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CC Staff Report 11-8-21City Council Item November 8, 2021 Item Approve a Request for an Interim Use Permit (IUP) for Grading in Excess of 1,000 Cubic Yards for the Creation of a Berm on Property Located at 9631 Foxford Road File No.Planning Case No. 2021-24 Item No: D.5 Agenda Section CONSENT AGENDA Prepared By Bob Generous, Senior Planner Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council Approves an Interim Use Permit (IUP) for grading in excess of 1,000 cubic yards for the creation of a berm on property located at 9631 Foxford Road, and adopts the Planning Commission's Findings of Fact." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY The applicant is requesting an IUP to permit the construction of an eight-foot high berm on the southwest corner of their property. Approximately 5,000 cubic yards of fill shall be brought to the site. The applicant is removing approximately 70 diseased trees, building a berm and re-landscaping with a mix of trees, shrubs and perennials. BACKGROUND The Planning Commission held a public hearing on October 19, 2021. The Planning Commission voted 5 - 0 to recommend approval of the IUP subject to the conditions of the staff report. A draft copy of the Planning Commission minutes from October 19, 2021 are attached. 87 DISCUSSION The applicant’s narrative and plans indicate that all work associated with grading activities and restoration will be completed in the summer of 2022. The applicant will be required to locate and protect the drain field for their septic system in conjunction with the grading activity. BUDGET RECOMMENDATION Staff recommends that City Council 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 conditions of the staff report and adopt the Planning Commission's Findings of Fact and Recommendation. The applicant has provided the existing conditions survey (one of the conditions of approval). ATTACHMENTS Interim Use Permit Findings of Fact and Recommendation - Signed Existing Conditions Survey for Lot 14, Blk 3, Lake Riley Woods Planning Commission Staff Report dated 10/19/21 Planning Commission Meeting Minutes Excerpt dated 10/19/21 88 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES INTERIM USE PERMIT #2021-24 1.Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an interim use for grading in excess of 1,000 cubic feet to construct a berm in the southwest corner of the property. 2.Property. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: Lot 14, Block 3, Lake Riley Woods, Carver County, Minnesota 3.Conditions. The permit is issued subject to the following conditions: Building 1. Any proposed grading shall not negatively impact or allow water to drain towards existing septic system or a secondary septic sites 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 condition survey, or update the Grading & Erosion Control Plans, dated 3/9/2021, 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 4 feet in height require a City permit and shall be designed by a registered professional engineer. 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. 89 2 3. All erosion control reviewed and approved in conjunction with Condition 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. 4.Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5.Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6.Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: November 8, 2021 90 3 CITY OF CHANHASSEN By: Elise Ryan, Mayor By: Laurie Hokkanen, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2020, by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 91 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of David and Sharon Gatto for an Interim Use Permit(IUP)to construct a berm on their property. On October 19, 2021,the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of David and Sharon Gatto for an IUP for the property located at 9631 Foxford Road. The Planning Commission conducted a public hearing on the proposed IUP preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1.The property is currently zoned Rural Residential District (RR). 2. The property is guided by the Land Use Plan for Residential Large Lot use. 3.The legal description of the property is: Lot 14, Block 3, Lake Riley Woods, Carver County, Minnesota. 4.Section 20-232: a. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed use will be consistent with the objectives of the City's Comprehensive Plan and the zoning ordinance. c. The proposed use will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed use will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. The proposed use will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 1 92 g. