, or at least fourth, to sa:, that yourie noiinterested in expanding the operation, well r thini your ictlons, noi ,iongactions but I think :rour statetrent is totall:r incorrEct because lrou'vealread:, expanded operation eo fror, shat you were when lrou Just b6u9ht thepropert:/ and now yourr.e rr,lning cray up by pioneer trair. i expect-that theother n,ining operatlon. to rr{z test, the:rrre going to expand and we rrrlghthave eote others startlng. And 1a6t, .]rour cor,rv,;nt about no accldent6 sofar. That doesntt tr,ean there wonit be any accidents in the future and ao rpersonalLy- think your corr'Frents were lnapproprlate for irhat werre trying toget accor,plished here tonlght and that ls to rrlte a good ordinance-thitprotects the safet:' and the health of the cltizens of chanhassen and reirenot tr]ring to put ltoon Valle!, out of buslness at all here. f guess I donrthave to rePeat irhat Roger aa:/s there but, so with that, I gueas I.n notsure $erre prepared to rrrove, terr rir, sure some of us are preparedl to talkabout the orilinance bnt I think Uoon Valley ought to get the speclflcs anitif the:, rrant to draft a docur,ent that lterr,lzes nhat tf,ings that botherther,, rre can do that. But !n!'rra!r, just proceed l,lth the-ordinance. Sorrrr go rrlth that. Just a coupre things r have here. Help R,e understandBrianrs question ln that hon ls tt thai this ordlnance is iolng to requiieMoon vallelr to col..e into corrrprlance rhere they havenr t in on the old one?Can you bel.p me there paul?
xrauss: well a couple thlngs. The atandards here are dlfferent and rreberieve a llttle rr,ore cor,prehensive than. the ones we had but r think thekey section is, and Roger correct tr,e lf Irrtr wrong but iB on page 2, 7-32that sa:rs that rtinlng and excavation operationg that predtate t;lB ;hapterthat do not have a perr,lt shalr obtain a perr,lt wtthin 6 r,onths after the
9?!. o-f .adoption. That rea1l!' iE the key as to rhether or not you couldlift thls section out and overlay lt onto the exiatlng atltute. r.d deferthat to Roger.
Erhart: Thatrs fundaRentall:r the lsaue. One of the issues here is whetherue can force therr' to do that or not.
Roger Knutsoni l{hen r was draftlng lt, r aat and scractcheat r,y head a gooddear trying to figure out what r{as the best place to put this. whether in
Planning Co.,rt isslon tleetlng
llarch 7, l99S - Page 13
an excavation antl gravel ordinance or rhether to put it Just strlctly inthe zoning ordinance. - f divlded it up the rray I did because I thlnk lroubave a bit more authorit:' to-do this. I think you could do lt elther-uaybut I think it's more authorit!, to do lt as a aeparate perrr.itting proces-s
undler lrour police powers than under 162 of the zoning statute. I think you-could argue it either wa:, as to nhlch way is the best wa:, to do it. Canyou requlre a non-conf orrr,ing use to get a perrtit and be eubr,it to newregulatlons? I believe !,ou can.
Erharts After restoration, are se definlng, I didn.t aee here. Dld I rtissit. IIeire definlng the al.opes after restoration?
Krauss: No sir. We didnrt apecificall!, wtlat slopes serd be looklng forafter reatoration. What weid be looking is when so&ebod:, car,e in for a
perrr,l t, to give ua a restoration plan that rrrade soF,e sense. I rrean naybegive us a concept developrrent plan to show that lt can, the resultingterrainrs going to be useful for what theyrre proposing. In the case of
Hoon valle]r, gerre not qulte sure rhat the use would be becauEe that area.aall agricultural right not so apart fror, 10 acre zoning, thatrs the onlything that souldl be allorredl in there.
ng that in the case of Uoon Val.le:, or in that area or -as, I think what you're golng to have a lot of, ls afterwards and even lf they put black dlrt back on toptever, ltrs not going to look. I thlnk it couldl
t s not going to look natural . I think you couldl havening. I donit knos lf ltrs practlcal to control thathe concerns I had is how do you, when ]rou get lt allo the aurroundlng areas? The other one ls, Irvealloired !'our poasibility of when yorr remove rr,lnerals
onvereted to a retland if that was part of the plan up
f ront. Is that rr,!r understanillng eaul?
f,rauss: Yes slr. We nould want to have a ccrr'plete and coF,prehenalve
drainage p1an. The rehabilitation plan would shos the finished grade. Theexisting features, werd want to have a pre6ervation plan.
Erhart: Do :'ou 3ee that Potentlalllt is that lrou could design lnessentlall!, a retland or soF,ething ln the end?
Xrauss! Sure. A 1ot of restored gravel quarrles have rater arrenltles ln
ther. sir.ple because they rind up belng blg potholes.
Erhart! The other thing, on !'our conalition 5 on page 9 there. You atatethat no part of the rebabllitation area which ls planned for uses otherthan open space, ag, shall be at an elevation lower than the rt lnlmurr,required for connectlon to sanitar:7 or atortr. seuer. Doea that rr,ean gravity
flos?
Xrausss Thatrs true. Iou can purrrp anything. We should r.,ake lt clear thatwe're looking for gravit:, florr.
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Erhart: I was thinki
sonr€ of the other arelot of ateep slopes a
antl reseed it and wha
easil:' haPPen that lt
sotr'e 1: I slopes rer,a ibut that was one of t
dlone, r',ake it flt intnoticed that vou havels that lt corrld be c
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Planning Corr,r,ission ileeting
l{arch ?, L99S - Page 14
Erhart! The question f hail , is that even, should that even be arequirer'ent? What happens lf it ras requlred that lt had to haveflow even-before they startedl to hook into a seeer? you n ight bea constraint that the!' didnit 6tart with.
gravi ty
lrtpar ting
Krauss: Thatrs true. I guess the thing !rou.re avoidlng is a situationrhere you have a crater with horr,es at the bottor, of the crater analeverl'thing has to get pur.ped up the hill.
Erhatt: I !rr, just asking lrou to look at the aentence there.
f,rauss: We can take a further look at tbat.
I knor Steve I sIrll Just pass lt
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Erhart: It rna!, be a llttle blt too constralnlng. Anywa:r,got a whole list of tbings so, regarding the ordinance soto hiF and if I. ve got sorre rr,ore.
Eto,lngs: r guess rrr. cornfortable that the ctty can enact an ordinance toregulate a deal with this subject generall,y foi the Cltl' but lrve got softereal serious concerns as to exactry how ttrls ordinance irlnds up beingapplieit to Moon Valle]r. Although it's been sald several tirtes-here Lhatarl businesses have costs and obviously that.s true. rtrs one thing tobave a business, to pran your buslness and plan tbose coats ln and Eecidelf you're going to go forward as opposed to having your business up andrunning on sotr,e kind of profit r,argin and then traiiig regulatlons i.fo-eaon !,ou that nay threaten your exlstence so r think thereis a dlffereicethere. Whlle the staff report sa]'s itrs not punitlve. I can aure see tbatlf r were the operator and it were true tbat these netf regulattons would lnfact co6t r..e Frore than_ r'.:, prof lt r,argln. r rd sure vlew tf,err, as punitive.But- Iike I say, I think we can and should regulate thls activlty-. We oulhtto have a good ordinance in place for these kinds of activitlegi rive g6ta solutlon in r,ind rralrbe so we can r,aybe accor,rtodate everybod!, I wouldhope- rtm curious aE to shether or not the operation of ihls-gravel plthas generated cor.,pJ.alnts to the Citlr?
xrauss: cor,r,issioner, r'd have to aalr yea lt has. But the apprlcant or}{r. Ztriers, the frrture applicant possibllz, has asked us repealldl!, to tellblm how r,any cor',plalnts werve gotten and- thatrs tough becairse you-knowthere uere individuals there rho uere r.aklng a lot of phone ca-lls and regot a lot of phone calls fror. other agencles.
Etrrr,ings: I don't care so triuch about the nurtbers as thepeople corplained about?
type. What have
Olsen: About the expansion recently. Hor far it.e golng to be golng...
h'tr'ingB: Now if we Fove back ln tlr,e to rhen alr of ttlls activlty Btarted,the conpraints about the expanslon. Ifhat klnd of complalnta uere wegettlng prlor to th.t tltr.e?
Olsen: I donrt recall an!'.
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Planning Cor,r',ission Heeting
March 7r l99S - Page 15
F,r.ings: So I think that shall should be changed to r,a:r. Andt then
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a). Instead of sa:ring it rtay bed be changed to processed
donrt want anybody thinking lrou onll,the Poser to den:, as well but I thlnk
folloring up on that point, in 7-34(
approved, I think the approved shoul
ou
ve
Pref
d
adr',instrativellz agaln just for, !rhave the polrer to approve. You haif you sa:, you have the power to
as oPen as Possible. under the d
word gratle and lrou alread:t have a
ocess theri, that keeps aII lrour optionginition section, 7-3I. It defines theefinition ln the Code of the word grade
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as a noun and here ltrs being useil as verb and I thlnk thatts realconfusing. Or here ltrs belng used as a verb or a noun but an:rHa:r, thedefinltlon rre alreadlt have in the Code is different than the one thatrs
here andl I thlnk ttrat soEdl should be changed to gradlng.
Batzli: Is the deflnition ln the Chapter 20t ZonLng section?
Errarings: ieah.
Batzli: So ltts in a dlfferent section.
itrs ln 20-1r Deflnitlons.Eno,lngs: Yeah,
Batzli: Andl this is going to be Chapter 7. So itrs going to be ln adlfferent chapter.
Er,rr,ing s: But I think nevertheleas, I thlnk lt should 8a!, gradting because
the ordinance ls called excavations, r.lnlng and grading so shat retredefining as grading, not the word grade and the sar,e slth rr,lne. The nert
one tloern. It should be rt"ining.
Batzll: Excavatlng?
Er'r'inga 3 No, because look at the tltle. Just to keep lt conslstent withuhat the narne of the ordlnance ls. Now grading, would this ordlinance covera situation where eor,eone is haullng in dirt or so&e other r,aterial intotheir propert:' and just laying lt on toP of the ground? Because that.d be
changing the contour so that would be grailing? Do lrou think people thinkof that as grail ing?(
h,r,ings: So se uerenrt getting cor,plaints about an!'thing? Okay. I havespecific things on language ln the ordinance. Do :rou want tr,e to 9o through-that?
Conrad: Yeah, I think so.
Et'r,ings: Oka!'. I think in Section 7-30 shere it says, it rould be the6lxth line dorn, lt says cublc yards of rtaterlal. It sa:'s shall beprocessed.adrtrinstrativel]r. In Section 7-35(a) it says the!, rr,a], be. Hereit says they shall be and I thlnk it should be one ra:, or the other in bothplaces anal I think lt should be rr,ay becauae I thlnk the staff ttlay elect notto process 1t atlrt lnstratively.
xrauss: I vould agree sith that, !,es.
Planning Cor',r,ission lteeting
l{arch 7, l99g - Page 16
Krauss: t{e could add filling. . Shou1d se add ftlling?
Ennings: I dontt know. Itra Just sonethlng that occurred to me rhen Ireadt, gradllng to r.e n.eans kind of shoving around dlrt on the saF,e slte andr dontt know. r.donrt know If that lnclides haullng ln dirt frorr, off siteand then-shovlng lt around and rhettrer yourd rant to expand that definition
99 rafe it perfectl!' clear that uerre talking about or ierr,ovlng soll frorttlre site or addlng soll to the site or pushlng dirt around on fhe s"*" sitertight rtake it clearer what serre tarking about there. r donrt know. under7-33, Exer.ptions fror, perr,it Requlrements. f gas ronaterlng why rerreexerpting (a) and (b). Irrt sonderl.ng, are re doing that b6cauie thatreally is looked at as part of the building permlt proceas?
trrauss: That. s correct.
Er,rr,ings: okay. under application for permlt under 7-34(b). under nurrber9lt says that there has to be a randscape plan and r rtr, wonderlng what, rglgs:. r sas thinking it didnrt r,ake nuch Eenae to tr,e but r guess r was on1!,thlnking about lt in terF,s- of llke an operation rlke ttoon villey. e r,inlnioperation as opposedl to, thls mlght cover a lot of other clrcur,stancesrhere you youLd sant a landscape plan so that would be right?
Xrauss: Arguably yourd also rant one slth the lloon Valle:, tlrpe ofoperation. we get lnto buffe!lng and screenlng rater in -the-ordinance.
Thatrs uhere that inforr,atlon rill be provlded.
Et'nings: Alright. That sectlon r would add a 15. onder 13 therera an(f) that sa:'s other information requlred by the clty. r thlnk that oughtto be just tr,oved out to nw.ber 15r ttre whore ligt. so if therers an1' [ir,dof slte speclfic or other lnforrtation that raa needed that could be -
reguired under this section then. on page 5 at the top under the paragraphthat starts-rrith a (b) there, the third llne dosn. It salrs, again-r,,ay-be'approved and r wortrd change approved-to procesaed adtnini strat tiery agiin.Tben in that aar,e paragraph, sixth line down lt eludes to a subiH;ision10-15{ and I think thatrs a atrrnger to our ordinance. I thlnk :rou mean7-3{ (b) but I don't knorr. Then in (c) there, I.n not sure, lt siysir,pler'"entation of the over.ll plan.
Batzli! Did lrou tr!, to rerrite that?
Etrr,lngs: well, first r tried to understand lt and r donrt knor. rt Ba:rslr,prer,entat lon of the overall pran. r thlnk what serre talklng about tirerels the operatorta overall plan. rs that rlght? r raant t aure what overalrplan !.eant there.
Xrauss: I think thatta a reasonable rr,odiflcatlon.
Erdr.lngs s . r thought r'.aybe lt ought to say compllance rlth perr',lt approvalor soF,ethlng like that, shal} be by r,eans of a renesar annirar perr.,ll. Thatdoesnrt nake me entlrely l!app:, but eomethlng. I thought maybe that gottiore at t,hat lrou were trlzlng to 3a:r.
I
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Planning Corr,r.ission ueeting
uarch 7, 1990 - Page 17
Batzli: Can I give hirr, r,:, shot while heis on thire. Any approveil perrr,ltsball be valid for a period of 1 calendar lrear and rtay be renewed for anatlditional I year period upon renewal in accordance wjth this section.
Etrtings: Sure. I tbink thatrs better. Then I thought the last half ofthat paragraph uhere it talked about the Cit!' Engineer belng able toprocess this. Either ought to be under Sectlon 7-37 where it talks about
renewals or at least there ought to be a reference In 7-37 (a) at the entl
back to that paragraph where lt talks about hor the Cit:' Engineer does it.
One ra]t or the other. Otherrise !'ou took under the heading for renewal antt-
ltou donrt f indl the procedure there. Under terrtLnation of perrtrlt 7-36, ln(a) it talks about materlal extraction perrT.it. What uerre talking about
here is r,lning, extraction andl grading so thls one seems to be srltten too -narrow to r.e. we should change that. It should be as broad as the
ordinance itself is. ln 7-42, vertical was rr,isspelled. Then shen I got
over to 7-{3(5) it says the perir,eter of the slte shall be planteal
coniferous trees or otherwise screened. Again, it was hard to stop
thinking about Hoon valle:' through a lot of these things. That would be
nuts up there to rre. to require a aite that size to be planted in
coniferous trees around it when it sits up ln a place rrhere lrou canrt seeIt kind of an:4ray. I hope serre 9oin9 to be reasonable rhen we apply thlsstuff. Then I thought r,a:rbe, Irve got two thlngs Ird like to throw out aspossible additions to the ordlnance. One, it seer.ed to tTe that if a persorl
didnrt do the rehab in conforr,ance with thelr rehabiLitatlon plan. I'11
read the paragraph I wrote here. If rehab ls not corrrpleted ln conforr,anceuith the rehab plan, rehab standards or perr,lt conditions eithln 30 days ofrritten notice of violations b!' the Cit;, to the perF,it trolder, then the
City n,ay enter the propert:' and corr'plete rehabllitation. I thought there
ought to be sone provision so that lf the:r ealked away f r o[r, the sitel you
can have the Cit:' give a notice for therr of the specific violations that
there have been and then let the Cit:, go ln and do that so that lt does getdone. And then I thought the rEitten notlce of violatlon shall contaln alist of speclfic violations and the Cit!' !y,ay enter onllt to rerrred!, thosevlolations speclficall], included in rriting. lf the Cit:, rr,ust corr,pleterehabilltation, it rt a:' recouP lt's cost by one, resort to an]t financialaecurity posted by the perrr,it holder. Tro, collection proceedlngs against
the perF.it holder. And three, assessrnent of cost against the property -describetl in the perrr,it. I thought that rrould give us a real potent tool.for rtaking Eure that these properties get rehabilitatedl becauEe to rtethatis the rrost ir,portant part. Or one of tbe F.oBt ltrrportant aspects of
the shole thing. I also thought that, or throu out for consideratlon aprovision that lf the landowner la a person other than the perrtit holder,tbat we get lanaloerners to join in the perr.it appllcation anal also sign a
staterr,ent that the landowner .nd hls auccessors ln interest be bound b:, the-
Irerr,it condltlons and grant the Cit:, the rlght to enter the propert!, at an!,tlr,e to check for penr,it cotr.pliance or to cor,plete rehabllitatlon. Thatra], avoiding an!' problems later on of the City trespasslng. You can give
the Perr'it holder, I was thlnking then after I did that that r'a:rbe ge aLso
ought to give, lf thererE a notlce of vlolatlons under that other sectlon,it ought to go to both the land owner and the perrtlt holder lf theyrredifferent people. What happens to our present Section 20 that deals ulth
rr,inetal extractlon if we pass thls orctlnance?
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Planning Cor,rt ission Heeting
l{arch 7, 199S - Page 18
Krauss: we rrould have to drop it. There ehould be a concurrent.
Etr..ings: Shoul.dntt that be part of thls that that would be revoked orrepealled or rhatever ltts calledl technicalllr? Now as far as, if re assur.ethat thl6 operation ls grandfathered ln or beco&es a non-conforming use,shlch I guess is the aaF.e thing, is that the sarre thing Roger? To sayaorr'ethlng ls grandfathered in, is that the saee ttrlng is sirupll' calli-ng ita non-conforr,ing use under the orillnance?
Roger Knutson: Yes. fo just polnt out, taklng care of the existingChapter 2O, ve do that. If !'ou look on page 9 of the draft ordinanie.Section 7-46 l2') there. Chapter 2S of the Chanhassen Cit], Code ls ar,endedby ar',ending Articte xxvrr ln itrE entlrety to read:, so -re,ve taken care ofthat.
Bt,tr.ings: In lt I s entlrety to read: and then ehat?
Roger Knutsons Turn to the next page.
Err,r,ings: Oh, alrlght.
Roger xnutson: so everything in that chapter right nor will be elirtinatedand replaced with that.
Etttings: Oka]r. So thatta alread:, taken care Of. you know youtre notsupposeil to be able to expanit a non-confornlng use. Is that rlgha?
Roger Knutson: Yes but. The suprenre court recognlzed that certain t:rlre6of uses such as_ a gravel rr,ine cannot continue to erist unreas the hori getsblgger so the:, have said that even though non-conforning uses cannotexpandt, call it an exceptlon or this le not expanding. -fhls iecontinuation of the business so they have the itght [o continue to make thehole bigger.
Etr,ing s ' Ok a:r.And uhat lir,its that rlght?
Roger Knutaon: Of making the hole b199er?
Etur,ings: Yeah. Nor thelrrre up to uithln 50 feet of the propert!, llne atleaet in one polnt that wetve hearit dlgcuased here tontghl and t-guess,the:' canrt go ao croae to that property line that the ntxt fellowie landcollapsea or sor,ething llke tbat. Thelrtve got to leave support there forbls propert:, but ls that all that realllr reitrlcts there?
Roger Xnutson: Currently ln Chanhasaen?
Etrt ings: leah .
Roger Knut8on: Yes. we have no regulatlon of the non-conforr,lng use otherthan nuisance shich is klnd of not a verlr great lnstrur,ent for hindtlingthese sorts of things but tbe!, can creati iubllc nufsances.- Depentting-onvhat the:t were dolng, that could corte lnto play.
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Planning Corr,n ission l{eeting
l{arch 7, L99S - Page 19
E.dr.ings: I sent out to the 6lte anil sas shown around and Mr. Zwiers tol.d
tr,e irhat bis plans are for the property and so forth. As te were sup b]t the offlce area, I asked him rrhat was underneath rr,y feet anilr'Ore cla:, and tt'ore sand. I asked hir', why he didn't plan to rerroveever:'thing right donn to the road level and he said that he just fProp;rt:' had rr,ore value if he didn.t do that. He shoired r.,e ihat h
tand i ng
he said
elt thee had thetop soil segregated and set asiale on one part of the propert!' and hedescribed to r,e t hat his ul.tlrr,ate ptan rras, at least at thls point ln tir,efor co&Pletely the rtining of the propert:, anal hopefulll, F,a:,be building
houses up there someday. f guess I feel prett:, strongly ttrat, while Ithink the ordinance is flne and reasonable, I nouldntt be happ], if thtsordinance operated on his propert], to put h ltr, out of buslness rhich Itve
beardl stated is not our intention. There seenrs to be a lot of }atitudeundet the ordinance ln the sa:r the provlsion and so forth for taking lnto
account rhat hers got. The fact that he nas there before we had anorillnance but if sorqeone w
could do hir. I suspect a Ioperation. I think that h
hirr, having fences up where
children got up there or s
read in the paper on an al
dangers there that need to
the entire slte screened o
exaFple of one if people g
be addressed but when I see things like havingr trees put around it, thatr s I think a goodlot too literal rlth the orttinance, noutd be
real literal sith the ordinance, it -n terrr,s of the way it affects his
11 for soEre of these thlngs auch ay steep slopes that could cave ine that. Those kinds of stories yo
he obligatlons under here that lfblems. There r,a:t be eorr,e things lnteep slopes that he rtight not uant to
a:tbe could be compror,laed. Or rr,a:rbe -sant hlltl to do. But lt aeerra to methlngs are to everybodly llke the!,s eafe. That itrs not causing a -a rehabllltatlon p1an. An ultlr.atee got to sa]r.
anted toot of haraving, I'
there I s
or,eth l ng
stf
u
aI
get
rr, i
ttr a
vefrikI too frequent basls. I think therer s sorne re
devastating to his business and kind of sllllr besldes. M:' proposal, and Idonrt knor. if lt sould be, I Just donrt know if lt can be done but lt rould-
Eeerr to tr.e that there are provisions ln here such as, llr. ZsierE uhen hetalked to r'e told n.e he had very specific notions about how the propert],
ras going to look when he nas done. He stood there and sald, thls level ra -going to sta:, wbere it is. I rrt going to take out these areas. I rr, goingto have another level up here. Iir, going to do this wlth these slopes .ndhe told ne, he seeF,s to have a very speciflc plan and I guess if that plan,
n,a!'be the tay to hanille this, or one wa:, of handling thls probably of this -exlsting entit:/ under our orilinance would be to reduce that to rriting.
Get hil, to put doen $hat lt ls that heis got ln r,ind for the property rlght
nou and considering our ordlnance, making sure that he has a rehabilltatlon-plan. He told rrle he does and he described that it was and put that down atthis point In tln,e and just F,ake an agreeF,ent sith !tr. Zwlers that he.agoing to ultlrr'ate1:/ have the site in such anal such a condltlon. lfhen asthe. . .F.altbe rel ieve him f r or, sorr,e
enforced literalIy rould cauEe birtthe r,iddle llke putting up fences
do that ee r,lght want hirr, to do th
there are things that werll just p
those arenrt the blg things if theare to r,e, r,aking sure that the sl
nuisance to nelghbors and that theplan for the propert:'. Thatra all
oft
Proons
at rtr
1a in
bigtel
re r I
I'v
Conrad: Thatra the longeat youive ever talked.
h,rt ings: Sorr:r.
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Planning Cor',rt ission Heeting
l{arch 7, ]-99S - Page 2g
Batzli: I agree hrith Steve. I was out there with Jim and IIII adFrit I gotthe sar.e tour, or close facslr'lle and he explained to me what he ras golngto do. I donrt have a problenr hrlth what hers going to do. I,d like io seehir, be able to reach an agreement sith the city that allows hfu'" to do thatprovided that fits in nith the planning staff and our view of things whenitrs kind of reduced to rrrlting but I think hets got a good plan f6r rhathe sants to do orrt there. I think sorrre safety things do have to beaddressed. If it was a rainy seaaon and there eas actualllr sater in sor,,eof hls sutips, r.aybe fencing around that. Around sorte of tLe steep slopes.I agree that the safety considleratlons and nulsance thlngs need to be -
handled and should be regrrlated brrt I donit have a problem wlth beingfrexible ln_regards to a lot of the things that r see ln thls particilarordinance given the fact tbat obviousry ior instance on the setbacks andthings, hers alreadY exceeded those and prlor to his expanslon if you wlll,It doesnrt appear that there t,ere any cor.plalnts. so r rike steveis ldealf therers sor,e wa:' to do that. I also liked his additions to theordinance and I had some things throughorrt the ordinance too that Irll talkabout but I'rt ln general agreerrent.
Conrad: Do :rou nant to talk about the changes?
Batzl i : I don I t knos. Do lrou want rr.e to talk about then norr? The onething r wouLd rlke to see added is the fencing arounat the uater. t,d liketo see that back in thele. The other thlng ls, the one thlng that bothereGtr,e throughout and sor',e of the other things are less irtportani is thedefinition of the word earth. To change the contour oi th. earttr. r don.tunderstanil if itrs being usedl as a planet or, the regal definition of earthis soil, alone ls dlstinquiahed f r orr, soll rock. r rr.ein thatra the regaldefinition of earth. so r don't know quite how ltrs being used and if it,e! proper noun, Ietrs capitallze it or what are rre dolng here. Thatbothered rtre. rrF, not an rngllsh professor ao can re get herp on that one?The only other rilnor one is ln Z-3S. It should be lrigg cubic yards ofrnaterial or nore or else ltourre Etuck at Ir000 cublc yards. you don,t knowshat to do. Take out the word rr,ore than right before-the second use of1r090 cubic yards. U!, proposal for l,loon VaIIe], actually before hearingstevers was going to be that they wouldl be alrowed to phase in gorte of-these things over a period of tirv,e so the!' could take ther, intoconslderation nhen bidding on future jobs and so lrou dontt nall ther, al1 atonce with the cost that is a brrrden to ther,. At least the:, knou ltrs golngto hit over s orr'e perlod of tlr,e rather than boor., ltr s paaied. 6 rtontf,s
f r ort now you have to have - all this irrplerrented or af, leaat be the perr.,lt lnprocess because actually lt says I guess, shall obtain a perr,lt and that,sguestionable whether they could actually do that in G rtonlhs glven thatIt's_ kind at our optlon hon qulckly we proceed. One laat thlng. That lBon the 5g cublc ltards, how did we arrive at that nurr.ber? I mein thatisbasically 5 dur'.,p trucks of black dlrt on sortebodyte larn lf the1,'re golngto correate, put soF'e black dlrt on there.
Wllderrtruth: Probabl!, a llttle low.
xrauss: A little low like werre regurating too Fruch? rt courd be raised.rt car,e fron, experlence ln working Hith sir'ilar ordinances elserhere. 5truckloads of dirt is probably enough for son,ebod:, to get black dirt down
Planning Corr,rt,l ssion !.teeting
llarch 7, l99S - Page 2I
to aod a larrn which is fine. Nobod!' cares about that. When lrou go overthat, you tendl to have the abll.lty to lrtrpact drainage anil t etlanals andyourre starting to get into the aEea that weid like to look at. If !'orruantedl it raised to l$g }'ards or aor.e other nutber, we wouldnrt have a
Proble& rith that necessarily but thatrs basically where it's derived fror,._
Batz1i: Wasnrt one of the excl.usions ln the prevlous ordinance residentiallots though?
f,rausE: Relative to buildting peuv,its. With the buililing perrv,it.
Batzll: With the building perrr,it? Okay.
f,rauss: And thatrs still an exerrption. I had a couple of other &inor
things that Ir11 just shol, to Paul later.
Iildern,uth: As far as l,loon Val}e:t is concerned, f'd like to see sortre kind
of a developr,ent Plan arrlveil at between the Cit:' and cit:t staff and the
r,lne owner so that he could obtain a perrr,it and probabl:/ would not have to -reet requiretrrents on the nei, proposed ordinance. I thlnk ttle ordinance iaa tight one. I think to soFre degree werre sending the rnessage out that wedonrt want nining operations in Chanhassen. Which brings up
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noger, one of
aeeF,s to be k
grading of ni
beteeen the t
the things that does bother F,e a llttle blt lslnd of a rr,ingling of the idea of excavatlon, fllnerals. I guess Ird like to see a little cleare
anotber polnt. _that thereIing andr di stinctlon(uo. I think the:, can be corr,bined ln one ordllnance but we talk-
about, flrst we talk about landscape plans and then rre talk about labeling
trees and under the same headlng we also talk about rehabilitation plans
andl distances for processing equipr',ent fror,, sor.,ewhere it eaid 1,500 feet. -11500 feet fron the boundary of the aaljoinlng Propert:' andt that brings up
another point. I think rrerve got to look at specific kindls of processlngoperations. A washing operatlon, 500 yards would be qu j.te a distance for arishlng operatlon. ror Lxar.,ple, in th- tloon valle!, operatlon lrou couldn. t -
go 5gg yarils alnost in any alirection except r'a:'be the rrest.
Roger Knutson: Just to point out. Youire lookingquite frankly the first draft uhlch ras produced 3is dated, didnrt address filling at all and PauI athat filling should be addressed and we did, kind
soðing in here on filling. I agree rith !'ou it
Conrad: Should ne be?
tsilderr.uth: I don't think so rrnless
exPerts donit. Unless werre sittlng
at
da
nd
of
ca
the second draft and
:rs before this draftI talked and ue agreedqulck and gotn uae.
Xildernuth: A separate dlstlnctlon betseen rnlnlng the gradlng, fitllng andexcavation. The other interesting thing tbat Ird like to point out is that-
rherever rr,lneral extraction ls used, I thlnk we should replace thatterr.rinology rrith r,ining. Extractioh rrr€ahs separating ltretals f rom thelr
ores anil werre not talking about that here. Weire talking about mlnlngcla1r, gravel, sand. Werre not really talklng about tr.lneral extraction ln anining sense of the terr..
sor,ebody knows sor"ething that the
on a lot of lron ore or copper or
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Planning Corroiission Heeting
llarch 7, L99S - Page 22
Ahrens: Well I r'ay have a slightl!' different opinion becarrse I didnrt getto go in the offlce Jirn. I got a dlfferent tour. I hail to go outside.
Iilderr,uth: Hor man:, rtines have you been in?
Ahrens3 A 1ot. All the Eden Prairie ones. I agree rlth sorr,e of rr,y fellowcor'Fissioners here and I have a couple coFrr,ents to rr,ake on soFre of theircor'rr,ents. Eirst of all. I agree with Roger in that I think there are a lotof ordinances atlopted by cities and states that affect existing businessesand that lots of tln,es reguire those buslnesses to con,ply nlth varioushealth and safet:, and envlronFental lais and ordinances that cities r,a:tthink are necessar], for the publlc safetlt and interest of the cotrrr'unities.I thlnk rre have to, I think thatrs just sonethlng we live wlth in a modern
age anil we never know rhen there rray be sorr,ethlng nei, thatte required toprotect the public. I think that this ordinance does address severalpublic health and safety lssues. When I sent on a tour of this Elte Inoticed tbat there were, rlr. Zwiersi pointed out a deer, I don.t hunt deerao I dontt know the technical terrr. for it but...
Batzli: A tree stand?
Ahrenss A tree stand, lteah. There are people who are not worklng there
who are walking around on the propertlr. I dontt knos lf thelrrre kids oradults or whoever thelt are but the], are walking around on the propertlt. Ithlnk that it rr,ay be infeasible to fence the entire propert:' but I thinkthat sorr,e fencing has to be done. Irttr a little confused about, weive beentalking about tbe expanslon of Hoon Valle:, thatts when the complaintsstarted and lrrr, not sure if that r,eans the expansion of the tr.lningoperation or the excavation of the cla:, over by Ploneer Trail.
Krauss: Corr,r,l ssi oners Atrrens, that'a a good question anal there areactuall:r teJo separate issues. There rere ruF,ors in the neighborhood andserve never substantiated theF, and spoke to H!. Zsiers about it, that anadditional parcel was going to be acquiredl. One that trould have broughtthe Moon Valley operation closer to residential hor.,es in the area. we
found no indication that that was accurate but that sas the ruF,or that rrasgoing around. Now lt rr,ay affect, !lr. Zwlers indicated that it uas aconsideration, I'II let h irr, explain that but there iras EoFre consideratlonto that but itrs not activel!, being considered norr. As to the one up on
I
EoF,ething like that. Silver. cold. I think that the ordinance in general '
is appropriate for future operations. I think it gives us a goodl handle
andl good control of future operations in Chanhassen and I ttiink thatrs whatse want and thatrs what t,e need. I agree wlth what has been said aborrt
lloon Valle:'. : rras very ir,pressed by the mine site. Irve been in a fewrtine sites. This is ver:t orderllt. Ver:, neat. The F,an does have a plan
anil his ultir,ate goal is to develop the propertlr. The equigrrent that I sawt,as prett]' ittpressive. The office lJas first rate. I donrt think therer san:rthing shabb]' about this operatlon. I.tr, sure that se can corre to soIteunderstanding recognlzing that the grandfather atatus and so on, we can
conre to sorT,e agreerr,ent, some understandling, aoFre basls on which a perrr,i tcan be granted for the l.loon Valle:, operation but I do like the strength ofthe orclinance for any ne$ operations. Any freah operations.
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Planning Cortnission r,teeting
uarch ?, L99g - Page 23
Ahrens: Is the excavation of cJ.ay, is that allgravel nining?
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llike Dwyer: The revel top, Pioneer Trail side has been r,inedt at differenttirtes. other than, the uoon valley operation has minett in phases. rt hasnrlned the top side.
Ahrens: The area where the farning area was?
Torrr Zwiers: On the bottor, side. we trrined on that, llkeabout that sar',e parcel and we shaved down the front...theyrre talkinq
Ahrens: r wasnrt talking about that area. r uas tarking about shere theclay is being rer.oved right now. That hasn,t been r,ined-up there?
llike Dwyer: Other than the excavation yourve seen.
part of the sartre use as the
Ton ziriers: We rrrine with bIades...a1I
than gold.t*)es of rnaterials out of it other
wi lderrtruth: would an!, futrrre activity on the top portion off pioneer Trailrequire a aeparate perrr,it or rrourd the whole par-eI be under one perrr,it?
Krauss3 r guess ideal.ry the whole parcer wourd be under one perr.it thatrould all be controlled in sor,e aort of cor,prehenslve rranner.
Ahrens: Now if this ordinance is adopteil anil tlr. Zwlersr operation isgrandfathered in, does that r,ean if he ever changes hls r',ind about hlsintentions for the propert:, or if he selrs his piopertlr, that that propert:'could, that anybody could do anything the:' eanted t ith-that propertlr?
Pioneer Trail, we've considered that as an expansion in the past becauseit's a seParate, it's physicalllr rerroveil f r or', the originaf ptt. However,weive also found sor,e inforrt"ation orrt about whatrs belng r,ined up there indee uere under the irtpression originally that it was a different, that therraterial they rere excavating up there was clay, which it is but we wereunaler the irr,pression that there was no clay in-the pit ltseJ.f , the r,ain pit-and it turns out that there ls so the distinctionrs getting a little rnoriblurr:'-than it had originally-been. But we rere looking at it being anexpansion because it was physicallSr rer,oved. It sas up-in a differEntarea. It sas up near pioneer Trai1 andl not 159.
Er,rrings: Is it on a different parcel of land?
uike Dwyer: No.
