CC Staff Report 8-28-06
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
WIIW. ci .chan hassen.mn. us
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Bob Generous, Senior Planner
DATE:
o~.
August 28, 2006
SUBJ:
Planning Case #06-28
Zumbro River Constructors
EXECUTIVE SUMMARY
Request for an interim use permit for site grading for the disposal of dirt from the
Highway 312 Conidor on property located at 1425 Bluff Creek Drive (Site 1), south
of the Hennepin County Regional Rail Corridor and Bluff Creek Drive (Site 2), and
1560 Bluff Creek Drive (Site 3).
ACTION REQillRED
City Council approval requires a majority of City Council present.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on August 1,2006, to review the
proposed development. The Planning Commission voted 4 to 1 to approve the !UP
for Sites 1 and 3. The Planning Commission voted 4 to 1 to deny the !UP for Site 2.
The Planning Commission concurred with staff about the potential negative impacts
to Site 2, including the impacts to wetlands and the seminary fen, the adjacent bed
and breakfast and extensive closures of Bluff Creek Drive, were excessive.
However, the Planning Commission agreed with the property owner for Site 1 that
the fill would improve the farmstead; his intent with this fill is "to raise that cow
yard flat where it should be, and then from the cow yard down to Hesse Farm
Road, fill in the low wet area so then you can farm that and you can use that
area", However, staff continues to recommend denial of the IUP for Site 1 due to
the significant negative impacts to traffic on Bluff Creek Drive.
RECOMMENDA TION
The Planning Commission recommends approval of the three motions
immediately following this memorandum approving the IUP to grade on Sites 1
and 3 and denying the IUP for Site 2 and their findings of fact and
recommendati on.
Or,
The City of Chanhassen · A growing community with clean lakes, quality schools, a chanming downtown, thriving businesses, winding trails, and beautiful parks. A glBat place to live, work, and play.
Todd Gerhardt
Zumbro River Constructors
Planning Case 06-28
August 28,2006
Page 2
Staff recommends adoption of the two motions as specified on pages 8 and 9 in the staff report
dated August 1, 2006 denying the IUP to grade on Sites 1 and 2, and approving the IUP to grade
on Site 3.
ATTACHMENTS
1. Planning Commission Recommended Motions.
2. Planning Commission Findings of Fact and Recommendations Approval.
3. Planning Commission Findings of Fact and Recommendations Denial.
4. Planning Commission Staff Report Dated August 1, 2006.
g:\plan\2006 planning cases\06-28 zumbro river constructors 312\executive summary. doc
Planning Commission Recommended Motions:
A. "The Chanhassen City Council denies Planning Case #06-28 for Interim Use Permits to
grade and fill properties identified as Site 2 located southwest of Bluff Creek Drive, south of the
Hennepin County Regional Trail Corridor and north of the Bluff Creek Inn."
B. "The Chanhassen City Council approves Planning Case #06-28 for Interim Use Permits to
grade and fill Site 1 (1425 Bluff Creek Drive) in conformance with the grading plans prepared by
Zumbro River Constructors for the site, subject to the following conditions:
1. "Truck Hauling" signs posted at each end of Bluff Creek Drive.
2. Flag-persons must be on-site during trucking operations.
3. Bluff Creek Drive must be scraped and swept daily.
4. For safety reasons, access to the site should be via West Farm Road. The owner and
applicant are responsible for obtaining permission for this access.
5. A $4,500 escrow must be posted to guarantee the replacement of Bluff Creek Drive curb and
gutter and pavement that is damaged due to the trucking operations at this site.
6. Hours of operations shall be 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m.
and 5:00 p.m. on Saturdays, with no work allowed on holidays.
7. The site access must be clearly shown on the plan.
8. No fill shall be placed within the Bluff Creek Drive right-of-way.
9. The proposed swale along the southeast edge of the property shall be constructed to minimize
the potential for erosion around existing trees.
10. Each site shall be examined by a professional wetland delineator to determine whether
jurisdictional wetlands exist on-site or within 150 feet of the proposed fill. Any wetlands that
are identified shall be delineated, then reviewed by the City prior to any work commencing
on-site. If the delineation shows the proposed project to include wetland impact, the applicant
shall obtain a wetland alteration permit from the City prior to wetland impacts occurring.
11. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around any aglurban wetlands. Wetland buffer areas shall be preserved, surveyed
and staked in accordance with the City's wetland ordinance. The applicant shall install wetland
buffer edge signs, under the direction of City staff, before construction begins and shall pay the
City $20 per sign. All structures shall maintain a setback of at least 40 feet from aglurban
wetland buffer edges.
12. Wetland replacement, if necessary, shall occur in a manner consistent with the wetland
alteration permit and the Minnesota Wetland Conservation Act (MR 8420).
1
13. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
Type of Slope
Steeper than 3:1
10:1 to3:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
These areas include constructed storm water management pond side slopes, and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
14. Silt fence shall be installed at the base of all proposed slopes in accordance with Chanhassen
Standard Detail Plates 5300. A rock construction entrance meeting the specifications of
Chanhassen Standard Detail Plate 5301 shall be installed where truck traffic will enter and exit
Bluff Creek Drive. Street cleaning of soil tracked onto public streets shall include daily street
scraping and street sweeping as-needed. Wimco-type inlet protection shall be installed in
accordance with Chanhassen Standard Detail Plate 5302A in all catch basins within 200 feet of
the proposed project sites and maintained as needed. The construction plans shall be revised to
show the locations of the proposed silt fence, rock construction entrances and Wimco-type inlet
protection and to include Chanhassen Standard Detail Plates 5300, 5301 and 5302A.
15. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency
(NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources,
Minnesota Department of Transportation) and comply with their conditions of approval.
Zumbro River Constructors shall apply for and receive an amendment to their existing
NPDES Phase II Construction Permit for the Trunk Highway 212 project from the Minnesota
Pollution Control Agency to incorporate a storm water pollution prevention plan for these
sites.
16. The applicant should review proposed slopes and runoff velocities for the site and provide
additional rock checks as an erosion control mechanism if needed. Rock checks proposed
within the right-of-way for Bluff Creek Drive must be reviewed and approved by the City
prior to installation."
C. "The Chanhassen City Council approves Planning Case #06-28 for Interim Use Permits to
grade and fill Site 3 (1560 Bluff Creek Drive) in conformance with the grading plans prepared by
Zumbro River Constructors for the site, subject to the following conditions:
1. Overland hauling must utilize the existing creek crossing for the Bluff Creek Dri ve realignment.
2. No fill shall be placed within the Bluff Creek Drive right-of-way.
2
3. Hours of operations are 7:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. and 5:00
p.m. on Saturdays, with no work allowed on holidays.
4. Each site shall be examined by a professional wetland delineator to determine whether
jurisdictional wetlands exist on-site or within 150 feet of the proposed fill. Any wetlands
that are identified shall be delineated, then reviewed by the City prior to any work
commencing on-site. If the delineation shows the proposed project to include wetland impact,
the applicant shall obtain a wetland alteration permit from the City prior to wetland impacts
occumng.
5. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around any aglurban wetlands. Wetland buffer areas shall be preserved, surveyed
and staked in accordance with the City's wetland ordinance. The applicant shall install wetland
buffer edge signs, under the direction of City staff, before construction begins and shall pay the
City $20 per sign. All structures shall maintain a setback of at least 40 feet from ag/urban
wetland buffer edges.
6. Wetland replacement, if necessary, shall occur in a manner consistent with the wetland
alteration permit and the Minnesota Wetland Conservation Act (MR 8420).
7. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
Type of Slope
Steeper than 3:1
10:1 to 3:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
These areas include constructed storm water management pond side slopes, and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
8. Silt fence shall be installed at the base of all proposed slopes in accordance with Chanhassen
Standard Detail Plates 5300. A rock construction entrance meeting the specifications of
Chanhassen Standard Detail Plate 5301 shall be installed where truck traffic will enter and exit
Bluff Creek Drive. Street cleaning of soil tracked onto public streets shall include daily street
scraping and street sweeping as-needed. Wimco-type inlet protection shall be installed in
accordance with Chanhassen Standard Detail Plate 5302A in all catch basins within 200 feet of
the proposed project sites and maintained as needed. The construction plans shall be revised to
show the locations of the proposed silt fence, rock construction entrances and Wimco-type inlet
protection and to include Chanhassen Standard Detail Plates 5300, 5301 and 5302A.
9. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency
(NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources,
Minnesota Department of Transportation) and comply with their conditions of approval.
3
Zumbro River Constructors shall apply for and receive an amendment to their existing
NPDES Phase II Construction Permit for the Trunk Highway 212 project from the Minnesota
Pollution Control Agency to incorporate a storm water pollution prevention plan for these
sites.
10. The applicant should review proposed slopes and runoff velocities for the site and provide
additional rock checks as an erosion control mechanism if needed. Rock checks proposed
within the right-of-way for Bluff Creek Drive must be reviewed and approved by the City
prior to installation."
4
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
Planning Commission
INRE:
Application of Zumbro River Constructors for an Interim Use Permit to provide fill in southern
Chanhassen - Planning Case 06-28.
On August 1, 2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Zumbro River Constructors for an interim use permit for
the properties located at 1425 Bluff Creek Drive and 1560 Bluff Creek Drive. The Planning
Commission conducted a public hearing on the proposed interim use was 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 properties is currently zoned Rural Residential District (Site 1), RR, and Agricultural
Estate District (Site 3), A2.
2. The property is guided by the Land Use Plan for Residential - Large Lot and Residential
- Low Density and Parks and Open Space.
3. The legal description of the properties is:
Site 1: Lot 1, Block 1, Hesse Farm 2nd Addition and a portion of Lot 2, Block 1, Hesse
Farm 2nd Addition.
Site 3: The SW quarter of the SW quarter of Section 26, Township 116, Range 23 West,
north of Bluff Creek Drive.
4. The proposed grading and filling operations:
a. Will not be detrimental to the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city since the hours of operation will
be limited, the duration of the grading will be limited, appropriate erosion control
measures will be installed and maintained, and the sites will be re-vegetated
immediately after completion of the grading operations.
b. Will be consistent with the objectives of the city's comprehensive plan and the
zoning ordinance as well as meeting the standards for grading in Chapter 7 of the
Chanhassen City Code.
c. 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
1
not change the essential character of that area since the sites will be restored to
their original vegetative state.
d. Will not be hazardous or disturbing to existing or planned neighboring uses since
the hours of operation will be limited, the duration of the grading will be limited,
appropriate erosion control measures will be installed and maintained, and the
sites will be re-vegetated immediately after completion of the grading operations.
e. 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. Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
g. 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 since the hours of operation will be limited, the duration of
the grading will be limited, appropriate erosion control measures will be installed
and maintained, and the sites will be re-vegetated immediately after completion of
the grading operations.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
1. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
J. Will be aesthetically compatible with the area since the sites will be restored to
their original vegetative state.
k. Will not depreciate surrounding property values.
1. Will meet standards prescribed for certain uses as provided in the zoning
ordinance as well as meeting the standards for grading in Chapter 7 of the
Chanhassen City Code..
5. The planning report #06-28 dated August 1,2006, prepared by Robert Generous,
et aI, is incorporated herein.
2
RECOMMENDATION
The Planning Commission recommends that the City Council approve the interim
use permit for Site 1 (Moe and Hesse) and Site 3 (Klingelhutz).
ADOPTED by the Chanhassen Planning Commission this 1 sl day of August, 2006.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
g:\plan\2006 planning cases\06-28 zumbro river constructors 312\findings of fact.doc
3
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION OF DENIAL
Planning Commission
INRE:
Application of Zumbro River Constructors for an Interim Use Permit to provide fill to the site in
southern Chanhassen - Planning Case 06-28.
On August 1,2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Zumbro River Constructors for an interim use permit for
the property located south of the Hennepin County Regional Rail Corridor and Bluff Creek
Drive. The Planning Commission conducted a public hearing on the proposed interim use was
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 properties is currently zoned Agricultural Estate District, A2 (Site 2).
2. The property is guided by the Land Use Plan for Residential - Large Lot and Parks and
Open Space.
3. The legal description of the properties are:
Site 2: The SW 1,4 of the NE 1,4 of the Section 35, Township 116, Range 23 West,
Southwest of Bluff Creek Drive and South of the Hennepin County Regional Rail
Corridor.