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed use will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The proposed use will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. The proposed use will be aesthetically compatible with the area. k. The proposed use will not depreciate surrounding property values. 1. The proposed use will meet standards prescribed for certain uses as provided in Chapter 20, Article IV of the City Code. 5.The Planning Commission shall recommend an IUP and the City Council shall issue an IUP only if it finds, based on the proposed location, that: a. The use meets the standards of an Interim Use Permit set forth in Section 20- 232 of the City Code. b. The use conforms to the zoning regulations. c. The use is allowed as an interim use in the zoning district. d. The date or event that will terminate the use can be identified with certainty. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. f. The user agrees to any conditions that the City Council deems appropriate for permission of the use. 6.The Planning Report No. 2021-24 dated October 19, 2021, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Interim Use Permit subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 19th day of October, 2021. CHANHASSEN PLANNING OMMISSION BY: ark von Oven, Vice Chairman 2 93 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. That this survey does not purport to show all improvements, easements or encroachments, to the property except as shown thereon. Signed this 9th day of March, 2021 Marcus F. Hampton MN L.S. No. 47481 SURVEYOR'S CERTIFICATE 94 Planning Commission Item October 19, 2021 Item Consider a Request for an Interim Use Permit (IUP) for Grading in Excess of 1,000 Cubic Yards for the Creation of a Berm on Property Located at 9631 Foxford Road File No.Planning Case No. 2021-24 Item No: B.1 Agenda Section PUBLIC HEARINGS Prepared By Erik Henricksen, Project Engineer Applicant David Gatto 9631 Foxford Road Chanhassen, MN 55317 Present Zoning Rural Residential District (RR) Land Use Residential Large Lot Acerage 2.48 acres Density NA Applicable Regulations Chapter 7, Article III, Excavating, Mining, Filling and Grading Chapter 20, Article IV, Division 5, Interim Use Permits PROPOSED MOTION The Planning Commission recommends that City Council approve the Interim Use Permit (IUP) to allow site grading subject to the Conditions of Approval and adopts the Findings of Fact and Recommendation for grading in excess of 1,000 cubic yards for the creation of a berm on property located at 9631 Foxford Road. 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 395 a berm and re-landscaping with a mix of trees, shrubs and perennials. BACKGROUND Lake Riley Woods was platted on June 15, 1987 (Subdivision #86-25). The house was built in 1991. DISCUSSION See attached staff report. 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 plans prepared by James R. Hill, Inc., dated March 9, 2021, subject to the conditions of the attached staff report, and adopt the attached Findings of Fact and Recommendation. ATTACHMENTS Staff Report Findings of Fact and Recommendation Development Review Application Grading Permit Application Plan Sheets Carver County Comments Public Hearing Notice and Affidavit of Mailing 496 CITY 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.” 597 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 698 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 799 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. 8100 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; 9101 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. 10102 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 11103 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of David and Sharon Gatto for an Interim Use Permit (IUP) to construct a berm on their property. On October 19, 2021, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of David and Sharon Gatto for an IUP for the property located at 9631 Foxford Road. The Planning Commission conducted a public hearing on the proposed IUP preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1.The property is currently zoned Rural Residential District (RR). 2.The property is guided by the Land Use Plan for Residential Large Lot use. 3.The legal description of the property is: Lot 14, Block 3, Lake Riley Woods, Carver County, Minnesota. 4.Section 20-232: a. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed use will be consistent with the objectives of the City's Comprehensive Plan and the zoning ordinance. c. The proposed use will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed use will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. The proposed use will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 12104 2 g. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed use will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The proposed use will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. The proposed use will be aesthetically compatible with the area. k. The proposed use will not depreciate surrounding property values. l. The proposed use will meet standards prescribed for certain uses as provided in Chapter 20, Article IV of the City Code. 5.The Planning Commission shall recommend an IUP and the City Council shall issue an IUP only if it finds, based on the proposed location, that: a. The use meets the standards of an Interim Use Permit set forth in Section 20- 232 of the City Code. b. The use conforms to the zoning regulations. c. The use is allowed as an interim use in the zoning district. d. The date or event that will terminate the use can be identified with certainty. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. f. The user agrees to any conditions that the City Council deems appropriate for permission of the use. 6.The Planning Report No. 2021-24 dated October 19, 2021, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Interim Use Permit subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 19th day of October, 2021. CHANHASSEN PLANNING COMMISSION BY:___________________________________ Steven Weick, Chairman 13105 COHMUN]TY OEVELOPI'ENT DEPARTi'ENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1 100 / Fax: (952) 227-11'lO SubmittalOate I APPLICATION FOR DEVELOPMENT REVIEW 6SDay Review Oate Section 1: Application Type (check all that apply) fl ComprehensivePlanAmendment.........................$600 E Subdivision(SUB) D Minor MUSA line for failing on-site sewers..... $100 E Greate 3 lots or less D Conditional Use Permit (CUP) trn Single-Family Residence .. All Others................ E lnterim Use Permit (lUP) ln conjunction with Single-Family Residence.. $325 All Others............ ................ $425 E Rezoning (REz)! tr Planned Unit Development (PUD) . Minor Amendment to existing PUD 7s0 100 500nnttotrers................. E Sign Plan Review. E Site Plan Review ( E Administrative 325 42s trtr Final Plat. lncludes $450 escrow br attomey costs)" Additional esdow may be required for other applications throllgh the det slopment contrad. E Vacataon of EasementvRight-of-way (VAC)........ $300 Additbnal Gcording tu€6 may apply) E Variance (vAR).................................................... $200 150 n wethnd Atteration permit (wAp) E Create over 3 1o8.....................(_ tots) E Uetes a Bounds (2 lots)........... E Zoning Ordinance Amendment (ZOA) 45 300 600 + $15 per lot 300 150 150 700& tr SPR) 100 Single-Family Residence...... E Ari ffi;.-.:...--.--..--.......................... 1s0 275 100ECommerchl/lndustrialDistricts'......................$500 r..1, Plus g10 per 1,ooo square reet oi ilil;iil ;.;, -- Ll zoning Appeal thousand square Eet) lndude number ot gxigDq employe€8: lnclude number of 4g!I employess: E Residential Districls......................................... $500 Plus $5 per dwelling unit ( units) llglE: Whrn multipl. .pplioltiolt3 ar. PIoo!5s.d omourEndy, th. $propdab l. Ehdl ba ohxlEd ior..oh .pplio.tion. s500 200 3 per address XoUnaai- Sign (city to instal and rqrov6) ........ ..... E Property Owners' List within 500' (clty to gEnerac der pr€-applbatbn meeting) . Ei Escrow fior Recording Documenrs (check ar that ?pply)........................ --t-.:tj:*]]....... sro per document E Conditional Use Permit E[ lnterim Use Permit E Site Plan Agreement E Vacation E Variance E \fietland Alteration Permit E Metes&Boundssubdivision(3docs.) E Easements( qrsements) Brfflia, 6ZO-z Section 2: Required lnformation Description of Proposal 7c€ P8q:ry- ififuCffiroN Property Address or Location Parcel#: / t/' l/' Present Zoni Present Land Existing Use of Property: Legal Description: wedands Present? E Yes No Requested Select One Requested Land Use Desig tDtA{ Select One Selecl One One Echeck box if separate nanative is attached Itz l)l eco*",ldIrq\]t ". o*".|t l( l+i tr /rc I rr Reter to tl?p apptqnab Applk at*n Cl?s,c*tisl tor IequiB,d suhnifial inlomatin that musl @o$any tlis applbatin) Totel Acreage: 14106 Section 3: Property Owner and Applicant lnformation APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the app€al period. lf this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additionalfees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the inbrmation and exhibits submitted are true and correcl. Name: Address Contact: Phone: city/state/zip: Email: Cell: Fax: Signature Date: PROPERW OWNER: ln signing this application, l, as property owner, have tull legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself inbrmed of the deadlines for submission of material and the progress of this application. I further undertand that additional Ees may be charged fior consultjng fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and conect. Name