Olsen: It.s all under single ornership but it was on a piece that rraspurchased that at one tir,e was separate but ever]rthing iras purchased anduntler single ownership before the ordinance itts subjict to.
l{ike onyer: That top side has been nined as se1l...
Ahrens: The top side? What are :'ou talking about?
Planning Cor,rt ission l{eeting
llarch 7r l99S - Paqe 24
Continue to n,ine it to within 25 feet of all the adjoining propert!' owners?
Roger Knutson: No. The idea ls, he gets a permlt. The perrr.lt runs rriththe land and tbe permit la:'s out conditions which he wilt now have to
cotr,pll' sith. The oyrner of the propert:' rill have to comply with.
Ahrens: But if he keeps the property and just changes his n,ind anil hedoesnrt uant to develop it into houslng. He wants to continue to r.ine it.
Roger Knutson: ft's part of the permit process. Once :rou issue a perr,it,
you have a land use plan with that. He can change it but herll have to
corre back and see the Citlt to get it changed.
Wilderrquth: One of the reasons for an annual update rlght?
Roger Knutson! Right. He can change his r,inil . I Frean lf he goes onr.,ining for 109 years and who knows whatra going to be appropriate 109 !'earsf r or', now, he can corre back and sal'. luou know people arenrt brrildling
apartrrrents nord. We want sorrrething else and corqe to see lrou andl has to havelt changeil .
Batzli: This actualL]' extinquishes then
use?
the grandfathered non-conforrting
Roger Knutson: No. He still tras...
Roger Knutson: Thatrs correct.
Batzli: That's extlnquishing the use
Roger Knutson! That's correct. If he
thatr s right.
tli lderrr,uth : Is that in here too? '
I donit thinkI dlonr t thlnk
Put Hoon valle
that. There i
Batzli: No, thatis not ln here. The abandorrrent.
in the zonlng ord inance.
Thatta under the non-conforrt ing aection of the
Roger Knutson: That' s
Krauss: Thatrs todalr.
zoning ordinance.
Ahrens: In general I think this ls a welL wrltten ordinance. I have sor,e
changes too that I don't think we need to go lnto right now. Sor,e of thetr,
have alread], been covered and I can talk to PauI about lt afterwards.
then on the land?
stops dlolng lt for a perlod of tlr,e,
the intent of anlrone to put t{oon VaIIelr out of brrslness.thls ordinance, lf applied to uoon vaIle!, $ould probabl!,
of business. At least I havenrt seen an:r evidence of
7-46 a waiver that the Clty Council rtay allow devlation
It's
even
:t outs in
T
Batzll: If for instance he nas to cone ln and get a permit and then ceaseoperations for 2 :rears. Sell the ProPert]r. The new Person rould not beable to continue?
Planning Comr,ission t{eeting
l{arch 7, l99S - Page 25
fror, the standlards set foEth herein for mining and excavation operationsthat eristeil prlor to the enacthent of this ordinance whlch seer,s to givetbe City Council porrer to exerrpt Uoon Valle]r from shatever the!, rant inhere, if I rtrl not mistaken.
Roger Xnutson: Thatrs correct. The idea is, we can.t anticipate lnsriting an orillnance what all the different variations are anl exlstinguses so ne just left that open.
Ahrens: Right. r think that if sorte kind of statetr,ent is F,aate by Hr.zwiers rike steve said, r donrt knon what the legar affect of thaE would bebut if so&e stater.ent sere rr,ade and lt t,as clear-uith the Cit:r Councilexactl:' shat his intent was and r dontt think that he can be ls rigiil as it_appears. It doesnrt sound like Hr. Zwiers wants to fence anlrthing in anttrants to cor.ply with a lot of the safety issues that are adiliessed by thisordinance. r think that he has to give-on sorre of those. r think tiat itreCity, I Eean I hope the City wiII cooperate sith h irrr and allow hir, tocor,pry with the statute as_ reasonably as possibre but r think itrs a prett:,gooil ordinance. I guess thatrs aII I have.
Conrad: Oka:', thanks Joan. Irll be real guick and brief. Therers a -
couple things that are real clear to rr,e. One, t,e need the ordlnance.4bsolutellr. No doubt in rr,y r.,ind . Tiro, we have the right to do it. Nodoubt. Specifically, ln terrrs of the ordinance itself, I,ve got twoconcerns. one is the cost and what we are irtposing. r have no idea paur.f donrt know if werre talking $I5.S0 or $3SrSSS.gg. I guess I needsor"ebody to tell rr,e what we just did. rt certainly nouid be slte specific -but again r just kind of, r need to know what the -ost lmplications of thlsarea. Tbe second thing, in terr.s of therers a section in there talkingabout paving for 3gg feet. r rtr' not sure what that does. t{aybe it rr,ak6ssense but it doesnrt do a great deal for rr,e as I look at difierentapplications, specificall!' in this particular case, it doesntt rr,ake rnuchsense. to rte. The paving requirerr,ent and r thlnk rrd have to be persuadedtbat lt does. The 50 lzards looks klnd of smaLl. It looks llke, but paul
:tourre-saying lzourre willing to, or thatrs enforceable or that lrorr can getcontrol on 50 :rards of earth or irhatever. rt seerrs like a lon nur,,ber butlf you ttrink thatrs enforceable and rre can get a handle on those peoplemovlng 50 yards of earrh. r guess r can go ;rong wlth that. specirriiiryfor Hoon VaIIe!'. So those eere tr,!r cor,r.,ents on fhe ordinance. - I generaliylike it. r rike the cor'rr,ents that rrve heard and the changes. sp6crricaiiy_on lloon valley. I'm real interested in the restoration plan. xot in terrr,iof polnting and re r,ay do this and re &a:/ do that. I think we needl as acity a plan. rre sirtply have to have thaE eith that Bite. rn my rrindthatrs an absolute. There are safetlr requlrer,ents there. es piople moveinto that area, and wetve all said iE so r uonrt belabor th; dint: rrrei"are safety requirer,ents, absorutery that have to be irtplert ented there. rthink the owner has a lot of good intent and r,:, cor,tr,enls are not lntendedto slander his intent because I think the]rtre all good but I also bblievethat we have sor,e reasons to maintain the bluff an6 the vlstas and r thinkthatrs the reason rre need an ordlnance rike this. r donrt want to see thebluffs harrr,ed. r donrt think the appricant does either but rrtr. realcurious as to hot, bluffs get restored and so those are my speclfic concernsrith this particular site. Thelrire not as r,uch ln tern,s'of^ operatlonal
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although soFrebod:' na:, bring those to light. I think we have restrlctionson contractor.s yards and I think those sarie restrictlons should beaPpllcable here. As 6otr,ebod:, else said on the Planning Cor.,nission, I thlnktbere's got to be a way to deal rlth, to put this ordlnance in, nurrber one.But then as rre relate to lrloon Vallelr, I think there.a a walr to require rrsto have specif ic standards for therrr lrr,rr,ed iately. Obviousl], that ones I,dbe concerned with are sorrre safet!, issues and sone plann lng- issues . I thinkrs sotreboat:, else said, there are sorrre other thlngs that could be phased inover a 5 to 10 :rear plan and then tbere are sorhe other things t donrt thinkappl!' at aII. Ird like to see, I think se have sorr,e thlngs to do tonight.
TIe can either tabre thls coFrnrlssioners and bring lt back or re can send itthrough but I guess rr,y-directlon ls to table lt for at least a couple ofthings that r was tarking about. one, the cost revlew rr!r. intriguira wtttr.I really, I think rse need to know as a cotr,trriasion rhat we're asking abusiness to do. Tberefore, we uiII be sensitized a rlttre bit to i lateron Process when Uoon Valle:, rray have to coF.e ln for, apply for a perrr,it orrhatever. rrrt arso interested in getting a response frorr Hoon vallel, interrtrs of rrhat the ordinance sould do. sor"e of the speclflcs. rhat iheybelleve are totally detrir.ental or harr.ful to !'our operation. I realL),donrt want to hear, r donrt rant to make thls a thesls but r want to knosthe real things. The things that we canrt see. yourve heard us tark aboutEafetlt. Werre concerned rlth aafetlr. Wetre concerned sith sorre of thesethlngs. soF,e of these things you just have to do. you just have to do itand rrd really rather not have you rebuff ES on soFr€ of tne thlngs thateerve got concurrence here unless :rou sa:r, thatrs a $2g.ggg.g0 tisk. Irrant to hear about those thlngs. so agaln, it.a not a rong exerclae but rwant to be a little bit brlghter than r ar. right noe, on sorr,e of those costfinpacts on your operatlon. And there rirr ber if thig goeg through, thereobvlously are cost ir'pacts but I thlnk the:rire sorthrhlie for thecom,unlty. Our job and I think as lrouive heard everlrbody up here feelsrealI:, strongllr that ]routre runnlng a prettlr good operation in r,oetresPects and feels that werre not tr!'ing to put !'ou out of business anitue're not. And then Iid like to see the orttinance rewritten with ourrecon,rtendations and staf f respond to soF,e of the cor,rrrents. Is 59 lrards theright one and ehat have you. Thatis where rrd go. To tabre lt coro,isslonrr,er,bers and to have lt brought back. Therera another ua:, to do it. There
are_ other wa:rs to do lt but that would be rty dlrectlon. Anl, corr&enta? Any
rr'ot I ona?
Planning Colur,ission tteetlng
l{arch ?r L99S - Page 26
lfllderr,uth tr,oved, Batzli eeconded to table the Zonlng Ordtinance Ar,endr,entdeallng with excavatlon, ftlnlng and grading for further review. AII votedln favor and the R'otion carrled.
Conrad: Letr s speciflcally talk about rhen thle rould corte back. Whatt:'pe of tir',e do you need to respond!?
lllke Dwyer: Werd like to be responding to your Btaffra next draft.
Conrad: Oka1z, thatrs falr. PauI, what do you thlnk?
Krauss: This is an ordinance thatts corr.posedt by a corro,ittee of tno, Rogerand r,yserf . r sould suspect rre coulal go through !o[r c orrrrrr€n t s and get iorr,e-changes out at least ln a revised draft forr,at probabl!, by the rr,iddie ofnert seek. End of next seek.
Planning Cor',r,ission Heetlng
Uarch 7, L99S - Page 27
Roger Nnutson: Eor the sirr.ple ones where lrou just said change this wordand that, Paul, and I can be on the phone torrorron and eoFrpare notes and
I r 11 have it out toF.,orrow. For the rr,ore substantative ones like ]rou weretalklng about, is pavetl roads for 3A0 feet approprlate? I,l1 1et paul
handle that.
Xrauss: I still think we could have it b!, next seek.
Uike Diryer: f,e could responal to that probably...
Conrad: A week? Okay.
To& Ziriers: I have a guestion. On the safety, on the fencing. Somethingto think about, if we change it, what do !'ou think about changing the
slopes to a 2:1 slope? we have to, rrhen we bring black dirt ln for ourrestoration on the Eouth slde, s or'e o
alreaal]', rre could bring in the black
L/2tl
awful
strong
Frlse I f
and br
but the bank is as steep going
ush r ight now as lt i s corr,i ng do
you were there, lrou 3ee...that bankirt and slope those banks and get a 2-ople, a little kld sould have another slde because he.s got to be aot grandsons anil I'r, very concernedup one side and itrs full of trees
wn the other I ide.
slope. I don't know lf these ptirie to crawl up the bank on tbIittle kid. Believe F,e, Irve
f
d
e
e
I
Conraals WelL !'eah. talk to staff about those ratlonal t:T)e of things.donit like fences. People can clirrrb over fences lnd I donrt know.
I
lfllderrr,uth: Thatrs another thlng. I think werve got
about what kind of fence. Wbat are t e talking about?chainllnk or?
to aay sorr,ething
Are we talking about
Conrad: But specificall], as I look at the bluff, and It& looking at tbeverlt top, therers nothlng lrou can do at that one point. Therersabsolutel:r, :'ourre not talking about r'aking the grade change unLess youtake down the bluff and re donrt rant that. We 1ike how that looks brrtthat is not a safe site and sor,ething has to be done. Thatrs speciflcallyrhat I ttt looking at. I thlnk tberera sor.e other areas rhere again, I,r, nota proponent of fences just for fence sake but there are aoFre hazards therethat we Just bave to resolve but thatrs reall:r speclflc to lrour particularlocation. Those of ltou eho carrre in todalr, thank you for your co;,rrents andthis rlII be back to us probably 2 sessi6ns, 4 weEks frot,-now. Thank lrourtuch .
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CITY F 1D
EH[NH[SSEN
690 COULTER DRIVE. P,O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (512) 937-s739
UEMORANDUU
To! Planning Commission
FROM: Paul Krauss, Planning Oirector6L
DATE: February 27, L990
SUBJ: Proposed Zoning Ordinance Amendment Dealing with
Excavations, Mining and Grading
PROPOSAL./SUMMARY
In November and December of last year, the City Council became
aware of concerns regarding the l{oon Valley cravel Mining site.
The gravel mining operation had expandeil significantly over thepast few years and area residents were becoming concernetl 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 regalding potentialalternatives for dealing with this matter.
In January, staff working trith the City Attorney prepared a
nemorandum for Council review. This memoranilum (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 curr;ntly have esf.ablished aconditional use permit requi.rement for these types of uses but isnot specific as to conditions or standards. In addition, the
Moon Valley operation predates the conditional use pernit process
and is therefore, a grandfathered non-conformity. It was theCity Attorney's position that an orctinance could be developed insuch a manner Lhat existing operations such as Moon Va11ey couldbe required to obtain a permit to satisfy the new ordinance. Itis not believed that this could be usetl as a mechanism forshutting d.own or removing the operation but rather one by whichthe city is able to exercise control to insufe that operationsare conducteil in a maDner that is sensitive to surrounding resi-
dences and the environment ancl one which will leave the site in aconilition to facilitate appropriate reuse.
ii
Planning
February
Page 2
coBmission
27, L990
The draft ordinance essentially establishes mining anal excavationas an interim use. It outlines standarals and proceclures for thehandling of applications and submittal requirements, as well asstandards 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 wouldbe responsible for reviewing the permit to insure that it isbeing conducted in compliance with conditions of approval , if notit would 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 surunary of ordinance standards follows:
Setbacks Are Required From the lrtine Pit
E{!sting Streets Public Utility Lines
Adjoining Properties
Not in Mininq Use
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 noiseemi.ssions. Rehabilitation is required to be a continuing processanil a rehabiLitation plan must be provided. Screening of thesite by landscaping plus preservation of natural amenities on thesite must be considered in the p1an.
100 feet
There is a
ordi nance .
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 woulilbe increased to J.,500 feet
due to noise and dust
impacts.
addressed in this
administrative
In our opinion, the approach of this ordinance is not punitivebut rather is to provide a reasonable set of minimum standardsfor these operations to adhere to so that impacts on the city andon adjoining properties can be uritigated. We have reviewed simi-lar ordinances prepared for other Twin City communities. Ir{ostnotably, Apple Valley (a copy of their ordinance is attached) hasdeveloped an extraordinarily comprehensive set of ordinances per-taining to this type of use. Ho\rever, in our opinion, the ordi-nance vras designed to cope with a much more serious problem then
Chanhassen is now currently faced with and is as a resul,t muchmore involved and restrictive then the one we are currently pro-posing.
being
is no
i))
Planning Cornmission
February 27, 1990
Page 3
mechanism for city staff to approve grading permits for removing
or moving relatively small amounts of material. Technically, thegrading of someone's back yard requires City Council approval .Staff is proposing that an atlministrative review procedure be
establisheal for proposals that rrould move less than 1000 cubicyarals. An application form would be developed whereby applica-tions for grading woul,d be subject to the same sorts of reviewcriteria as the interim use process which would be done by staffin-house. SLaff could require financial guarantees and place
conditions on the permit to the extent these are believed to benecessary. If staff is uncomfortable with a proposal for some
leason or if an applicant objects to staff's determinations onthe permit, it would be appealable to the City Council. Staff
has organized and managed a similar program in the past andbelieves it is the most effective and expeclitious way of dealingwith these types of requests. A draft copy of an ap|lication
form that we wouId propose to use for administrative grailing per-mits will be provided for Planning Commission review. We areproposing that a permit application fee of $50 be requiretl topartially cover staff expenses in processing and reviewing theseapplications.
STAFF RECOMI.{ENDATION
Staff recommends that
the draft excavation,
the Planning Commission review anil adoptmining and grading ordinance.
ATTACHMENTS
Draft ordinance.
Apple Va1ley ordinance.
Backgrountl memorandum to the City Council on the Moon Va1leysituation.
Draft grading permit application form.
1
2
3
4
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FEB-28-1994 11:48 FRDI,1 csPELLr SCIITT & Fiict{S
tt
TO 9y6:739 P. @3
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CTTY OF CIIN{IIASSEN
CARVER At{D HENNBPIIi COITNITES, I{INNESOTA
ORDTNAI{CE NO.
The City Council of thE Clty of Chanhassen ordalns asfollows:
SEcIIo! f. Chqpter 7 of the Chanhassen City Code is herebyahended by ailding Artlcle IfI to read as follors:
7.30: PURPOSEE AND IIIEEIIE.
The purpose of thlE Ordinance is to proraote thehealth, safety and ielfare of the connunJ.ty and Lo establishreasonable uniforn llnltatlons, standards, - safeguards andcontrols for excavation, nining, and grading wlihin the City.Gradlng, excavation, and nining petmlas for Dore than fifty- (50)but less than one thousand (1,OOO) cubic yards of uaterial- slial1be processed admLnistratlvely by the Clty-Staff. Grading,excavation, and nining of noie Lhan one Lhousand (1,000i'cubicyards.of naterial shall be processed in the sane manner as aninterirn use per:uit.
?-31: DEIINIAIOU8.
The foll.owlnE uorAa, ter s and phrases shall have thefollowing neanlngs respe-tively ascribed to-then:
crade: To change the contour of the earth.
Mine or Excavatl.on:
(a) Any excavatlon rade by the reDoval of thenatural surface of the earth, whether sod, dirt, soll, sand, igravelr -stone, or other Datter, sreating a depression-or
depress ions
(b) Any area where the topsoli.or overburden hasbeen removed for the purpose of ulnlng- earthly deposits orrninerals, yet the arei his reuained late stnci thl topsollrenoval .
tct Any.area tlrat Ls being used for stockpiling,storage, and procesalng of rand, gravel, black dlrt, cIay, indother rninerals.
r02128190
ll{ OEDITTIIICE AllEtTDIf,C CEAPAIR ? anID CEIP,TER 20
OF ilEE CEET{EI88ETI CIEI CODB PERITAIXING TO
EXCAlrttIONS, ![IIINC, tilD ORADING
FEg-?€-!ffi 1 1 : 49 FRO4 CSFBELL , SCOTT & FLIHs TO 93?5?39 P.@4
)
Overburden: Thoae Daterlals shich lie between thesurface of the earth and rnaterial deposit to be extracted.
Rehabilitatlon: To renew land to self-sustaininglong-tern use vhich is conpatible rlth contLnguous land uses,present and future, ln accordance sith the stindards set torth inthis chapter.
- fopsoll: lthat portion of the overburden which liesclosest to the earthrs surfice and supports the growth ofvegetation.
7.32. PERTIA REoI,IRED.
_ Except as othemiae provided ln this chapter, itshall be unlanful for anyone to operate a hine, excavate, orgrade the earth rithout having flist obtained i writt.r, i""mitfron the Clty authorlzing the-sane in accordance rrith thischapter. Mining and excavatlon operations that predate thischapter that do not have a permil shall obtaln i pernit wttfrinslx-(5) nonths after the ad6ptlon of-this chapter'. cuiieni-permitholders shalr coDe into_ conpliance with the tirars of this ci:apterno Iater than the tine their annual. pernrlt is renewed.
7-33: EIEttPlltoNS FROU pERtttE REQUIREXEilTS.
The following activJ.ties do not reguire a pernitunder this chapter:
A. Excavatl.on for a foundation, ceIlar, or baeetnent of abuilding tf a building perait has bien issued.
B. crading- a 1ot in.conJunction wlth bulldtng lf a buildingpernit has been lssued.
C. Excavation.by the federal, state, county, or city governmentin connectlon with construction or nainEenance oi ioads,highways, or utillties.
D. curb- cuts, utility hookups, or etreet openi.ngs for whichanother permlt has been lssued by the City. -
E. Excavatlon of leEs than fifty (50) cubic yards in a carendaryear.
F. Plowinq andt tllllng for aErleultural. purposes.
G. Excavation or grading in accordance with a developnentcontract_ approved under the city,s subdivrslon orhinance. rrthe deveropnent contract reErirEs that a retter "i-"i.ait ".other. security be posted, the letter of credlt or "it"i-securlty nust be posted 6efore any excavati"n-t.i.= fiiic".
-2-
l,
7-31:
A.
B.
An application for a pernlt to nine, excavate, or grade shallbe processed in accordance sith the saDe procedurel specifiedin the City Code-relating to l^nterl-n use penrits excelt thatgrading, excavatlon, or ainLng of nore thln fifty (5o) cubicyards of Daterlal but less than one thousand (t,ootj) cubicyards of material nay be approved by City Staff.
An applleatlon for a perDlt Bhal1 contaln:
1. The nane and address of the operator and owner of the1and, together with proof of olrnershlp.
2. The.correct legal descrlptlon of the property where theactivity ls proposed to occur.
3. A certified abstract ).isting the nanes of a1l landownersowning property nithin 5O0 ieet of the boundary of theproperty described above.
Speciflcatlons of the follorrlng,photographs and surueys:
IPPIIICAIIOIIs tOB PESIIIEA, pEOCEDURES, CONSENTA Op
lPPLlClArOI{g.
using appropriate naps,4.
a.
b
Tle physical relatlonship of the proposed designatedsite to the connunl.ty and exlstlnE dLvelopnent.
site topography and natural featurea lncludlnglocatton of watercourBes ana uater bodles.
c. The descriptlon and quantity of rnaterial to beexcavated.
d. The depth of 'uater tab1e6 throughout the area.
The purpose of the operatlon.
The estinated tine required to conplete the operation.
Hours and Donths of operatlon.
A tree Bur:rrey indicatlng the location and type of alltrees over six (6) lnches in caliper.
A landscape plan.
The plan of.operation, lncluding processLng, nature ofthe processing and - equlpnent, location ot €ire pIant.source of uater, disposal of water and reuse oi water.
5.
6.
7.
8.
9.
10.
-3-
a
11. Travel routea to and fron the site.
12. The.plans for drainage, rater erosion control,sedinentatlon and duit control.
13. A rehabilltatlon plan provided for the orderLy and' continulng rehabilitation of all disturbed land. suchplan shall lllustrate, using photographs, naps andaurveys shere approprl.ate, the follouLng:
fhe contour of tbe land prior to excav.tion andproposed contoura after corpletion of excavation andafter conpletl.on of rehabil.ltatlon.
a.
b.
d
fhose areas of the elte to be used for storage oftopsoll and overburden.
A schedule settlng forth the tinetable for excavationof land lying wlthin the extraction facility.
fhe stope of all slopes after rehabllitation, basedupon proposed land uses, and descrlption of the typeand quantity of plantlngs rrhere revlgetation is t6'ueconducted .
Ihe crlterla and atandards to be used to achievefinal retrabllitation as rell as internittentstabilizatlon.
f. Other lnfomatlon reguired by the City.
12. A statenent identifying the applicantrs progran to insurecompliance sith the per.n+t conditions, rnitn5a of responseto coroplaints and resolving conflicts that rnay arise as aresult of conplalnta.
13. Unless exempt under t{innesota Rules, an environaentalassessDent uorksheet, lf reguired by the clty.
14. A L,etland alteratlon pernit, lf reguired by the CltyCode, which shall be processed coniurentl! uith thiexcavation pernlt application.
7-35s colrNctrJ REyrEr rND lppRov[rJ or ovEne,rJr. pLANi FUNcrroNOF RENETAEIJ'A A}INUIL PERIIIBS.
A. Except as otherrrise provrded heretn, the clty council sharrrevler.the perrnit application and shall .ppr6""-iiie-p.rrit irlt-ls in conpliance-ilttr ttrts chapter, ttri'-ity,s--r.;i;;ordinance, lnd other applicable liu,s.'oratnanc3s, ;e---"regulations. lrhe councll nay attach ionditions t; ah; perrnirapproval to pronote safety ind prevent nul.sance conditions.
.l
The rehabllitation plan shall onl
consl.stent rlth the usee allowed
PIan and zonlng ordlnance.
be approved if it is
n the city's Conprehens ive
B. crading, excavatLon, and nln5.ng of Dore than fifty (50) but
less than one thousanat (1rO0O) cubic yards of naterial ln a
twelve (12) Donth perlod Day be approved by the city Staff.
The applicant shall subult the fee regulred by section 7-39of the city code. The ctty Staff nay aleo regulre the
subnission of any of the lteue specifledl in eubdlvlsion 1o-
154. Upon receipt of a conpleted appllcatlon, the city staffshall review the appl icatl.on ulthln ten (10) Horking days andahall notlfy the appllcant of the decislon by nall. The cityStaff nay inpose such nodlficatlons and condltlons as nay be
necessary to protect the publ ic Lnterest. Bonding nay beregulred ln an anount sufflclent to ensure site reEtoration
should the appllcant default. Any applicant aggrleved by adecision nay appeal the detar:ulnation to the Clty Councll.
C. fnpleDentatl.on of the overall plan shall be by Deans of
renesable annual pemlt. Tbe purpose of the renewable perrnitls to assure conpliance rrith the longer-range overatl plan
and to retaLn the abtlity to nodtlfy existlng or to attach neurconditions in accord with ctranglng characteristlcs of thesite or Lts surroundlnEe. The Clty Englneer, afterconsultation vith approprlate City ataff, may lesue rene$allicenses upon satisfactory proof of courpllance ulth thischapter. If the City Engineer deniee a renewal license, thcapplicant nay appeal the declsion to the City Council byfiling a notice of appeal with the City Clerk wlthin ten (10)
days after the City Englneer denLes the permit.
7-35: SERI.IINAEIOX OI PERliI8.
vt
A.
B.
The rnaterlal extractlon peruit uay be terml.nated forvlolation of this chapter or any conditions of the pernit.
No pernit nay be tetoinated untll the Clty council has held apubllc hearlng to deterroine vhettrer the p&mlt ehall beterninated, at which tlne the operator shall be afforded anopportunlty to contest the termination. fhe Clty Council mayestablish certain condltLons, vhtch lf not conpl-led uith,wlll result in innedlate suspension of operattons until thepublic hearing to conslder tCrnlnation oi the pernit can beheId.
7-372 emlgll, DEiltIAST RENlrl&, Col{Dr?tONg.
A. Reguest for renewal of an annual pelalt shall be made aixty(50) dayg prl.or to the expiration date. If application orrenerral Ls not uade wlthln the requLred tl.ne, 111 operatlons
ft shall be unlarful to conduet nl.neral extraction orexcavation after a pemlt has been teminated.
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6ha1l be te::roLnated, and rel.nstaternent of the pernit uay begrrnted only upon coropllance rith the procedures set forth inthis chapter for an original aPPllcation.
B. A pemlt toay be approved or reneued subject to coupllance
with condltlons in additlon to those set forth in this
chapter vhen euch condltions are reasonable and necessary to
ensure conpllance uith the requl.rernents and purpose of thischapter. tlhen aueh condittons are establlshed, they 6ha11 beset fortb epeclflcally ln the pemit. conditlons nay, aDong
other natters, linit the size, kind or character of the
proposed operatlon, require the construction of structures,
requLre the staglng of extraction over a tine perlod, requirethe alteratlon of the slte deslEn to ensure compliance ulth
the atandards, regulre the provislon of a perfornance bond by
the operator to ensure conpllance uith these regulatlons lnthis article or other sl.nllar requirements.
7.38: ISSI'IIICE OP DERUT! IXFOBES IIO IJINBII'IAT ON CTAY IND
RELIEVES :IEE PERI,IISTEE OI tO BESFONEIBIIJITIES, EIC.
Neither the issuance oe a pirmit under this section,
nor conpllance with the condltlons thereof or with the provlsionsof thls sectlon 6ha11 relleve any person fron any responslbllityothernise lnposed by lar for danage to persons or propertyi norshall. the iEsuance of any pemit under thls Bectlon aervo tolnpose any liabillty on the clty, lts officers or ernployees forany inJury or danage to perEons or property. A permit issuedpursuant to thls section does not relieve the permittee of theresponsiblllty of aecuring and conplylng with any other perrnlt
uhich Day be reErlred by any other Iay, ordlnance or regrulatlon.
7-393 lEE8..
A schedule of fees for the exanl4ation .iia approvatof appllcations for permite under this section and the lnlpectionof operations for conpllance with the conditions of thte slction
and tle pernit shall be detemined by resolutlon of the Clty,Councll, uhich nay, fron tiue to tin-, change such schedule.Prior to the approval and issuance or reneuil of pny pernit underthis sectlon, iuch feea €haII.be paid to the City aird'depositedto the credit of the generdf-fund
IRREYOCIBLE LEAEER OI CRIDIA.
/7-a0 s t:Prior to the Lssuance of. a pernlt, there shall beexecuted by the operator and subnltted to the Clty an agr€enentto construct such regulred lnprovernents, td dedicate suihproperty or easeDente, lf any, to the CIty and to conply rlthsuch conditlons as nay have been established by the City Council.
Such agreernent shall be accompanled by a letter of credltacceptable to the Clty in the at0ount of the costs of conplylngsith the agreenent. The aforesaid letter of credit shal1 Leprovided for guaranteeing conpletlon and conpl lance rrlth the
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conditlons set forth in the perult nithln the tine to be approvedby the City councll. The adequac!7 of the lett€r of credit shalt
be reviered annually by the Clty. Ttre Clty nay direct the amountof the letter of credit be lncreased to reflect lnflatLon or
changed condltlong.
?- l1:SETBBCXS.
MlnlnE operations Bhall not be conducted nithin:
A. One hundred (100) feet of an exl.sting street or high\ray.
B. Thirty (30) feet of an easeDent for an existlng publicutllity.
c. fhree hundred (300) feet of the boundary of an adJoinlngproperty not in Dinlng uae cxcept that aggregate processing,
ineluding but not linltedt to cruehing and washing, nust beset back one thousand flve hundred (1,500) feet fron the
boundary of adjoining property not ln nintng use.
?-12. IENCIXC.
Durlng operatl.ons peaitted under thls chapter, any
area rrhere excavatlon slopes are steeper than one foot verticleto one and one-halt (L-L/21 feet horlzontal, and any other areasrhere obvlous danger to the publ lc exists, EhaII be fenced nhen
such a sltuatlon has exLsted or ulll exlst for a perlod of flve(5) uorking days or longer. llhe City Engl.neer ahall review suchfenclng to assure lts adeguacy. As an alternatl.ve, the CityEnglneer Day reguire perlDeter fencl.ng of the entl,re extraction8ite.
7-t3t e?PElmllCB lllD EcRBEtltxc t![ 8EB EXERACATON 8188.
The followlng standards are required at theextraction slte of any operation perDltted under this artlcle:
1. Machinery shall be kept ln good repalr.
2. Abandoned DachlnerT, lnoperable eguipnent and rubbishshall be renoved fron the alte regularly.
3. All buildings ana equlproent that have not been uaed for aperlod of one year shall be renoved fron the site.
4. A11 equlpnent and tenporary Etructurea 6halL be renoved
and dlarnantled not later than nlnety (9O) days afterterminatLon of the extraction operatlon and -xpiration ofthe pemit.
5. Where practical, stockplles of overburden and naterialsshall be used to screen the extraction.
)
FEB-28-199a 11!55 FRO'I CnflPEELL, SCOTT & FIiCHS T0 93'6739 P.LA
)
6. fhe periEeter of the slte shall be p).anted coniferoustrees or othen ise acreened.
7. Existing tree and ground cover shall be preserved to theextent feasible, maintained and suppleurented by selectivecutting, transplanting of trees, shrubs, and other ground
cover along all setback area6.
8. $eeds shall be eradicated.
7 -lll2
The folloning operatlng standards shall be obseriredat the extraction site of any operation permitted under thissection:
The naxinun noise Level at the periureter of the siteshall be rrithin the llults set by the Ulnnesota PollutionControl Agency and'the Federal EnvLronnental Protection
Agency.
Extraction and haullng operatlons shall be performedduring only those tirnes established by the Clty Councilas part of thls permit.
Operators shall use all practlcal llleans to ellninatevibration on adJacent property fron eguipnent operation.
Operators shall conpl.y rith all applicable clty, county,state and federal regulatlons for the protection of uaterguallty, lncludlng the Uinnesota pollution Control Agencyand Federa! Envlronnental Protection Agency regulations -
for the protection of uater guality. No waste productsor process residue 6ha1l be deposited in any lake streanor natural drainage systeD. AII waste uater shall passthrough a Eediloent basin before drainage into a stream.
Operators shall.comply with all City, County, State andFederal regrulations for the protectlon of rratlands.
Operators ehatl cornply rlth all requirenents of theLraterrhed rhere the property ls Located.
AIl topsoil_shall be retained at the site until conpleterehabllitation of the site has taken place accoraing tothe rehabilltation plan.
8. Operators shal1 use all practical neans to reduce theanount,of dust, snoke, and fumes cauBed by theoperatl,ons.
2
3.
4
7.
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1.
5.
6.
OEERTEIONS, NOTSE' EOI,RS, EXPI,OSIVEA, DU8I, TATER
POILUIIION, rOPSOII. ?R88ERYITION.
rr r.ro r_I\ErI \-Fr rsEl-L r gwr r o r-rJ\JE IU r. TI
9. Internal prlvate roada frou a nLne to any publlc roadwayshall be paved wlth asphalt or concrete for a distance ofat leagt three hundreat (3o0) feet to the lnterEection
t ith a pubIlc roadsay. Al'l lnternal roads ahalI be swept
and treated to rnlnlulze dust accordlng to a schedule
establlshed by the Clty.
10. AIt haul routes to and froD the Elne ahall be approved bythe Ctty and sha1l only use Btreets that can safely
acconmodate the trafflc.
The following rehabilltatlon standards shall apply tothe site of any operation peroltted under thls chapter:
1. Rehabilitation shall be a continuing operatlon occurringas quickly as possible after the extraction operation has
noved sufficlently Lnto another part of the extractlonsite.
2. A11 banks and slopes shal1 be left ln accordance uith therehabilitation plan subnltted with the perntt
appl lcat ion.
3. Slopes, graded areas and backflll areas shall be surfacednith adequate topsoll to secure and hold ground cover.
such ground cover Ehall be tended as necessary until itis self-sustained.
All rater areas reeulting fron excavatl.on shall. beelininated upon rehabilltation of the elte. fn unigueinstances uhere the City Councll has revlewed propoialsfor uater bodles at the tlne of approval of thE overallplan and has determl.ned that such nould be approprlate asan open apace or recreatlonal anenity ln subsequent reuseof the sJ.te, oater bodiee Day be pernitted.
7-lSz
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7-{5!
RZEABILIIII,8ION 8!TXDTAD8.
5
3he Clty Council Day allou deviation frou thestandards set forth hereln for nLnLng and excavatlon operationsthat existed prior to the enactaent of tlrls ordLnance ihen lt lsnot feasl.ble to colply becauge of pre-rxlstJ.ng condlt!.ona.
SECTION 2. Clapter 20 of the Chanhassen clty code 16 arnended by
arnendlng Artlcle l(:flIl ln ite ontlrety to re-d:
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No part of the rehablll.tation area shich Ls planned foruses otJrer than open Epace or agrlculture shatl be at anelevatl,on lorer than the nlnluun required for connectionto a sanltary or stortr seuer. Finlshed Erades shall alsobe consistent uith the.established plan for the propertyrehabilitatton.
rlIYER.
IU
20-1351! XINEnL IIER.ICIIOII.
J3(>15|, t"lz
tl of the Ctty o! Chanhassen,
,1990.
lllneral cxtractlon - ls only allored in the zoningdistrict vhere Buch use is delineated- as an allored use. fn'addj.tion to courplying with the requlrenents of the zoningordinance, aII euch uses shall conply with the Chanhasseiexcavation and nlning ordinance, Ctrapter Z, Article IfI, of theChanhassen Clty Code.