4. The proposed grading and filling operations consisting of 90,000 cubic yards of fill for
Site 2:
a. Will be detrimental to the public health, safety, comfort, convenience or general
welfare of the neighborhood or the city.
Existing traffic on Bluff Creek Drive is approximately 3,700 trips per.
The only access to the sites is via Bluff Creek Drive.
Bluff Creek Drive is a 28-foot wide street within a 66-foot wide right-of-way with
one lane of traffic in each direction.
Trucks entering and exiting the site will require the entire street width to complete
the turn. This will block the street in both directions for the duration of the turn,
closing down the road.
1
Due to the residential nature of the area, the hours of operation would be limited
to 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m.
on Saturdays, with no work allowed on Sundays or holidays.
Truck capacity is approximately 10 cubic yards per load.
Hauling activities will degrade traffic to an unacceptable level:
Summary Table:
MoelHess Hess property MoelHess and
property only only Hess properties
7 am - 6 pm Monday-Friday 47.1 trips/hour for
9 am -5 pm Saturday 18.5 trips/hour 28.6 trips/hour 3 weeks
(Regular hours within time for 3 weeks for 5 weeks 28.6 trips/hour for
frame stated in application) 2 additional weeks
9 am - 3 pm Monday-Friday 47.1 trips/hour for
9 am -5 pm Saturday 5 weeks
(Recommended hours at the 18.5 tripslhour 28.6 trips/hour 28.6 trips/hour for
hauling rate for the above for 5 weeks for 8.3 weeks 3.3 additional
scenario) weeks
9 am - 3 pm Monday-Friday 77.7 trips/hour for
9 am -5 pm Saturday 30.7 trips/hour 47 tripslhour 3 weeks
(Recommended hours within the for 3 weeks for 5 weeks 47 trips/hour for 2
time frame stated in application) additional weeks
MoelHess property only: 35,000 cy + 10 cynoad = 3,500 trips
1) If 7 am to 6 pm Monday-Friday, 9 am-5 pm Saturday (regular construction hours, 63
hours/week) for three weeks:
63 hours/week x 3 weeks = 189 hours of hauling
3,500 trips + 189 hours = 18.5 trips/hour
This would result in stopping traffic once every three minute for three weeks.
2) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), 18.5 trips/hour:
18.5 trips/hour x 38 hours/week = 703 trips/week
3,500 trips + 703 trips/week = 5.0 weeks
This would result in stopping traffic once every other minute for over three weeks.
2
3) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), for three weeks:
38 hours/week x 3 weeks = 114 hours of hauling
3,500 trips + 114 hours = 30.7 trips/hour
This would result in stopping traffic every minute for three weeks.
Hess Property (Site 2) only: 90,000 c.y. + 10 cy/trip = 9,000 trips
1) If 7 am to 6 pm Monday-Friday, 9 am-5 pm Saturday (regular construction hours, 63
hours/week) for 5 weeks:
63 hours/week x 5 weeks = 315 hours of hauling
9,000 trips + 315 hours = 28.6 trips/hour
This would result in stopping traffic once every other minute for five weeks.
2) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), 28.6 trips/hour:
28.6 trips/hour x 38 hours/week = 1,086.8 trips/week
9,000 trips + 1,086.8 trips/week = 8.3 weeks
This would result in stopping traffic once every other minute for over eight weeks.
3) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week) for five weeks:
38 hours/week x 5 weeks = 190 hours of hauling
9,000 trips + 190 hours = 47 trips/hour
This would result in stopping traffic almost once every minute for 5 weeks.
Moe/Hess and Moe properties (cumulative effect if both were approved):
1) If 7 am to 6 pm Monday-Friday, 9 am-5 pm Saturday (regular construction hours, 63
hours/week):
18.5 trips/hour + 28.6 trips/hour = 47.1 trips/hour for three weeks
28.6 trips/hour for two weeks additional
2) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), maintaining the same rate of hauling shown in a):
18.5 trips/hour + 28.6 trips/hour = 47.1 trips/hour for five weeks
28.6 trips/hour for 3.3 weeks additional
3
3) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), maintaining same timeframe listed in application:
30.7 trips/hour + 47 trips/hour = 77.7 trips/hour for three weeks
47 trips/hour for two weeks additional
b. Will be inconsistent with the objectives of the city's comprehensive plan in that
traffic operations will be significantly degraded and significant natural resources
will be impacted. There are several significant trees within the fill area of Site 2
that would be removed with the proposed grading operation. The fill on Site 3
could interrupt existing groundwater flows in the area that contribute to the
hydrology of the Seminary Fen, Assumption Creek and/or the associated wetland
complex
c. Will not be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
change the essential character of that area by altering Site 2 by adding between 2
and 30 feet of fill and increases the slope adjacent to the wetland.