u\ 44r'D conact:51't+b^) Address:pnone: bl7- 1%?ob NCity/State/Zip Email: DPfr l Signature:Date:*02o4 Cell: Fax: Cell: Fax: N Contact: Phone: a cota This application must be completed in full and must be accompanied by all inbrmation and plans required by applicable City Ordinance provisions. Bebre filing thas application, reEr to the appropriate Application Checklist and confer wih the Planning Department to determine the specific ordinance and applicable procedural requirements and Ees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. Section 4: Notification lnformation Who should receive copies ot stafi rsports?'Othor Contact lnform.tion: trtrtr trlaiea Paper CopyNameEEmail E Email n Email n Email Address:trtrtr Mailed Paper Copy Mailed Paper Copy Maibd Paper Copy City/State/Zip Email: II{STRUCTIONS TO APPLICANT: Complete all necess:lry form fields, then select SAVE FoRM b save a copy to your device. PRINT FORM and deliver to city along with required documents and payrnent. SUBMIT FORM b send a digital copy to the city for prccessing. SAVE FORM PNINT FORM SUBiIIT FORU PROJECT ENGINEER (if applicable) No-o. Add.*. citv/state/zio: E-oil. Property Owner Via: Applicant Ma: Engineer Via: Othef Via: 15107 101 CITY OF CHANHASSEN EARTHWORK PERMIT GENERAL REQUIREMENTS 1. Complete an application for earthwork permit for any grading activity, hauling or depositing of material, or ground/soil disturbance in excess of 50 cubic yards approximately 5 truck loads)and less than 1,000 cubic yards, or any amount of material that may change the natural or present neighborhood drainage patterns within the City of Chanhassen. Applications should be submitted to the City of Chanhassen along with an application fee of$50.00 at least two (2)weeks prior to commencement of grading/earthwork. 2. Any grading activity in excess of 1,000 cubic yards requires an Interim Use Permit and City Council approval (a minimum of 60 days for processing). Interim Use Permits are can be applied for through the City's Planning Department. 3. A cash escrow or letter of credit will be collected at the time of permit issuance and will be fully refunded upon grading completion and acceptable restoration/revegetation of all disturbed areas. The escrow is required as security to insure restoration and proper erosion control measures are maintained. The escrow amount is based on an estimated cost to have others repair erosion control measures and site restoration. 4. The City of Chanhassen reserves the right to approve or deny any request. 16108 Permit No. IOWCITY OF CHANHASSEN APPLICATION FOR EARTHWORK PERMIT Name and Address of Property Owner:Name and Address of Excavator: David and Sharon Gatto TBD 9631 Foxford Road Chanhassen, MN 55317 Sharon Gatto Contact:Contact: David Gatto @ Ames Construction Phone: 612-386-3030Fax: Phone: 612-386-0510Fax: Alternate Phone: David: 612-3 8 6-0 510 Alternate Phone: Legal Description of subject property: See submitted drawing for this information . Lot Block Subdivision Property Identification Number: Site Address: Description of work to be done: See Section 7 Chanhassen submittal for more info . Generally, remove 70 diseased trees, build mounds on SW side of lot re-landscape with select trees, shrubs and perennials . Indicate the use or occupancy for which the proposed work is intended: Occupancy and property use does not change . Estimated quantity of excavation(cubic yards): No excavation Attach a plan showing the following: 1. Present elevations. 2. Proposed elevations. 3. Elevations of neighboring property within 15 feet of excavation. N/A NO EXCAVATION 4. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within 15 feet of the property or which may be affected by the proposed grading operations. N/A NO BUILDING WI IN 15 ' I have read and understand the City of C , 1 . e 's General Requirements for obtaining a grading/earthwork permit. df Signature of Applicant: 4,/% Date: SEP 2, 2021 Office Use Only Date Received: °1•$•Z? 50 Application Fee Received: AiYes No Approved Denied Receipt No Q0gS32 al/Date: q 1"Zl Security Amount: $ Processed by: Receipt No. Date: 17109 Chanhassen—Earthwork Permit: Section 7-35 Responses. a) Material added shall be approximately 5000 CY. b) 1. Owner of the property and General Contractor shall be David J. Gatto. Proof of Ownership will be provided if necessary. 