SECtION 3. Thls ordinance shall becone effectlve inrnediatelyupon its passage and publicatlon.
ADOgTEthis _ day
D by the city Councof
ATTEST:
Don Ashwoith,city Uanager Donald J.Chniel, Hayor
(Publlshecl ln the ChanhaBsen VlJ,lager on 1ee0).
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}IEIUORANDUIU
TO: Ptanning Commission, City Council/Mayor' City Administrator
FRolrt Deonis P. wclsch. Commuaity Devclopment oi,."to-tplllf
RE: PROPOSEL BEVISION TO SAND AND GRAVEL MINING ORDTNANCE
DATE: Dccctaber 2t, l9E9
A public hcaring will bc hcld
Planning, Commission Mcctiag t
Gravcl Mining Ordinancc.
at thc Jaauary 3, t990 CitY
o consider rcvisions to thc
of Applc Yallcy
City Sand and
Attachcd is thc most rcccnt revision (*7.5) to thc City of Applc Vatley
Sand and Gravcl Mining Ordinaocc. This proposcd ordinancc has bccn updatcd
ro coincidc with thc alandards utitizcd ia thc 'Miaiag South of County
Road 42' Draft Environmcttat Impact Statcocnt which is iurrently within a
rcvicw and commcnt stagc.
Thc Planning Commission originally opc[cd thc public hcarin8 on rcvis-ions
to thc Saad and Gravcl Miaing Ordinancc on Junc 15, l9tE. A hcariog on thc
amcndmcnt to thc comprchensivc plan issues rclatcd to send rod gravcl
mining was also hcld (April, l9EE).
Thc Planning Commission has alrcady solicitcd public iaput on rcvisions
rhis scction of thc codc. tn cffcct. this hcaring is a continuation of
samc proccss. Thc Commission mty act on thc ordinancc on Jrauary
rccommcnding action by thc City Council latcr in fanuery.
As an alternativc. thc Commissioo may wish to rdopt this rcviscd
ordinancc as an 'Intcrim Sand and Gravcl Miaing Ordiaancc' pcadiag the
final rcvicw and adcquacy of thc Environmcntal Impact Statcmcnl Anothcr
hcrring and rcvicw of thc ordinancc would thcn bc hcld rftcr thc Council
dctcrmincs thc adcquacy of thc Environmcntal Impact Statcmcnt ia latc
Fcbruary or carly lv{arch, 1990.
attachmcnts:Rcviscd Sand and Gravcl Mining Ordinancc 7.5
Comprchcnsivc Plan Updatcs Progoscd in April, l9tE
Mioutcs from planning commission public hcarings
to
thc
3rd,
l*""5
cl,ri l-3-?o
y'e krn OOgY TOB YOI,R INFORUAAION
r.-e-..--J
JAN 2 5 l99C
CTIIOE CMNI{ASSEII
Jlo Qc,lio'a
I
CITT OF APPLE VAIIJY
PROPOSED SAI{D A}ID GRAVEL I{INING ORDINANCE
TABII OF CONTENTS
hrrPosr
Defloltlons
Criterlr For Zonlng APProval
'Conslstency vith City Plans end Policlas
SIze
Acccss
Envl,ronDental IsPects
Peroltted Ir3.s
PerElttcd Uses
Condltlonal UsGs
Acccasory Uses
Prcvlously PerEltted B(lttlag U3.s
Notificatlon Process
Petforoancc Standards
PerElt Requlred
Fenclng
Hours of OPeratlon
soll rnd lfaEer Cons.r:rraclon RevlGr
Secbacks lnd He lght Lloltatloos
Slopcs to llater Bodlcs
Setblcks and SloPes Along Str.etg
Setbacks of Acccss Roads
V1suel Screening
geed Control
Ircatlon of DriveraY Acccsr
Pavlng Access Roads
Dust Control
Nolse
Uaccr Pollutlotr
llastevaccr
Reuoval of Bulldlngl
Topsoll
I:ndsceplng
RGcl.tratlon, Restoratlon, Rehabllltation
Nonconforotng Uscs
Violatlons
MAFtr
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10
10
L2
13
15
15
17
17
17
18
18
18
19
19
20
20
2L
2t
22
24
26
il
Adoptlon 26
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2
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7
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7
7
9
9
9
CITY OF APPLE VALLEY
ORDINANCE NO.
DRAFI: I2/IE/E9
AN ORDTNANCE OF THE CITY OF APPLE VALLEY' MNNESOTA AMENDING
SECTION AI.4t,5G'SAND AND GRAVEL DISTRICT. PROVIDING FOR
THE OPERATION AND REGULATION OF SAND AND GRAVEL EXTRACTION
AND PROCESSING THEREOF.
Thc City Council of Applc Vallcy ordains
Scdlon 1. Scctio! Atilt of thc ciry codc is hcrcby dclctcd lnd rcwrittcn
as follows in Scction 2:
Scclion 2. Seclioo Al-48. 'SG' Send ead Grrvcl Dbtrlct.
A[?FT
(!) Purposc. Thc purposcs of this scctioo !rc:
(l) to providc for thc cconomical
sand, gravcl, rock rnd soil vital to
the reSion;
(2) to cstablish tcAulations, safcguardr
City regarding aoisc. dust, traffic,
{orY1a ud othcr factors which
cnvirolmcntrl rad lothctic impactl
propcrty.
I
evailability and rcmoval
thc trowth of thc City
on
rad coalrols in thc
drainrgc, grouadwatcru.fiEJ*t
will miaimizc rhc
miaed or edjaccnt
of
and
Irll
)
DRAFT 7.5
t:1f
I .tr,
(
I
, .....': .i. ....1 ,. e.. )
J\'^''
(3) ro control rnd Einimizc pollution cluscd by sitrd rnd soil
crosion atrd scdiDcntation:
[.ill ftl lesiablish thc tocttions, ordcrly apDrovrl proccss, and
. i (r,,
'' tt c obciaiing conditions undcr which sand rnd gravcl cxtraction
and proccssing will bc tllowcd in thc city; rDd lo catablish
conditions which iosurc the tcstontiotr of mined lrcas
E "T*"", with cxistiag lnd planncd land u3e pattcras.
(5) to catabtiih this sand rnd gravcl zoning district as thc
only zoning district whcrc new sand and gravcl opcrations will
bc allowcd. pu$uant to thc City Couacil rppsovtl of r
conditionat use permit lnd enaual Council rpptovtl of crcavrtion
gcrmits
(b) Dcflnltions. Whcncvcr thc following tcrns .ppcar ia this ordinaacc,
thcy shalt havc thc mcanings assiSned to thcm in thi3 3cction:
Abrndooruclt .Thc actuat vlcancy of any portion of thc zoocd
prcmiscs for a pcriod of twcnty-four (24) consccutivc months.
Such vacancy rhall bc conclusivcly ptcsuocd as iateat to abaadon
or vacatc thc sitc by thc opcrrtoq or thc mincrak havc bcen
rcmovcd ro sithin 1096 (high or low) of lhc proposcd finrl or
loycsr clcvltion bcyoad thc point rhich ErkG3 thc sitc
cconomicllly compctitivc to cotrtinuc thc cxtttctiotr or
associated procersinS.
v
.r!
T$tr
I
2
Completion of Operations, Notice thereof: A *'rittcn noticc filcd
wirh thc City Clcrk cightccn (lE) 7Q:6}difu6\ months prior to
ihc comptction of cxcavation opcrations' Aftcr thc lt month
pcriod, activc and substantial cxcavation shall not occur on
'-propcrty which has bcco prcviousty crcsvatcd. and so noticcd aad
dcscribed. Completion of opcrations may occur on any dcfinable
GioiirtvPOrtiOn of thc
acres in sizc.rI^till liil AFT
Dust: Airbornc, inorganic, particulatc mattcr othcr than smokc
or stcam.
Excrvrtion Pcrmlt Thc onnual pcrmit rcquitcd of all cxcavation
sitcs/owncrs by thc City of Applc Yalley Codc Scction 6'20.
Fiscel Impect Anelysis: A comparativc enalysis provided by thc
pctitioncr (or prcparcd by thc city or its consultant and paid
for by thc pctitioncr) which itcmizcs thc fiscal impact of
propcrty taxcs. tand uses and public improvcmsat costs. of thc
proposcd mining opcration and rhc proposcd 'cad uscs' oa the
city, county, snd school district ia comparisoa to thc fbcal
impacr propcrty tarcs rnd land u3cs rnd public improvcmcnt costs
of dcvclopmcnt on thc sitc if no mining would occur. All
projcctioas should bc tt prBcnt dollar vrluc' cxcluding
inftation.
3
)I
propcrty at lcast twcnty (20)
Mhcrrls: Nonmctallic matcriat found in thc Garth including but so!
limircd ro sand. Bravcl, rocks, and soil' which Day bc covcrcd by
ovcrburdcn.
Opcntoi: Any pcrcoo or pcrsoas, partacrhips or corporation. or
assiSnccs or any rssociatioos. or pcrsons Githct Datural or
artificiat, including cvcry public or govcrnmcntal sgcncy
;cner-gid in sand and gravcl opcrations.
,FT
Ovcrburdcn: Thosc uatcrials which lic bctwccn thc surfacc of thc
carth and thc mincral dcposit to bc miocd.
Rcctrnetion, Rcstorrtloa, Rchlbilitetiol: To rcncw .land to a
sctf.sustaining, long tcrm usc which is compatiblc with
contiguous land uscs and which ptoccss shall includc lhe rc-
cstabtishmcnt o[ vcgctation, soil stability rad cst!blishmcnt o[
safc conditions appropriatc to thc intcndcd usc of thc land in
accordancc with thc city's comprchcnsive guide glan and thc
conditioncl usc permit conditioas rllowiag for crcavation end,/or
proccssing on thc sitc.
4
0
Proccsslng: Any lctivity which may includc thc crushinS,
washing, stockpiling, compounding, mixing, or trcatmcnt of sand'
gravcls, rocks, or similar mineral groducts into consumablc
products such !s construction gradc sand, gravcl. conctctc'
asphatt. ond othcr similar products.
a"; r'i
ffin
Srnd rnd Grtvcl Opcretloos: Thc rcmoval. cxtraction' truck
hautinB, crushinS. proccssing' crcavstioo end/or production of
sands. gravcls, rocks and similar mineral products'
lE I:l i,\ lij 'ti
Stockpllln3: Stockpiling or stora8c of proccsscd or rtw matcrials on
thc site of thc aand rod gravct opcration- Such opcrations may
continuc or bc sold from thc sitc for up to cightcen months aftcr
officiat writtcn noticc of complction of opcrations has bccn
tubmittcdtothcCityClcrl'. - Citg tt au?f*G .r^(z* iJ'
: * i:, l,'6; s*:l ".^,'
"',
l,l:: !,,5. :": !*:t
8:l€
coJct eit|.'
1o la t.Jl.Ll,rtal
ToDsoll: That portion of thc overburdcn
horizon of soil closcst to lhc surfacc
growth of vcgctrtion.
which lics with thc 'A'
and which supports thc
(c) Crltcrlr for Zoalng Dlstrlct APDrovrt. tn Gstablishing s Sand and
Gravct Zoning District, thc City Council shall find thst
(t) Conclstcocy rvlth Clty Phnl end Pollclcs. Thc proposcd district
is consistcnt with thc tcxt and maps of thc comprchcnsivc guidc plan
and thc location is suittblc in that thc exclvltion. mininS'
proccssing. stockpiliaS. or hauliag of und lad Srrvct dcposits wilt
not crcatc a nuisancc or advcrscly affcct thc edjaccot propcrtics'
Thepctitioncrforr'SG'dhtric!athissolccost,shallgtovidc
information to hclp dctcrninc said suitability, iacludint' but aot
timitcdtoacomptctcdzoniaglmcndDcDtlgplicltion:Grhibits
i u3trrtitt rdjaccnt rad oa-litc buitdiots rld hnd uscti cxiltinS
5
r{R N\$11
clcvatiotrs end pcrcent of 3lope within 8nd threc hundrcd (300) fcct
bcyosd thc pcrimctcr of tha sitc; cnvironmcnt lsscssmcnt workshcct or
impact statcmcnts; and fiscal impact analysis.
Said fiscat impact aaatysis shall includc two typcs projcctions:
i. a land usc dcvclopocat sccnlrio bascd on cxisting
comprchcnsivc guidc plan aad zoaiog dcsignations"
iL rn attcrnativc sccnario bascd upon thc lssumption that a Dcw
'SG' district with e phoncd unit dcvclopmcat cnd usc is
approvcd.
Each fiscat projection shall includc cstimatcs of rll known
public improvcmcnt costs: timing of dcvctopmcnq ncw dcvclopmcnt
valuations; total annual propcrty taxcs pcs typc of. usc: short
tcrm construction jobs, mining jobs, and cstimatcs of pcrmancnt
i)bs to bc crcatcd bascd upon thc cad uscs proposcd; and thc
numbcr of houscholds. occupaats rnd school agcd childrca that
could occupy thc sitc aftcr complction of cach phasc of cnd use
dcvclopmcnt.
(2) Sizc. Thc proposcd 'SG' district 3hall covcr ln arca of tt
lcrst twcnty (20) acrcs. (Thi3 .limitrtion shall aot apply shcn
thc tract of tand is contiBuous to 8a rctivc sand lad gravcl
opcrrtioni providcd thrt both rrcts trc bcing opcratcd by thc
sane produccr.)
6
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(3) Access. The sand and gravcl district
acccss to non-residential' collcctor
sufficicnt load carrying capacity to
thc sand rnd gravcl opcration.
)
sholl havc d ircct
or county roads ofstrcctS
scrvc traffic Scncratcd by
liil l11 ;,ri ir; '11'
(4) EnvlronncDtrt IEp.cts. An cnvironmeatil impact statcmcnt (as
dcfiacd by Minncsota Environmcntal Quality Board Rulcs) shall bc
complctcdforcachgravclminingprojectproposcd.Thcproposgd
grojcct shsll mcct thc rccommcndcd stendards providcd by thc
mandatory cnviroamcntal impact rtatcmeat' Thc rcspooscs rtrd
tccommcndationsofthccnviroamcntalimpactrEtcmcntrhallbc.
considcrcd by thc City Council grior to rny fiaal lction on a
rczoning rcqucst. Thc application for rczoning shall not bc
considcrcd comptctc until such timc rs final commcnt hrs bccn
reccivcd on thc adcquacy of thc coviroamcntal impact statcocnl
(d)PcrnlttcdUscs.Withinany.SG.dhtrict'no3tructuscorlandshell
bc uscd exccpt for onc or morc of thc foltowing uscs
(l) Pctmlttcd UtGr.
i. All typcs of sgricultunt pussuits. liEitcd lo thc
raising of crops and othcr glaat matcrials"
ii. Commcrcial grecnhouscs aad nurscrics'
(2) Couditiouel Ussr. Withio lny .SG' district thc cxcavation'
hauling, minint, stockpiling or proccsing of rand aad gravcl
dcposits and such buildin3s ud cquipocat 13 trc customarily
incidcatalthcrctorincludingcoDctctcradlsphaltpt"ot'"tt|ay
bc approved by thc City Couacit thtough thc i3sutncc of r 3rnd
1
ts
and S,rrvcl conditional usc pcrDit. Coaditions rc8'arding
opcrations aad sccttmation/rchrbilitatioD oay bc atiachcd lo thc
conditional usc pcrmit for thc sand aad gravcl opcration in
otdcr to sssurc coopatibility with prcscat ead futurc land uscs'
For purposcs of cafotccmcat conditions rttrchcd to said pcrmit shsll
bc coosidcred ! gortion of thc City Codc.
(i) Withia ! tlod rad gravcl districr, uy ccntratizcd
-- r- proccssing washinS or crushing plant for oatctials Such as
ts t"\ \i l\*". rnd srevcl, coacrctc' $phrtr or othcrr shltl bc
allowcd only rs I portion of r coaditionel use gcrmit' Said
plaot 3hall bc locstcd ia a pcrmaacnt ccntralizcd location
within thc cxcrvrtioa ritc. Exccpt whcrc thc rpplicant cen
dcmonstratc thrt thc plaat can Ecct strtc end fcdcral air
tnd nois. standards rt thc projcct ptopcrty lincs, said
grocessing Phtrt thltt bc complctcly cacloscd within a
closed buildint with sllls from floor to cciliaS (cxccpt
for matcriels cntrics/crits lnd doorways) rnd a scalcd roof
(crccpt for stcan lnd hcat Grchrngcts) in ordcr to scducc
air particulatc and noisc pollution.
(ii) Portabtc. pil facc crushiag cquipmcnt mry bc tpproved ls a
portioa t conditional urc pcrmit providcd:
a. Thc location of thc Dort blc crushing cquipmcnt mccts
rtl mining rtrd/or crc.v.tion sctbecks fot thc arca in which
it k to bc locltcd.
b. Thc top of thc portrblc crurbiag cquipmcnr rtrd lll
t
convcyor systcms arc pliccd a minimum of 15 fccl bclow the
cxisting gradc of thc noncrcavatcd pit cd8c or constructcd
bcrm protcctsd within thc pcrmlncnt sctback from
Dropcrty liacs- 1.,i.
(3) Acccssory uses as pcrmittcd undcr lubscctioa Al'31(d)' ft t 'r i
(4) Prcviously pcrmittcd, existing uscs aot iacompariblc with sand
and iravct opcratiols.
the
li',
ti
(e) Notlflcrtloo Process. In addition to thc zoning rnd conditional usc
pcrmit aotification proccss rcquircd clscwhcrc in this codc' notifications
ofthcproposcdsandandgravcldistrictrczonin8rnd/orconditiooal-use
pcrmit hcaring shall bc publishcd oncc in thc official ncwspapcr of the
city and mailcd by thc city clcrk at lcast l0 days priot to thc hcaring to
all city propcrty owncrs within 3600 fcct of thc propoicd ccDtrll plant
proccssing sitc or within 350 fcct from thc propctty lincs of thc
proposcd district and sand and gravct conditional usc pcrmit, whichcvcr is
grcatcr. In addition, rhc city clcrk of cach city u,ithin 3600 fcct of thc
propcrtylincsshatlbcnotificd.Thcapplicantshallsupplytothccity
clerk a ccrtificd list of atl city propcrty owncrs wilhin 3600 fcet of thc
property lincs of thc proposat within thc city limis rnd thc adjaccnt
city clcrk's busincss address. at lcast 30 days prior to thc hc.ri8t datc.
Ar lcast l0 days prior to thc hcaring' the City Planncr shall post public
hcaring noticc sign boards on glt sidcs of thc propcrty which arc
adjaccnt to a public riSht-of'way.
,\
$D
9
)
(f) Pcrfororncc Strortrrdr. In 8ny 'SG' district' thc fotlowing
pcrformancc standards shall bc obscrvcd:
(l) Poroit Rcqulrert. No saDd aad grlvcl opcrations shall occur cxcept
uadcr thc tcrms of ea rpprovcd sand lDd Srrvel conditional usc pcrmit
with a Planncd Unit Dcvctopocot Atrccmcot for Ph'scd rcclamation and
proposcd end uses of thc l8nd. After issuaacc of said pcrmits' thc
applicant shall bc subjcct to aB tnnual Gxcavation pcrmit issucd by
thc City Couacil.
T
(2) Fcach3. A mininun rix'foot (6) high chain link typc fcncc
mccting Minacsota Dcpa Ecnt of Trrnsportation standards for right'
of-way fcncing shatl bc co$tructcd tt thc propctty linca rt rcguired
fcncc actback lioes rloag atl Psopctty lincs by thc opctator to
controt lcccss to ltry crcavatioa froo rdjaccnt devclopcd rcsidcntial
propcrty.
(3) Hour of oporrttorr for crc.v.tion. procesing end truck
hauling,.
i. Arcrs
maxrmum
(cxccpt
hauliag
thcsc
thousand
adjaccnt
LGss th.! 3500 fcrt to Rcsldcnthl Arcls. Thc
hours of opcretions for excavrtion, processinS,
coocrcte and $phrlt proccssiag), and truck
equipmcat ia I rand aod tnvcl district wherc
rctivitica lrc locetcd clo3cr lhlo thrcc
sir hundrcd (3.600) fcct to thc city's.or rn
city's, devclopcd or zoacd rcsidcntiel
t0
SR N$
propcrry which cxistcd prior to thc cffcctivc datc of
this ordinancc or zoning map amcndmcnt, shall bc 6:30
a.m. to 5:30 p.m. Monday through Friday unlcss
othcrwisc stipulatcd in thc epprovcd colditioaal usc
pcrmit brscd upon noisc rad eir pollutioa coatrol
mitigation mcasurcs.
ii. Arces norc lhrn 3500 fcct from Rcridclthl Arcer'
Thc maximum hours of opcratioo for crcrvttiotr.
proccssing (exccpt concrctc rnd rsphalt procelint)
.nd truck bauling cquipmcat in e rand ud Srrvcl
district shcrc thcac lctivitic! lsc locltcd flrtbcr
thsn thrcc thousand six hundred (3.600) fcct to thc
city's, or !n adjaccnt ciay's, dcvclopcd ot zoncd
rcsidcntial propcrty which cxistcd prior to thc datc
of this ordinancc or map amcndmcnt, shall bc 6:fl) a.n-
to 6:00 p.m., Monday thtough Satutday, unlcss
othcrwisc stipulatcd in thc lpprovcd conditionel usc
pcrmit bascd upon aoise and air pollution control
mitiBation msasurcs.
iii. Procasslng end Mixln3 Exlcldcd Houtr. Thc maximum
hour3 of opcration for concrctc rnd .sphrlt proccssing rnd
essociatcd truck hauling cquipmcnt (not excavrtioo or
crushing) in I ssad lnd gravcl district whcrein thc
proccslint cquipment is tocatcd in a ccntralizcd location
i it
U
lt
It
tt [\$
,i
and within an eocloscd proccssioS building shall bc 5:00
a.m. to t0:00 p.m- Iv!,onday through Saturday, unlcss
othcrwisc atipulatcd in the epprovcd conditionat usc pcrmit
bescd .upoo ooisc end eir gollution coatrol mitigation
mcasurcs.
P) Soll end Wrlcr Collcrretlor ud Wetershcd Rcvlcw rnd
\\Rlloomeodetloas. As ! prrt of thc oriSioal applicatioo for a
cooditioaal usc pcrmit. rnd tlsuslty sith thc lpplic.tion for an
cxcavation gcrmit. thc rPplicaat thatl submit trading glans .nd
phascd rchabilitrtios plans to thc Dekota Couaty Soil rnd W3tcr
Conscrvation Scrvicc rad to thc Vcraillioa Rivcr Vatcnbcd M.oltcmcDt
Organization for tcvicw lnd sccommcodetions. Said rccommcndrtioas on
thc phascd rchabilitation Sradint. soil and wltcr rctcntion plans
shall bc rcvicwcd annualty by the City Council end may bc includcd as
a coaditioa of thc cooditional usc acrnit or thc ranutl srcavetion
pcrmiL
12
satE^cG rrol PaO€lrl e zolrrc otsrltc, 8q'DAntEs lro cttsrtrc g'IlDtrcs
'-'"""::::""'
Grl ot zolEo (x usED ta z'rlED B I',SEO t t(,ro
rs.rst.Sriiiipiii crrn' c tmusrntrt t'o'u'
Itil 1;,tcrrsiing Ptjtr) ?ctt!.Glt
b) Plt fE'I.Qor.t,2600 ttrt
t000 fc.t
fsE.ct. PIantr) tn Eirto3ld !tds. t00O ,rct
b) ErtGrior 2600 lcct
1000 f.ct
500 fcct
llD fccti(m fcct
ld) lcrt
!m tcct
Yn tcct
!000 l..t
t000 tc.t
2600 fcct
aOO tcrt
& lcat
lqlo fcct
600 t.ct
@ fr.t
t0OO. fcct
600 lctl
trravatisr tatdIinlt! tt ?lt l.c.
3tatpi t.3
lnrt Prtlng
sd rLlntlrrlrc
!0 f..t A
"'t
lO f'ct
----ioo i*. $o 'r't !& l'rl
too f..t !([ L't !o t"t
#it,Il" t6 rcrr ! l'"t.-- Y'ri6
,frnttfrtlnafnn'.inlttri-tilii..
rEtG[ LurrArrols tc !El[ls. I*ts llD Pt rr3
Itlric, sGco.i.ry or 40 tcct a0 fc.tstctpi tc SG I.litt a0 tcct
95 f..t 9'lcct 9' tctt
Adj.ccnt to rcsidcatiel dcvclopcd or zoncd arcas, cxcavrtion,
rnd stockpiling shall oot bc cooductcd closcr thrn tbrcc
(300) fcct to rny city or rdilccat city's rcsidcntirl or
dwctliog srtuctutcr rcsidcatial zoaing boundary. or
rcsidcntial ttructutc 'parti cxistiag oa thc approval datc
sand and gravcl conditioaal usc pcrmiL
mining,
huDdrcd
mulliplc
proposcd
of thc
t3
)
(5) Sclbrck rnd Slopcs lo Adi'cent Uses or Zones'
EERM HEtGHTS. SETBACKS FROM PROPERTY OR ZONTNG DISTRICT
BOUNDARIES. AND EXISTING BUILDINGS DAYTIME AND NIGHTTIME
I
t,
atdl.l,t tlstit tn trrtccd llog.
b, Extcrior
c) scn6.r l,o|{3
Lrirl lqcr or
Ptmt lcirtt
&oYr 3a3G Elevrtl.I!
Adjaccnt to aon-rcsidcntiatty dcvctopcd or zoncd arcas, cxcavationi
temporary crushing, intcrior coocrctc and lsphalt Production,
scdimcntation poods and stockpiling without bcrminE and vcgetativc
buffcring shall aot.bc conductcd closcr thatr thrcc hundrcd (300) feet
to tbc boundary of an adjoiaiag propcrty liac cxcept to rcducc the
clevation thcrcof in conforming to thc rdjoininS' propcrty. as
stiputatcd in thc coaditional usc pcrmiL Exccptious:
i. In thc last cightccn (tE) mooths of operatioa, aftcr filiag
writtca aoticc of intcat to complctc opcratioas, ths opcrator
may complctc cxcavation end rcctamatioo opcrations to within onc
hundrcd (lO0) fcct from any Don-rcsidcntial proPcrty linc.
ii. In thc annual cxcavatioo pcrmit, thc opctator may tcqucst
approval to complctc tcmporary crcavatioa and tcmporary crushing
to within onc hundrcd (100) fect from any propcrty tinc for a
pcriod of one ycar. grovidcd thc maximum hciSht of .ny
crcavation, tcmporary crushing cquipmcnt or tcmporary stock Z,
pilcs locatcd lcss thao cct from thc
propcrty linc is at lcast ci8 (t) fcct bclow thc avcratc
<?
\\
t
hcight of thc rdjaccnt bcrms within thc 100 foot mandatory
sctbsck.
During cxcavation opcratioas, thc alopc to thc botlom of thc pir from
thc rcquircd sctback linc shall bc Do g,rcatcr than two (2) fcct
horizontal to onc foot vcttical. All aoa-protectcd or untrcltcd soil
banks or pit bottoros of cxcavation arcas lot cxcavatcd to a ground
hirtccn hundr (r000)
l4
$[I I.f I
(6) Sfopcs to W.t.? Bodtcr. All tround wrtcr or stotm uatcr ltoragc
arcas rcsulting from cxcavation shall bc rchabilitatcd rs follows:
i. Any storm wetct oond q)nstructcd for intcrim or final cnd
uscs rhatt h.vc r minimum lU) foot o.tural plrnt matcrial shorc
tand buffcr zonc rctback consttuctcd by thc tppliclot es part of
thc rcchnatiotr of thc ritc.
;,
u 'U
ii, Storm watcr oonds rhall havc shttlow wrtcr slopcs of
20:r in arcas "sr'-;.;;;-';!*)odo.
3 {"'' '-l'.,'r
lerr rr.-. 3[a,.. d r"rr" cL{r-
l0:l to
iii. tn man-madc rround wetcr lekcs- thc botlon conlour shall bc
gradually slopinS from thc rhorclioe to thc dccpcst pottioa of
rhe watcr body rt t maximum slopc of 3ix (5) fcct horizontal lo
t5
t.)
watcr producing dcpth shall bc lcfr $iih a slopc no stccpcr than tcn
(lo) pctccnt crcept !s rpccifically sripuloted in thc cooditional
usc pcrmit or lanual pcrmit to Earch Gristitrt clcvatioas oo edjaccnt
propcrty. Grcltcr rlopc may bc pcrmittcd if it is in substantial
coaformity to thc iEDcdiltcly sutrouading rrcs' tflhcn crcavctioa is
completcd oa r rcctiotr of thc Dit rll crcsvatcd rrc's thall Oi,i ,,,i t t,,,
finish grgdcd rnd rccdcd in coaformity to thc lurrouadiat natriral /':
topotraphy rad in tccordancc eith thc city's conprchcnsivc guidc
plan. Thc artdes shall providc for sufficicnt drainrgc !o thlt both
naturat !trd stotm watcs lcavcs thc propcrty rt thc originll or
natural draintSc poiats showa oa thc plan. Grccpt whcrc othersisc -
dcsignatcd by thc city cogiaccr.
onc foot vcrtical (6:t) for at lcast onc huadrcd (100) fcct from
thc proposcd shorclinc toward thc ccntcr of thc watcr body'
Bcyond 100 fcct ia horizontal distancc. thc sloPc of thc bortom
cootours may bc stccpcr. than 3:l or rs stipulatcd in thc sand
aad gravcl miniag coaditioaal usc pcrmit.
iv. Shorclinc slopes cscending from ltry watcr body shall
sot cxcccd onc foot vcrtical to sir (6) fcct horizontal
crccpt ts stigutatcd io thc conditioael usc pcrmit or
cxcavation pcrmit.
1\
(7) Setbeck end Stopcs Atong Sttecl3. S.nd asd Sravcl crcavatioa. -
shalt not bc conductcd closct tha[ oac huadrcd (100) fcct to thc
right-of-way linc of any cristing or plattcd strcct, ro.d or highway'
Exccption l: Excavation may bc coaductcd within such limits in
order to rcducc thc clcvation thcrcof ia coaformiag lo a strcct
grade cstabtishcd by thc city coginccr' ls gtipuletcd in thc
conditional usc pcrmit for thc opcratioo.
l6
!
Exccption 2: In thc last cightccn (lE) Donths of opcration'
aftcr filing written noticc of intcnt to complctc opcrations,
thc opcralor mty complctc rcclamation Sradiag opcrations within
thc fOO foot rcquircd tctback to any right'of'way propcrty linc.
Thc final slopc to thc bottom of thc pit from thc rord right-of'
way linc shall bc [o trcatcs lh.a thtcc (3) fcct horizontal to
one foot vcrti6l.
. - \ ll\
!\\\i\ ":
il
(t) Sctbrcks of Acccss Rords' Thc mining sctback arca rcquircd may'
in part, bc uscd for a ccntral, pavcd acccss road !s stipulatcd
thc conditional usc Pcrmit.
ln
(9) Vlsurl Scrccalng. Thc minimum tcquircd sctback arca (scc section
5) along all cxtcrior proPcrty lincs shatl bc bcrmcd, laudscaPcd
,11d
plantcd in accordancc with thc tcrms and conditioas of thc sand' end
gravcl conditional usc pcrmit' Wilhin thc rcquircd sctback 'rca' thc
IOO fcct adjaccat to thc propcrty linc ahall bG bcrmcd (thc 'primary
bcrm') to a hsig,ht of t6 fcct, with a 2:t slopc rnd landsc'pcd with
a sccdcd fibcr mulchcd turf and conifcrous trcc sccdliogs to a
dcnsity of EOO sccdlings gct lcre All atcas within lhc rcquircd
setbrck shall bc landscapcd with ! sccdcd turf sithin 15 days of
cxcavation.
Proccssing plrnts and towcrs from cru3hia8, coocrctcr tnd asphalt
ptants shall bc loc.tcd rt thc towcst or basc ctcvltioa on thc sitc
Thc hcight of thc plant and towcrs, tnd thc basc clevatioa shall bc
stipuhtcd in thc conditional usc pcrtnit. Ptant lnd towcts shall bc
scrccncd with sccondary stockpilc bcrms Bot to crcccd 40 fcct in
hcight.
(10) rVecd Cortrot. Wccds and othcr unsiShtty or norious vcgctatioo
shalt bc conttoltcd as ncccssaty to prcscrvc thc lppcarencc of thc
landscaped !rca. Exbti!8 trccs lod topsoit rtong cxistiag public
rights-of-way shrlt bc prcscrvcd, maintaiocd aad supplcmcntcd for thc
l7
)
\E
.$'N$.
$s*
(ll) Locrtlor of Drivcvry Access. All mcans of drivcway acccss to a
sand and Bravsl opcration. from any strcet shatl bc so locitcd and
dcsigned ts to svoid thc routiot of vchiclcs from thc propcrty ovcr
strccts that primarily scrvc abutting rcsidcotial dcvclopmcnL
(t2)-lPevtrg Acccss Rords- All lcccss roads from e saad ead Sravcl
,1 1\
\fb.ri\ioo to any public roadway shall bc pavcd with .sphalt or
cotrcrctc for a distancc of at lcast six hundrcd (500) fcct to -the
intcncctioa with a gublic roadway to mioimizc ' dust conditions.
Acccss roads bcyond six hundrcd (600) fcct shall bc trcltcd with a
dust rctardant on a rcgular basis es stipulated in thc annual
cxcavation pcrmit.
Soit tracking from truck hauling onto public roads from thc acccss
road may also rcduccd through improvcmcnts rcquircd as part of thc
annual cxcavation pcrmit Thcsc improvcmcn$ mry include, but arc not
limitcd to:
a. Extcnsion of thc pavcmcnt lcngth on ahc acccss road.
b. Instaltatioa of " *"rh facility and wash reck.
(13) Dust Conlrot Strndrrdr. All internal roads and acccss toads
within thc saad tnd gravcl opcratio$ shrll bc trcatcd to minimizc
dust conditioEs as stipulatcd in thc coaditional usc pcrmit or
dcpth of the sctback or as stiputatcd in thc couditional usc pcrmit
or cxcavation pcrmit.
IE
crcavation Dcrmit. Alt proccssin8' cquipmcnt shall bc containcd wilhin
r fully cnctoscd buildiog. Atl stockPilcs hiShcr in clcvation lhan
thc pcrm!ocnt bcrms along propcrty lincs shall havc pcrmancnt
:prg!!9rttr87[t1rnx3yr."l, to rcduce wind ctosion from lhc atock
pilc.
+
..{
,. Util'',,',t. +
?;j;5:y
.*r*j:'"
''
td
!l t,ttI
oo
(14) Noisc. Thc maximum noise lcvcl at thc pcrioctcr of thc sitc
shall bc within thc timit 3ct by thc Minncsota Pollution control
Agcncy and US. Environmcotrl Protcction Agcncy. In ao casc shall
thc noisc tcvcl cxcccd 50 decibcls mcasurcd !t 3600 fcet from thc
noisc making cquipmcnt or activity. All proccssing cquipmeat shall- bc
locatcd in cncloscd buildings or surroundcd by bcrms et lcast 30 fcct
in hcight. Att scrccns, hoppers. aad convcyors bclts shrll bs oon'
mctallic.