d. Will be disturbing to existing neighboring uses since the truck traffic will increase
existing traffic of 3,700 trips per day by between 290 and 300 trips per day and
must access the sites via Bluff Creek Drive, which is a 28-foot wide roadway, and
would close Bluff Creek Drive for turns into the sites.
e. Will not served adequately by city streets, which is only 28-foot wide street.
f. Will create excessive requirements for public streets and will be detrimental to the
economic welfare of the community.
g. Will involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to persons, property or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare, odors,
rodents, or trash.
h. Will have vehicular approaches to the property which create traffic congestion or
interfere with traffic or surrounding public thoroughfares requiring the closing
down of the road.
1. Will potentially result in the destruction, loss or damage of natural features of
major significance.
There are several significant trees within the fill area of Site 1 that would be
removed with the proposed grading operation.
The proposed fill on Site 2 is adjacent to the Seminary Fen wetland complex. The
Seminary Fen and nearby Assumption Creek are classified as Outstanding
Resource Value Waters ("ORVW") by the State of Minnesota.
4
Due to the nature of the soils on this site, it is likely that significant compaction of
underlying soil material would result. This could interrupt existing groundwater
flows in the area that contribute to the hydrology of the Seminary Fen,
Assumption Creek and/or the associated wetland complex.
J. Will be aesthetically incompatible with the area since the grading operation will
remove existing vegetation on the site or significantly alter the site elevations,
creating steep slopes and concentrated runoff.
k. Will not depreciate surrounding property values.
1. Will not meet standards prescribed for certain uses as provided in the zoning
ordinance.
5. The planning report #06-28 dated August 1,2006, prepared by Alyson Fauske, et
aI, is incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council deny the interim
use permits for Sites 1 and 2 (Moe and Hesse).
ADOPTED by the Chanhassen Planning Commission this 1 st day of August, 2006.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
g:\plan\2006 planning cases\06-28 zumbro river constructors 312\findings of fact denial.doc
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PC DATE: August 1,2006
[lJ
CC DATE: August 28, 2006
CITY OF CHANHASSEN
REVIEW DEADLINE: August 29, 2006
CASE #: 06-28
BY: AF,RG,LH,JS
STAFF REPORT
PROPOSAL: Request for an interim use permit for off-site grading for the disposal of dirt from
the Highway 312 Corridor on property located at 1560 Bluff Creek Drive and 1425 Bluff Creek
Drive and south of the Hennepin County Regional Rail Corridor and Bluff Creek Drive.
LOCATION:
1560 Bluff Creek Drive, 1425 Bluff Creek Drive and south of Bluff Creek Drive
and Hennepin County Regional Rail Corridor.
APPLICANT:
~.
Zumbro River Constructors
312 Lake Hazeltine Blvd., Ste. 100
Chaska, MN 55318
(612) 685-5289
Harold Hesse (Site 1 & 2)
1425 Bluff Creek Dr.
Chaska, MN 55318
Brad Moe (Site 1)
14372 Westridge Dr.
Eden Prairie, MN 55347
John Klinglehutz (Site 3)
1560 Bluff Creek Dr.
Chaska, MN 55318
PRESENT ZONING: Agricultural Estate District, A2 (Sites 2 and 3)
Rural Residential District, RR (Site 1)
2020 LAND USE PLAN: Residential - Large Lot and Parks and Open Space
ACREAGE: 8.0,21.0,6.8 DENSITY: not applicable
SUMMARY OF REQUEST:
The applicant is proposing to provide fill from the Highway 312 corridor on each of the three
properties being reviewed. The approximate amount of fill at each of the sites is as follows: site
1 - 35,000 cubic yards, site 2 - 90,000 cubic yards, and site 3 - 30,000 cubic yards.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has limited discretion in approving or denying interim use permits, based on whether or
not the proposal meets the use standards outlined in the Zoning Ordinance. If the City finds that all
the applicable use standards are met, the permit must be approved. This is a quasi judicial decision.