2. Legal description—see submitted drawing 3. N/A—Neighborhood has been established for over 30 years. The project is not affecting any of the neighboring landowners. Approval from the Lake Riley Woods Homeowners Association is pending and required prior to beginning the work. 4. a) Grading Plan—See drawing b)Stockpile sites—N/A c) Physical relationship to community—property is available for viewing as necessary d) Site typo—See drawing for existing/proposed items. e) Material added shall be 2-4' of granular or sand fill overlaid with 2-4' of top soil to develop slightly sloping berm areas that will be finished with select landscaping and grass& perennial plants. Any change in the elevation near or exceeding a 1:1 slope and determined to be problematic for mowing will be finished with large boulder edges to develop the elevations desired. f) The water table in the area is known to be at 150' and appears again at approximately 300- 350' at the depth of nearly of all of the water wells in the area. g) The water well on the property is shown on the drawing. 5.The purpose of this"operation" is to generally re-landscape a portion of an existing large property that has suffered extensive Spruce Rhizosphaera needle cast. Seventy(70) Spruce and other trees on this property must be destroyed. This operation covers the SW portion of the property that is extensively exposed to the community. This operation will replace the trees with other types of trees and select landscaping that will benefit the Owner with future privacy, but also benefit the community with new and non-disease landscaping in a visual part of the Chanhassen community. 6. The operation will start this fall with the removal of the trees, followed by the placement of the fill and soil for the berms. Prior to any disturbance, erosion and sediment control measures will be installed. A specific construction entrance will be provided as shown on the submitted drawing complete with bypass piping for the drain water in the ditches adjacent to the roads and silt fence as shown. Silt fence will be installed as shown on the drawing and in accordance with the City of Chanhassen Engineering drawing included within the submitted drawing. After the soil is in place, compacted and graded it will be covered with a layer of Flexterra Flexible Growth Medium" or equal to guard against surface erosion. 18110 That soil will be allowed to remain throughout the winter of 2021-22 to settle and compact. During the spring of 2022 and prior to any local road restrictions, the landscaping as shown will be generally developed on the property so that it may be evaluated during the summer of 2022 for health and adequacy. If the Owner determines additional trees and landscaping is necessary for their privacy, additional landscaping features will be added as necessary. 7. The hours of work will be generally during convenient daylight hours and will not affect any of the surrounding community that currently has road projects and a commercial golf operation across the highway. No operations on the Gatto property will exceed any of the parameters of the other surrounding operations. 8. Tree survey is indicated on the drawing. 9. Final landscape plan is submitted. No interim screening plan is included. 10. No soil shall be processed on site, all soil will be delivered. Any water used will be from the local well or with water trucks imported and used for the work. 11. Travel routes—N/A. Entrance is shown on Foxford Road for the work. 12. Dust control if necessary will be done locally, drainage and erosion control will be as required for Best Management Practices (BMPs), or as stated in#6 above or per any NPDES Permits or Small-lot construction site jurisdiction with respect to local, County, or State Code. 13. Restoration—see landscape plans. 14. David Gatto (property Owner and Contractor) 612-386-0510 shall be notified of any complaints and is committed to resolving any valid problem or complaint with respect to this improvement on the property. 15. Environmental Assessment— N/A 16. Wetland Alternation—N/A There are NO Wetlands identified on the property. 17. Other information 19111 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 09/08/2021 9 : 58 AM Receipt No . 00483227 CLERK: ashleym PAYEE : Sharon & David Gatto 9631 Foxford Road Chanhassen MN 55317- 9631 Foxford Road Grading Permit 50 . 00 Total 50 . 00 Cash 0 . 00 Check 15702 50 . 00 Change 0 . 00 20112 21113 22114 23115 Carver County Public Works 11360 Highway 212, Suite 1 Cologne, MN 55322 Office (952) 466-5200 | Fax (952) 466-5223 | www.co.carver.mn.us CARVER COUNTY October 5, 2021 City of Chanhassen c/o Erik Henricksen, PE Project Engineer 952-227-1165 ehenricksen@ci.chanhassen.mn.us Re: Development / Access Review Comments: 9631 Foxford Rd. Interim Use Permit located at PID# 254080340 adjacent to County State Aid Highway (CSAH) 14 (Pioneer Trail) Thank you for the opportunity to review the subject development in the City of Chanhassen. Consistent with the County Comprehensive Plan and County Codes, and other official controls of the County, the following are comments and recommended conditions of approval and as potential requirements for any necessary permits to be issued for the project. 