NOISE LEVELS AT SPECIFICSETBACKSSHALL NOT EXCEEDTHE FOLLOWING:
Equipmcnt tOO fcct IOOO fcct 2(X)O fcct
i. Ccntratizcd Crushcrs: tE dBa 50 dBa
ii. Pit Facc Crushcrs; E3 dBa 50 dBa
iii. Front End Loadcrs: tl dBr 50 dBa
iv. Atl othcr Machincry; t0 dBa 50 dBa
( l5) Wrtcr Pollullor. Opcrators shrll comply with all applicable
Minacsota DNR rnd Pollutiotr Coattot Agcocy rcgulations rnd US. Corp
of Enginccrs lnd Eavironmcntrl Protcction AgcDcy rcgulations for thc
protcctio! of vatcr quality. No wastc products or proccss rcsidue.
including untrcatcd wastc wlsh water, lhall bc dcpositcd in eny lakc,
sN'\1
v
!
l9
\\i i\,
.3trcam or naturat draioa8,c systcm crccpt that lakcs and ponds wholly
contained within thc crcavatioo sitc may bc utilizcd' All human
wastc Eetcrials thalt utilizc city ccotral rwcr disposal or scalcd
. )scp.lic taaks with oonthly scptic tank pumpioS,s'
r r\ \'; 1\
(t6) WlstcrYllcr. Operators shall disposc of alt wastcwatcr uscd oo
rhc sirc in r.aoncr which will oot edvcrscly effcct rdjoining
propctty and shall usc ailting goads or othcr mcras of disposiog of
thc 3uspc8dcd sotids ia thc rlltc wttcr ts stipulatcd in thc
conditiotrat usc pcrmit or cxcavation pcrmit aad .pprovcd by thc city
cngincct.
(17) Rcmovrt of Bulldlngs. Within e pcriod of cightccn (lt) months
aftcr filing lettcr of intcnt to 'Complctc Opcrations' ot within six
(6) months aftcr dctcrmination by thc Council that thc sitc has bcen
abandon by thc aand and gravcl opcration, ell buildings' structurcs
and plaots iacidcntal to such opcratioo shatt bc dismrntlcd and
removcd by and at thc cxpcnsc of thc sand and gravcl produccr last
opcrating such building, ttructurc or plant,' o, rhc owBcr of thc
propcrtyi untcss thc structurc ot usc is compatiblc with thc
anticipatcd ultimatc usc of thc propcrty. All buildiags' structurcs
or plants trot rcmovcd es rcquircd by this scctioa oay bc removcd by
rhc city with thc costs for said rcmoval chargcd to thc produccr last
opcratinS oD thc propctty or thc ownct tbc propcrty.
20
l;)
(lE) Topsoil. StrippinS of topsoil from cithcr 'A' or 'B' soil
horizons shalt bc doae only from Novembcr I to May I of cach
Gradcd or backfillcd lrcas (or banks in thc casc of crcevetions
to a watcr produciaS, depth) lhrll bc covctcd' with topsoil
a--
Ll
ycar.
madc
tor
minimum dcpth of four (4) inchcs as part of thc reclamatioa pFoccss'
Suih topsoil shall bc capabie of supportio' thc growth of vcgctationi
The opcrator shall guarantcc that Githcr t) atl 'A' horizon topsoil
scrapcd from thc sitc shatl bc rctaincd st thc sitc rnd uscd as
surfacc soit in pcrmancnt bcrms or uscd for thc Gomplcte tcstoration
of thc sitc , or 2) a pcrformancc bond guaraatecing that thc opctator
will rcplace of 3ll topsoil (to a depth. of 4 inchcs) ocedcd .for
rcclamation of thc sitc is filcd with thc original coadilioaal usc
pcrmit. Othcr soit rctcntion mcthods Day bc stiDulalcd in thc
conditional use pcrmit ot cxcavation pcrnit"
2t
(19) Lendsceptng. Upon rcplaccmcnt of tbe topsoil' trccs' shrubs.
lcg,umcs, gEsscs or othct grouad covct similar to Minocsota
Dcpartmcnt of Transpottation Mix * tfi) shall bc plantcd upon such
arcas in ordcr to avoid crosion. Such testorrtion shatl bc on r
continuing basis as crclvadon is complctcd. Bcrm. stockpilcs'
drainagc channcls and sctback ttcas shrll bc sccdcd withio l5 days
aftcr thc complction of final gradiog. All culvcrt invcrts and
outlcts shall bc soddcd sithia 15 days aftcr complction of final
grading.
Thc appticaat shall bc rcspoasiblc for fiaal Srading rad tcsccding of
-. ti\ \'riil \,'i r'\ i,,
wit
rcc
all rcctaimcd land. includinS, public park land. Secding shall occur
bctwcen Aprit t5th and August l5th. Oo slopcs grcatcr than 6%, sccdcd
soils shall mulchcd with ! fibct or straw hyrdo-Dulch and tacking
aBcat. On slopcs lcss tha! 6%,. a disk anchorcd straw mulch may bc
uscd. Soil crosion fcnccs, balcs, dikcs or combiastioas thcrcof shall
bc uscd at thc basc of slopcs Srcatcr t[aa l2%. Stakcd fibcr blankct
or stakcd sod shall bc insttllcd oo lll sloPcs Srcatct than 2:1.
{
Rectraetlon, Rc3torrtlotr, Rchrbllltttlon. Thc applicant shall comply
h thc fotlowing timc limits rod standards duriag partial and complctc
lamation of thc sand and gravcl sitc.
(l) At thc timc of ioitial lpptication, lnd .s ln anDual updatc is
occcssary durinS thc rcvicw of the srcavation pcrmit' thc applicant
shsll mcct thc tcquircmcnts and proccdurcs for 'q Planncd Unit
Dcvclopment (Scction At-{6 aad AlnlT) illustratint ell prcscnt rod
futurc stagcd uscs proposrd for a sand and Sravcl sitc undergoing
rcclamatioa. Thc city may combinc public hcarings for thc conditional
usc pcrmit end planncd unit dcvelopmcnt cnd usc plan, Each annual
crcavation pcrmit shalt bc attachcd to thc original conditional usc
pcrmit as an amcndmcnt thcrcto.
W
N"v
Each annual crcsyation pcrmit shall contaia an cnd usc rcclamation/
rcstoration/ rchabilitation ptan for the lrca ia which mining has
bccn complctcd for that ycar.
22
lt
(2) Atl collcctor strccts tight-of-r'ays and utility corridors
approvcd as part of a Planncd Unir Dcvclopmcnt shall bc fixcd in
vcrtical and horizontsl location and rccordcd s'ith thc County
RccorderaspcrthctcquircmcatsofthcofficislMaPpinsstatutcs
462.359 prior to thc issuancc of thc first crsivltioa pcrmit for thc
sitc. Thc approvcd and tccordcd official arap may bc lmcndcd from timc
to time and rc-rccordcd aftcr approval by thc city council:, i
\
l,
(3) Watcr Bodics and Draioagc Plans All psopdcd cad uss
drainagc, storagc, surfacc run-off tad man'oadc ground watcr
takcs or wctl.ad plans are subjcct to rcvicw by tbc Ycrmillion
Rivcr Watcr lylanagcmcat Orgaaization. All Srouad watcr lakcs and
ground watcr wctlands crcatcd as part of rhc cnd usc plan for a
mined arca shalt bc subjcct lo thc city's shorcland mattagcmcnt
ordinance. Such lakcs and wctlands and dcvclopabls lrnds $'ithi!
5OO fcct of thc shorclinc shall bc classificd l! 'rccrcrtiooal
dcvclopmcnt' arcas tnd shall adhcrc to rll dimcnsional critcria
listcd i! Scction Al-49 (in cffea oa thc dltc of thc original
conditional use pcrmit approvat) unlcss othcrwisc atipulstcd ia
thc conditional usc pcrmit
"r
a.,cr.
o.$
oi'S
Alt drainagcways from impcrvious surfaccs offlna Una uscs shalt bc
graded and draincd in such a manncr to direct such runoff to surfacc
watcr scdimcntation and filtration ponds or wctlaads prior to rclecsc
into aoy groundwatcr lrkc or wctlatrd.
1
3
21
t)
'$\
Ground watcr takcs and s'ctlands which arc Srcatcr than l0 acrcs in
watcr surfacc crcatcd ls a Part of thc mitrin8, crcavations shall bc
gradcd ro allow for cad usc public pcdestrian acccss systems within
shorcliacs dcsi8natcd for public ownership.
\) Grading. As a portion of thc Plaancd Uait Dcvclopmcnt, thc
(h) Nonconfornilg Uscc:
(t) Any sand and gravel opcr.tion cxirting lad oot it compliancc
t',-\b
24
rgpticaat shalt submit gradiag plaas, including 2 foot cootour
intervals. illustrating thc proposcd finat gradcs within thc portion
of thc sitc rchabilitated cach ycar with thc rpplication for rn
annual cxcavation pcrmit. Att rshsbilitation arcas which are planncd
for taod aad building uscs (othcr th.n pcrmaacat opcn spacc or.
agriculturc) shall havc a finat ctcvation at lcast fiftccn (15) abovc
thc normal ordinary groundwatcr lcvcl: and, such arcas shau bc
plrnncd for gravity conncction to thc city's municipal sanitary sewcr
or storm scwcr system or as approvcd by thc city cnginecr. If a final
clcvatioa plan for thc ritc has aot bccn submittcd to thc City
Council for approval within rix (6) months aflcr abandonmcnt or
complction of opcrations, thc city may contract to complctc thc
grading ptans and thc on-sitc carth movcmcnt rnd rchabilitation work
and charge thesc cnginccriog and construction costs to the applicant
or currcnt opcrator's pcrformancc bond and tssess thc owncr of thc
propcrty for any cosB not covcrcd by the pcrformancc bond.
(2) Any sand and Sravcl opcration cxistiag and in compliancc with
grcvious city ordiaanccs oD thc datc of ths rdoption of this
ordinancc shall bc pcrmittcd to continuc subjcct to thc following:
i. Such uscs shall not bc pcrmittcd to crpand its
opcratiotr bcyond thc limits of thc pcrmit undcr which it is
prcscntly opcrating.
ii. Such uscs shall bc immcdiatcly subjcct to thc final
grading, landscaping. slopcs, utility and roadway
pcrformance standards of this ordinance and shall comply
with all provisions within cightccn (lE) mooths or tftcr
complction of crcavation, the city shall complctc thc
rcstoration !ad utilizc pcrformancc boad procccds and
asscssmcnt of additional costs to pay for such
,t:,-4!#rl'l
,o{-trw
zs
*o'*',, b "/J'/4' E.(*
lr#;r;"'&'^*/
4
)
with prcvious city ordinanccs on thc datc of thc adoption of this
ordinancc shalt bc considercd a nonconforming usc until such timc as
thc propcrty is zoncd 'SG' sand and gravel disttict. i , ,rt :t
, ,I\,
...i1
\'l
Scclion 3. Section Al-4E as rcviscd is hcrcby addcd to thc City Code' Any
pcrson viotating thc provisions of Scction Af-4t or any gcrmit issued
thcrcfros\ shall bc guilty of a misdcmcanot and shall bc subjcct to the
pcnllties listcd itr scctioa l-E aad/or shatl bc subjcct to tcvocation of
att pcrtincat pcrmits. Yiotatiols of conditiotrs . 3tipulatcd in t sand aad
gravcl mining conditional usc pcrmit shatl bc considcrcd as violations of
rhc city codc and arc subjcct to th€ pcnaltics listcd iir Scction l-E of
this Codq,l t\(
I\. "
Se'crion l. Effcctivc datc. This ordinaacc rhatl lakc cffcct upon its
passagc aad publication.
Passcd by thc City Council this
-th
day of
_- t990.
W. E. Branning, Mayor
ATTEST:
Mary E. Mucllcr. City Clcsk
26
)
CITY OF
CHIIIH[EEEI{
enaorsr" y' dK
6b
lilodilieC--
Y::::*,'nz-.
Dale Subnitted to Coirinlssion
690 COULTER DBIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 5531 7
(612) 937-1900. FAX (612) 937-5739
Adion by City Ajministrator
UEII{ORANDUM
TO: Don Ashrrorth, City lrtanager
FROM: Paul Krauss, Planning Director
DATE: February 8, 1990
SUBJ: Moon Valley Aggregate,rnc. , Threateneil Litigation-@-
Ddc S:rlrttled to CaJIlcll
Staff has received a letter from Michael Deyer, the attorney for
Uoon Valley Aggregate, Inc. In the letter Mr. Dwyer threatensthe City r^,ith an S800,000 law sult ilue to the action that was
+
states
1d not
not
tion to prohletter furth
he law suit
ves
1r
er
cling
sh
Dwy
9ar
I
noteal that Mr.
son directly reCity has beene for the Cityvately regardinl I
an
on
t
repare
di rectiptovenCity Attor
vation as
e
ca
t
ex
hrk withing andl
ibi
er
u
s
wo
oe
a
c
t
t
ity Attorney to take aay from the site. The
ng a compromise, that
a1lows the clay to be
ordinances regrrlating
lr :.lty Attorney reported t, we indicated that anor pursuing this issueion. A copy of this 1torney. It should bemyself nor Roger KDutitigation against thee it would be advisabl
irect the C
moval of cIy of offerif the City
any further
taken to dfurther rethat by wa
be filed i
and the Ci
Moon Val.leyavailable fof litigatthe City Atted neitherr. Since 1, we belLev
i
a
c
u
1
n
Pe
n
u
etl and d
valley I
emov
Itoon
o the City Councily of the alternati
would likely resuetter hag been for
institute
operati on .
has contacthis matte
threatened t
t
akAttorney to
natter .
L
n
II
ou
e
c
r
v
Staff is c
ord iananceof the Cit
When staff
regartli ngthat werein threats
waraled to
owo
JDIN
]
)/61
"atDarrcr !. t{oaaa..lu3roi :. .uxao.
ro.rra o- a.rrr!5r^o
rooDru.r r. ^-Dta-a
J. rrci^a! colrsrlr
trao?ir D. ror.tt-
ar xr r.^r9t.rd
rrarxar t orr.ra!
ronr r. a.arttr.ai. Lirriaaru.a
February 6, 1990
D vro J. ouoDL.atox
txar! ^. r.6aLrarra
ou^.. G.Jorr30r
tHrir! !.coatrrxaa.a.^D!ar J. acHrrot
Itlr. Paul NraussCity Planning DirectorCity of Chanhassen
P. O. Box 147
Chanhassen, I{innesota 55317
ti i;Clt r/s.lJ
FEB 0? 1990
clTY OFCI{ANI{ASSEII
Re: Itloon Valley Aggregate Inc.
Dear !1r. Nrauss:
This Iaw firm represents the interests of lrloon Va11ey. We
have been asked to notify the City of Chanhassen of lrloon Va11ey.sintent to commence an action against the City for its arbitary
and confiscatory conduct relatlng to Hoon VaIIeyts operations.
Hoeever, we wish to explore a compromise resolutlon prior to
engaging in the extensl.ve litlgatlon which would be necessary toprotect Uoon Val1ey's rlghts and recover lts noney danages.
The City of Chanhassen has taken stepsl by way of itsresolution at the hearing before the City Councll on January 22,1990, to prohibit the clay extraction from the Moon Va11eyoperation. The City Is also apparently considering passing
ordinances directly to the detrinent of the lrloon Valley
oPeration.
uoon Valley has operated continuously ae a aanal, gravel andclay extraction faclllty for several yeara. Its operatlon ra6legal and ln existence at the tine Chanhassen first passed Ltszoning ordinances tt 1972. Irtoon Valley was purchased fron Waltercriepentrag ln 1986 by Thona8 and Beatrice Zulels. Its operationhas been continuous slnce that tirne. Both the Zwiers andGriepentrags have removed clay deposlte fron t{oon Valley aincelts Lnvestrent. Therefore, the clay extractLon at iasue l,B acontinuation of the nonconforrning usei l,loon Valley has excavatedclay for years. Thls ls not an expansion or enlargenentprohiblted by Clty Code, Division 4, Sectlon 20-71 .
)
MACKALL, CROUNSE E. MOORE
LAYi/ C)FFICES
1300 TcF towEF
Itt 5OU"H EIGHA|t STF E EI
xrxNEAFOL|A, HTNNEgOTA 65.02
?:!EFnOXC Crt.ltt-lt.l
tAC3lrall.a tll-aarl
ia.rY c.r^c4r t.aa!-ratal.otEd r.c.ouraa oaaa-.rt4trrr.r .. ioo.a oa--rlaa) _
MACKALL, CROUNSE A MOORE
Ur. PauI Krauss
Pebruary 5, 1990
Page 2
The renoval of clay deposits n111 pernit the affected areato be useil for agrlcultural purposes. The existlng topography ishilly and poses significant erosion plannlng problems to tenantfarners. The clay removal will level the affected area--there isno lntention to excavate below the level grade. ?he area rl.1l beleased for farralng purposes lntlefinitely, once 1t 1s leveled.
The itomediately adJacent property owned by Teich has beenuniter consideration so1e1y for erosion control purposes anit tocreate an additional buffer to adJacent land owners. ft is notthe intention of Moon Va1ley to expand its operation lnto theproperty presently owned by Teich.
Irloon valley had negotiated wlth the Eden pralrie Landfillthe sa}e of 160,000 cublc yards of htgh quallty clay for$800,000. As you know, the Lanilf ill seeks to use this naterialas a sealant for lts operatlons. fhe City of Chanhassen has nowprohibited the clay removal. Irtoon Valley has expertenced a lossof $8001000 and it 1s unclear rhether lt w111 be sued by EdenPlalrie Landfill for breach of contract.
Before Moon Va1ley starts its lawsuit agalnst the City, reslsh to propose the followlng conpromlse:
1. liloon Va1ley w111 agree not to seek recovery agalnst theCity for lts arbitrary and conflscatory conduct, in
exchange for the City's agreement that the clayextraction nay contlnue until euch tlme as the clay isrenoved to grade.
2. Ittoon Valley w111 further agree that lt wlll not renoveany additlonal clay deposits fron the affected area.
3. Further, the Clty shall not seek to funpose anyaddltlonal constralnts by way of exlstlng ordinances orfuture ordinances on tltoon Valleyra operatlon.
Please provlde ua the Cltyrs yrltten reaponae to thlssettlment offer rlthln the next tno ueeka. If ue do not hear
:,
MACKALL, CROUNSE & MOOETE
!lr. Paul Krauss
February 6, 1990
Page 3
from the Clty, rre will have no alternatlve but to proceed withlitigation, seeklng danages of at least $800r000 plus inJ unctlverelief.
Thaak you.
Yt
Michael J. Dvyer
l{.IDlnJva
cc: Moon Valley Aggregate Inc.
s
)
i,CITY OF
TH[NH[ESEI'I
In November and December of last year, the Cityof contacts regartling a rumored expansion of thgravel mining operation. It culninated in a Vi
by Terry Beauchane at the Decenber 18, 1989. Cineeting. At the meeting Mr. Beauchane inilicate
cerned with the size of the operation in genera
apparent city control over it and with rumors h
regarding the potential for adtlitional acquisitthe owners. staff indicated.that we:ryere in th
researching the matter and would come back to tin January with nore information and ii discussinatives. This report is being prepared to outl
690 COULTER ORIVE. P.O. BOX 147 o 61111\11165SEN, MTNNESOTA 55317
(612) 937-1900. F X (612) 937-5739
IttEIi.IORANDUIIt
fO: Don Ashsorth, City Hanager
PROU: Paul Krauss, Planning Director
DATE: January 16, 1990
SUBJ: tt{oon Valley Gravel Ouarry/Options for City Control
PROPOSAL,/COMMEN?
received a number
e lloon Valleysitor Presentationty Councild that he ras con-1r the lack ofe had heardions of land by
e process of
he City Council
on of action alter-ine the cityr s
options for hanilling this issue. y-..
I{e believe that there are a number of iisues that neeil to be
explored relative to this matter. These.include the current and
recent ownership pattern of the gravel quarry and surroundingproperties, background regarding the non-conformity thatcurrently exists, potential regulatory options incluiling a new
ord i nancetial of t
separate
que s ti onbriefly dthe Citytory chan
Proper ty
that could regulate aiaiag aDdl excavation, the poten-
aking action under existing ordlinanees lelative to the
clay arining operation near Pioneer Trail, .antl theof environmental assessment worksheets;' I have also
iscusseil a relateil matter celative to the ways in which
currently processes gradi4g permits and proposed regula-
ges that would responal t6 this.
ownership !'r"
The property in question is located between awy. 2L2 and PioneerTrai1. The subject sites contains a gravel nining operation(atljacent to Hwy. 2L2) anil a separate clay mining site (adjacent
to Pioneer TraiI. staff has researched the ownership of the Moon
llr. Don Ashworth
January 16, 1990
Page 2
valley operation and researched further the tand acquisitionsthat nay have occurredl in the area. ft is our conclusion thatthere have been no recent acquisitions that we can f inil recordof.
The lloon Valley property, as shown on Attachments A and B, rasoriginally under the ownership of Walter Griepentrog and utilizedas the Moon Va1ley Extraction conpany and shooting range prior tothe ailoption of the Chanhassen Zoning Ordinance in 1972. Theproperty owned by Walter Griepentrog was transferred in whole to
Thomas and Beatrice Zwiers in 1985. No ailditional lanil beyond
what WaLter Griepentrog orlnecl was purchased by Bhonas Zriers.
There is property owned by Vernon Teich which is located betireenthe Thomas Zwiers ploperty and existing residents (Beauchane) onBYy. 212.
Backqrounal/Non-conforminq Use
Uoon Valley operation preilates anylegulate it is therefore establisheI{ineral extracti.on is established a
ordinances that woulda non-conforming use.permitteil conilitional use
o its current size. We do not believe theaIly renoveil from the gravel areadifferent material is protecteda new operation that was initatede ordinance which reguires mininguse permits.
citydas
SAin the A-2 distlictr however, no pernits have ever been approveil.
an attached documentat
A pernit was applied fwithout action being tis established as a le
ut a Iegal nonieve that they
um provides ciIt should be
way to p
does be1
is physic
n-confomity pe
een expanded ting site which
or in 1973 but the request was droppedaken. As such, the Moon Valley operation
9a1 non-conformity. The City Attorney, inion, inilicates that there is no effective-conformity out of business, however, he
can be regulateil. The City Attorneyrstations for cases which support this pointnoted, however, that in our opinion, thertains to the gravel mining excavation as
theall
he
€ttin
nanntst
memoraDdof view.legal noit
c1
an
by
af
has b
ay nin
d whicthe gter th
h is designed to mine arandfathering. This ise date of adoption of th
es to obtain conditionalactiviti
Potential New zoning ordinance Requirementg to R ecrulate MininqActivi t ies
The City Attorneyrs memorandlum cites cases and offers that theCity would have the authority to requireoperation to seek and obtain a permit toto protect public safety. In so doing, treasonable conditions for approval; howevthat we do not believe the City would bethe permit. At the present time the ordinineral excavation as a conditional use i
however, there are no particular standard
Uoon Valley gravel
ow its use in orderCity could establishit should be noteda position to denyce establishes
he A-2 District;hat are applied. It
)Ur. Don Ashnorth
January 16, 1990
Page 3
is our opinion that mining activities shouLd be regulatetl to
acconplish the following:
1. Ensure that the site is returned to reasonable and usablecondition for plannetl land uses upon completion of the
excavation.
2. On-site and off-site drainage are appropriately hantlledto minimize impact.
3. Slopes are stablized and that aileguate buffers are pro-
vided to protect adjacent landl parcels.
4. Natural anenities on the site, such as uetlanas and maturetree cover, are protected.
5. Ilours of operation are regulated to reduce the nuisanceactivi ty.
5. Dust is controlled to reduce the nuisanee activity.
7. Traffic is controlled to reduce potential safety hazards.
8. Ultimate dates of renoval of the use are established.
9. llininum setbacks from the operation are established fromproperty 1ines.
10. The property is fencedl antl maintained in a manner that
ensures the safety of the public.
11. Noise generated from the site is heldl to a reasonable
minimum.
The City Attorney has submittfor the City of Lakeville tothe City Council direct.s slaf
elements of this and other or
edl a
dealfto
dina
n ordinance that he has clraftedwith this type of matter. .If
proceed, we wouldl incorporate
nces as deemed appropriate.
The City Council should be aware that there are risks in pursuingthe strategy of requiring Moon Valley to obtain a permit.Litigation is 1ike1y to result andl the City Attorneyrs opinionshould be sought regarding the Cityrs exposure.
Potential Action on Clay Excavation Site on Pione er Trail
As indicated above, staff and the City Attornethat we view the clay nining operationvel excavation site for two reasons. Tis relatively recent antl was started 10
ordinance which reguired pernits for mi
diffe
he fi
ng afneral
re
rs
te
yh
nt1trrt
ave concludetly from the gra-
eason is that it
he date of theexcavation. The
seconal reason is that it is physically removed fron the nain gra-
vel mining quarry and is in fact min a different nineral or
e ailoption of the ordi-therefore, our opinion,dinance. Iherefore, we
require that the ownerg activity and pursue
o its original condition.the advice of the City
Since it was stalted afte
no permit was obtained. Iin violation of the zonin
mater i
e City may be in a positioy cease all related clay n
nancethat i
bel iev
Pernanaction
Once a
aI.
andt isethentlsto
gain
1ngrtht isgorntoininckt
seek
have the site restored ba
, the City council shoufd
Attorney as to the City's legal exposure with this alteroative.
Potential Environmental Assessment Worksheet
As we had indicated at the City Council neetingr staff does not
believe that the EAw by itself represents a valid option for
dealing with the lloon Va11ey issue. At this point, the owner istaking no action, that specifically would require an EA$l or phich
sould a1low the City to electively require one. consiileration
could be given, however, to require that an EAw be prepared as a
requirement of any conditional use permit application for mineral
extraction.
Procedures to Deal with Grading and FilIing
Prior to the raising of the issues rega
Planning and Engineering Department sta
discussions regarding the manner in shi
issuance of grading permits. At the pr
gratling permits must be approved by the
uoon VaIIey, theld a number ofe city regulates thetime, all such
Council which, rhile
rilingff he
ch th
esent
City
probably appropriate in some cases, may not be in others. ourspecific
amounts oare no siIoss. Sttions to
admin i strsubject t
approval
scheduled t
Commission
nance d
compreh
excavat
propose
Counc i 1
uet
confe
9niaff
theati
OS
by
cern deals with requests to move relatively sna1larth, generally under a 1r000 cubic yarils where thereficant issues such as wetlandl encroachnent or tree
discussed the possibility of recomnending modifica-
ordinance which would al1ow the City Engineer tovely issue permits for moving small amounts of earthpecific criteria with all larger earth rrork requiringthe City Council. We believe this will result in
he submittal of a draft ordinance to the Planningin ilanuary, however, we delayeil action on this ordi-o the Uoon valley situation. t{e believe that a
nore effective control over the great majority small earth workprojects rhile facilitating development in the City. ne further
bel.ieve this can be accomplished pithout compromising the abilityof the City Council and public in general to revier proposalsthat would result in significant amounts of earth work. I had
ensive ordinance that deals with both nining and nineralion and gradling is probably the best approach and wouldthat any ordinances we are directed to bring to the City
should resolve both issues.
tilr. Don Ashworth
iranuary 16, 1990
Page tl
)
APPLICATTON FOR GRADING, FILLING, EXCAVATION AND,/OR MINING
FEE: $100 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 :
Phone ( day)
Addre s s Zip Code
Construction Site Phone No.
Owner of Propertys
Name Phone (day)
Addre s s Zip Code
Zoning Classification _ Size of Site
Estimatecl Volume of Material to be moved cu. yds.
Estinated Date for Work to Begin _ Completion Date _
PLEASE SUPPLY THE FOLTOWING INFORMATION IN SUPPORT OF TITIS
APPLICATION (see attached description "Grading, FillingrExcavation and/or Mining Permit Requirementsn )
_ 1. Conpleted Application
_ 2. Acknowledgement of Responsibility form completeil
_ 3. Affirmation of Sufficient Interest forn completed
4. A interim use permit must be filed concurrently ifaction will moire more than 11000 cubic yards pir acre
_ 5. Written narrative describing the proposed activity
acre(s)
Name
Grading Permit Application
Page 2
Copies of all permit applications and/or approvals ofall agencies having jurisdiction over the requesti
watersheal District, Drainage Districts, DNR. MnDOT,
and,,/or carver county,/Hennepin county Dept. of
Transportation, U.S. Army Corps of Engineers, etc.
7 A soil engineer leport may be subnitted with this appli-cation o! at the tine a building permit is requested
A bond may be requiretl with this application
The City may require two (2) sets of the following:
_ d. Map of existing conditions, topography (2!
contours), utilities and roads
_ b. Proposed finisheil grades, using 2r contours
-
c. tandscaping,/revegetation plan
_ d. Tree survey showing all material six (5) inchesor more in diameter
Tree preservation plan
f. Drainage and erosion control plan
Traffic analysis indicating how excavating will
impact area traffic and what mitigative stepswill be undertaken
h. Construction management plan
I Demolition permit ( s )
I AI,,1 AWARE THAT IT IS II{Y 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 CTTY,??, TO REMOVE DEBRIS AND MEASURES WILL BE
TAKEN TO CONTROL DUST IF REOUIRED.
THE BURIAL OF ORGANIC MATERIALS AND MATERIALS THAT COULD
OTHERWISE DECOMPOSE, IS PROHIBITED. TITIS INCLUDES TREES, LUII{BER,
YARD WASTE, ETC. NO ROCK OR IRREDUCIBTE MATERIAL WITH A
DIMENSION GREATER THAN 12" SHALL BE BURIED. II'ATERIALS WITH A
DIAMETER GREATER THAN 12" ARE TO BE CRUSHED UNTIL THEY CONFORM TO
THIS CRITERIA. ENGINEERED FILI AND SOIL TESTS WILL BE REQUIRED
WHEN FILL TS PLACED UNDER BUILDING PADS. EROSION CONTROL WILL BE
UTILIZED AS REOUIRED. ALL DISTURBED AREAS ARE TO BE RESTORED
WITH SEED OR SOD IMMEDIATELY UPON COMPTETION OF THE WORK.
6
I
9
I
_ s-
,l
Grading Permit Application
Page 3
I fully understand that the City has ten (10) working days from
the date of this submittal to review and act upon this application.I further understand that if an Interim Use Permit is required, the
completed application must be submitted at least 30 days prior to a
Planning Commission meeting to insure review by the Planning
Commission on that date and subsequent City Council review.
Required S ignatures !
Property Owner
Contr ac tor /App1i ca nt
Da te
Date
GRADING, FILLING, EXCAVATION AND,/OR MINING
PERMIT REVIEW PROCESS
PROCESS
Ordinance No. pertaining to grading, fi11ing, excavation and/otmining activities became effective on , 1990. The
ordinance finds that these activities are consialered to be legiti-
mate aspects of the community development process. However, sincethey nay have a high potential for causing short and long termdisruptions to both the natural and man-made environments, they are
deserving of special regulatory controls. The ordinance furtherprovides that no grading, fi11ing, excavation and/or mining of morethan 50 cubic yards of material shaIl occur without first obtaining
an appropriate permit.
A tiro stage process has been established. Requests to move between
50 antl 1,000 cubic yards of material per acre of site area sha1l be
reviewed by City Staff. Upon reviewing the submitted naterials, theDirector of Planning and City Engineer may impose such conditions
and modifications as deemed necessary to plotect the publicinterest. Determinations by the Direceor of Planning and City
Engineer nay be appealed upon the wlitten request of the applicant.
The appeal is processed as an Interim Use Permit.
Requests to move in excess of 11000 cubic yards 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
Comnission meeting and public notification requirements shall be
complied with.
SUBMITTAL REQUIREMENTS
The Director of
information andapplication:
Planningplans as
and City Engineer may request the followingis necessary to review the grading permit
1 Existing and proposed final grading utilizing2 foot contour intervals.
2. Survey showing location and elevation of a1l roads,utilities anal structure that may be impacted by theproposal .
3. Tree survey showing aI1 material 6 inches or more indiameter and a tree preservation plan.
4. Landscaping/s i te restoration plan.
Development concept plan indicating how the recontouledparcel may be developed in a manner consistent nith thezoning ordinance and comprehensive p1an.
5
)
7
Drainage plan including any engineering for stormwater
retention that may be necessary. An erosion controlplan indicating the type and location of erosioncontrol measures shall also be provided.
Traffic
removed.
The applicant will be notifieil in writingDirector of Planning and City Engineer or
analysis shoiring ho!, the material will be
from or delivered to the site.
SUBMISSION DEADLINES
The Director of Planning shal1 act on requests to move between 50
and 1,000 cubic yards of material per acre of site area withi.n ten(10) working days from the date that a completed application is sub-mitted. If it is determined that adtlitional information and,/orresearch is required to process the permit, this time period may be
extended by the Director of Planning.
Requests to move more than 11000 cubic yards per acre of site areasha1l 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 the
referenced meeting date will be reviewed by the Planning
Commission by or on that date.
Surrouncling property owners are notified of the hearing date .
Plann i ngA report is prepared by the Planning Department for the
Commission and City Council reviewing the request and recom-
mending approval with stipulations or denial.
The Planning Commission holds the public hearing and recommendsto the City Council either approval with stipulations or denial.
The City Council hears the request approximately three rreeksafter Planning Commission action and either approves for a speci-fic time period or denies the application.
The applicant is adviseal to be in attendance or is represented atall meetings of the Planning Commission and City Council.
DECISION NOTIFICATION AND APPROVAL REQUIREMENTS
of the decision of thethe City Council.
)
6
This is to certify that f am making application for the describedaction by the City and that I am responsible for complying irith allCity requirements rrith regard to this request. This application
should be processed in my name anil I am the party nhom the City
should contact regarding any matter pertaining to this application.
I have read and understood the instructions supplietl by the City of
Chanhassen for processing this application.
Ihe documents and/or information I have submitted are true andcorrect to the best of my knowledge.
I sill keep nyself inforned of the deadlines for subnission ofnaterial and of the progress of this application.
I further understanil that additional fees may be charged for a traf-fic analysis of the proposal. This analysis would be processed
through the Cityrs consultant, with an estimate of time/expense pro-
vided prior to any authorization to proceed with the study.
Signature of Applicant Date
Name of Applicant
(P1ease print or type )
Address of Applicant
Business Phone Number
Type of Application
(Check type(s) applicable )
Grading
FiIling
Excavat ion/min i n9
)i
ACKNOWLEDGEI,IENT OF RESPONSIBILITY
I hereby affirm that I am the fee title owner of the below described
property or that f have written authorization from the orrner to pur-
sue the described action.
Legal Description
Street Address of Legal Description
Name of Olrner
Addre s s
Name of Authorized Person
Addres s
( Signature of Owner )Date
( Signature of Authorizeal Pelson)Date
If a corporation is fee title holder, attach copy of the resolutionof the Board of Directors authorizing this action.
If a joint venture or partnership is the fee owner, attach a copy of
agreement authorizing this action on behalf of the joint venture orpartnership.
THIS AFFIRMATION IS NOT SUBMITTED IN LIEU OF SUFFICIENT TITLE
EVIDENCE. YOU WILL BE REQUIRED TO SUBII{IT A TITLE 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
NEY
FILIER FABRIC
SACXFI LLUFPOR? }IE
ILTEP
FAERIC
tact(
POLE
*33lIE
I
IIA?IVE SOIL
......
SILT FENCE
li )
BALE PLACED ON EDGE. BUTTED TIGHT
AKE IN EACH EALE
SNOWFENCE
SNOWFENCE
STAKE
EROS ION ECTION
FLOW
NO SCALE
R-8
TOP VIE\JV
SECTlON
APPLICATION FOR MINOR GRADING, FILLING OR EXCAVATION
RESIDENTIAL SINGLE FAMILY RESIDENCE DISTRICT
FEE: $ 50
PLEASE PROVIDE ALL INFORMATION AS REQUESTED BELOW
Property Aaldless
P.I.N. No.
Contractor,/AppIi cant :
Name
Addre s s Zip Code
Phone ( day)
Addre s s Zip Code
Size of Site acre(s)
Estimatetl Volume of uaterial to be moved cu. yds.