CCAtltlED
Location Map
Zumbro River Constructors 312
Interim Use Permit
Planning Case 06-28
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C CMIfI ED
Zumbro River Constructors !UP
Planning Case 2006-28
August 1, 2006
Page 2 of 10
PROPOSAL/SUMMARY
The applicant is proposing to provide fill from the Highway 312 corridor on each of the three
properties being reviewed. The approximate amount of fill at each of the sites is as follows: site
1 - 35,000 cubic yards, site 2 - 90,000 cubic yards, and site 3 - 30,000 cubic yards. The
estimated duration of the operations are: site 1 - three weeks, site 2 - five weeks, and site 3 -
one week. The filling will take place between August and October 2006. Daily grading will
occur between 7:00 a.m. and 5:00 p.m.
Sites 1 and 2 will be accessed via Bluff Creek Drive. Bluff Creek Drive is a collector roadway with
a 28-foot wide roadway pavement width. Site 3 will be accessed overland without the requirement
for trucks and equipment traveling on Bluff Creek Drive. Each truckload contains approximately
10 cubic yards of material. Site 1 would therefore generate approximately 3,500 total trips or 290
trips per day. Site 2 would generate approximately 9,000 total trips or 320 trips per day.
Staff is recommending denial of the Interim Use Permits for sites 1 and 2 and approval of the
interim use permit for site 3.
APPLICABLE REGUA TIONS
Chapter 7, Article III, Excavating, Mining, Filling and Grading
Chapter 20, Article IV, Division 5, Interim Use Permits
BACKGROUND
The property owners approached Zumbro River Constructors about use of excess soil from the
Highway 312 project to fill areas on their properties.
The plat for Hesse Farm 2nd Addition was approved on November 6, 1978 by the Chanhassen City
Council (Subdivision #76-2).
GRADING, DRAINAGE AND EROSION CONTROL
Site 1.
The proposal includes placement of 35,000 cubic yards of fill within a low area on the
HesselMoe property. The maximum depth of fill is approximately 22 feet. The property lies
within a large-lot residential neighborhood. There are several significant trees within the fill area
that would be removed with the proposed grading operation.
The contractor proposes to haul fill to the site via Audubon and Bluff Creek Drive. Bluff Creek
Drive is a 28-foot wide street within a 66-foot wide right-of-way. West Farm Road, a 20-foot
wide private road, lies to the south of the site. The plan does not indicate where trucks would
enter and exit the site.
The 2005 traffic counts for Bluff Creek Drive indicate that there are 3,785 trips/day on this street
approximately equally split between north and southbound traffic. Given the existing traffic
Zumbro Ri ver Constructors IUP
Planning Case 2006-28
August 1, 2006
Page 3 of 10
volumes on this road and the width of the street, traffic control should include "Truck Hauling"
signs along the roadway and flag-persons to control traffic where vehicles enter and exit the site.
The contractor anticipates that the hours of operation will be between 7 a.m. and 5 p.m., but that
the hours are "flexible". Staff does not support flexible hours at this location since the site is in a
residential area and reasons that hours of operation between 9:00 a.m. and 3:00 p.m. Monday
through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on holidays is
more appropriate. These hours would restrict hauling during rush hour traffic.
The City's engineering consultant, Kimley Horn, has determined that the proposed grading is in
accordance with Chapter 7, Article II of the City Code and does not significantly alter the
drainage pattern.
Staff is concerned about this proposal due to the existing traffic volumes on Bluff Creek Drive,
that Bluff Creek Drive is only 28 feet wide and the potential damage to the pavement and curb.
Trucks entering and exiting the site will require the entire street width to complete the turn.
This, combined with the anticipated number of truck trips generated from this project and the
existing traffic volumes, may lead to significant delays along Bluff Creek Drive.
The proposed swale along the southeast edge of the property should be constructed to minimize the
potential for erosion around existing trees.
