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staff report 9631 Foxford RdCITY OF CHANHASSEN PC DATE: October 19, 2021 CC DATE: November 8, 2021 REVIEW DEADLINE: November 16, 2021 CASE #: 2021-24 BY: RG, EH, JS, MU SUMMARY OF REQUEST: The developer is requesting an Interim Use Permit (IUP) for grading in excess of 1,000 cubic yards for the construction of a berm on the property. LOCATION: Lot 14, Block 3, Lake Riley Woods Addition, (PID 254080340) APPLICANT: David & Sharon Gatto 9631 Foxford Road Chanhassen, MN 55317 PRESENT ZONING: Rural Residential District (RR) 2020 LAND USE PLAN: Residential Large Lot ACREAGE: 2.48 acres DENSITY: NA PROPOSED MOTION: “The Chanhassen Planning Commission recommends that City Council approve the Interim Use Permit to allow site grading, subject to the Conditions of Approval, and adopt the Findings of Fact and Recommendation.” Planning Commission 9361 Foxford Road IUP– Planning Case 2021-24 October 19, 2021 Page 2 of 7 LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying IUPs, based on whether or not the proposal meets the standards outlined in the Zoning Ordinance and excavating, mining, filling and grading regulations. If the City finds that all the applicable standards are met, the Permit must be approved. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting an IUP to permit the construction of an eight-foot high berm on the southwest corner of their property. The applicant is removing approximately 70 diseased trees, building a berm and re-landscaping with a mix of trees, shrubs and perennials. APPLICABLE REGULATIONS Chapter 7, Article III, Excavating, Mining, Filling and Grading Chapter 20, Article IV, Division 5, Interim Use Permits BACKGROUND Lake Riley Woods was platted on June 15, 1987 (Subdivision #86-25). The house was built in 1991. ANALYSIS SITE CONSTRAINTS Bluff Creek Corridor This property is not located within the Bluff Creek Overlay District. Wetland Protection There is not a wetland located on the property. Bluff Protection There are no bluffs on the property. Shoreland Management The property is not located within a shoreland protection district. Floodplain Overlay Planning Commission 9361 Foxford Road IUP– Planning Case 2021-24 October 19, 2021 Page 3 of 7 This property is not within a federally designated floodplain. ACCESS Access to the property is via Foxford Road. While the property is also located on Pioneer Trail, County Road 14, there is no access to the county road. GRADING, DRAINAGE AND EROSION CONTROL The Engineering Department has reviewed the IUP submittal for grading in excess of 1,000 cubic yards associated with this application. These comments are divided into two categories: general comments and proposed conditions. General comments are informational points to guide the applicant in the proper planning of public works infrastructure for this project, to inform the applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed conditions are requirements that Engineering recommends be formally imposed on the applicant in the final order. Note that references to the “City Standards” herein refer to the City of Chanhassen Standard Specifications and Detail Plates. General Comments/Findings 1. Any and all grading, erosion control, utility and transportation plans submitted with this application have been reviewed only for the purpose of determining the feasibility of the project in accordance with City Standards. A recommendation of IUP approval does not constitute final approval of details, including but not limited to alignments, materials and points of access, connection or discharge, that are depicted or suggested in the Planning Commission 9361 Foxford Road IUP– Planning Case 2021-24 October 19, 2021 Page 4 of 7 application. The City of Chanhassen Engineering and Public Works Departments will review plans, in detail, when they are submitted and approve, reject or require modifications to the plans or drawings based upon conformance with City Standards, the Chanhassen Code of Ordinances and the professional engineering judgment of the City Engineer. 2. It is the opinion of the Engineering Department that the proposed IUP application can be developed in accordance with the requirements of the Chanhassen Code of Ordinances (as it pertains to Engineering and Public Works requirements) and City Standards, provided it fully addresses the comments and conditions contained herein, and can be approved. 3. The applicant is proposing to import approximately 5,000 cubic yards of material in order to raise the elevations on the southwest portion of their property. The material will consist of up to four feet of granular or sand fill with up to four feet of top soil which will create a berm that will be stabilized with landscaping and other typical vegetation as indicated on the Landscape Plan, designed by The Mustard Seed, Inc., dated July 23, 2021. The applicant has also provided a Grading and Erosion Control Plan designed by James R. Hill, Inc., dated March 9, 2021, along with a narrative describing the erosion control practices and sequencing of construction operations. The Grading and Erosion Control Plan has been reviewed and found to be in general conformance with Sec. 7-35 and Sec. 19-145 of City Ordinances. However, there was not an existing conditions survey provided with the associated Grading & Erosion Control Plans. In order to review the impacts to existing drainage, particularly where the berm is raising the elevation close to the existing ditch abutting Carver County right-of-way, an existing conditions survey must be provided. Furthermore, staff recommends that certain plan notes be added regarding City Ordinance requirements and the applicant’s and contractor’s responsibility in meeting such requirements for clarity. One example is that there are plan call-outs regarding 1:1 slopes and the placement of landscape boulders associated with the steep slopes. If retaining walls are greater than four feet in height, they are required to be designed by a registered professional engineer and acquire the appropriate City permits. 