Estimated Date for work to Begin
-
ComPletion Date
-
PLEASE SUPPLY THE FOLLOWING INFORMATION IN SUPPORT OF THIS
APPLICATIoN (see attached description'Gradin9, Fi11ing,
Excavation and/or Mining Permit Requirements" )
I
2
3
4
5
6
7
completed Application
cash fee
Acknowledgement of Responsibility forn conrpleted
Affirmation of Sufficient Interest form completed
Written narrative describing the proposed activity
Map of existing conditions, topography by 2 foot contours
A soil engineer report nay be submitted with this appli-
cation or at the time a building permit is requested
Other :8.
I an aware that it is my responsibility to insure that thestipulations of approval are complied with and that the activitywill be executed in a manner consistent with Section ofthe zoning oralinance. In addition, erosion controls and streets
leading to the site will be swept, as often as deemed necessary
by the city to remove debris and measures will be taken to
control dust if required.
rl
Phone (day)
Property Owner:
Name
{t
l,linor Grading Permi t
Page 2
Reguired Signatures:
Property Owner Date
Con trac LorlAppl i can t Date
The burial of organic materials and materials that could
otheririse tlecompose, is prohibited. This includes trees' lumber,
yard waste, etc. No rock or irreilucible materiaL with a
dimension greater than 12" shaIl be buried. Materials irith a
diameter greater than 12" are to be crushed until they conform tothis criteria. Engineered fill and soil tests rrilI be requiretl
when fill is placed under building pails. Erosion control will beutilized as reguired. All disturbeil areas are to be restoredsith seed or sod immediately upon compLetion of the work.
I fuIly unalerstand that the City has ten (10) working days
from the date of submittal to review and act upon this applica-tion. I further understand that if a Interim Use Permit isrequired, the completed application must be subnitted at least 30
days prior to a Planning Commissiom meeting to insure review bythe Planning Commission on that date and subsequent City Council
r evi ew.
I
Jdm t J. Paul
17541 lranchester
Inrire, q 927L4
wiUard Ea}rer
{70 Flying Clord
Chaska. fN 55318
Russell & Y. Barto
400 Iakota Iane
Chaska, UN 55318
VerDe t S. SeversoD
675 Iakota Iane
Chaska, I,Gl 55318
Patlid( Blood e llancy Iee
8275 Tanaracl Trail
Edel Prairie, UN 55344
iIerctrE Kcr*e
General Oelirruy
Christiansteil
St. Croix, US\E 00820
Daniel L€bens
450 Flying Clcr.ril Dr.
Chaska, ftrI 55318
Darril.l Petersdl et al
18700 Flying Clqril Dri.ve
Eden Prairie, uN 55344
Dept. of Transportation
tGtro Sqlare Builtlingst. Paul, MN 55101
Robert E. Drury
575 F1ying Clcrtl Dr.
Bo( 193
Shakeee, UN 55379
Verno E. $eich
220 Flying Clord Drive
Chaska, llN 55318
ftrcmas t B. Zrders
11111 Deuce Roatl
EIko, I.lN 55020
r ^ r q ,trr.r.-!r.rs oEt- VJ.Lt|
$errence Beauchane
Bo:( 23
Chanhassen, m\l 55317
Bert & B. Notemann
1520 w. r0
Shalrcpee, UN 55379
David R. ![e.idr
10151 creat Plains Blva.
Chaska, l0l 55318
Ual,naral t l,t. BaFPe
{95 lEkota IalE
Chaska, mr 55318
Jack BrdillaI[4 N. Eolms
Shalrcpee, fAI 55379
fracry & Eo1ie OlerE
150 Flying Clod Drive
Chaska, l,tN 55318
t{alter f J. Griepentrog
I00 Flying Clord Drive
Chaska, llN 55318
Rodney & D. Banctl
1180 Pianeer Trail
Cbaska, UN 55318
Rdert & E. Baak
770 Piareer Trail
Chaska, lor 5$18
Roger t K. ?€e
500 W. 96th Street
Cbanhassen, UN 55317
Robert t P. Buresh
5817 Eansen Roail
Eclira, l,!{ 55435
Paul t D. Graffunder
10001 creat Plains BLvd.
Chaska, IIOI 55318
!q6f! l. ral f6
6601 l.{dlat\d< frailndina, l,N 55i135
Jeffrey e X. D11nid(
10300 Great Plains Blvd.
Chaska, l,tN 55318
P3y!fl ner1a
10095 Great Plains Blvil.
chaska, lal 55318
gCUl s v. aeirr-sr
230 Flying Clcnril Dr.
Chaska, ltil 55318
Nvin R. Iebens
460 Flying Clord Drive
Chaska, MN 55318
t;?;#*ii:'il'." sarvase
285 Flying CLord Drive
Chaska, UN 55379
I€on C. l,Esenbrink
250 Flying Clcud Dr.
Chaska, uN 55318
Federal Builtling
: Fort Sne].ling
St. Pau1, UN 55111
Tracry Oil Ccqpany
P.O. Bo:( /t425
St. Paul, l,tN 5510{
Janes C. Sardell
- 731 W. 96th Street
Chantrassen, fol 55317
i6r w. iottrlt Lt
Ctrantrassen, l0{ 55317
721 w. 96th Street
Snnhassen, I.Sl 55317
JarEs Church
611 W. 96th Street
Chanhassen, MN 55317
William Gratz
275 Pioneer Trail
ctEnhassen, ltr{ 55317
Carrrer @'IntyAttn: Planning Dept.
600 r':st {t}t Street
Richaril & J. Taylor
415 Iakota Lane
Chaska, mf 55318
601 w. 96th street
; Ctnnhassen, uN 55317
Rictlalal & B. Derhaag
711 w. 96th Street
Granhassen, I'0.{ 553L7
Donalcl e P. Burchett
225 Pioes Trail
Cbanhassen, UN 55317
Boyd S. Peterson
325 Pioper Trail
Ctlanbassen, UN 55317
t{arqr t{aritz
1271 Bluff Creek Dr.
Chaska, fo{ 55318
Daniel ac|(enan
94{1 creat Plains BId.- ctunhassen, M{ 55317
Robert e E. Tischleder
185 Pidleer Trail
- Chanhassen, uN 55317
- christopher & K. Brardvolil
305 Pioneer Trail
Chanhassen, lo{ 55317
- Itlr. I,tichael J. Eryer
l{ackalI, Cromse E Ilr@re
1600 TCE To€r
121 Scuth Eighth Street
- ttinreapolis, uN 55402
I
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I
i
Planning Coro,ission lree t i ng
March 21, L99S - Page 36
Ahrens: That Hould be r,eeting the standard.
$lilderrr,uth: PauI, I like your redraft of the ordinance criteria until :'oubrought up the Carver Beach. It seeris that sor,ebod!, that nanted to createan other T rg0g sq\are foot lot, we ought to be ln favor of that.
Ero,ings: Yeah, I donrt have any trouble with soneone conlng in to an areawhere everlzthing is substandard but there is a neighborhood standard anddoing son,ething on their lot that everybody else has there. Sorrehow that
doesn I t seer, that bad to rrre but the abuse in that, or the lirr.it on thatI guess to II,e would be I donrt want you creating more of it. I don't want
:tou to take the house off the two substandard lots and build two houses ontwo substandard lots.
Wildern,uth: Thatrs what Itd be concerned about.
Ero,ings: And I sonder if this protects us or, I.F. not even sure if one ofthose lots rras even errpt:, that Ird want to see a house put on that lotwhich is kind of what we had on that one 1ot on Riley lake that they triedto r,ake a beachlot out of and we wouldnr t let therr,. Vle salr you canrt builda house on there because it' s too srr,all and r,alzbe I 'rr, conf using rr,y factsbut it worrld seern to r,e that rtaybe even you wouldn| t want to have anotherhouse built on that if it was real substandard. If :rou couldn,t fit it inwith, so I donit know. Iim generaLl:, in favor of rrhat :rout re doing. Ithink that we should not send variances required by a site plan for exarrrpleto the Board. I think those should be dealt with here and at the Clt:'Council. I'r, generally in favor of this. The onl:' thing is I donrt iantthis to go too far to create more substanalard strrff . Do !'ou think thatthat could be prevented under the language that lzouive got in this?
Krauss: As we discuss it, I knoi, the lntent here ls to do irhat I saidearlier that we worrld establish a neighborhood average anct say if you r,eetit or beat it you're entitled basically.
Et',F,ings: Is that expressed?
Krauss: No it isnit and Irrr, Iooking at
when Roger car,e ln and said reasonablewlthin 500 feeE. Majorit!, to Ee rr,eansclarify that to state that...
that. I F,ean that was the intentuse includes a r,ajority of propertl,average. Nor, lre could further
Etutings' what about putting in an lntent stateF.ent that sa:,s, it is notthe intent of this ordinance to allord a proliferation of substandard lotsor developr,ent but rather to recognize that sonie neighborhoods have
standlards and as J,ong as the applicant for the varlance, I donrt know.Finish it. Ueets that standard or exceeds it.
Krauss: we can clarify that I rr, sure .wav
Erroiings: But an intent statement rr,alrbe ator put a floor on this thing so yourre notthat lre don I t vrant to see.
the beginning erould
seeing all kinds of
put a bottorrrthings here
Planning Cor',r.,ission Meeting
March 2I, L99g - Page 35
Ahrens: Notification of the publ i c
shou Id
is a hard thing to be against.
Er'r.ings : Yeah. I think we tr!' it.
Erhart: I think itis good too. I think it ls going to put
Cit:, thatrs going to be such a detail in that the]' tend to
and I rr, sure thatts yrhat happened in Eden Prairie but with
sortreone Like to nake a r.otion?
a burden on thefaII in cracksthat, yould
Vli lderrr,uth : I ' 1I rr,ove tha t the
the draft ord inance.
Planning Corr,rr,ission recolrrFrend approval of
Ahrens: I I 11 second it.
Wilderrr,uth moved, Ahrens seconded that the Planning Cortrr,ission rBCorrrtrr€Dd
approval of the Zoning and Subdivision Ordinance Arr,endr,ents Pertainng to
Requiring the Posting of Developrr,ent Notification Signs. All voted in
favor and the rr,otion carried.
PUBTIC HEARING:
ZONING ORDINANCE AI,IENDMBNT TO AIiIEND ARTICLE II,
2g-70 PERTAINING TO PROCEDURES FOR THE ISSUANCE
PauI Krauss presented the staff report on this
callecl the public hearing to order.
SECTIONS 2O-55 THROUGH
OF VARIANCES.
iter,. vice Chalrman Erhart
Er'r' ing s noved, Ellson seconded
favor and the r,otion carried.
to close the public hearing. All voted in
The public hearing was closed.
Ahrens: Not right not .
Eu'rings: Irve got one Iid like to ask. Letrs sal, ]rourrea neighborhood thatra got 7g foot lots with lake frontagethey are substandard lots. Not onl!' for their wldth butLetrs sa]t sorr,ebod!, lived in there but had bought tiro lotshouse. Corrld the:, tear their house dorrn, subdlvide thosetno houses? You see what I'r' sa:ting?
in a place where,
or thatever andfor thelr area.
and built aIots and bui lal
Krauss: WelI what ]rou want to avoid I think, anil I think what you.regetting at steve is that ]rou donrt want to lower the stanilard ln theneighborhood. You don I t want the lot est corrrrrroh denominator be what isenforced. The intent of this, and I hope the language does it, is toestablish the neighborhood average anil then sa!r, if you Feet or beat that
averasle, werll probably recorr,rr,end that lt be approved. So therers a r,iddlle
ground if !'ou t i1l.
Et'r,ings: But lyould lrou be able to sa]r no to soFneone who wanted to do what -I just...
Erhart: Alright, Joan do lzou have an!' questions?
Planning Cor,r,i ss i on lteeting
March 21, ]-99g - Page 34
Erhart: Thank ]rou ver:r much for corr,ing. I hope te can resolve that one.
Thatrs very unfortunate.
PUBLIC HEARING:
ZONING ORDINANCE AMENDMENT TO AMEND THE SUBDIVISION AND
REQUIRE THE POSTING OF PUBLIC INFORI.IATION SIGNS FOR NEW
THE CITY.
ZONING ORDINANCE TO
DEVELOPMENTS WITHIN
Erhart: Is there anybod:, who nould like the staff report on this?
Apparentl]' not. Is there an!'bodf in the audience that noulil like areport? If not, then we r^,ill not have the report. Is there anybody in the
audience that woulal like to coF,rrrent on the proposal to change the
ordinance? If not, I would request a r..otion to close the publ,ic hearing.
EIlson r,oved,favor anil the
Wi Iderrr,rrth :
ord inance .
sec ond ed
carri.ed.
Ahr ens
r',ot i on
to close the public hearing. A1I voted in
The public hearing was closed.
And I n.ove that the Planning Corr,r',i ssion adopt the draft
Erhart: We have to have sor,e discussion. Does
discussion? An:'bod:t on the Planning Corro"ission?
an:rbod:, have any
Er,r'ings: I guess I'd like to know, the onlyt thing that concernetl r,e about
this was the cost. Tt]e ilgo.gg rental fee rsith a $L90.60 deposit and thatrealllz seeF,s, it doesn't seerr like a big deal to a developer. what is the
sr,allest developr,ent that this r{ould apply to?
Krauss: The platting of 4 lots.
Hr,rr,ings: I guess then it doesn't bother me too rr,uch. I know that in
Minneapolis I nent through a variance proceedlng when I livetl there and
they gavel I think the!' gave us the signs and the:, were kind of f I ir.,s1,
cardboard signs that disappeared after the first rain but !,ou diilnrt need
to have therr up ver:t long ancl the:t were bright orange the tfhole idea was to
bring attention to the property in a quick and cheap way so that the
neighbors knew soniething was going on. But I didn't think that lras a bad
s:rster,. But as long as this doesn't affect something thatrs very smal1,
I guess that doesnr t bother r,e.
Erharts An:r other coF,r,ents fror, other coFr,issioners? I have a question.
why did Eden Prairie Phase out their Prograrn?
Krauss ! It wasnrt clear. Sharmln talked to theltr. It sounded like sort,e of
their signs disappeared and the!' just decided it wasn't aII that irr,portant.
I donrt knorr. In r,:' experi€DC€r I worked in a corro.unitlt that had a sign
progratrr and it rras not onl:t ver]t effectlve but it was sorrrething that the
Citl' Council. was very supportive of because it did get the word out
effectively. Once )rou start sorrething like that, it's kind of hard to
believe you could stop it but apparentl:, Eden Prairie did.
Planning Cor,r',ission r,teeting
March 2Ir L99S - Page 33
Krauss! Thatrs correct Hr. Chairrrran. The application could be resubr.ritted
again for your hearing. In fact, for exalr,ple if this were resubrrri tted withLot 5 being parceled up sor',ehow, without there being any variance, Ittr,prett:/ confident that staff would recorur,end approvat of the street in thecurrent location since it doesn't seer, to harn anything eIse.
Erhart: Yourre suggesting finding another .3 acres someplace and addingit?
Er'rrrings: Well rrhat is? That I s irhatfor hin, in your rrrind. It kind of issatisfied.
Er,r,ings' And ]rou understand our action isnrt final . Itrs onl!, a
recoF'rrrenda tlon to the Cit:t Council.
Jin' Peterson: Yeah. No, I understand that but that's the worse possible
soLution...not necessarily for me.
he asked for so it r,a:, be the worse
in n,y r., i nd but he seerr,s to be
M}, point was, what I was looking for nas what staff had
Et',t.ings: That is what the Staf f recor'riended.
they said...
Mr. Fraser:
reCOFIrended.
Mr. Fraser:
EIlson: No,
l,!r. Fraser:
But then
option 3
. . .Iots 4
is the one that we opted for.
and 5 together?
Krauss: we donrt have the arrthotlty to order that. I arr, golng to askClty Attorne:, though to teIl us rrhat our opportunities are to resolve
Now n,a!'be there is a rnecbanisrr, where we can force the replat and aresolution sor,ehow in that rranner but I frankll, donrt know. Irve neverthis before .
the
this._
seen
Erhart: Excuse rr,e, I failed to explain what happens here. This will go to_the City Council on April 9th, unless you request that it be delayed atwhich point I believe :rou can corr'e up with alternatives and resubrrrrit theapplication. Is that r ight?
Krauss: Or lacking that, elirt,inate it and come in with a plat that has no -variances.
Erhart: I think with a 3-2 vote, I think rhat that says is that, if :'oucould do s ortre rrore work on it perhaps and solve s or,e of the probler's that
some of the cor,r,issioners have, you could avoid going to the Corrncil with adenial recoFriendation.
l{ildern,uth: Probabl:t the least expensive i{a}, out is to r',ove the existing
house and replat without any variances and still retain the 5 lots. Andthat would t!'ake Mr. Fraser happy.
Planning coF,rr,i ss ion Meeting
l{arch 21r L99S - Page 32
Krauss: Wel l, in
next week.
Ahrens: For var iances?
Krauss: No. They forrnd, renrernber there's a cul-de-sac in the Ersbo
subdivision and that rre iranted that to align with I think it was Arlington
Court to the north. Thelt trled to backtrack through the surveys and whenthey r.rere actualllt out there staking lot corners, thel, realized that
Arl.ington Court was 39 feet west of where the!, had shorn it. Now in that
case the:t were able to rectif:, the situation 9,ithout causing an}, nel,variances which we'r€ r €corrrrrr€hd i ng that the Cit]r Council approve, or going
to when it cor,es before theF. If this didnrt have any variances attached,ue would do the sar,e here but thatrs not the case.
Erhart s Does anlrbod:t want to r',ake a r'otion?
Ahrens: I{e? Which one are oe working on here now?
Erhart: Staff is recor'r'end i ng slmpI}, to denlt lt.
Abrens: Yes, I see it. I rrrove that the Planning CoFo,ission approve thestaff recor,rt endati on here that states that the reguest to replat Lake Rlley
Woods 3rd Addition be denied due to the lot area variance that resuLts
on Lot 5.
fact the Ersbo Addition is corr,ing back to the City Cor:ncil
points that
I understanal
Not just the
Erhart: Annette, would you llke to add an:'thing already to the Minutes?
Ellson: Ird just like to try to s€€ a coFrpromise.
Erhart: Oka!', thank :'ou. Irll just basieally refer to thef rrentioned earller. Okalr? Thank ltou for your coft&rents.
Jirr Peterson: Ird just like to ask a question to make sure
lt. You recorr,r,endl that the whole replat be denleil right?variance but the whole replat, street and all?
Er,rt ings: Yes .
JiIt, Peterson: Okay, for rr.e thatrs major. I can rYlove the street back...
Erhart: Is there a second?
Wi Lderll,uth: IrII second it.
Ahrens moved, Wildernuth seconded that the Planning Cor',r.,ission recorrrnrenddenlal of the request to replat Lake Riley woods 3rd Addition due to thelot area variance that results on Lot 5. AIl voted ln favor except Ellson
and Erttart who opposed and the rrotion carried with a vote of 3 to 2.
near the street intersection and the land rises rapidl:, above that. ftts a-
crell defined pond. It rr.ay not be sor,ething ideally lrourd want in your
front :rardr especialll' if the hor'"e were pushed toh,ards it but you couldbuild around it.
Ahrens: So if we
are we in essence
house built there
above a pond?
Iot,
a
Krauss: well if you draw a Llne sor.eplace through here. If you dras a
line across the back corner of the horre thatrs being constructed, ltou still
have a fairly sizeable area. Just scaled it off and itrs somewhere around
Lgg to t5g feet depending on where it is. That shoulil be large enough to
accorr.,rnoda te rrost an]r hory,e.
Erhart: Anlrthing eI se?
Ellson: I have a guestion. Yourre saylng that if ire approve anything
versus deny it, then the Citl' doesn't have as rr,uch ground to stand on if we
wanted to 9o into, yourre kinil of talking along that line? Is that i{here
I rr, getting that? In other words, it r,lght be better for us to deny lt.
Pass it along to Citl' Council with aII our wonderful uinutes on what our
concerns were and then if indeed we chose later .through our own cit1rl we
could do sor,ething like that. Yet if on the cit:' record there were cit:,
leaders that said thatrs fine. werll r,ove it. Then te have less ground to
stand on ourselves if we wanted to look at sorr,ething like that? Is that
what yourre talking about? In other words, you didnrt get irhat ee Paid for-
but if we're accepting it, then :'ou are getting vrhat se paid for? You sort
of conf used rt'e rrhen lrou talk about that.
required that a house be placed in the front of this
creating a situation where therers never going to be
an!rwa], because nobody would want their house standing
Krauss: we recor,rr,ended denial because we didn't see the hardshlp. It
seLf createil and there was no neighborhood standard that suPported it
any of the other tlpical trreasures rre use for a hardship. In thinking
it this evening and talking erith Jo Ann, it occurred to r'"e that if the
is denied and everyboily leaves here tonight, the Problerrrs stlll not
resolved.
t as
or
aboutplat-
Err'rrings: You've got the drainf ield for one thing.
Krauss: I{elI clearl:, lrou have that. Now presur,ably and this is a grress. I
Fean there rcould be sor,e civil action arrongst sonr€ of the 3 partles that
are out there tonight to rectif:, that but that doesnr t deal with the Cityrs
lssues and I would assuFre that ire would have to ask our City Attorne]r, or
the Cit:, Council would have to direct hln to take sone actlon. And I donr t-
know what that r,lght be because Irve never seen this before. To revoke theplat or to r,ake this thing whole again because the plat that we apProved ls
not the plat thatrs on the ground.
Erhart: This isn't the first time that sor,ebodyr s corr,e in and asked for a
replat in the rt iddle, after the fact.
Olsen: But not wlth variances.
Planning Cor,rr,isslon Meeting
March 21, L99S - Page 31
Plannlng Cor..,rt ission tlee t i ng
Harch 21, L99g - Page 36
Er'rrings 3 But ]torr understand that if we deny lt, that that lot. The road
rr,ay be r',oved and that lot wiII be sold and soF,eone will still build back onthat hill. Do !'ou understand that?
l,!r. Fraser: At that point terd be forced to literall], sell our house
because our angle of our. . .
El.lson: Right. so this option might be better for ]rou.
Erur,ings: tlell norr, thatrs up to ther'.
l,lr. Fraser: We would be so far of f that road. . .
Krauss: We need to take sor,e action, right.
Erhart: And if the potential existsglven. The potential exists here webe an lssue.
that t e could resolve it here tonight
could rr,aybe resolve it tonight and not
Ahrens: Let ne ask a question. There is, Paul just stateat earlier thatthere was a lot of standing irater out on that lot during the last Eain.I'd Iike to ask, whoever can answer this questlon, is this lot evenbuildable in the front of the lot? I mean is that even an option? Thedeveloperr I donrt know PauI?
Krauss: Therers quite a bit of propert), there and what ]rou have is you
have a storF, water pond basicalllr. Itrs fairly well defined. Itrs doirn
Err,rt ings: Alright. Thank lrou.
Krauss: If I could add too. This ls a little bit, thls is really unusual
and I really need to sit down with the City Attorne]' antl find out rrhat sortof legal recourse the City has because rre did not get the srrbdivision webought. You norr',ally expect a registered survelz to be accurate. Thatrsthe whole point behind state registration. In thls case, it was not. Inny opinion, this lot is not a brrildable lot as it sits rlght now. We eouldhave to, I believe worrLd take sor,e action through our Cltlr Attorney to nakesure that that lot is not rTrarketed in itrs present shape becarrse it is nota legall]' conforr,ing lot.
Erhart: But arenrt they saying that? I [,ean arenrt they cor',ing back inwith this applicatlon adrtitting that itrs not sellable unless...
Krauss: This is true but if $e den:, the applicatlon tonightr what happensthen? The situation could exist until possibly therers some sort of acivil suit brought b], one of the developer or the horreor{ner against theengineer. I think the Citl, has a stake in this too and our stake is thatwe approved a lot that rriet aII our stanalards and we dld rrhat i{e were
supposed to do. We didnrt get that lot.
Erhart: I understand but thatrs one of the options that the Cor'r'ission hashere tonight is to den!' it in which case yourre exactl!, right. Then :rouhave another whole set of lssues to deal with.
Planning Coro.ission ueeting
uarch 21, ]-99S - Page 29
srrrrs it up.at the sar.e
I think that was
thing. PauI ?
irhat Annette and Steve were kind of looking
Krauss: !1r. Chairrian, if that resolution were to be supported, I guess welrould ask that !'ou consider continuing the i ter, to let us get a readingfror, our Cit:, Attorne!, as to trhat techanisn, we might use to guarantee thatthe hor,e is where :rou expect it to be.
Erhart: Okay.
Er,rr,ings: Tirt, how do you justify granting a variance?
Erhart: Vlell I think if lrou look at &:r 3 l'ears history on here, I think
Irve recortr,ended variances in cases other than pure hardships. I think r,:, -personal feeling is that sonetimes and given precedent. Given that )rourredealing with precedence, still sortetirrres corrrFron sense prevails. Thatr s
all I can answer. I think the adverse affects. I think little is gainedto an:rbod!, to den:' the variance and therers a Lot of adverse affects I -think on the Cit:, to den!, the variance. so if thatrs corrrrrroh sense, than
that coF'rr'on sense prevails in rrlt opinion.
Wi lderrr,uth: But rre don I t rrreet the test f or a var lance though .
h,rr,ings: He I s not saying we do.
Erhart: Ir&, not saying we do.
I think that Paul's reqnest is
other cor'It, i ss ioner s?
That I s wh:,
reasonable.
Irm not on
Can I get
the variance board.
son,e inPut frorr, the
E1lson: You sa!, that in other words yourd like it tabledat it or youid like us to have more weeks betyreen us and
take a look at it?
so
the
look
tolrorr can
Counc i I
Krauss: Well either table lt or direct, if you approved it, direct us toget a reading fror', the Clt), Attorne!' if (a) there is a mechanisr, that we
can use to guarantee that that conalition is enforceable, and (b) if thereisnrt, lre can bring it back to lrou so you can take another look at it.
Erhart: I h,ould prefer to have us vote on it and bring it back if you
canrt enforce it. Thatrd be ny preference. Steve?
Er,rr'ings: The Fraserts. You understand whatis being proposed here
we approve the replat but on the condition that an!' house going on
eould have to be built, corrld not be built rearward of your house.
drawn across the back of :rour house. What do lrou think of that?
Ur. Fraser: ...his lot is on the hill there.
is thatLot 5
A I ine
Er,n'ings: Well nothing can be guaranteed. Letrs not talk about...
Delores Eraser: I feel that Pioneer Engineering who r,ade all this happenis kind of getting away with...and rrerre the ones paying the price.
Ahrens: I guess I canrt go along with the staff recor,r,endation on this. Icanrt go along rrith any of these. I would like to see a solution of theprobl.er,. I F,ean I think there is a big problerr, here. I.d like to see theLot 5 sold so the developer can rr.ake aorrre rr,one!, of f of it. I.d like to seethe people, the Fraserrs satisfied but I donrt knon how rre can approve avariance when our ordinance doesnrt aIlot, us to.
Ahrens: Is that irhat?
Er,rriings: The!'r re saying to deny it.
Ahrens: Oh, okay. I agree rrith !'ou. Brilliant.
Erhart: Are you done Joan? Jir,?
Wildermuth: I think it's been said several times before. Therers no basisfor a variance here but the one attractive resolrrtlon, r,aintaining 5lotsis still to rr,ove the existing house. Failing that, then the secondalternative discussed ln the staff report is probabl:, the ira:/ to go.Costly for the developer because it would elirr,inate one lot but it wouldcertainly elittinate the problen, with the position of the house inrelationship to the lot Iines.
Erhart: Okalr, thanks Jin. I am not in favor of not rr,aking Lot 5 buildable
because it worrld be a saste of land. I think :'ou knon that I think 21l2acre lots are already in rty opinion a tretrrendous waste of Land and to makea 4.7 acre lot is even a bigger waste of land. It would prevent apotential citizen of Chanhassen rr,ov ing in. Prevent us for collecting taxeson that lot which you pointed out Paul. Creating that lot has, the request.to replat has no aclverse affect on the environnrent. It has onl1r adverseaffect on the Fraserrs as far as the ua:r the subdlvision wouLd be laid outand certainly rr,oving the street doesn't r.ake an:r sense at thls point.Regretful as the r,istake ls and I agree wlth Steve that quite frankl!' thatthere is a substantial potential liabilitl' here that I donrt think that theCitlz is ln a position to tr:' to reduce that liabllity. I think weire
Purellt tr!, to address the issues I just listed. Ird like to see Lot 5developeil and to resolve it. U:, feeling then ls, IT,:t recor'rrenda t lon wouldbe to approve the replat with the condition and recororend the variance irlththe condition and onl], recoFrt,end a variance and the condition that the
house on Lot 5 would have to be built so that none of it would extend anltfurther north than an east/west line from the northeast corner of theexisting house or some other terrninolog:, that perhaps would be agreeable tothe Eraser's and to the staff to the sar,e effect but I think that kind of
Planning Cor,rr,i ss ion Ueeting
l.tarch 21, L99g - Page 28
Wilderr,uth: Yeah, but theyrre not happ:' irith the rra:, their house lssituated in relationship to the lot line at the present and potentially inthe future is because the cul-de-sac aot shifted to the extent that it did.But even if the cul-de-sac didntt get shifted, their house is not in a ver:,good position an}, rra!' ltou look at it. For irhatever reason.
Erhart: Joan, do yor.r have anythlng rrrore?
Et8'ings: So ]tou agree with the staf f recorirr,endat ion?
Planning Corrm,i ss ion Meeting
l,larch 21, L99g - Page 27
think is rea 1
Ahrens: So in
that there . . .
Er,r'ings:
fair to ther' so thatrs rry hang-up on this.
order to compl:, rrith a variance ordinance, werd have to see
Ahrens:
hardship,
Err,rrings3
fo1ks.
We can I t.
we canrt do it right.
rrhat i s the discussion
That I s a good literal
well if we canrt do it because therer s no
about?
application. The trouble is it hurts those-
Ahrens: You know it bothers rrre also but I niean soFeho$ ire do have
ordinances and we are supposed to be interrupting those and rr,akingtlecisions based on our ordinance otherwise we can change the ordinance.
Err'r'ings: It I s cold but true.
Erhart: Sorr.etines the hurran corrres out on us. Paul?
Krauss: Mr. Chairr,an, one thing
srrppose coutd be investigated is
a llttle bit of land if wou will
t{e did not look into tbat theoreticall], I
the possibility of the developer stealingfror, the lot thatis to the north of Lot 5.-
Erhart: He
Krauss: If
Erhart: It
Wi lderrtruth :
stole idea.r,!'
have sufficientthe:,
I{i lderr',uth : You I dvariance. Wi thout
rrorr ld appear, if lzou
ahd I'rtr. alrare if they do or not.
at it, it appears. . .
area
look
That doesn' t resolve the horr.eor,rner I s
Krauss: You wortLd still go through the replat so
cot',pliance sith the ordinance. It r,a !t not resolve
concern about the placen,ent of the house.
pr obIem.
that Lot 4the orrner
worrld be in
on Lot 4rs
Wilderr,rrth: There is an interesting option that does resolve the
hor',eosner's problerr' though. The question who would pay and thatrs to rrrovethe house.
Ahrens: I thought of that too.
still have to replat but lrou could replat without a
the requirer,ent for a variance.
Ahrens: I rrtean even if there's a variance and therer s a house bullt
toirards the front of the lot on Lot 5, the:ri re sti1l not happy with where
thelr trouse is because lt faces the rest of the developr'ent.
Er'tr'i ng s: Thatrs their clair', against these fo1ks. I don't knot, Fialrbe we
shouldnr t be getting into this.
Planning Con,r',i ss i on }:eeting
March 21, L99S - Page 26
The...and letrs sa!, the]t say oka]r,
there. The ordinance salrs. . .
Ero.ings: But maltbe we could catch
Jirr, Peterson: ...but I donrt know
Etrr,ings: Oh, no. I rF, not asking
know. . .
werIl buy the lot and the covenants
it when the:, cor'e in for the perr'it.
that I can honestl!, guarantee.
ltou to guarantee it. I guess Ird like to
Jim Peterson: ...it,s really hard for ne to guarantee that.
Etnings' Okay. We!re not asking lrou to guarantee anything. Can we
conclition on the plat? I guess tid like a lres oE no answer. Can wecondition on the plat as to rrhere that paal will be?
Krauss: I donrt believe you can. Yourre creating a condition thatrsapplieal to no other lot in the cit!,.
put aput a
Ellson: That I s because
on those canrt we?
of a variance. We can ask for all kinds of things
Krauss: Well thatrs true but getting in the mind set of exchanglng
sorT,ething for a variance is not necessarlllr an ideal place to be.
Er,rr,ings:
right now
var iance.
WeIl yeah and that I sthere is no hardship
a good point because under our standardshere and r,e shouldnr t be granting a
Krauss: Now there ls a possibilitl'. Jo Ann and I were talking about it,that ]rou could do soF,ething like require the platting of a conservation
easen,ent over part. You know over the back, north part of. the lot thatwould prevent an:t construction and we have control over it. As you crowdthat lot through to the front, there is a drainage pond on the corner therethat precludes building real close. Itrs orrtside the setback line buttheir yard, their front :rard in essence nould slope down into a pond that
had water ln it when I nas out there a couple days ago.
En,rr,lngs: It seetrs to r,e if he thought tbat he could find a buyer for thelot with the house to the front and the house to the front would satisfythe people on Lot 4, then naybe I could swing with the replat. OtheruiseI'Ir opposed to it.
Erhart: Oka]r, thanks Steve. Joan?
Ahrenss I think thatrs a sensible solution but Steve are lrou sa:ring that
:,ou eould r€corrrrrend approval of a lot size of 2.2 acres then?
Etrrtings: No, and there's no grounds for a variance and I worrld never go
along with it except it rr.ight be the best thing for the peopl.e on Lot 4.That's the thing that really, like I sa:r, to Fre this is sirr,ple. Yorr r,akePioneer fix it but that doesnrt rea1l], help the people on Lot 4 because itwinds up bringing their lot line in closer to their house. That I dontt
Etr.,ings: So in a wa:r, Irr, not sure whatrs best for the fotks in the house
on Lot 4. Nothingrs real good but at least the replat gives theFr a bigger -side lzard than ]rourd have if rre den], the replat. M], first reaction to this
was that it's verl, sirr,ple, and Irrr not so sure it is but we never would
have approved this lot at 2.2 acres. Ever. So I don't know !rhl, we want to
accept it now unl.ess it does sottrething r,a:rbe good for the people on Lot 4 -
and as to what ought to be done, it's easy. It ought to be fixed and thefolks who r,ade the r,istake orrght to pa:, for it. Thatrs what I do everydal,
as an attorne], and when I screw up, I have rr,alpractice insrrrance and people-
donrt hesitate to corte and get their rr,one]r. And thatrs hrh!, I've got r,!t
insurance for and I invite therr to corrre and get it because thatrs shat itrs
there for. And that would certainly be nry reaction to this if that houseeasn't sitting there on Lot 4. If it was just the road issue in there, I'd
sa:' sorr:r Pioneer. Fix it. Itrs lrour farrlt. Yourve adr.itted fault. Fix
it at ]rour own cost and get it done. But r don't reall:' know if thatrs thebest thing for the house on Lot 4 and I could go erlth, I ilonr t like the
replat except that it gives ther, a bigger sldeyard. I could vote for aplan to elirr,inate Lot 5 as a lot. If we did the replat, I'd just as soon
eliminate 5 as a lot but I do like, I kind of like the notion that Annette -brought up, I hadnrt thought of it, was conditioning approval of the replat
on the house being built to the front of the lot. Are ]'ou telling us that
that absolutel]r, that we donrt have the power to sa!t...
EIIson 3 To enforce it.
Er,r.ings: Put it
Lot 5 will, thethat.
onasa
front of
condition of the p1at. That the house is builtit wlll be at the setback llne or sor,ething like
was
tolot.
on-
Krauss: We have no authorit:r to enforce private covenants, if that's the
rr,echan i sn, that I s used .
Etu',ings' No. ftis not a private covenant. Thatrs a condition on theplat. You see it's interestlng because on the Frap the:t gave us, thatrs
where they put the house. The:r put the pad right where werre saying we'd
Ii ke to see it.