1. Regarding grading adjacent to the County Highway – a. The proposed grading plan is outside of the existing County right of way and does not appear to impact the County right of way. b. Confirm the proposed drainage will not create an adverse impact towards the County right of way. c. Proposed grading shall tie-in and match the existing County right of way. 2. Regarding potential permitting in or impacting the County right of way – a. Prior to any work affecting or on County highways or in County right of way, the applicant shall coordinate plans with the County Engineer and obtain a Utility or Excavating/Filling/Grading Permit(s) from Carver County Public Works: www.co.carver.mn.us/departments/public-works/quick-links/permits). Final details of locations, grades, and profiles affecting County roads as well as any utility connections will need to be reviewed and approved prior to any permits. b. Any damages, modifications, or changes incurred on County highways from current or approved conditions will need to remedied or updated at development expense, including costs incurred by the County. These are the County’s comments at this time. If you have any questions or need further assistance, please contact staff noted below: Joan Guthmiller Administrative Technician Carver County Public Works 952.466.5201 jguthmiller@co.carver.mn.us Angie Stenson AICP Sr. Transportation Planner Carver County Public Works 952.466.5273 astenson@co.carver.mn.us Dan McCormick, P.E. PTOE Traffic Services Supervisor Carver County Public Works 952.466.5208 dmccormick@co.carver.mn.us 24116 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ss. COLTNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on October 7,2021, the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe attached notice of Public Hearing to consider a request for an Interim Use Permit for grading in excess of 1,000 cubic yards for the creation of a berm on property located at 9631 Foxford Road. Znned Rural Residential RR). Property Owner: David Gatto. Planning Case No.202l-24 to the persons named on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fi.rlly prepaid thereon; that the names and addresses ofsuch owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records. 'l Kim en, City lerk JEAll M SIECKLITIG t{olry Ptflel/lhnota Subscribed and thisTh daY of t before me Notary Pubtic 2021. rt orirln Sdta !t tt' 2e' 25117 Subiect Parcel Oi.cl.lmer Thas map is neither a legally record€d map nor a survey and is nol intended to be used as one. This map is a compilation of records, infomaton and daia located an various oty, county, state and federal offces and othea sourceg regarding the area sho n, and i5 to be used ior reference purposet only. The Cily does not warrant that the Geographic lnformation System (GlS) Data used to prepare this map are eror free, and the Cry does not epresent that the GIS Data can be used for navrgatonal, tracking or any other purpose requinng exacting measurement ol distance or direction or Paeosion in the depiction ot geographac features. The pteceding disdaimer is provicled puGuant to Minnesota Statnes 5466.03. Subd. 21 (2000), and the user ol this map acknowledges tlat the City shall not be liable for any dameges, and expessly waives all daams, and agrees to defend, indemn y. and hold hamless lhe Crty from any aM all daims brought by User, ita employees or agents, or third parties which anse out of lhe use/s access or use of data provided DiSclalmat This map is neither a legally re@ftled map nor a survey and is nol intended to be used as one. This map is a compilaton of recods. anloflhation and data located in various city, coung. state and federal offces and other sources regardang the area sho{m, and is to be used for refeence purpces only. The City does not wanant that the Geographic lnlormation SFtem (GlS) Data used to prepare this map are eror free, and lhe City does not represent that the GIS Data can be used fo' navigational, tracking or any other purpGe rcquidno exactjng measuement ot distance or diredjon or precision in the depiction of geographic fuatures. The precedang disdaifier is provided pursuant to Minnesota Statutes S466 03, Subd. 21 (2000). and tne user of this map acknowledges that the CiV shall not be liable for any damages, and expressly waives all claams. and agrees lo defend, ind€mnify, and hold hamless the City from any and all daims broughl by User, its employees or agents, or third panies which arise out of the usefs ac@ss or use of data provicled. rTAX_NAMEI aTAX_ADD_L'l > ITAX ADD L2> Next RecordXTAX_NAMEI TAX_ADD_L1D TAX_ADD_L2) Subject Parcel o r)5 uq 1 Q I tl t)il H 1rl 26118 ECP o^u) 9-t E -f i slEe sE: E 3€e E E3xEl ' E 6E > E EI5 EPEE9:l a d,l[ Y o U 9l or.E L oE - atl Pt or I or E' EESi;; EE gEIgFaE;a I5l3Ps==EE5I;: EE= 5o;r-a:8.6Oe:Al g=*9 o o HgH Efi f; EF tN NoN o g Etoooo G q qiIl @ 0) oood-.!