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
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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
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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
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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
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(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
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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