Krauss: What
setback I ine.
the!, diil there is they sirr,ply put conceptual pads at the
where it
walt but
that lot
on that
h,r,ings: But the:t sure as heII F,eant us to think that that I s
going to be built and it was r,a1,be a little misleading in thatI guess I'd be interested to know if you think you could setl
sorr,eboil]r. If that worrld be a reasonable place to put a house
It would be attractive to a purchaser.
Jir, Peterson: I donrt think itrs tbe first site. I'n, not alwalrs, whenever
I look at a site, it's not... The reason we put that house there iras not
to rrislead yorr but to lead the bulrer and as I told the Fraserrs, Irll do
everything in my power to get that person to build...but when I put a
covenant on the lot i{hich I can do, enforcerrent still rer,ains the probler.,.
Planning Cor',r, iss ion Meeting
March 2Ir L990 - Page 25
Krauss: Yes.
Planning Cor,rr,ission ueeting
Harch 21, I990
24
Erhart! If I couldbelieve that someonethat and get it.
El1son 3
an:twa]r.
Er'r'ings: Now
and 5 further
tbe replat, would the replat push
away frorr, the house thatis on Lot
the line that divides Lot 4
4?
fol Iow
c orr, i ng
on thatin for
point. I guess I find
a variance request that
haral tocanrt ask for
it
we
Krauss: l.[r. Chairrr,an, !'ou can ask but we canrt enforce it.
Erhart: we donrt have to provide the variance either so I mean lt just
seerr,s, just by practice that it could be.
werd get Frore for a varlance because itrs out of the ordinarw
Erhart: Yeah. An:,way, go ahead.
Ellson: f guess thatrs trry concern. I'd like to see that it could be pulled
off or if necessar:' to people on both sides or at least a portion of it. Idonit want to see therr, build a house thelr way it's on that and for the sar,e
reasons that the:, r,entioned. I nean I'ou donrt bu:, a 2 L/2 acre lot so that
you have sortebody next to I'ou like yourre living downtown. Nor lrould Ithlnk the person building there probably would want that so I think it
would be hard to sell a house thatrs going to next to it either so I guess
if we canrt control where the house nouLd be, then what I lrould want to dois. I dontt knoe, what is it that Itd rrant to do? If I want it allorred tobe sold but I donrt want it allowed to be built. What do :rou do? If you
stil} Plat it the rra:' the], want it but then :'ou sa:' unbuildable?
Krausss WelI what you would do in that case ls plat it as an outlot which
we would have a probler, with and our r€coFrrrrenda t ion would be to :'orr thatthat not be done. The reason being is that it has no purpose. This is alot thatrs not buildable under current and presur,ably future ordinances inthe CitY. What t)rPicall], haPPens to those is that theyrre not r,aintained.
Tt!e!, becone nuisances. They go tax forfeit. Frankly we donit care andreally donrt have an:' authorit:' to tell an!'bod!' how to dispose of that
Piece of land except to the extent that Lot 4 has to be r,atle whole. The:,shouldnrt have any setback variances of itrs own. If there was a ira:t thatthe Iot to the north was going to pick up soF,e propert]r, I F,ean therersonl!' 2 choices. Therer s only 2lots that border the site. If it t{as
disposed in sor.,e F,anner that gave a share to each, rre rrouldnr t have a
probleF, irith that either. I guess the frrndarr,ental issue here though is the
City accepted a plat that on the face of it F.et all our standards. We had
no corrrprehension of the fact that when it was actualll' built lt wouldnrt.
we accept srrrvelrs and srrbdivision proposals on good faith that the!,ire
prepared accurately and that the:rrII be developed accuratel]' and in thlscase it didnr t work.
Ellson: well thatrs rrr! corrrrrent. Irm lnterested to see lrhat the otherpeople have to say but I guess I'rr, fishing for a rtiddle ground. Not eas]tto get thorrgh.
get theri to build down low but I canrt guarantee it because people have a
t alr of changing their r'.i nd after I sell ther', the lot so I just didnrt santto get involved in sor.rething I couldnr t personall!r guarantee but there areother adjoining land owners that could use Lot 5 also and it na!' have sorre -residual value. Be it to the Fraserts. Be it to the other adjoining landoirner, I irould still like to see that portion r,arketable even if itrs notbuildable. At least so there is sor',e recoverl, cost anil if thatrs thesolution that ]tou come uP Uith. I'm available for any questions. Thank
you .
Erhart: Okay, thanks !1r.not is there a r.rotion to
An!' other input fron the public? Ifpublic hear ing.
Peter son .
close the
Eto,ings moved, Ellson seconded to close the public hearing. AII voted infavor and the r,otion carried. The public hearing was closed.
Erhart: Okalr, letrs do sor,ething different this tiFre. Let's startn,iddle. Annette, wh}, donrt you start? I bet you werenrt reaallt for 1n Enethat.
Ellson: Thatrs r.rh l, I choose the center. I can alwa]rs hear at least oneopinion before r,e. This renrinded me of a nightnare when I read it in the
f irst tirr,e. Then I kind of read it over a few tir.,es. I can certainly feelfor the people on Lot 4 and I know that rtistakes can happen and !'es, the!,
have consequences when they do. What I'd like to see and r',aybe I should
ask the applicant if it's possible, I agree with Mr. Nelson I grress that...
Jir' Peterson: Peterson.
EIIson: Peterson. One of those coF'rrron naFres vou know. But ls that I'dIike to see sorre sort of corr,pror,ise is possible. I donrt like the idea of -absolutel:r lrrrning that one into dust balls because of this r',istake :'et I ttr,
wontlering if r.,aybe the staff can answer, is it possible to put arequirenent that the house can only be built in this area and have it
r',arked. That this is a buildable lot only if the house is here and it
would be sotrreplace toward the front and preferably on the right or
soFething like that. I donrt knoir, do we have any jurlsdlction over that
sort of thing?
Krauss: The Cit]' rrould not be in a position to do that. All the:, can dols enforce our setback requireFrents which gives ther'. a lot of latitude tobuild wherever the], wish. The oirner cotrld presrrF,abl!, put soFre covenants orrestrictions on the propef,t!' that ire rrould not be in a position to enforce
that rrra:r in fact do that but rre couldnrt guarantee it.
Ellson: I'r, wonderingr cdh we approve it asking that this covenant be
done? It sounds like yeah, you could ask lt. It still doesnrt have to bedone. The:'rll put it anywhere the:' tant to and we have no...
Krauss: Theoreticalty you could I suppose but your re dependlng on a thirdpart!, that we have no contr-ol over to carr]r out an action and they rtight
never record the covenant. The], r,ight void it out the next dalr or whatever
and we donrt have an!' recourse.
Planning Cor',n i j.on Meeting
Harch 21,, L990 - Page 23
Planning Cor,n ission l,teeti ng
March 2I, L99g - Page 22
!tI-. Fraser: ...significant problen in that I.r. looking straight into thedevelot rrent . ..
Erhart: Oka:r, thank :rou. Is there an:rbod:r else who rould like to addressthis issue?
Jim Peterson: !,!], nar,e is J irr, Peterson. I work for George NelsonAssociates, the developer and I donrt know if frd necessarily like toaddress this issue but I ni1l as long as I rr, here. I feel errrpathetic forall parties involved. I sold the Fraserrs the lot. Ird really like then tobe happ!, in their new horr.e and I donrt like to see therr going throrrgh thisstress that this ls causing therr,. I don.t appreciate the r,,istake being
rrade but it happened and I have to live with it and I donrt see a realpoint n,:rself being vindictive tordards the engineer or the people that r,adethe r,istake. I reall:, want resolution to get on irith things if at attpossible. I feel if therers an], hardship here, that Iirr, probably affectedas rr,rrch or r\ore than anyone. rt's rr,y urtirrrate obrigation to satisf]r theFrasers. Not onllt in title but their happiness to soFre degree. It-s rr,yultirtrate responsibilit!, to correct the probler,. I put the road in. paiafor the road. provided financial srrreties to the City for the road and Icanrt seII a lot until this is resolved. Itrs not of rv,y doing, not of F,!'carrsing but r'1r do rrhat r can do to help sorve the probleF,. As r sit trlreand Iisten to this, I,ve been involved in this fro$r the beginning and Ihear thro sides and they donrt, I dontt know that elther one of theft arecoltpletel:, accurate fron, rry perspective. And Itm not in a position to picksides here with either of these people but s onre errors that I.ve heard -in
the discrrssion of this. One, I dontt know that anybody objects to thereplat per se. I think, and correct rvre if Irn, wrong, that staff and theFrasers and Pioneer are all in agreer,ent that it probabl]' doesn,t benefit
an]rone to r,ove the road. What I need to know is do we r',ove the road or dorre not n,ove the road and that,s the first thing that I have to know. Sothat has a bearing on Lots l thru 3. To rraintain their tot sizes, their1ot lines worrl-d be dif ferent if we rr,oved the road versus if we didn. t r,ovethe road so as we work aroundr then rre get into Lot 4 and the Fraser.s lotand the probler' with Lot 5. When I first started to look at resolution ofthis problerrl the f i.rst thing that I wanted to see happen rras that theFraser's were corrrfortable with thelr easterl:, tot line. Moving it t here it
was r,oved, it was nrlt oPinion at the tir'e that this ls where they thought it
was originall]t excePt for the Portion in the front nhere it turns and corres
toerard the nel, road. But it was shaped that wa], to put it where theyoriginally thought it was. I think part of the problerr, is theorientation. The!' dldnrt reall:t understand I dontt thlnk that this is howtheir horrse erorrld face either until lt got built. I think part of that isthe road and then part of that ls just the]rrre not understanding. But aswe Iook to resolution or as you rtake yorrr decision here, therers 3different recor,rrenda t ions that the staff has outllned. As far as f rFr
concerend, Irr, jrrst looking for resoltrtion because Irve got to get on srith
nry progrart here. I would ask though if when you consider Lot 5, t ith Lot5, if yorr leave it a Iot and we donrt, Like Joel salrs, we donit exceed theoverall densitlt. Vlhat I told the Eraserrs i{as that I couldn't selI thatlot and guarantee that sor,eone would build their horrse where the:, rrantedit. I worrldnrt sa:t I wouldnrt do it. I said Ird encourage it. Iid tr]r to
Planning Cor',n,ission l,!eetingllarch 21, 1990 - Page 2I
Erhart: Letrs let Mr. Cooper finish.
JoeI Cooper: We in good faith r,et with the Prasers at their horrse r',ore
than once trying to establish a lot line that would nreet with their
satisfaction. What we've shown on the replat at that tirrre had F,et rrith
their satisfaction. We agreeil also at that tir,e to provide ther, with
financial rr,onelr to heLp tber'" screen ther,selves fror, Lot 5. Create sor,e
privacy in their backyard. we slrn,pathize with ther,. Horrever, we have to
also bear in r,ind that although the house is skewed, thel' also had the
opportunit], out at the site to Look at how their horrse was sitting on their
lot to get the orientation the:, wanted and the:, chose this orientation
because at that tiF,e they told us their excavater, the!, wanteal a walkout
lot or a wal,kout on the corner of their house and told ther', that this was
the best wa:' to get a satkout on their horrse so this is hoer the:t selected
how the], rranted thelr horrse orientated to get the walkout to reduce or
r.,inirtize their grading costs which be it as it r,a!t is basicall]t as I
understand it is how the:r selected hoi, they wanted their horrse orientated.
As far as the distances fror', the existing lot that they're Platted on,
their house is presently 2g feet fror, the existing lot line as platted. It
F,eets setbacks. The onl], encultrbrance that we've been able to find is that
their septic s:rster, encur',bers onto Lot 5 in it's present condition or itrs -present location. I think the drainfield as we locateal it is still on Lot
4 as platted. The purpose for Putting the line over there where we've
shown it on the replat was to trl, and create a back :tard to the sar'e
conilitions as what they thorrght the!, originall:' purchased. I grress that's -aII I have to sa:r.
Erhart: Oka]t, rrh!, don! t
want to get this into an
woulil cor..re on up.
we let the Frasers speak one r.,ore time. we
argurr,ent but rrhy don I t :tou go aheail and i f don I t ^voll
Mr. Fraser: The original lot line is obviously always a straight line
because that's, and t'rhen they r,ade the error it was still a straight
Iine...so all that area in the front. there would have been includeil in our
property also... And when rre r,et with Pioneer, to us the optinw, solution -and rdould allol, a horrse to sit on Lot 5 rras...if it was up farther...we
would have been a lot ttore anrenable but thelt said thatrs not Possible. You
canit put an], covenants on property whatsoever because, it just requiresgrading to do that and that was what it would take if they... So right no$
we feel that the...and the tralt the rePlat ls shown, actualllt ne have r,ore
ProPer tlr. . .
Erhart: Let r,e phrase what I thought you said. You said
better satisfied if the house on Lot 5 eras tr,oved towards
Iot line? Is that what vou said?
that :rou would be
the front of the
t!r. Fraser: At that point it would have been...but even noht the rray thepropert:, is and stuff, I have trouble. ..becatrse I have an additional
probLer, wlth the horrse being...shich I stlll think is Pioneer Engineerlngr s
fault becarrse if the road was straight that lrouldn't have occurred.
Erharts Brrt because the house, rrhere yorr think it has to be or on thatplan is so close to your view. Thatts a significant problelr, for :tou?
Planning Cor',r,ission Meeting
March 21, ),999 - Page 2g
ont our back window and see this house and we bought a 2l/2 acre lot...Part of that location problerr is when we put this house where we... andthey showed it on the r,ap to us after thelr survelred it and put it on therewhich had to be rrrong because the:, used the wrong lines so it corrldn't beright. And then when r,:, nife got the paper, she toltt therr sorrething,srrong here. This looks terribLe. It l,ooks realllr...and itis really wrongso they brought sorrrebody out to the back of our house. youtre looking atlines on a piece of paper. In the field there ls no line. Itrs just likethis ancl we find out later, 2 F,onths later that the person who car."e upand...was a corr,puter prolritrrrrrer and did not an!'bod:r of any knowledge ancl weraised... Part of that is due to the fact that the survel, cor,pany, uhenthey placed the house and we did bring up the point that rty wife, rhen shepicked it up, sor,ething doesnrt look right. We didnrt know what because wewerenrt knowledgeable enough.
Er,r,ings: Do :tou know how far in fact ]rour house ls set back fror, the truelot line that divides 4 and 5?
}{r. Eraser: Oh I knorp. Itrs about, the true lot line, f have less than lgfeet frorr the corner of r':t house because the stake ended up... Thattswhere the stake ended rrp.
Eto.ings: That was the stake showing that lot Line.
Mr. Fraser: That was the Other surve]r.
h,rr,ings: The platted lot line.
r. Eraser: The other surve!, showed the lot llne there.
Delores Fraser: We feel the on
recorr,rrrend a t i on . . . so we' re hopin
because we think itrs golng to.
a:r...is to go along withat you donrt approve the
ly tr
9th
staff I s
va r i ance
Wildern,uth: Would you lay your overhead back on there. you shor, 3crrl-de-sacs. Which is the actual cu1-de-sac now?
Krausss The actual one is where the solid line is.
Wilderrtuth: The rr'ost northerl:, one?
Krauss: Right. The right-of-way is the dashed llne underneath.
Wildermuth: I guess there are only tso. It seerrrs to trre I saw three.
JoeI Cooper: SoF,e of what the Frasers sald is true here. Horrever, I guessI have to take exception to a couple of the corrnr'en ts theyrve rtrade. Firs.tof all the location of their house, thelr ttre:, our surve], crew out on thesite and the!, located on the site where thelt santed their house and howthey wanted to orientate it. The lot Line that werre showing therrr rightnow is the exact saF.e lot llne that the:, thought the:, had at the tirr,e theyorientateal their house.
Planning Cor,rr,ission Heeting
uarch 21, L99S - Paqe 19
JoeI Cooper: Yorrrd basically be building the
addition, there would be costs in l.ocating thethere and Irr, not sure what that cost would be
street over again, yes. fn
electric that's presentl:,
Erhart: Okay.
in case we havepublic on this?
Mr.
any
Cooper, maybe if you'd just take this front seat thereother questions. Is there an], other coFrFr€nt frorr, the
you r',ight do is we' ve got a nee, F,ap f rorr. the
:rou tell us if this looks kind of accurate to ]'ou.
Delores Fraser: tl!' narrre is Delores Fraser and I rr, the owner on Lot 4. ItdIike to express n(!, opposition to the plat being replatted and a variancegiven on Lot 5 because we feel that with the position of the way our house -is on the land, that it would seriously depreciate the value of our house.
The onl:, rra:t I can really shoh, that is to show you how our house is sitting
on the land. You have the same map but I think I have lt too. ...the way -the house is oriented, the surveying corr,pan], that srrrvelzed the road and put
the road in also staked our house. The ideal was with the road in straight
that the!' have the house flush t ith the cul-de-sac and the back of our
house should be looking back into the road that cotr,es here and here houses -
anal here is the back of their 2 l/2 acres and our house should be looking
straight back into the 2 l/2 acres. Instead rrith the road coming in at an
angle and the!, staked the house, it was staked back into the developrr.ent as-
a results of the skew of this road. The onllz buildable place on Lot 5 is
on this ridge right behind our house so the house is prett:r n,uch on the lot
llne very close to our hortse which could have...back :'aral literall]r. 5gfeet arra]' and it worrld be really close together. We feel that that is an
unacceptable situation. Another point that wasnrt brought up by
engineering, when lroutre ).ooking at these F,aps, the wa], the!, trse the centerline of the road it should have been...the lines that are on the ground are-not the lines that are on there now. this is the wa!, that it looks now.
Errdrrings: Another thing
engineers and why donrt
Delores Fraser: It is.
l,!r. E raser: Do ]rou have a red narker?
Olsen: This rrright work.
Mr. Fraser ! When we got this piece of propert:r'thlE is what we thought...
It iras staked along that line there. Thatrs what rre thought...and inrealit!, the problerr, tas found t,hen another surve]t compan]' car',e in becarise
somebod!' was going to bu}, Lot 5 and j ur,ped the gun a little blt and had the
house survelred and when he surveyed the house, he put it in the Ftost
obvious spot. The stakes are still sitting there and thatrs where it is in-our back:rard because it happens it aII low lying in the front and :rou cantt
see the picture but it i s actually srratrrpland alrrrost. . . That f lrst highpoint is the nrost obvious place to put it but it ends up in our back yard. -Then rrhen they car,e in, they staked it. The:' put the corner stakes really
where the llne is, 10 feet, 5 feet fror, our house. Thatrs how close it isto our house, the corner stake. Thatrs rea1l1' where the whole probleFr tas -found b], another survelzing cor,pany coning in there and...the wa:t that lot
is existing, the tero horrses will be about 75-65 feet apart. Wei1l Look
Planning Cor,r.,ission Meeting
March 21, L99S - Page 18
PUBLIC HEARING:
PRELI}.IINARY PLAT TO REPLAT LAKE RILEY WOODS 2ND ADDITION TO CORRECT A
PLATTING ERROR, GEORGE NELSON ASSOCIATES.
Public Present:
Address
Joel Cooper
Jir, Peterson
Mr. and !,!rs. Fraser
Pioneer Eng ineer ing
George Nelson Assoc iates
Lot 4, Lake Riley woods 2nd Addition
Paul Krauss presented the staff report. vice chairr,an Erhart called thepublic hearing to order.
JoeI CooPer: M}, naF,e is JoeI Cooper. IrIt, trith Pioneer Engineering. Werrethe engineering f itrt that was fortrrnate enough to have r',ade this rt,istake.I guess I take exception i{ith paulrs stateFrents. I guess our position isobviousllt werve r',ade a r,istake and lt's not a little nistake. Itrs onen,istake that's corrpounded to another rtistake. We have in good faith triedto resolve this situation in a F,anner in which we think is reasonable andr'ost prudent for all concerned. lle,ve had several r,eetlngs with thehor,eowners on Lot 4 trlzing to resolve a lot line that would rreet rrith theirsatisfaction in this replat. Had n,et with that satisfaction. The linethat we have rr,oved it over to is at a location where the:, previouslythought was their Iot line and contains all the ir,proverr,ents that is ontheir lot. The net result of thls of course is that the corner lotrequires 2.2 acres, or is reduced to 2.2 acres. We realize that this issubstandard but ee feel that .3 of an acre shortage in a 2 L/2 acxe lotdoesn't r,ake that Iot deficient in the fact that it can stiLl function as alot. You can still locate drainfields on it. you can still place a houseon it and can F,eet aII the other needs and can support a house. AIso, rriththis replat is the net platted area rer,ains the sarrre. The onl], differencehere is that one lot is .3 short and f grress re feel like this is the bestsolrrtion for all concerned. I guess I donrt know what else I can sa]r.
Erhart: Thanks Ur. Cooper. Go ahead Steve. Do you have a question?
Er,r,ings: I'd just like to ask you a question whlle yorrrre up there. Has
an:'body estiF,ated the cost of rroving the road to where lt ought to be?
JoeI Cooper: well, to construct the roail rrhere lt ls presentll' cost...
Errr.ings: No, thatrs not the questlon. I know that cost.
JoeI Cooper: WeII oka!,. To F,ove it to hrhere it nould have to go worrld
approxirr"atel)t the sarne cost. Basically what ltourd have to do is yourdto tear up the whole street. There tas extensive earth correction workdone. That would have to be redone into the ner, location.
be
have
E[tn ings' So ltour best estir,ate is that it would be the sar,e?
Nap,e
Planning Corr,rt ission l,leeting
!{arch 21, l99g - Page 17
what the social function of the land is. that lrou have to draw a line
someplace. I knoi, the DNR I think draws a line at 1 acre.
Krauss: No, itis I0 acres or 2 l/2 in some.
Erhart: Isnrt there sor.ething thatrs I?
Olsen: If you fill rtore than I acre of a rretland.
Krauss: What werve been looking at is a s!'steF, that doesnrt take slze onlylnto account but it takes the value of the wetland. You can have a halfacre wetland thatrs pristine nildllfe habltat and you have a 5 acre onethatrs sor,ewhat worthless andl there are wa:rs now of getting thosegradiations down on a r,ap andl ]tou can accept changes ln one and not the
other .
Erhart: An:riralr, in n,y r,ind itts sor,ething less than an acre and these are
both less than hal.f an acre and so again, not to repeat but I agree withthe stateR,ents here and vrith that, those corrdr,ents, if werre all readl',entertain a rrotion on this.
ELlson: I r,ove the Planning Cor,r',ission approve
Pern'it *90-1 as shown on plans dated March 12,outlined in the staffrs report.
Wetland Alteration
with the two condl tions
the
199S
Erhart: Is there a second?
Wi lderr..uth : Second .
Erhart: Anlt discussion?
Ellson r,oved, Wildernuth seconded that the Planning Cor',rr,i ss ion recorr'rnendapproval of Wetland Alteration Perrrri t *90-1 as shonn on the plans dated
March 12, 1990 h,ith the following conditions:
I. The type of wetLands that are being rer,ovetl as part of the Lake DriveEast ir,proveF,ents including T:rpes II, III , V, VI and VII sitl beprovided in any egrral amount at the wetland site on the Eckankar
Propert!' which is being developed as part of the West 78th Street
Detachrrent Pr ograrr.
2. T!'Pe III erosion control shall be provided to protect unaltered iretland
areas .
AII voted in favor and the r,otion carrled.
Planning Corur,i ss i on eeting
March 2I, L99g - Page 16
Er,r,ings: Yeah, I can see it. Iile've acquireil that propert:r.
Olsen: Through an easerient. WeIl and actually when llcDonalds comes
through their platting, we will be acquiring this as right-of-way...
Errrrings: So really itrs not ours. We donrt have the opportunit:r to go inthere and irr,prove it.
Olsen: This one eill return to itrs state. I mean itrsaltered but it wonrt have that rrater. The ditch running
the niddle till return to itts natural state.
going to be
through wi 11 be,
Ero,ings' WelI I guess I can see a rationale, although I think the City
should look for opportunities to irrprove eetlanals that we affect. I guessit wouldnr t be appropriate here but I think rre should look for thoseopportunities. If we're golng to require it of everybod]r else, we ought tobe setting the tone but this I guess is not a place to do it. It seer,s torre to be distinquishable frorr the last one we were talking about when newere talking about puttlng in public improvenrents that benefit everybody.
Thatrs quite a different thing than filling iretlands on lrour own landsir,ply because you prefer to so I donrt have too r,uch trouble with that. Ijust hoPe we're doing ever:rthing te can to look for alternatives for thepath of storr, sewers and everything so we avoid these areas but I vote forthis assurr,ing that alI thatrs already been taken into consideration.
Erhart: Who owns the
Chanhaven
propert:r?
OIsen: It I s Plaza who
Krauss: Yes. Itrs privatel:t orrned and llcDonalds is buying a sliver of it.
Olsen: And then Dataserv also.
actuall]t owns it.
whole plece?Erhart: f nean sorrraol€ owns that
Erhar t :
wetland?dirt?
In our ordinance, wetlands ordinance, do we have a r',in ir,ur." size of
Ho$ do you know when a netland isnit a horse Laking a hole ln the
xrauss: Yeah, there's a real d i ler,r,a there frankl], Mr.
one of the other issues that we want to get at with thls
nanagerient p1an. our ordinance basicall:, sa:rs we know i
And depending on whors looking, itts either there or lt
be consistent but it's difficult.
Chairr,an. Thatrs
storF [ater
t shen we see it.
lsn t t. We tr:, to
Erhart: Essentiall:r I guess n:r feeling isnrt a whole lot different than
what appears to be the consensus on the corrrrission here. I would add thatin reality I think we have to put a minir',urr, size of what is a wetlanil
because frorr, the stanilpoint of people r,anaging their tand and tr]ring to, apractical approach to land developn,ent as r,uch as I think r,ost developersthat cor,e in here h,ant to work with us on our wetland orilinance, there is
sone point rrhere a half acre wetland, although it r'"ay be valuable, itrs
value at sor',e point where it just becomes srrch a srr,aL l thing relative to
Planning Cor',rr,i ss ion Heeting
March 21, L99S - Page 15
over here, what if I just turned it into wetLands. would we a1low thatsort of thing as a r,itigatlon?
Olsen: That is sorr,ething that we will be, thatrs kind of a new thingthat's happening with the nitigation banking. If the!, donrt have otherland and the Cit], does that we can develop and thelt can provide like afee or wetland fee.park
oI sen :
EIlson:
ol sen :
around
Ellson: Yeah, somehow bu]r it.
Right. The r,one:, that would go toirards...
Get it dedicated torrards that.
If itrs a viable Class A wetlanil , even withthat because those !'ou just canrt replace.
the Cit!' we tr:' to work-
The other qrrestlon I have rras the Eckankar property wetland isbe an irrrprover'ent over the current one?
ire I re
area with -
EIIson:going to
Olsen: Over these trro?
EIlson: Right.
OI sen : Oh lteah .
Ellson: Frort what I rener,ber. In other words, itts going to betaking 2 okalz ones and werre replacing it in a totalty differenta great one or sor,ething to this effect.
Olsen: we are.
Olsen: Werve done that too.
Ellson: WeIl Itd vote to accept the staff proposal. Nothing further.
Ertr,ings: Therers Class A and B wetlantls in each of these areas. Whenother people coryle in and want to, just looking to the one to the eestthere, when thelt want to alter wetlands like that. Worrld we feel itrsnecessar:, for therr to alter it, then usually we have therrr inprove thebalance of the rretland. Is there an opportunit!' to do that there?
Olsen: Again, itrs not on our propert)r. I dontt know hos ue wou1d, would
t e have to acquire that propert!, or rbether we could do it t ith an
eaSeF ent .
Hr'r'ings:Oh, I see. But ireire acquiring...
Itrs just where that dot is.OI sen :
EIIson: So that r,ight be another precedence that it has to 90 to anir,proveFent or son,ething like that?
iretlands, when that develops, then I,e would have that opportunity if the:r
ir',pact those. But rre just donrt have control of those properties. wecanrt really say. Itrs a city project so rre really canrt sa!, that they
have to replace the wetlanil and we would have to purchase the propertlr.
Ahrens: Irr, just curious. How is the Cit:'
eetland on the Eckankar propertlr?
able to keep expanding the
Olsen: On the Eckankar propert:'?
storFr irater rr.ranagertr€nt . ftIs part
real ignr',ent .
Wer re purchasing
of the downtown,
a portion of that forthe west 78th Street
Ahrens: Itrs just going to keep expanding? Keep purchasing?
Olsen: No, we alread], have it designed and it wasover what we had to use to replace another wetlanal
Lake Drive near RoseF'ount.
in excess of the acreagethat we altered with
Krauss: Mr. Chairr(an, if I could expand on that just for a second. If it
seer's like we fly by the seat of our pants with these sort of replacerrrents,thatrs in effect what we do right now. Staff has been talking to the Citl,Council for the last 4 or 5 months about the possibillty of undertaking a
storm water managerlent plan, a cor,prehensive storn rrater rrranageFrent plan
that would also eF bodlt a ver:, heav!, rretlancl protection effort anil probablya redrafting of our wetland ordinance. Those sorts of trade-offs rdould bever], clear and understandable under such a plan. I think the Council andstaff see the rr,erit of that and now it's a Fratter of bringing that about.We're looking for sone financing rr,echanisms for it. Itrs rather an
expensive and lenghty process but thatrs clearl!, the iral, to resotve thesethings in a con'prehensive manner. Until that tine, werre doing the best wecan with these replacetrrent prograr,s.
Ahrens: It does Seer, arbitrar:, to r,e and
are being used to determine i{hat r{etlandgo except for sorrre 3E€ Irror€ valuable than
understand those standards. Thatis rdh:r Ito tell :/ou the truth.
I donr t understand what
should sta], and which one
others but I still donrt
have a hard tlme voting
standa rd s
sho u !.d
on this
Erhart: Annette, do 1'ou have sor,ething there?
Ellson: I saw this once before and I it confused rre at the time and I was
going to ask you if we were buying the land on Eckankar or if we just sortof tell ther, to n,ake it bigger and thelrrll do it or t hatever. What I was
wondering is if sorr,ebod:, else was developing and the:' couldn't bulLd thelr
t etlanal on their exact site like weid prefer and yet they owned other landslthin our property, would we allol, theR that saFre opportunit], that rrerregiving ourselves is what Itm sa!'ing? I r,ean for all falrness rre shouldprobabl:', Irve never been involved in one.
Olsen: Thatrs never occurred but ]res.
El1son: I can j ust
r,oved yours when you
See SOIrreOne
wanted to
corr, i ng
take lt
up to us and sa], qrel l ,out and I own a little lrou grr]rs
patch of
just
l and
Planning Corro, i ss ion t{eeting
l,larch 21, L99g - Page 14
ililderFruth: I srrpport the staff recor'r,enda t i on on this issue.
Ahrens: I had a problen, with this too for the san,e reasons that JiF,stated, although I can see tbat there is a different situation here.
didnrt hear r,uch talk though when the last discussion about the tlrpe
wetland that rras located on these people's propertlr. whether it was
Class vII or whatever class it was and whether or not it was good or
I
of
a
badl .
Olsen: It was Class A.
Ahrens: AII the way up? ALI 45 feet up?
olsen: Right, yras a class A. It wasnrt as far as the quality, it did have
purple loosestrife in it and so that wasn't the highest qualit]' but the
wetlands adjacent to open waters are soF,e of the n,ost irrportant so I do
strongl!' feel that there's a different bet$reen these thlo situations.
Ahrens: And there's no place on this propert:, to relocate the wetland?
Olsen: There are several
A realllr doesnr t have to
McDonalds site is coFing
replace it there.
different properties
be. The:t're going toin in the near futrrre
along here. And again, area
be developing. The
too so we donIt nant to
Krauss: The expansion.
Olsen ! Or the expansion. Their site plan. The area B tetlanal , these
sites are going to be developed in the future so thatrs not reall:t t here rre
would l,ant to replace ther,. There is a rretland that rras a F,an tr,ade pond on-
the Dataserv site and we are looking. The:r are going to be cor,ing in thefuture too to replace that netland and provide a larger one, altrrost double
the size and create a better wetland. So there was the opportunit], topossibl]r have, replac€ sorrr€ of these areas on that site. It just didn't,
we irerenrt verified that was going to actually happen and rre still arenrt.
Whereas with the Eckankar site we do know that thatis going ahead. we do
have that replacer,ent there that we can use.
Ahrens: Is that the onllr location where yourre relocating wetlands?
Olsen: currentl!' thatrs the one site that the City is involved with as far
as our nitigation bank this is going. We alwa!'s prefer to replace thetr, on
that slte and we did discuss that with this situatlon and didnrt reaLl!'
have a place irithin the alignr'ent to do that.
Ahrens: So if McDonalds cor,es in wlth a proposal to...
Olsen: The:"re not going to bel the!'rre just going to be golng uP to the
edge of that. That is one, that's the t!'pe of wetlanil that ne have allorredto be filled and then replaced elsewhete on that site or to be lrr,proved
sor,ehow. The HcDonalils site plan, yrlth their expanslon doesn't in,pact thatiretland so we don't have the opportunit:, at that tir.e to require ther, to,if they're going to be filling it or altering it to replace it with anotheryretland on that site. But possibly when that propertlr inbetrreen tbose two -
Planning Conrr,i ss i on Heeting
l,larch 21, l-99g - Page 13
Planning Corto,i ss i on Heetlng
l,larch 2l r I99S - Page 12
Er,n ing: The other thing is the Cit!' Attorne:/ ought to look at...
wilderr,uth: Thein here that the
establish hor far
lray .
other thing is, we ought to have son,e kind of a provision
cit!, staff and DNR and the propert:' owners get together to
back the excavation has to be. 45 feet is an awful long
Erhart: well I thought we did that. Effectivel:' by ailding the new point,
I think we did leave it open for discussion.
Ahrensi If the:, can cone up with sor.e proof.
Er,tr,ings: But the other thing is Jir,, the DNR'S interest ends at theordinary high water nark. They have no interest above that. We havestricter standards than thelr do and werre entitled to have those.
Bob Pfankuch: Just one r,ore thing. City sewer extends belrond the ordinar!,high water rtark. Tbe DNR, Pat L:rnch doesnrt go with a straight linebetween the too n.arkers so I suggested a curving r\ore natural shoreLinecertainl!' at least to the extent of the city sewer. He said if you have topull it back to the ordinary high water rr,ark, the City will have to retr,ovethe soil. And incidentalllz, that 2A fooL easerrent was put in b!' the Cit!'
and the getlands irere covered b}, the Cit], so Irm really not responsible forthat. That's an existing condition. Thatrs 10 feet on each side of thesewer. 10 feet on Frost I s ProPerty. . .
Erhart: Oka:', this sill go to Citl, Council, unless you have sorre furtherdlscussion with staff, on April 9th.
PUBLIC HEARING:
WETLAND ALTER,ATION PERMIT FOR FILLING AND ALTERATION
VIETLANDS LOCATED ON LAKE DRIVE EAST, SOUTH OF HTIY. 5
AVENUE, CITY OB CHANHASSEN.
OE CLASS
AND EAST
AANDB
OF DAKOTA
Jo Ann Olsen presented the staff report. Vice Chairman Erhart called thepublic hearing to order.
Ellson r,oved, Erd',ings seconded to close the public hearing. AIl voted infavor and the r'otion carried. The public hearing was closed.
Wilderr,uth: It seerrs inconsistent that here we're going to fill
and on the issue just preceedlng this we're going to F,ake people
iretland. This is all in the Lake Rile]' watershed right Jo Ann?IegitiF,ate to do this trade-off as far as the DNR is concerned?
a rretlandrestore a
so itrs
Olsen: What iretre doing is werre not redirecting, therers onl]r a srr,allportion of the area A wetlanal so the water that purpose is serving has not
been altered. The r^rater runof f would still. be rr,aintained in the area B
wetlancl b)r putting in the storn, sewer. Itrs just not running aboveground, it's running below ground.