4. There appears to be a small, incidental ditch wetland at the northeast corner of Pioneer Trail and Foxford Road. Based on the submitted plans, it does not appear that the project will impact this wetland, however, if wetland impacts are proposed during grading activities the applicant shall first seek a Wetland Conservation Act permit. Double row silt fence will be required on the north side of this wetland to protect the wetland from the incoming fill. 5. The erosion control plans provide an estimate of 2.49 acres for the entire parcel and 0.61 acres of disturbance associated with the proposed grading activities. To guarantee compliance with the plan, and related remedial work, a cash escrow or letter of credit shall be furnished to the City before any site grading commences. In accordance with Sec. 19-145.(d), the security is calculated based on the allowable, per parcel, amount of $7,500.00 per acre. This would equate to a total of $18,675.00 of security for the 2.49 acre site. However, after review of the required erosion control BMPs and area of disturbance (0.61 acres) compared to the total acreage of the site (2.49 acres), staff feels it reasonable to require a security for 125% of the area of disturbance rather than the entire parcel. Planning Commission 9361 Foxford Road IUP– Planning Case 2021-24 October 19, 2021 Page 5 of 7 6. The applicant’s narrative and plans indicate that all work associated with grading activities and restoration will be completed in the summer of 2022. Thus, staff feels it adequate for the IUP to be approved for a period of one (1) year from the date of approval. LANDSCAPING The applicant proposes to replace the existing diseased conifers with a variety of tree species. MISCELLANEOUS Any proposed grading shall not negatively impact or allow water to drain towards the existing septic system or a secondary septic site on the property. Existing septic site and secondary septic site are to be marked and protected to ensure soil treatment areas do not get compacted from construction activity. The IUP shall be approved for a period of one year from the date of City Council approval. If the project is not completed by then, the applicant must apply for an extension of the IUP. Sec. 20-323. - Termination. An interim use permit shall terminate on the happening of any of the following events, whichever first occurs: (1) The date stated in the permit; Planning Commission 9361 Foxford Road IUP– Planning Case 2021-24 October 19, 2021 Page 6 of 7 (2) Upon violation of conditions under which the permit was issued; (3) Upon change in the city's zoning regulations which renders the use nonconforming; (4) Upon the subdivision of the property or the alteration of the lot lines of the property. PERMITS Permits from appropriate regulatory agencies must be obtained; including but not limited to the Minnesota Pollution Control Agency, Riley Purgatory Bluff Creek Watershed District and Carver County. UTILITIES City utilities are not available at present to the property. RECOMMENDATION Staff recommends that the Planning Commission approve the Interim Use Permit to permit an eight-foot high berm on the southwest corner of their property as shown on the plans prepared by James R. Hill, Inc., dated March 9, 2021, subject to the following conditions, and adopt the attached Findings of Fact and Recommendation: Building 1. Any proposed grading shall not negatively impact or allow water to drain towards existing the septic system or a secondary septic site on the property. 2. Existing septic site and secondary septic site are to be marked and protected to ensure soil treatment areas do not get compacted from construction activity. Engineering 1. The applicant shall provide an existing conditions survey, or update the Grading & Erosion Control Plans, dated March 9, 2021, prepared by James R. Hill, Inc., to include surveyed existing topography, for review and approval prior to issuance of the Interim Use Permit. 2. The applicant shall update the Grading & Erosion Control Plans to include the following notes: a. Prior to commencement of any grading activities contact the City’s Water Resources Department, Ryan Pinkalla at 952-227-1173, to schedule an initial erosion control inspection. b. All temporary erosion control BMPs must be removed after final stabilization has occurred and prior to release of any securities. This includes, but is not limited to, the temporary construction entrance and all its appurtenances. c. Any construction of retaining walls over four feet in height require a City permit and shall be designed by a registered professional engineer. Planning Commission 9361 Foxford Road IUP– Planning Case 2021-24 October 19, 2021 Page 7 of 7 d. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or public holidays. e. Vehicular traffic on Foxford Road must be free flowing and unobstructed at all times during construction activities. f. Staging or impacts to Carver County right-of-way requires County approval. 3. All erosion control reviewed and approved in conjunction with Condition No. 1 shall be installed prior to the initiation of any site grading. Inspection and approval by the City of the installed erosion control measures must be had prior to commencement of grading operations. Erosion control measures require double row of silt fence up-gradient from the wetland. 4. The applicant shall supply a cash escrow or letter of credit in the amount of $5,718.75 prior to grading operations. 5. The Interim Use Permit shall be approved for a period of one (1) year from the date of City Council approval. The applicant will need to request a formal extension 60 days prior to the expiration date of the Interim Use Permit. 6. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, as necessary, i.e. Riley Purgatory Bluff Creek Watershed District, Carver County, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers, etc. and comply with their conditions of approval. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Grading Permit Application 4. Grading Plan 5. Carver County Public Works Comments 10-5-2021 6. Public Hearing Notice and Mailing List g:\plan\2021 planning cases\21-24 9631 foxford road iup for grading\staff report 9631 foxford rd.doc