( 5oooo,c(ELo o-o-co;=: EE (t) O)c- oaI,o59EC) E8E- a! oodoo'a' : O- !, i-> 9ooQ o v. E o E o o(, p oo 9 oc 9 o oI e g oo5([ coo8,9' o 6- EE 9!lr8(o-o< rl). C- loor-E€ s3:a ? E€ EB ,5^ i or I U o.;.E- t? E-c= oo=c? 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LL r! u- lr o-- t o- o- o- o- c st O.r O.r O F{ .r r-{ i-.r C) x Lr1 o F{ c) .r .\ lrl Ln r- F. or or or .:l Q !9< di -.{ + < o (n an (n m an m l,l (o (o@F + Ln !a ut ln ro gl qr cD CD o ol qr cn (,1 qr t-J4> tnFYoz=z-sflfi, E>'- z- E == oZii1r, zg = 3tEEpC6Hie1oFliloE == 3 ==E-H i==EA=:=;EEEIHEs iEEE:EEqEEffr=EEE 28120 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 19, 2021 CALL TO ORDER: Vice Chair von Oven called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Eric Noyes, Mark von Oven, Erik Johnson, Doug Reeder, and Kelsey Alto MEMBERS ABSENT: Steven Weick, Laura Skistad STAFF PRESENT: Bob Generous, Senior Planner; and MacKenzie Young-Walters, Associate Planner; Erik Henricksen, Project Engineer; George Bender, Assistant City Engineer; Matt Unmacht, Assistant City Manager (former Water Resources Coordinator) PUBLIC PRESENT: Sharon Gatto 9631 Foxford Road Dan Blake Black Cherry LLC, 14500 Martin Drive, Suite 3000, Eden Prairie Jeff and Deb Papke 6180 Cardinal Drive, Shorewood Vice Chair von Oven noted there are four items on the agenda for this evening, however, the applicant for Item B3 has requested that the item be tabled. PUBLIC HEARING: CONSIDER A REQUEST FOR AN INTERIM USE PERMIT (IUP) FOR GRADING IN EXCESS OF 1,000 CUBIC YARDS FOR THE CREATION OF A BERM ON PROPERTY LOCATED AT 9631 FOXFORD ROAD Project Engineer Henricksen gave a presentation on Planning Case 2021-24. The location is abutting Pioneer Trail and is zoned Rural Residential. The applicant has provided an existing condition survey as the line of trees shown on the property are diseased with rhizosphaera needle cast which is killing the trees. Eventually those trees will be removed which will eliminate the privacy or buffer to Pioneer Trail. There is an existing septic system on site which must be protected during grading operations. The intent is to bring in approximately 5,000 cubic yards of material in order to grade the privacy berm. Commissioner Reeder asked the proposed height of the berm. Mr. Henricksen believes it will be about eight feet from the existing grade and conforms with City Ordinance. 121 Planning Commission Minutes – October 19, 2021 2 Sharon Gatto, applicant, has lived on the property for 30 years and planted 300-400 bushes and trees and with the disease they are losing their privacy. She stated they are hoping to take the berm to the street level and put in trees and plantings to make a beautiful corner. Vice Chair von Oven opened the public hearing. Vice Chair von Oven closed the public hearing. Commissioner Alto moved, Commissioner Reeder seconded that the Chanhassen Planning Commission recommends that the City Council approve the Interim Use Permit (IUP) to allow site gradings at 9631 Foxford Road subject to Conditions of Approval and Findings of Fact and Decision recommendations. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CONSIDER A REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT (IUP) 2021-03 TO AMEND THE COMPLETION DEADLINE, HAUL ROUTE AND STORAGE AREA, BLACK CHERRY DEVELOPMENT, LLC (ERHART) Project Engineer Henricksen gave a presentation on Planning Case 2021-03. The location of the wetland dredging project is west of Great Plains Boulevard and east of Eagle Ridge Road. This is an IUP that was previous approved by Planning Commission and City Council. The property is zoned Agricultural Estate A-2 and has been approved for Preliminary Plat. He noted Wetland 2 is being proposed for the amendment and it is the same ultimate grading plan proposing 21,200 cubic yards of material to be excavated which needs to be completed in the winter months. Due to weather conditions the previous year it was not completed which is why the applicant is requesting an extension of the IUP. There is an amended haul route and stockpile location. Commissioner Noyes asked why there is a change in haul route and stockpile location. Mr. Henricksen replied it is because the Erhart Farms subdivision is going through the process of final platting, construction plans, and build-out so they cannot put the stockpile there. Dan Blake, Black Cherry Development, noted they began work the previous winter. It is about three weeks of work and they got a week-and-a-half of work done and then the weather turned warm. They were at risk of losing trucks in the marsh so they had to stop. He noted this will include two weeks of work in the winter and it will happen pretty quickly. Vice Chair von Oven opened the public hearing. Vice Chair von Oven closed the public hearing. 122