Planning Corr.rt, i ss ion Ueeting
Harch 21r L99S - Page Il
Erhart: And so to get it
here. To get it reviewed
Cor.'F ission? Does he take
reviewed again and ire're going to pass sor,ethingwith better data, does he go back to planning
it to Council or can you give hir', sor.e...
Erhart: oka]',
Krauss: It lrould be helpful lf it were clarifiedCitlt Council. otherwise we couLd tr}, anil do it at
Bob Pfankuch:
before it went to the
staff level .
Corr,rr,i ss i on E ec otrrlrr€nd
the following conditions:
ha ve
be
by
the burden of proof is on the City.
an:t other discussion?
r rd
:^
say
ther e
Enut ings moved, E1lson seconded that the Planning
approval of Wetland Alteration Per(',it *88-3 with
I
2
Lot 2, Block 1, Colonia1 Grove at Lotrrs Lake 2nd Addition, shall have
451 x 72' x 45r of fill ren,oved r,easured frorr, the propertlr lineadjacent to Lotus Lake as shown on the final p1at. The fill rilt be
renoved b!' June L5, L99g using the typical cross section provided bythe DNR.
Lot 1, Block 2, Colonlal Grove at Lotus Lake 2nd Addition, shall
45' x 781 x 42' of fill r€F.rov€d measured frort the propertlr lineadjacent to Lotus Lake as shown on the final plat. The fill will
rer,oved b]t June 15, ]-99g using the typical. cross section provided
the DNR.
3. The applicant shall be perF,itted
wetland to provide access to the
4. The area of rer,oved fill shall bestate.
through the restoredone boardwal k
dock.
allowed to restore to a natural
5 An], purple loosestrife that returns shall be ir,r,ediate).y rertroved as
recoF,n,ended by the Fish and Wildlife Service rr,anual, .Spread, Ir,pactand Control of Purple Loosestrife in North Arterica WetIands".
7. If the proPert), orrners can Present proof to the satisfaction of theCit:' staff that the netland did not extend into ttleir properties frortthe lake as far as the:rrre being required to rerrrove flll, then thatshould be taken into accorrnt and the artrouht of fill to be reFrovedshould be adjusted accord lngly.
ALI voted in favor and the rr,otlon carried.
6.
Err'Fings: I
Wi lderr,uth :
Prior tofor Ci t:'any work beingstaff approval
think.lir, is
I voted ]tes
done on the site, the applicant shall subrr,ita grading and erosion control plan.
voting no but f rrr, not sure. Ma]rbe he didn't vote.
but :rou know...
Planning Conur,ission |leeting
March 21, l99S - Page 1g
the land. That was solid virgin earth. Shirle!'r s here tonight. Her
propert:' is adjacent to r,ine. Opposite the Erostrs. The ortlinary high
lrater stake is about 2 feet back fror', the lrater's edge qrrrrentl]r. Her lotis in natural condition. It certainl:, aloes not have 45 feet of wetland.
rr,ean if it's r',ore than 1g feet ltd be surprised behind the ordinary high
water rr,ar k . Thank !tou.
Erhart: Any coF$'ents PauI?
Krauss: Well I'ou know as to the sand beach, the DNR Fra!, have regulations
again aborrt that. I rrr sure the:r do but you cannot throw a sand beach downin a Class A vretland and no DNR official would tell lrou that ]rou couId.
I
Erhart: I{hat
ordinary high
Bob Pfankuch: Itrs
can sand 508 of the
each t ir,e . You canfor the 3ral and 4th
is it? You can put a
water rrrar k? That ltou
down in this city below thesand beach
can do?
Er,r,ings 3 But lrou need to get a perr',it to do that. You can sand above theordinarl' high water nrark is F,:' understanding without talking to the DNR but
:'ou canrt sand below the ordinary high erater r.ark rrithout talking to thefi..
He said sor',ething different tonight but I just donrt...
not the wa:' Pat L:'nch explained it
lakeshore not to exceed 50 feet to
do it tvrice without a permit. You
and 5th and 6th tirrre.
to rrre .a depth
have to
He said 1,ouof 6 inchesget a permi t
fill up the water area on the other side of the wall
going to have is a triangular ditch.
Bob Pfankuch:
with sand , what
If I
I tr,
it
f t I s
Erhart: But is belov, the ordinary high eater mark or above?
Bob Pfankuch:
:rou can sand. . .
on the water side of the ordinary high water mark where
Et'rrr,ings: But not if there' s a wetland there ]rou can I t.
Bob Pfankuch: Itrs fifled with water. What do ltou call that?
has to rer,ove all the fill, then it will be covered withWilderrtruth: If he
water r ight .
Erfi,ings: So what?
Erhart: But lrour feeling is itrs above the ordinary high water tark?
Well, anywa:/ I grress what happened. Essentialllt if the aPP1icant feels the
date is wrong that rre dealt with, he has the oPtion to do what?
Krauss: Werd be happ], to receive any better
orrr best grress recoFfrrendation after the fact data than we have.
which is difficult
We F,adeto do.
Ero.ings: Below the ordinary high water mark?
Planning Conrr,i ssion Meeting
l,larch 2I, L99g - Page 9
Ellson: According to that manual lrou can do it.
Erhart! PulI it out b:, hand.
Ahrens: You canrt do that.
Bob Pfankuch: Itrs never been demonstrated that
Erhart: I know Itve tried it rrryself .
Ellson: Do people have this rranual?
Erhart: I think 5 is just reiterating. Actually
ordinance for a lot that does requlre the rerroval
a l ready.
it can be done.
I think there is anof purp}e loosestr i fe
Olsen: Nrrisance. Yeah, itrs a nuisance.
Erhart: So 5 is just repeating what is already a law so does that satlsf:'
!'ou Jir'?
Wilderr',uth: No but.
Bob Pfankuch: Also in conversation r{ith Pat Llrnch, I know therers been
s otr'e articles in the papers about illegal sanding of the beaches so I askedhir. about that. You can sand the beach to a depth of 6 inches twicewithout a pernit fror, the DNR. If we rtove the waII back and I sand the
beach, t hat I'rr, going to have is a water f illed ditch if Irou ask rrre torestore a wetland and eventuall:' that silI fill up with soil, vegetation upagalnst the rock so you i re just going to r,ake rrr€ Eerrrov€ somethlng that r s
going to naturall!' fill in all by itself because the sand on the water side-of the rock is going to be higher than the so called restored wetland. Itjust doesn't rrrake an:r sense. Besldes being obviousl!, punitive, :rourreasking lr,e to restore sorr,ething that never existed.
Errrrrings: Thatrs an interesting point. Are you sa:ring there never sas a
setland down there?
Bob Pfankuch! Iirr, saylng there never was a wetland as described by theplanning staff.
Errfiiings' Do :tou have photographs of ]rour propert!, frorr that tir,e before it
was filIed?
Bob Pfankuch: I have soryre photographs but the]rrre not of a nature that Ithink corrld be used to show that. Some of the photographs that I suppliedthat ldere xeroxed copied with the constructlon dquiptrrent on it at the tirrethat it lras stopped wiII shoy, the extent of the loosestrife whlch ls on the-rrater side of the front loader. Then on the other side you can see thattherers a clearly delineated section of land that was sodded going dorn tothe dock and it rrould be the left side facing the lake, lrhatever direction -that is, is where the hill rras that actualL:, was carved do$n to flatten out
Planning Cor',r",ission Meeting
March 21, L99S - Page 8
have to be allowed to revegetate in a natural state.
Ylilderrr,uth: Itrd be an awfully graalual angl.e then.with the, or letis see it would be 45 feet. Hoh, rrouldIot adjacent to the Pfankuch lot? The next one.
How does 45
that blend
feet
wi th
bI end
the
Olsen: It starts at 45 and then
goes dohrn to 42 and the next lot
asking?
as vou
over 1s
go to the irest
left natural.
the southwest, itthat what ]rou I re
SOFre
and aIloe, :rotrermine where
r ltou to
or
IS
tlilderlhuth: Yes. I'r" asking rrhere the rretland ends on the adjacentproPert:' to the Pfankuch propert:/.
Olsen: These lines donrt reall:, reflect or arenrt to scale but it is,setland veqetation...froni what we could teIl.
Erhart: If we were to change the recoF,ry,end a t ion to provideflexibllity and use the teurr restored to original condition
sorr,e discussions with the applicant later on to actrralllr detthis line really was, woulil that rtake it easier or harder foresolve this going forward?
Olsen: There will alwa:rs be discussions on where it was.
Er,r,ings3 I guess rr,y suggestion on that would be this. Instead of, why
donrt we put in a condition that salrs that if the!, can, assrrr,ing that thisis passed in itrs present forrr, that if they can shohr any evidence that thewetland, did not extend that far into their property, that the Cit:, should
take that into account and these figures should be adjusted accordingly.
Erhart: Okay. WeIl, that would be m:t recorrfrenda t i on so if you would liketo r,ake, I donrt know if an!, of the other cor'Irrl ss i oners wolrld have an'9
corr&,ents, if you'd like to nrake that r,otion Steve.
Erfiiings: Yeah, I t ill. IrIl r,ove that the Plannlng Corrutission frcorrrFr€hd
approval of Wetland Alteration PerF,it *88-3 wlth the following conditions.
Nur,ber I sil1 read as is in the staff report. Nur,ber 2 wiII be reinserted
to include the other propert:,. There will be 3, 4, 5 and 6. Werll have a
new nur,ber 7 that wiII sa:, that if the Propert]t osners can present Proof tothe satisfaction of the City staff that the eetland did not extend into
their properties fror, the lake as far as thelrrre being required to rerrrovefill, then that should be taken into account and the aFrount of fill to be
renoved should be adjusted accordlngly.
EIIson: I'11 second it.
Wlldern,uth: I have one tittle problerrr there. If !'ou look at 4 and 5. 4
sa]rs the area of removeil fill shatl be allowed to restore to a naturalstate and then 5 sa],s an:' purple loosestrife that returns shoultl be
irrutrediatelw rer',oved as recora,ended by Fish and Wildlife. How are you going
to destro:' the PurPIe loosestrife sithout destro:rlng ever:tthing else?
Erhart: Pull it out.
Planning Cor,r',ission Heeting
l,la rch 2l , L99g - Page 7
WilderIT,uth: Thatrs it.
Rer,ind me again so Iitrr clear, the resolution to Outlot A was what?in the meeting here?
Erhart:
Ylas that
ol sen :
Erhart:
ol sen:
Erhart:
oI sen :
Yes.
I sonrt ask you
Right. They had
And the!' agreed
The:, never cane
if I was
to reF,ove
here because I rr' afraid of the answer.
a depth of 15 feet.
to that?
to the n eeting.
ElIson: They didnrt contest it.
Olsen: And that rrent through the Council.
Erhart: Okay. Is there any possibilit!' to rr,itigate this in terr',s of
moving, establish another area on the lot?
Olsen: I donrt know i{here }rou would do it. No. T}rpicall}t, I
a Class A wetland. Adjacent to the lake. I don't know where
replace that tlrpe of i{etland on their property or on that site.
rrean this is
YOU could
Olsen: Well there is a cross sectlon that thethat wouLd do is allow the ordinary high waterit was. Then the rer,aining portion rrould con,e
DNR has provided and what
rr,ark to cor',e back to where
rrp at an angle and would
Erharts Yeah, I rrnderstand that but itrs just that, and obviously t,e wouldprefer to have this discussion before the action was taken so se could dealwlth this logica1Iy.
Wildernruth: Tirr, I just had a little question. If the lake lot rewrovesthe fill tl5 feet back fror', t here the!' currentty fllled, is that wbat yourve_
proposed there or is that what the]rtre charged to do?
Erhart: You could r,ove lt to the Eckankar propertlt. f F,ean thatrs one of
the 'reconrrrrendat ions we're having tonight on another one. The real issue is-
here, one ira!' to look at this is that if it was just a I acre wetland and
they filled it uithout a perF'it, hoi, rrould we react to that?
Olsen: We are right now I believe.
Erhart: Yeah, except that in sor,e cases now we have this new alternative
that ire can rrrove it to the other side of town. Not that I want to give
an:rbod:, any ideas but.
Krauss! The one youi re quoting though Tirr. is due to an unavoidable public -action and ne are in a position to control the acqulsition of the neu
wetland and it's establishF,ent elseuhere. Itrs rrnavoidable and it was in
the public interest for that street constructlon that that be considered.
ElLson: Right, so the], wouLd usually never recor,rt end anything belrond that
an:rwa], so taking therrr as an expert still would onl:, go to the one point soI don't think that that holds a whole lot more welght so Itd go along withthe staf f I s recor,r.endat i on. No other corr'rr,ents.
Wilderrtuth: f guess I rtt. not reall], satisfied that there
back the 45 feet. DNR is recor'r,ending considerabl:, less
Ann Ird like to hear a good argur,ent rrhlr we're exceedingorders of lr,agni tude .
is a need to go
and I guess Jothat by sever a I
Olsen: Because the edge of
Wi lderF uth : But the!, rr'rrst
recon r,endation.
wetland rras beltond that.
knoetn that when they rr,ade their
the
have
Olsen: The DNR canrt go beyond. The]r canrt r,ake theFr rerr,ove beyond theordinary high water rr,ark. Thatts as far as thelr jurisdiction goes.
Bob Pfankrrch: The DNR last October had a core sar,pling tube out on the
Propert]r. Thel, were pulling core sarkples back, roughl:, 10 or 15 feet fronrthe rock wall which in itself is like t0 feet into the water I guess
according to the DNR nhich has to be r,oved back. Several occasions there
was no wet soil or wetland soil. In fact on the last occasion, he brokethe trrbe becanse the ground rras too hard and it wasnrt frozen. I talked toPat L:rnch of the DNR the day before ]resterda:r. Unfortunately his notesdonrt indicate exactl:, where he pulled the core saFrples but ltrr, sure that Icould get hin, to testifl' or get a letter fron, hiF, to the best of hisrecollection where he pulled the sarnples. SoFre of therr cLearly were notwetland and Irrr, talking like, yorr know 5 feet back frort, the ordinarlz highwater r,ark. So 45 feet back ls just, has no relation to realitlz nur,berone. Nur',ber two, the first issrre that Steve discussed, you,re talkingabout erell if we did this to the Colonial Grove Association outLot, thenthe sar"e thing should apply. It doesnr t appl!' because of the issue of theperrr,it. The association did not receive a per!,it. The contractorapparentl], did not include that in his requestion for the grading perrr,it.
onl:, Erostrs propert!, and Pfankuchrs property were lncluded so irhatever youdid to the outlot has no bearing in terns of that lssue regarding the Frost
and Pfankuch propertlr.
Erhart: Okay. Yeah, I
doesnrt exist. I think
ahead and proceed.
think werre assur,ing here tonight thatthatrs the position irerre taking there
the
so
perrt i t
Jirr,, go
WllderrT,uths WeIl I think a perrr,lt is required. I certainly agree withstaff recorur,endat ion in that regard but I guess I ir' not satisfied that
have to exceed the DNR recoFrrnendation by several orders of rr,agnitude.
the
we
Erhart: Is that it?
Planning Corr,rr, i ss ion Meeting
ltarch 21r l99g - Page 6
Ahrens: I go along with the staffrs recortrr,enil a t i on on this also. I haveno f urther cotrrrrrent.
Planning Cor,r',ission t{eeting
llarch 21, L99S - Page 5
Hro'ings! The word depth is rrsed twice and IrF, trying to flgure out.
Bob Pfankuch: Thatrs for each lot line.
Olsen: What I was doing, becanse of the graduating line...it would be 45r72. That night be just 45. 45. 72 across and 45. The other one it has
45 and 42. The 45, 78 and 42 because itrs at an ang1e. so each side ofthe lot line, thatts the depth back.
Olsen: we have those nw,bers. sorrlr to interrupt
nutbers on the grading perrrlt application that the
showing us rrha t the!r...
but we also have those
contractor's provided
Enm,ings: You at least understand what they nean and the!, seefi, to
understand erhat they rr,ean so thatrs good enorrgh for ne. Under the
recoF,F,endations, we've got one down there for Lot 2, Block l which is
Pfankuch?
Olsen: That I s Frost.
Er'rrings: wherers the other one?
Olsen: Itrs supposed to be in there. I had two different. I had t and 2.
Nur,ber 2 is rr,issing. So 2 worrld read, Lot I, Block I.
Et',tt ings: okay, and it erould be the saFre general f orF,at as that nurtber 1?
olsen: Yeah. The nur,bers worrld be 45 t ?8 \ 42.
Ertdr,ings: Okay, and then 31 4, 5 and 6 would appl:r to both?
olsen: Right.
EtlItrings: WeIl as f ar as, the only corrrrrr€ht I have is, we acted on Outlot Ain a specific way and I don't see wh], those reasons donrt control thisdecision so I rd go for the staf f rec orr,rr.enda t i on .
Erhart: An:rthing else Steve?
Fo,ings: No.
Erhart: Okalr, Annette.
Ellson: I would choose to go along lrith the staff recoF{r,endati on too. Ithlnk I haal all rra! corrrFrents frorr, the first t lrr,e lt can'e through it but Iagree rdith Steve. we sort of have a precedence ulth asking tha lastapplicant to go be:rond that and I believe sorrrething was discrrssed at thattirt,e about DNR jurisdiction or son,ething like that.
Olsen: Thel, go up the ordinary high water r..ark.
Ertr,ings: AIright.
Krauss: No, it was not granted.
Ahrens: It doesnrt sound like it.
Erhart: l,ly feeling is Stever I think we can do our job here tonight andget is passed on one era:, or the other and let Roger take, let hir, take that
up afterrrards so wh:, donrt rre Proceed then. Did I'ou have anyr,ore Steve?
Steve Christenson: I rrould like to r',ake one further polnt about what the
colrfirlssion did a lzear ago. The!' postponed rr,aking a decision until the DNR
had r,ade the determination. The DNR has nos cotr'e in and concluded thatthe:' think the shoreline should be r,oved back and the hor,eowners are fullynllling to cortpllz with that and ir,prove the shorelines so that the erosionis stopped to protect the environF,ent and the erosion of lrater and soilinto the lake in that wa]'. Further than that, the DNR does supportgranting the perr.it and I think you should consider that too given the
DNRrs exper t i se.
Erhart: Oka!', thank :rou. Is there an!,bod:, else that would like to speak
on thi.s rr,a tter?
steve Chr istenson: Can I r,ake one more point?
The staff recortr.enals that 45 feet of wetlanils be,Erhart: Yeah. You bet.or fill be rer,oved.
Bob Pfankrrch: She r,entioned 78.
Olsen: IrF, sorr!, that $ras the nidth.
Steve Christenson: 78 was the rridth. 45
agree that itrs actually tl5 feet deep. I
and there's a substantial lncrease in theit looks less than 45 feet away from thedidnrt F,easure it with a tape so.
feet is the depth. we wouldnr t
was there looking at it tonightgrade which seerr,s to ne, at leastshoreline. Although we didnrt, I
Erhart: An:r other corrrrrr€nt fror, the public on this?
Eruiings Frov€d 1 Wilderr,uth seconded to
in favor and the motion carried. The
Bob Pfankrrch: Steve,
down. They r',ean back
Er'tr'ings' I have a couple of questions. lf lrou look on page 4 of the staff
report Jo Ann, and just as an exatrrple. Therers a llttle table there $hereit says, under what it says the DNR is asking to rerrrove. For frost it sa:rs
depth x width x depth. Depth is used trrice and I lrr,aglne one for golng up
and down and once for going into the propert]r? what the hell does that
nean?
olsen: I knew lrou rrere going to ask that.
close the pubLic hearing. All votedpublic hearlng eas closed.
I can answer that. In depth thel, donrt r'ean up and
fror, the wall on the lot line.
Planning Cor',r', i ssi on |teeting
Harch 21, L99g - Page 4
Planning CoF,r,i ss ion Meeting
l,larch 21, l99S - Page 3
didnrt have a pernit and I still believe that.
&tr.,lngs: The other thing we could do is act on it tonlght and get thatopinion between now and the tirre the Cit!, Council sees lt.
Steve Christenson: If the Cor,rr,i ssi on does r,ake an decision tonight, Ithlnk that ]rou shorrld consider as a r'.atter of fairness that the homeowners
did tr:' to do everything that the], thought the!' nere required to do and
lndeed the Citlz stopped ther, frorr filling and then allowed therrr to go
ahead .
Olsen: I I ve
other reportyou'd Iike.
Er'Frings: Are :rou
Olsen: Yes. r'tt,
Krauss: June 29th?
sure your re looking
positlve lt is.
Yes.
Iike
29,
got a cop!, of that letter and lrp, sorrlr. It had been
brrt I donit see it in this report but I'I1 read it to
It does not sa:, that the application was granted. It
in theyou lf
Salts,.
Olsen: Attached is a copl' of the excavation perr,it for the grading work
that eras done adjacent to Lotus Lake in the earllr part of June on lrourproperty. Itrs addressed to both parties. As lrou are awal-e, the Cit]t
stoppeil work on the grading until the appropriate pern,lt was obtained. The-
contractor, Mr. Johnson, pror,ptllr cor,plied with orrr request to subr,it plans
and the needed inforr,ation for the issuance of the grading perr.rit. Horrever,it has corrre to our attention that the area in which !'ou conducted the
grading r',ay have contained lretland vegetation. The Citlt has a wetland
ordinance which protects rretlands of all sizes. In order for the City to
deterr',ine rdhether or not a wetland alteration permit needs to be processed,
we need to deterrrine the extent of the iretland on lrour propertlr. In order -for us to deterrr,ine this inforr',ation, please contact r,e and subr',it anypictrrres which you worrld have of the shoreline so that rde can resolve thls
i ssue .
Olsen: June 29, 1988.
Erhart: An:t other coFrFrent?
Steve Christenson! I would
filling Lras done before June
Olsen: Right. They can,e ln
Erhart! Ieah, I
Wilderr,uth: Brrt
at the 6aF,e letter he is?
to r,ake the corur,ission aware that the
1988.
after the fact.
unilerstand.
the real point was the excavation pern,it granted?
wasnrt I donrt think.Erhart: Yeah, it
Er'r,ings 3 Was the date of letter r,{a s what?
Planning Corr,rr,i ss i on l,leeting
March 21, L99q - Page 2
have any qrrestions, I'd be happ:, to answer thert,.
olsen: well the application l{as filled out and lras not granted. Didgo through the whole process for granted. The], did cor,e out and fillthe application but that does not necessarily rr,ean it was in*,ediately
granted.
Erhart: was it ever granted?
olsen: It never went through. It was never finalized.
Erhart: Is that d i f ferent?
not
olr t
Steve Chr: i stenson:
the Cit:' intlicatingcontractor coripl ied
f donrt believe thatrs correct. I{e have athat that application rras pror,ptly granted
with ever]rthing reqrtired by the City.
letter frotl,
and that the
r,ade
that
Olsen: What that letter said is that the:' have cor,e in. That you had
the application. where is lt? AIso ]rou know, that still doesnr t r,eanthe Cit!' cannot go orrt and find that there still is a yretland.
Enr.,ings: Let rre interrupt. Has Roger looked at
the point that he's raising in terrts of it beinggrading perr'it?
this? Has Roger looked at
estopppal based on the
OIsen: No.
Erhart: Yeah, if :rourd stay there Steve. I guess Ird Iike, could yorr
respond to that Jo Ann or Paul?
Er,r,ings: I think we ought to table this until he does. I donrt think
therers an:' point in going fornard with the public hearing. I think theCitl, Attorne:' ought to take a look at it.
Erhart: Yeah. I F,ean clearllr, I guess if Steve is correct in that he
feels, and which I haven't accepted that yourre correct brrt if worr are
eSyisrrsl!' then itrs a different situation. If the issue is a contested
issue on one versus that, it rt,a:r not be an apporpriate forun. Paul, whatts
:/our oPinion on this?
Nrauss: WelI, werd be happ!, to get an opinion fror. Roger. I guess thesesorts of things have cor,e trp before and I rr, not an attorne:t and I donrt
erish to argue points of law brrt Irve been told b!' trro separate Citlt
Attorne]rs that lrve got a lot of respect for that citlr staff, if we r,ade anistake which we donrt think we did, but if we did, we can do that. f rr,eanthe worlds not a perfect place. Yorr can then tr!' to rectify that error and
thatts a legitlr,ate i{a!, of handling things. If youid like, we'd be hapP},
to get an opinion fron, Roger specifically on this activity. we could do
that for lrou at the next r,eeting.
Erharts 91e11 yeah. I think the point Steve is making is this is not the
group that decides who's right or wrong in an arguF,ent. I mean rrerre
essentiall]r, I canre into this unilerstanding that it was a clear cut. You
CHANHASSEN PLANNING COMMISSION
REGULAR MEET I NG
I{ARCH 21, I99g
Vice Chairn,an Erhart ca1led the Ir,eet i ng to order
Annette Ellson,
at 7:35 p.r,..
TiF. Erbart , Jirtr If i lderr,rrthHEMBERS PRESENT:
and Joan Ahrens
Steve Er,r,lngs,
IiEMBERS ABSENT: Ladd Conrad and Brian Batzli
STAFF PRESENT: PauI Krauss,
Planner and Sharn in A1-Jaff,
Director; Jo Ann O1sen, Senior
Intern
THE FILLING IN AND SODDING OF AN EXISTING
SANDY HOOK ROAD, STEPHEN FROST AND BOB
Address
PIanning
Planning
PUBLIC HEAR I NG:
WETLAND ALTERATION
WETLAND LOCATED AT
PFANKUCH.
PERM I T
80 AND
FOR
l6s
Prrbl ic Present :
NaF,e
Bob &
S teve
Steve
Sand:, Pfankuch
Frost
Chr istenson
Jo Ann
publ i c
Olsen presented the staff report. Vice Chairn,an Erhart called the
hearing to order.
80 Sandy Hook Road
100 Sand:' Hook RoadAttorne:, for Mr. Pfankuch
Steve Christenson: Good evening. M:t natie is Steve Christenson. Itrr rrith
the Dorsey and Whitne!' Iaw f i rrr, in Minneapolis. Steve Frost and Bob and
Sand], Pfankuch have asked r.,e to cone tonight and represent theF, with :rourperr,ission. As lrour staff told you, this filling was all done ln 1988. Atthat tiF,e the hon,eolrners had retained a contractor who was fan'iliar or
supposedly fart iliar with how these sorts of things worked around this lake.At that tirre the Cit!, stopped construction because the contractor did not
have a perrr,it to do that so the Cit:, rras aware that construction was goingon. The:, stopped construction and gave the contractor an opportunity to go-get a perr',it which he pror,ptly did. So based on that, the Cit], t as atrareor should have been airare that there were wetlands there and rent ahead andgranted a perr,it to construct it. Herers a cop:' of the application for the-excavation permit and I think this ls in the n,aterials that :rou have.
Under Minnesota lao, a local ltovernrrent that grants a perFrit and allows
PeoPIe to take an action like these hor,eowners, is estopped. Whatr s called-IegaIIy estopped fro& later changing itrs position on that if the
hor,eowners act in reliance on that permit. Spend considerable aFounts of
rr,onelt which these hor,eowners have done. So basically our positlon ls thatthe City knew about what was going on at the tlme in 1988. Had anopPortunit!, to stop lt, which they did and then went aheaal and granted theperrr,it to continue allowing what happened. Under these circur',stances, it
seerr,s to us that the Cit:/ shorrldnrt be allowed to change it's position. I -think the hor."eowner s nra! or nr6! not want to contribute to that. If yotr
Planning Coro,ission Meeting
March 21, 1990 - Page 37
Erbart: Sure. I thlnk the terrr,, the word district and the tast word in Athatrs the one thatrs questionable to me. Distrlct can nrean a big area.think what I hear you saluing, you keep uslng the word neighborhood. To Fre
those are terr,s that r.ean tero different things.
I
Krauss: Yeah, and thatrs why we estabLished a 5gg foot criteria.
Erhart: Okay, I'r, r,issing that.
EF'rrrings: The ordinance. Dontt look at the staff notes. Look at the
ordinance itself. It r,a:' be in there but I donrt knoy, ohere.
Ahrens: Not in the proposed ordinance.
Et'rt ings: But look in the ortllnance itself. Tbe language is different thanwhatrs in the staff report than irhatia in ttre ordinance.
Erhart: oh, is that right?
Erfi.lngs: Because I Looked for some stuff too...
Ahrenss !.es, 5Ag feet is ln here. 2S-58 lar.
Krauss: I think it's real in,portant that lrou establ.ish sor,e sort of acriteria }ike that. 50A r,ay be arbitrar], but ltou donrt, you know ever:rbod],
con,es to us when the!, want a variance and the], say well I know Joe Schn,oe 3blocks away f rorr, here has got the identical situation so Iirr, entltled toit. well no yourre not. I rrean thatrs a one off situation. If everlrbodltin the neighborhood had lt, maybe you are but otherwise not.
Enrr,ings: If :'ou aPPl:' for a variance, do you have to present a propert:,
list?
Krauss: Yes.
Errfi,ings: Is that a 500 f oot?
Krauss! Yes. Thatrs why it rr'atches.
Enn ings: So that kind of fits.
Erhart: Oka!', and so the only change, procedurally the only change your re
r,aklng is that, ln the first place ultiRate authorit:/ here on all variances
todalz is the variance Board. Thatrs not a recorrrrrend a t i on to the CitlzCouncil. That I s final .
Krauss: Well therer s been a lot of discusslon onyes. The Board is a quasl-judlcl'al boay.
that but b!, State 1aw,
Erhart: Alright. So the onl:t
subdivisions?
change here, I'ourre taLking about
Planning Cor,tr,ission Heeting
March 21, L99S - Page 38
Krauss: Subdivisions. Rezonings. site plans and I
variance becor,es apparent during those that you would
on it and the Council would approve it.
Krauss: Right. And
actions of the Board
think
Irrake
CUP| s when a -a recolrlrrrendat lon
Err,r,ings: Ultir.,ately, now does the Board r €c orrrrrr€ nd to the City Councll too?
Krauss: No.
Etnings: The:, r,ake the final decision?
Olsen: When there I s a Eplit vote.
the Cit:, Council has taken to reviesing &ost of the
rhich. . .
been discussed. They bring lt up for discuesion thatOlsen: Right, that I s
san,e n ight .
Ero,ings: so l,orr review :tour own decisions Jay? That's kind of neat..
Krauss: r think it's fair to sa!r, I discussed a draft of this with tbe
Board at their last rteeting and tlillard anal carol have copies of the
ordinance. I thlnk the:,rre both concerned with the ordlnance as currentl:,
drafted. I wil.I also in this process what we would plan on cloing isgetting lrour recordr,enda ti on. Taking it to ther, for their recolrfiiendation
and then giving the whole package to the City Council.
Errrr.ings: rlillard called F,e. He probabl:t called ever:rbody but, and I told
hin I wished he could be here to tell us what he thought but he apparently
had a conflict. He said Carol was going to be here and shers not but
the]rrlI have thelr lnput in the City Council.
Krauss: Yes.
Erhart: WelI to F,e, conceptualll, it r,akes r,ore sense on issues that
deal with that therers a gradual process of approval working towardsCity Council as opposed to a gradual process working torrards the Cit!'
Council with thls alL of a sudden this exception that can corr,e in atend. That doesnrt seerr to make good sense.
Erdr'ings: I t d like to n,ove that the Planning Cor'*,isslon recoFrrrencl
Council adopt the ordinance brrt Ird }ike to see an intent section
Ety'rrri ng s s Like itrs pointed out in the cit!, Council }linutes too. This is
in fact is what irerre doing at the present tiFe. It'a reall:r, werve got a -
defacto ordlnance anlrwa:r. At least in terns of slte plan variances and
things like that. We've been dolng it all along ever since I've been here.
Erharts An:, other corr{rents or qrrestions? JiF. an}tthlng?
wlldernuth: I think basically itrs good.
Erhart: Okay. If not, is there a tr,otion?
we
tbe
the
the Ci t:, -
add ed
Planning Cor',rt ission Meeting
uarch 21, L99g - Page 39
along the lines that
Ellson: I'11 second
we discussed.
ir.
Er,rr,ings r,oved, EIlson seconded that the Planning Cor,rr,isslon recorrrrrrenil
approval of Zoning Ordinance Arrrendrrrert to amend Article II, Sections 20-56
through 2A-70 pertaining to procedures for the issuance of variances withthe addition of an intent section. AlI voted in favor anil the rr,otion
carr ied .
Krauss : Hr . Chairr,an, I know Corr,n issioner Ahrens has a corr'rr,itrrent to leave
at ]-,.gg. I wondered if I could ask a question of the corrF,ission prior tothat. We have tentatively scheduled another special work session r,eetingfor next wednesdalr. I think there's a massive case of burn out happening
both at staff and Planning Conmiission level . Werve got a lot of work aheadof us to do and verlz lir..ited tir,e to do it and werre wondering hoi, best toresolve that. Now it occurred to r,e tonight, I r,ean we really have to get
the work thror:gh. Irve got a very large packet to send out to lrou torrorroi,that has a lot of the sections being drafted up. The goals and policies
are in there and everything else. Rather than meet next weilnesday, would
you consider possibly tt,eeting like for dinner before the next Planning
Coro'ission meeting possibly so rre can roll over frorr, one to the other and
conbine an evening? Is that an option?
Erfi.'ings: Meet earlier in 2 weeks rather than rrreeting . . .
Cor',rt ission night. Skip next ireek.Krauss: WeII r,eet on a regular Planning
Ahrens: I like that idea.
Ellson: Ird rather do that.
Erhart: uuch better.
Wilderrruth: IrIl be gone next Wednesdalt.
Erhart: I will too.
Krauss: Would 5:30 be too early for everlrbod:r?
Errrrings: Are you talking about meeting here for pizza?
Krauss: werll neet here for plzza, subs, whatever.
Er,rr.ings: What I s the menu?
Krauss: You want chinese?
Erhart: Letrs get to the core of the issue here.
Planning Corrr,i ssion Meeting
March 21, J-99g - Page 4g
Krauss: We could do Chinese in fact but that will give us 2 hours to workprior to going into the r,eeting.
Ahrens: That sounals fine with ne.
Olsen: It's going to be kintl of a long agenda though isnit it?
Krauss: WeIl, the]rrre all getting longer now. Thatts not that bad.
Eu.,ings: well dontt put anything rhore on it.
Krauss: You've got the grading ordinance corting back. The rr,ining.
Olsen: Can lrou rr'eet as earl:' as 5: 3g?
Krauss: We need about 2 hours to really do anything legitinrate.
Erhart: Itrs oka:, with r.e.
EF,rrings: I'11 let you know tomorrow.
Ellson: Ird sa:, ltou could get a majority if not everlrbod:r. At least tr:,to.
Ahrens: Yourd probabl], get r'ost people in here by quarter to 6.99.
Err,rr,ings: Did lrou talk to Ladd about this? I mean he has a real problen,with early rr,eeti ng s.
Krauss: No, I havenrt. This occurred to nre tonight.
Olsen: And Brian too.
Krauss: Itrs tough asking lrou to keep on r',eeting like that. We have to do
something.
Erhart: The freqrrencl, of the meetings is not rr,aking it. ItrS getting tobe very dif f icrrl.t.
Ellson: I think couldnrt we r,ake them r,ore efficient?
Er'rrings ! No.
El1son: That last one whereof things.
Erhart: Itrs hard.
Ellson: I knorr.
Krausss I think that set the
and more.
the public got all dragged out and those kinds
trend for whatrs going to be occurring IrrOre
Planning Cor',rr,ission Meeting
March 21, L99S - Page 41
Errrrt"ings: Like the good old days with aLl those little srrbdivisions. All
those big subdivisions.
Erhart: Okalr. Letrs F,ove along then.
(Joan Ahrens left the meeting at this point.)
PUBLIC HEARING:
ROBERTS AUTOI,IATIC PRODUCTS, INC., 5.725 ACRES OE PROPERTY ZONED IOP,
INDUSTRIAL OFFICE PARK AND LOCATED OFF OF LAKE DRIVE JUST EAST OF CR 17:
A. PRELI}IINARY PLAT TO REPLAT LOT 3, BLOCK 2, CHANHASSEN LAKES BUSINESS
PARK 2ND ADDITION INTO TWO LOTS AND ONE OUTLOT.
B. SITE PLAN REVIEW FOR THE CONSTRUCTION OF A 48,299 SOUARE FOOT OFFICE/
MANUFACTURING EACILITY.
Public Present:
Nanre Address
David Hunt opus Corporation
Ja]t Johnson
Sharn.in A1-Jaff and Paul
Erhart ca 11. ed the public Krauss presented the staff report. Vice Chairrran
hearing to order.
David Hunt: Mr. Chairn,ahl llr! harrre is David Hunt. I'ni the project nrdndlf€r
rrith Opus Corporation. we concur with the staff report as was presented.
Werd like to n,ake sor,e clarifications. First one rras as Paul. has
indicated. The elevations that were sholrn by our architect do not indicateclearl], that the entire building will be of a texture pre-cast. Either a
racked finish or of a randorr, red. It will all be painted so hopeful-I!' thatwill satisf:, the concerns there. Secondl]' te would like to go on record onthree iter,s that r^,er:e mentioned in the staff report. First of all,
Robert's Autor,atic Products will require sorte sort of a trash enclosure in
the vicinit:, of the dock area. we clo plan on screening that in accordancewith the cit], ordinances. tle will work that out with the staff. The
landscape easerr,ent thatts indicated with the church propert]r. we proPose
that to be a ter,porar], tlrpe easerrrent. We are putting the trees thereprirr,arillz for the benefit of the church to rened:r sone of their concernswith the views of the building. We will obtain a landscape easeF,ent toplace the trees there. werlI r',aintain the trees for the rrarrant:, perioil aswell as the period r:equired for the landscape bond, irhatever at which tirte
we worrld propose that the church take over the responsibilitlt for
Erhart: well contact Ladd and basically indicate that we would prefer the
earlier rr,eeting.
Ellson: If he can get there fine. If he canrt, we have lots. Maybe he
could send us his cor'rr,ents. . .
B,aintaining those plants as it is on their propert:, and I betieve thecburch has, in talking rrith Mr. Robert,s, agreed to do this. The thlrdthing r.rentioned in the staff report concerning the 30 inch oak tree thatrson the site. We do not plan on disturblng that tree at this tiF,e. We are -providing sufficient randscape rr,aterial such that 1f the tree uas removedat this tiF,e, rre would be providing the sufficient caliper inches on theproject. tlhat we would propose is that we rrould be credited rrith thatlandscaping so in the future when the tree is rerr,oved, no additionalrequirements be placed on us. The tree will stay in place until expansion,which is anticipated I to 10 years ctown the road and then if the trie isstill living there, it rrould be rerr,oved. Those are aII the clarifications -r,e have.
Erhart: Oka:r, thanks Ur. Hunt. Is there an}, other input fron thepublic? Qrrestions?
Ja:t Johnson: Ja!, Johnson, ser,l-public. I,d like to know about hazardous
waste at this site. Itrs a question that sor,etirres gets asked but itrs notin our ordinance that I just looked through but will a hazardous wasteperr,it be required? WtIl hazardous waste be stored anal what t!'pe of toxicor coa,bustible, whatever materials are going to be used on the site? If
!'ou can put that inforr,ation together, Ird llke to see it in the frrture.
I 'm on the Ci t:, Corrnci I .
David Hunt: Okay, thatts no problem...
Ja!, Johnson: I always ask that question laterbe read:r for it.
Erhart: Did you get lrour question answered?
Ellson: Hers jrrst salring be prepared because
Ja:r Johnson: Yeah, lf I tell theryi noi, then inthe question the]'rre already ready for it.
Erhart: Anything else? Is there a rv,otlon to
so if I tell lrou non, youill
it olll corne up again.
2 weeks or lrhenever if I ask
close the prrbl ic hearing?
Er,r.,ings rr,oved, Wilderr',uth seconded toin favor and the rr,otion carried. The
close the public hearing. AlL votedpublic hearing was closed.
Erhart: Who Hants to start?
Wilderr'uth: IrIl start. Is that provision that was discussedaccePtable to the Cit!' regarding the oak tree?b]t Mr. Hunt
Wilderr,uth: Right. Isn,t that a point that has to be addressed at the
t irtre ?
Planning Corur,ission Meeting
March 21, L99S - Page 42
Krausss Corr,rr,issloner.Wildermuth, we don.t have a r.,ecbani sm in place toforirard credlt the lods of a tree.
Planning Corr,rr,i ss i on Meeting
March 21r l99g - Page 43
Krauss 3 Yeah. What would happen irhen the aaldition car,e in, rre rrouldinvariably require landscaping be placed around that. In an], case I worrld
rtrore than likely exceed the 3g inches anywalr and that would just be tosatisfy norr',al screening requirerr,ent. I donrt see it as a r',a jor issue.
Wildernuth3 Itd like to ask the applicant, are the!, planning on an!,
underground storage tanks for oil? How about above ground tanks forcutting oil? Screw machine operations generall], use cutting oi1.
RAP Representative: Anything that wetd have would be inside.
WiLdernuth: How about spent cutting oil disposal? Do :'ou use a chip
ringer?
RAP Representative: Do we use a chlp ringer, lres and rre recover nost ofthe...
Wilderrrruth: So ]rou rron't have any disposal probtems to speak of other thanchips? Dld Opus build the Errpak building?
Erhart: Anything else J ir,?
Wildern,uths I real1:, donrt have an)t reservations about these requirements
and apparentl:, lrou donrt either. You didnrt see& to take issue with them.
Irm a little bit concerned about what the builtling is going to look likebut I guess if the occupant is satisfied.
David Hunt: ...elevation showing what rrei re thinking of.
lli Iderr.,rrth: Good .
classy neighborhooal
So
as
thefar
building's going to be located in a prett!,
as inalustr ia1 buildings go.
Davial Hunt: It erill be gray colored painted pre-cast with s or,e
The windows and along the top. There will be additional , thisnot look like it's shown here. There rrill be an entrance doorseveral aclditional windows that we added along that elevation.
call it a moderate...
red trirr,.
rdaLI willas well as
I would
Wilderr.,uth: Hov, Iarge will the windows be?
David Hunt: These punch windlons will be approxirr,ately I feet witte, 4 to 8
feet wide I believe by 4 to 5 feet high.
wildertnuth: And then the upper sketch.
David Hunt: This is two different renderings. Color renditions of lrha t
could happen...
Wilderr,uth: That is the front entrance.
David Hunt: This is the front entrance. This is the builtling stePs
by here by the office portion. This is the r,ain office. This sar,e
treatment rrill carr:r around onto the east elevation on there as well
back
as the
Planning Corur,ission Meeting
March 2I, l-99g - Page 44
west elevation on this side and across the...
Er,rtlngs: Wou1d the stuff on the rooftop be visible from this hiII?
Wilderrr,uth: It rrill probably be visible to the church but >rou have that
shrouded .
David Hunt: Werre adding additional shrubery. As far as from the street,the building sits up high enough that an!'thing that is visible, itrsdefinitely going to be cut off. I rrrean you would see the...top l or 2 feetof the screening. ..
Er[rrings: Yeah, and that's screened with the same r,aterial.
David Hunt: The pre-cast would
thinking of something that drivto be a concrete t:rpe product.
Er .,ings: I thought orrr report
Davial Hunt: Sirt,iIar.
Krauss: It' s sirr,ilar.
Krauss: Well no. We supported the use
rr,aterial. we think itrs an irr,provement
probabl], be not appropriate. Werre
es r,aterial and would appear frorr, a distance-
Given the appearance of a flat concrete...
saiil it would be the same r.,aterial.
of that sort of cor,patible t
over the fencing.
horrr shi f ts 4
8 hour days.
of
Okal'.
Ellson: I Like it. I like it when people tell you, even though wetre not _approving it, where the possible future expansion's going to be so we get afeel for the site as a whole and I appreciate that in a plan. This is just
for my own interest because I like to know whatrs cor.,ing into Chanhassenbut lrourre right next aloor to Errpa k who runs all week long 3 shifts. What -kind of work hours do you have?
ype
RAP Representative: The plant basically rrrns two 10week. Frida]rs are overtirr,e and the office runs five da vs a
Ellson: No, I think it looks good. llelcor,e.
Erhart: Okay. fsnrt there some staff cororent about tandscaping on thenorth side of the building?
Etur,ings: Is that alright with lrou or should we have a condition in herethat it should be approved?
Erfrrings: Okay, yourre sati sfied.
Wilderrnuth: Thatis all I have.
Erhart: Steve?
Er,rr.inqs: It looks f ine to me.
Planning Corr.It,iss ion l,leet i ng
Harch 21, l99O - Page 45
Krauss: I{hat we made reference to is that rre r.rould have liked to be ableto have the flexibilit], to do sorr,e lanilscaping up there. Hoirever, therersutil.itlz easeF,ents that preclude that and as rre looked at the site rr,ore indepth, we looked at the site frorr. ilifference vantage points. Itrs notright next to TH 5. The area with the easerrents is that basically btank
area north of the building. Shanrrin if you have an overall rr,ap of thearea, itrs displaced b:' the railroad tracks and that eFrbankr\ent helps toscreen it further. What we really want to get ahray from is, I hope the],
take no offense but the builclings where as ]rou pass blr on TH 5 a1-1 you seeis a sea of rooftop equipnrent. I Clonrt think thatrs going to be the casehere and as :'orr can see, yrhat I s happening is this traf f ic as it cor',es up
and over TH 5 is tailing away fror. the site. Yourve got the railway
en,bankrrent and this is quite a bit lower. I canrt tell lrou that :rou wonrt
see it all brlt it's going to be pretty obscure.
Erhart: But the ordinance requires that the], have to plant a tree ever!, 40feet on that property line doesnrt it?
Krauss: But it doesnr t sa!' where lroutake those trees and se distribute it
ftost appropr iate .
have to plant it.
to the areas that
Wha t i{e
we feel
is we
the
do
are
Erhart: Thatr s lrhat lrou did here?
Krauss: Yeah. Thelr rreet that requirerr,ent.
Erhart: B:' distributing the trees the!, wouLd have had up there?
Krauss: Yes. we would never recorirrend that we arbitrarily prrt a tree
ever!, 40 feet. Thatrs just one rnechanism in getting enough trees to do thejob correctllz.
Erhart: I never thought of the ordinance that rra!'. Not that I disagree
hrith the concept. Anywa:', and the applicant is acceptable to the idea of
requiring, did you say tg foot spruce?
David Hunt: ...some of the 6 to 8 foot...rather than adding additional
trees?
Krauss: weII there were sorr,e additional trees requested as weII. wedidntt cor'e up with a nuniber. llhat rrerre looking for is these trees to be
increased and that these trees be lncreaseil in height and several more of
therr, placed back in here.
RAP Representative: ...the toP of that ber&...
Krauss: well to the extent there is sor'ething here but itrs quite nor.inal .
RAP Representative: 2 to 3 feet.
Krauss: Therer s like 5 loading docks?
RAP Representative: There will be 3 loading docks with drive in doors.
Planning Cor,rr,ission Meeting
March 2I, L99g - Page 45
Erhart: Well I just wanted to point out when lrou start getting into the 10
foot spruce trees, the price over a 5 foot tree is r,ore than twice and itrsgreat. I just want to rtake sure that we tr:t to treat ever:tbod:, the sarrre ingoing forward. Obviousl:, 10 is better than 6 and I think we have to have a-
feel for consi stency.
Krauss: we isould be willing to look at a plan that r,ixes the slzes if it
accor.Plishes the goal. Fundar'entally we donrt think an:rbod]t should have tolook at truck loading dock frorr a public right-of-way and there are a lotof situations in town where you do just that. There are r'ore activist wa:,s
of screening that. You can bring the builcling irall out belrond to screenit. Thatrs a relativell' expensive proposition. I happen to think treeslook better but the]t neeiled sor,e improver,ent for that screen to be
effective.
Erhart: You feel that is our poJ.icy to tr], to screen all loading ilocks
f ror'" the publ ic r ight-of -h,a:r?
Krauss: Yeah. No question.
Erhart: And :'ou feel the 1g foot tree here is needed to do that?
Davial Hunt: ...as !'ou look at the elevations there, h,e are probably in the
neighborhood of 15 to 2g feet lower on the public right-of-wa:, than lrou are-on that loading dock so if :'ou're looking up frorr, public right-of-wayr a g
foot tree, 6 to I foot as we're proposing, it's going to... I could agreewith the staff on that west side...
Etmings: It r,a], be a benefit to the City in having quantity and getting a6 to I foot tree because presur,abl), it wonrt sta]r that tall.
Krauss: Of course the trailer :routre putting behind is quite a bit taller
than the tree. You know lrer re not opposed to working this out...ilrlving
down Lake Drive. When lzou're right here, Lake Drive is dropping down. You-
do have that issue, well that view when )rourre looking uphill and a 6 foottree r.a:, just do the trick there anal if we could get a site perspectivethat showed that.
I{ilderr'uth: Is it just...and those trucks aren.t going to be there thatIong anywalr are the]r?
Erhart: Another thing here. What ordinance do we have that prevents
sor"ebodlt froF, crrtting do$n an oak tree?
Krauss: We do have regulationsto replace the caliper inches.
that sa:, when you cut down a tree wou have
Erharts For a subdivider or individual. Iot owner?
Krauss: Thatrs a site plan ordinance.
Wildern.uth: I think itrs for a developer.
Planning Corr,r,ission Meeting
Harch 21r l99S - Page 47
Erhart: Itrs a developer not a lot owner
tree orclinance that affecteil a Lot owner-
and I guess Ird be opposed to anw
Krauss: weLl, actually thatrs one of the things on our work tist is tree
ord i nance .
Erhart: You haven't got our corrfiients yet either. But fror'. a developer Ithink we agree. Just to ask Brian's question here. Yourre confident thatthe additional runoff and the contaminants fror, the roof and so forth are,rrerre adequatel:, protecting the water that flows into the Lake Susan thereas weII as we have on the roof on Er,pak? Essentially the saF,e stanalardsare being appl i ed?
Krauss: Therer s an overall ilrainage s!'ster, that intercepts all that rrater.
Therer s a large wetLand that's in front of the Roser,ount facilit!' that
would serve to filter the irater before itrs discharged into the lake.Thatrs one of the few areas in town that ire actuall!, have a cor,prehensive
storrrr lrater plan for.
Erhart: Okalr, I realllt have no other issues. I think itrs a reasonableplan for the site. And again, also welcorre this cor,pan]r. If therers noother discrrssion, does sor'"eone rrant to atterrpt to nake a a,otion here?
Wilderr',rrth: I | 1I move that rre recor,rrrend to approve Site PIan *90-3 andPreliminar:, and Einal PIat *99-2 as shoirn on the plat dated March 5, 1990subject to the following conditions l thru 11.
Ellson: IrII second.
Er'rrings'
Erhart:
Krauss:
Erhart:
Er'rrings:
Krauss:yeah, it
Erhart:
Krauss:
Me too.
I mean :rou can r t
Oh, :tou mean You
Yeah .
you
wetd
tel- I people the],
as an individual
canrt cut trees down.
hon eowner ?
Erhart: Okay. Now the agenda here states
this one r'otion cover both the Preliminarv
there i s, essentiall], does
and the Site Plan?
tha t
Plat
filhich is kind of unusual.
Yeah, ]rou should have both.
would be adviseable to have
gave lrou o,r€ r€cofiar€ndation but
separate motions.
We
two
wou 1d prefer that?
Then have to disegregate the conditions I suppose.
Er,r,ings: we never corr,bine two like thls before but I donrt kno$ that Youcanrt. The trouble is there are conilitions in here that relate just to theplat and conditions that relate just to the site plan.
Planning Cor.,r,ission Meeting
Harch 2I, L99g - Page 48
Krauss: Right. Can we have a compromise.
wa]r, werll ilisegregate it before it gets to
If !'ou could approve it this
the Counc i I ?
Erhart: If the attorne), here is okay with that, itrs fine with rtre.
Wilderrr,rrth rrroved, Ellson seconded that the Planning Corr,rt,i ss i on recorrm,entl
aPprove Site Plan *96-3 and Prelir,inar!' and Final Plat *90-2 as shown onthe PIat dated March 5, L99O subject to the following conditions:
1. Revise architectural plans so that exterior wal}s have texturedsurfaces or exposed aggregate patterns. Provide information shosinglocation of trash storage on the site. provide final details onrooftop screening for approval b), staff.
2. The applicant provide a detailed signage plan and apply for cityperr,its. Post stop signs on the drivewalr access to Lake Drive.Provide details on site lighting for approvat b], city staff.
to-
3.Revise the landscape plans €rs r€corrrrrr€nded in the report to ir,prove
screening of the truck loading area. Provide staff with a detailedcost estir,ate of landscaping to be used in calculating the requiredfinancial guarantees. These guarantees must be posted prior tobuilding perr.,it i ssuance.
4.Revise the plat to designate Lot 3 as an outlot and provide an access
easer,ent over the church driveway. An adilitional 25 foot wiile drainage_and utilitl, easer,ent over the west side of tot 1, Block l is required.The Roberts Autorratic site shaIl pa:, the required park dedication feeat the tin,e building pernits are requested.
5. The applicant shall obtain anil
Watersheal District perrr,i t.con,Pl!' with all conditions of the
6. The westerly driveway access shall be wiilened to 36 feet and the apronarea shall be concrete instead of bitur,inorrs. Revise internalcirculation as required to facilitate access by cityz fire equiprr,ent,for approval b:' the Cit:, Fire Uarshal.
7 The applicant shall enter into an agreerrrent with the Cit],construction of the parking lot and landscaping rrithin thefoot drainage and utility easen,ent on the west side of thereleasing the cit:' from an}, restoration obligation for theand landscaping in the event sewer repairs af,e necessarlr.
to allow
Citlrr s 25
ProPert:t andparking lot
8. The applicant shall adtl additional catch basins to intercept storr,runoff before draining out onto Lake Drive anil at the entrance to thetruck loading dock area. The storF, sewer slrstem shall be redesignedfor a Lg year storF, freqrrency and revised drainage calculationsprovided to the Cit]t. 8-612 concrete curb and grrtter shall beconstructed around all parking lots and driveways.
Planning Cor,n ission Meeting
March 21, L99g - Page 49
9. Appropriate gas and power corr,pany permits shall be obtained prior tograding within the utilit:t easer,ents along the north and east corner ofthe site.
LS.T:,pe III erosion control shall be used along Lake Drive and addeal tothe northeast and east corner of the front parking Iot. Straw bales
and silt fence shall be deployed to protect CB-2 fron silt andsedirrrent. Wood fiber blankets shall be installed along the disturbeilside slopes in the northeast corner of the site. After sodding, theerosion control shall be relocated to the sod,/seecl 1ine. The southwestcorner of the site should be sotlded to the north edge of the parkingIot.
11. No utilit:' cuts shall be al-lowed to Lake Drive without the approval ofthe Cit:' Engineer.
AlI voted in favor and the rr'otion carried.
APPROVAL OF I'lINUTES: Err,r,ings rr,oved, Erhart seconded to approve the Minutesof the Planning Corur,ission meeting dated Eebruaxy 2L, 1990 as presented.AII voted in favor except Wilderrr,uth who abstained and the r,otion carried.
CITY COUNCIL UPDATE:
Krauss: I tII, sorr!',
one. I'r, trlting tolate.
I realized I broke r,1,
remenber what we d id.
streak and forgot to give
I remer.ber we were there
you
quite
Ett'.ings: WeII :rou broke your own streak. Itls fairl:, typical over time
here .
Krauss: Hopefull]r it iyon't be now.
Er'r\ings: What happened?
Krauss: We had the private driveway ordinance on again I think for thethird time for final reading and it was continued again. Councilr,an Bo!'t
continues to have concerns about the possibility that the private driveway
r,echanisr., woulil be used to avoid building a prrblic street where publicstreet is in fact required. I.11, own personal feeling is that the ordinance
is specifically designed to say that if therers a public street that wethink is required, :rou canrt use it, the ordinance for it and hre'vehopefull]' clarified some of the language. wetve also added sort,e language
that requires that the street be plowed and r,aintained so that errergenc!,vehicles are passable at aII times or else the city can do the work and
assess the cost back to the propert], owner. Thatrs rescheduleil again for
uonday night and hopefulll' that wiIl go through. The R-L5 district
ordinance passed so that is now on the books.
Erdr,ings: Is the beachlot one done? Did that get a second reading?
Planning Corr,r,i ss i on Meeting
arch 21, L99q - Page 50
Krauss !
ago. In
The beachlot one wasfact, the:' were verl,
done as erel I but
c orrrpl irrentar], to
several rrreetingsthat was
vou.
Errrrr.ings: I read the Minutes. Onl!' one.
Erhart: You just canrt take a corr,plirr,ent. An:rthing
er'phasi ze how niuch i.re do appreciate those suFfiiar ies.helpful to know vrhat goes on so.
ONGOING ITEMS:
Erhart: An1, of the co1lr,issioners have any colrdnentslist? Anything going on, are rre actively pursuing
BF district thing?
el se?It I s
I j ust i{ant to
ver !r, ver !t
on
the
the ongoing item
business fringe,
Krauss: What werve done to date is I got an opinion fror" Roger on ourabilit], to rezone it back to agricultural. We reall:, need to bring itin front of you. In fact I think the issue r'a:, corr,e to a head. peter back
Beck-fror, Larkin Hoffi'.an has been delaying this celluar telephone tower thatthe:t rrant to put in down there. Celluar Telephone, or telephone radioantenna towers are allowed in the A-2 district as a conditional use.
Theyrre not allowed in the BE district and the site where they feel their
computer prograrr, tells them the!' have to be is in the BF district and Isaid well that, ]rou want us to aF,end an ordinance that we rrray cancel in averlt short period of tirr,e an]rwa]r and ltr, not sure how the elinning
Cor'.,r, i ss i on ' s going to proceed with that. We reall], need to scheilule it foryour action. I donrt think therers a whole lot of things to do tith thatdistrict. Either lrou r,ake it agricultural or you donrt. Therers not a
whole lot of options in our ordinance. Vlhat else do you do except r.,aybethat existing use district which in that case you probably wouldn't hrant to
Preserve.
Erhart: No, but therers sorrre other areas there that night. Iabout that after last week's r,eeting. As F,uch as I think itts
dangerous ordinance for sor,e areas along that...
was thinkinga verv
Eru..lngs: ...a landowner ln southern Chanhassen.
Erhart: Yeah, the Minnesota Valle], would be an appropriate place to lookat appl:ring that kind of thing because it clearly, lt is sir,pl:' an areathat I think it warrants trying to preserve it in a real long period oftirrre and I don I t, the question is, ire you ilr,posing a hardsh-ip on theexisting landowners down there and I donit think, I just donrt ever seethat being developed there quite frankty.
Er,rr,ings: The issues isnrt whether itrs ir,posing a hardshlp. The lssue iswhether it's a taking because ],outre taking away their developr,ent rights,at least according to that article. Itrs not a taking to take awaydeveloErr,ent rights. I'rtr sure there are people that vrould argue that with
:tou but that was the point of the article.
Krauss: The tbing that
would do, is r'"ake those
Erhart: A
think it's
think we a
An:rth i ng e
n:rwa]' ,the i
II agr
I se?
it doesntt do down there which rezoning it to ag
uses that are offensive alovrn there non-con f orr',i ng .
yeah I would encourage that we tr,ove ahead on this one.ter,, other than the Cor,p PIan it is one ite& here that Iee on at this point and it's hot. Itrs a hot deaL.
I
Err'nings: Have :rou [,ade an]r adrr,instratlve approvals?
Krauss: Yeah. I did one and I saitl geez, I 've got to te1I :rou about it.
Now I alonr t r er,err,be r what it was. Well, werve tinkered with the site plan
up at the HSZ site. Roger Zahnrs. He changed s or,e gratling out there anil
we required larger than approved trees to rtake up the difference. Except
he hasn't installed t.hose either. But the one I was going to teII you
about I can I t reF,eF,ber vrha t it was.
Er,r,ings: I think you r',ade
Council action.
some notes on it and lrou put them with the Cit;z
Krauss: Yeah, probabl:r.
Erhar t :
adjorrrn?
other issues anybody has to discuss? An:rboil!, irant to
Krauss: You had raised sor,e questions about the contractor rs yard.
Krauss: Did ]rou want to go into that or give us sorte direction for that?
Erhart: Ir11 just take a r,inute here. lle spent a lot of time and I guess
at rr,]' pror,pting to move contractor i s :rards into the industrial zones. Thenless than a :,ear later that was completed and then we carr,e up with thisinterim use thing that the State legislature allowed us which rre atl agreed
would give us an opportunit:t to do s orre better Planning and to be r.,oreIiberal in ternrs of allowing uses on an interirr, basis. we recorr'rrrended theapplication of interirr, uses but when we passed it on to Cit!, Council tre
didnrt spell out which districts anal rrha t uses. No, we didnrt assign usesto districts and identify those as interim uses and we discussed that and
decided not to do that here. Cit], Council felt that they wanteal to do that
and so without an:, input from Planning Corro,ission then, correct me if Irm
wrong but I think this is what it is, without any input fror, Planning
Cor,rr,ission, they assigned the uses to districts.
Er,rr,ings: One of which was?
Erhart: One of them which was contractorrs yards to rr,!r neighborhood again.
Krauss: If I could expand on that a little bit. You're right. The
ordinance that ],ou first reviewed had very lir,lted uses assigned b:, Rogerfor the interin use ordinance and when it did get to Cit:' Council...
Anw
Planning Conrr,is s i on Fleeting
llarch 21, L99A - Page 51
Erhart: Yeah.
Planning Cor.,n ission Meeting
March 21, L99S - Page 52
Erhart :
are sofie
And this is a
ideas.
possibility I think. I think it was that. These
Krauss: WeIl, no. The ordinance eras drafted and it had 3 or 4 uses forlike the CBD district. A church anil that kind of thing and when we got
the cit], Council Bill Bol't asked that we go through all the conilitional
uses and decide which should be interim and we did that. Hovrever, thedraft ordinance that the Planning Cor'.ur,i ss i on r€coFrrrr€nded approval of did
have contractorrs yards in there as an interim use.
Erhart: But certainl], not to an!' particular district.
Krauss: Yeah. I pulled out the old staff reports on that.
to-
Er,r,ings: I have a feeling that that seer,s far,iliarit would have been done going along with the feelingthat the mor, and pop contractor's yard when theyrve
they live there, that rre were not reall}z opposed tointerir, use.
to ne. If it was doner-a lot of people hadgot a few n,achines and
that, especially as an
Erhart: Thatrs what I sa:r. Irm not
rea).Iy effectively .put a cut-off dateactually end it, IrF, not so opposed.
adamantly opposed. If
sor,e tirr,e on it $rhere
so
or
we canvou can
Er,r,ings: You have to. To call it an interirr, use we have to do that.
Krauss: I wasnrt aware of the histor!' behinil that. I didnrt notice it.
Erhart: But I|II tell :rou, then it drives another thing. Then I thinki{hat we ought to do since the}, arenrt perFritted in RR, then I think itrsimportant that we go back and do the other thing on here and that is torelook at our r,ap as it is today and designate the rrrral subdivisions as
because noi', you could put a contractorrs lrard in Riley Lakes Wood Southrrhatever that is.
RR-
or
Elr'rnings: Can I t that be
el se?
done as part of updating the r.ap now and everything-
Krauss: WelI no. You canrt just unilateralllr do it. you actually have to -go through rezoning action. Notify everlrbod:r and have a public hearing.
Erhart: I think we need to protect those neighborhoods from the r.a and pa._
Er,rrings: I think te should get golng on that. I think thatrs a god thingto do. If thatrs what the!, are.
Krauss: f guess f
reviewed, rezoningguestion.
donrt under stand
wasn I t processed
wh!' when those
concurrently.
subdivisions rrereI never asked the
Erhart:a lot of
We probabllz went a ltearthings got dropped.
without a fu11 tine planning director that
Planning Cortrr,ission Meeting
March 21r l-99g - Page 53
Er,r,ings: Ir11 teII :rou. That rdas a hot and heavy tirtre. We had F,eetings,every r,eeting was 12.30-L.60 and we had subdivision after subdivision andit was just a nightr.are. It seerr,ed to go on for a long tir,e.
Erhart: so :tes. I agree nith steve that thatrs one ne should be rrrovingon. Particularly if sor,eone can cor,e in in a subdivision and now if theycan corqe in with a contractorrs ]'ard request. Although they still have to,have 5 acres but I think irerve just got to do it. An]rthing else?
Er,r'" i ng s Frovgd I
and the r,otion
Ellson secondeil to adjourn the meeting. AII votetl in favorcarried. The meeting was adjourneil at 10:30 p.n..
subr,i tted b}, PauI Krauss
Planning Di rector
PrePared b:, Nann Opheirr.
UEI{ORANDIII.I
TO: Planning Cornrnission
FRoM: Paul Krauss, PLanning Director
DATE: l'larch 27 , 1990
SURT: Report from the Director
690 COULTER DRIVE . PO. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-57s9
CITY OF
EH[NH[ESEN
€L
At the City Council neeting of March 26th, the following action wastaken:
1. The zoning ordinance amendnent providing standards dealingwith private driveways and revised lot frontage requirenentsin the RSF and Rural Residential Districts was given finalreading. The ordinance had been modified to allo!, the city toundertake street naintenance and snord plowing if these verenot adequately handled by the ohrners with cost being assessed
back to the property olrner. On several occasions, Bill Boytraised issues lrith this ordinance oriented towards thepotential of reguiring the dedication of right-of-way or
easement to acconmodate the eventuality of a private drivebeing converted to a public street. Staff rras generally
opposed to these neasures believing that the ordinance uas
designed to be used only in those circumstances where the City
determines that a public street is not now and will not everbe required or appropriate. Ultinately, the ordinance uas
amended to clarify the fact that if the City detemines a roadvi1l be necessary in the future, rdboever is doing thesubdivision will be reguired to dedicate full right-of-wiy andconstruct a street to full city standard= -. ..,,-
2. The Ersbo Addition on f,aie Lucy Road lras approved late Lastyear. The proposal called for the platting of six singlefamily lots off a new cul-de-sac and it was to adjoin LakeLucy Road at the Arlington intersection. While staking fotcorners, the surveyor realized that they had nade an error inthe survey and that the ne!, cuI-de-sac was actual.ly nisalignedwith Arlington court by approximately 30 feet. The surveyorthen came in and worked out an anended final plat with staffthat t ould result in the same number of lots accessed by acul-de-sac in the appropriate location. The only significant
Planning Com'nission
Ilarch 27, 1990
Page 2
nodification vas that Irt 7, on which the existing houe was tobe serviced by a private driveway, would have no frontage onLake Lucy Road under the current proposal, rrhereas under theoriginally approved plat it had 30 feet in the forn of a neck.The driveway would be continued to be utilized with accessprovided by an easenent instead of outright ownership. Inother respects, the anended plat actually serves to improvethe buil.dable areas on several of the lots and only fronts twohomesites on the protected rretland to the west instead of 3 asIrith the original proposal. Staff had reconmended that theplat be approved and the City Council did so on the Consent
Agenda.
3 Final plat approval was granted for Trappers pass at Nearl,[ountain 4th Addition. The fina]. plat had been nodified frouthe prelininary plat that uas reviewed by the planning
Cornmission sone tj.ne ago in several respects. The nostnoterorthy change is the fact that the nunber of Lots in thisaddition had been reduced fron 23 to 20. A street right-of-
way had also been realigned uith the result that the lots hadlarger buildable areas and provided greater setbacks froD theuetland areas that were being protected.
4.
5.
The City Council reconmended approval of the ComprehensivePIan Amendnent to relocate the I{etropolitan Urban Service Areaon Lake Lucy Road. As you will recall, the proposal calledfor bringing approxinrgtely 10 acres into the systero to renedyan. etnergency situation where an on-site sewer systen ilfailing at the present tine. The approvals were nadecontingent upon Hetropolitan Council appioval. Staff is nowforwarding the application to the lletro Council for action.
There is a joint City council/HRA neeting set for Thursday,Uarch 29th. The idea of the neeting is to deal with issulsthat have been raised by the City Council, most notably, TonI{or}.nan, concerning the potential of reconstituting the HRA asa City Council function rather than as an indepei:dent body.The issues that have lead to this proposal appear to stinlargely from concerns that the City Council i!- not able toexercise sufficient control over HRA activities. In sonerespects, the City Councilts concerns echo those that havebeen raised by the Planning Conmission reLative to the HRAundertaking plannin-g activities. Staff has attenpted to takenore of a leadership position in HRA/planning aCtivities ofIate in part to respond to these ind largLly because rrebelieve it is essential for pre-developrneit -plans to becoordinated through City Staff tb provide for better and noreefficient project developnent and review.
5
Planning Conmission
litarch 27 , 1990
Page 3
7.
The City Council approved a resolutLon supporting the use of
RALF funds to acquire a parcel Iocated at the Lntersection ofBluff Creek Drive and Pioneer Trail. The Planning Conmission
may recall that this 110 acre slte is heavily irnpacted by theHuy. 2L2 corrldor. The ouners have asked the city to
undertake actions necessary to use RALF funds to acquJ.re thelnpacted area. The applicants have prepared a preJ.ininaryplat showing the platting of the area into 11 lots which uassubnitted to the city, but at staffrs request, there has beenno action taken on this. We believe that it is noreappropriate to use the RALF program to acquire the site thento go through the platting process for a subdivision thatthere is apparently little intent to pursue beyondestablishing creditability for the condemnation process that
UnDOT wiU be going through in several years.
I have taken the opportunity to transmit ComnissLoner Emningsproposed ttBlending Ordinancer to the City Attorney for hisreview. He has verbally indicated to me that an ordi.nance ofthis sort is probably IegaI, although there would be sone longtern concerns that Lt could be lnvatidated by arbitrarydeiislons. He is composing a meno to you on it aia I vill b6scheduling Planning Cornnission review at an upcoming roeeting.
A.
B.
3
l-
2
I
ONGOING ISSUES
COI,IPREEENSIVE PLAN ISSUBS
Comprehensive Plan Update
Amendments to II{USA Boundary
Future Use for Areas Out-
s iile the IUUSA Bounalary
ZONING CODE AUENDI,TENTS
Blending Oralinance
Ailoption 9,/9 0
Adoption 9/90
1995 Study Areas
commissioner Enmingsdraft sent to CityAltorney. Will place
on future agenda in
Apri1.
Analysis paper
PC Review Districtin 2 months
2. Rezoning BF DisticC to A-2
3. Sign Ordinance
( low priority)
4. Tree Ordinance - Mapping ofsignificant vegeLative areas
5 Rezoning of 2l Acres Lotsto RR District
C. OTEER ITEl,tS
Inactive
Review schedule for
May I
Ongo i ng
CUP t s completed
Staff processing a position
paper to review wetland
ordinance & enforcement
Butlgeted money for update2 year timeframe
Review March, 1990
January, l9 91
August, 1990
Itlarch, 1990 - CC directeclstaff to expedite.
I nac t iveposition Low priority
1 Computerize land usepermits, conditionsexpiration dates oncel by parcel basis
files,
and
a par-
2 Reappraisal on l{etland issues,
ordinance and mapping in
conjunction $ith storm rrater
management
Definition of structures
shoreland Ordinance
Flood zone Orilinance
Grading/Mineral Extraction
REVISED MARCE 29, 1990
STATUS
3.
4.
5.
6.
REVTSED MARCH 29, 1990
8. ZOA Bank with drive-thru in
BH District
9. Review legislation and
ordinance pertaining to
group homes.
ONGOING I SSUES
7 R-15 Di str i ct
Group Eomes
Variance ordinance and
procedures
STATUS
Approveil by CC - 3/12/90
Approveil by CC - 3/L2/90
June, I990
City Council direction to
proces s
Approved by cc - 3/26/90
10.
11.
12. Ordinance revision dealing!rith lots accessed by private
d r iveways