Staff recommends denial of the Interim Use Permit for 1425 Bluff Creek Drive. Should the
Planning Commission recommend approval of the IUP, staff recommends that the following
conditions be added as well as recommended conditions of approval 4 -10 from Site 3.:
1. "Truck Hauling" signs posted at each end of Bluff Creek Drive.
2. Flag-persons must be on-site during trucking operations.
3. Bluff Creek Drive must be scraped and swept daily.
4. For safety reasons, access to the site should be via West Farm Road. The owner and
applicant are responsible for obtaining permission for this access.
5. A $4,500 escrow must be posted to guarantee the replacement of Bluff Creek Drive curb and
gutter and pavement that is damaged due to the trucking operations at this site.
6. Hours of operations shall be 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m.
and 5:00 p.m. on Saturdays, with no work allowed on holidays.
7. The site access must be clearly shown on the plan.
8. No fill shall be placed within the Bluff Creek Drive right-of-way.
9. The proposed swale along the southeast edge of the property shall be constructed to minimize
the potential for erosion around existing trees.
Site 2.
The proposal includes placement of 90,000 cubic yards of fill on a relatively flat area of the
property. The maximum amount of fill proposed is 27 feet. This area is relatively flat and is
surrounded by trees to the west, north and east. Bluff Creek Inn, a 140-year-old structure lies to
the south of the area.
Zumbro River Constructors IUP
Planning Case 2006-28
August 1, 2006
Page 4 of 10
The contractor proposes to haul fill to the site via Audubon and Bluff Creek Drive. Bluff Creek
Drive is a 28-foot wide street within a 66-foot wide right of way. West Farm Road, a 20-foot
wide private road, lies to the south of the site. The plan does not indicate where trucks would
enter and exit the site.
The 2005 traffic counts for Bluff Creek Drive indicate that there are 3,785 trips/day on this
street, approximately equally split between north and southbound traffic. Given the existing
traffic volumes on this road and the width of the street, traffic control should include "Truck
Hauling" signs along the roadway and flag-persons to control traffic where vehicles enter and
exit the site.
The contractor anticipates that the hours of operation will be between 7 a.m. and 5 p.m., but that
the hours are "flexible". Staff does not support flexible hours at this location since the site is in a
residential area and reasons that hours of operation between 9:00 a.m. and 3:00 p.m. Monday
through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on holidays is
more appropriate. These hours would restrict hauling during rush hour traffic.
The City's engineering consultant, Kimley Horn, has determined that the proposed grading is in
accordance with Chapter 7, Article II of the City Code and does not significantly alter the
drainage pattern.
Staff's concerns with this proposal are the same as those for 1425 Bluff Creek Drive. In addition
to these concerns, the proposed fill does not blend well into the existing landscape in that the fill
would essentially make a hill on a relatively flat area. Staff is also concerned about the close
proximity of the fill operations to Bluff Creek Inn located 100 feet away from the proposed
grading operation.
Due to the complexity and uniqueness of the natural features on and surrounding Site 2, it is
recommended that the utmost caution be exercised prior to any work being completed in this
area. In the review of this proposal, the City consulted with representatives from the Minnesota
Pollution Control Agency, Minnesota Department of Natural Resources and a consultant who is
evaluating groundwater patterns in this area.
The proposed fill site is adjacent to the Seminary Fen wetland complex. The Seminary Fen and
nearby Assumption Creek are classified as Outstanding Resource Value Waters ("ORVW") by
the State of Minnesota. For this reason, the project will require an amendment to the existing
NPDES Phase II Construction Permit and Storm Water Pollution Prevention Plan (SWPPP) for
the Trunk Highway 212 project from the Minnesota Pollution Control Agency. The project may
also require review and/or permitting by the Minnesota Department of Natural Resources. The
applicant must obtain all necessary approvals from the MPCA and MDNR prior to commencing
any work on Site 2 (Hesse Southern Property).
An undisturbed wetland buffer of native vegetation 35 to 100 feet in width (with a minimum
average of 50 feet) must be maintained around any pristine wetlands (Seminary Fen wetland
complex). All structures must maintain a setback of at least 100 feet from the wetland edge.
Zumbro River Constructors IUP
Planning Case 2006-28
August 1, 2006
Page 5 of 10
The proposed work on this site would entail raising existing elevations across most of the
property by bringing in between 2 and 30 feet of fill material. Due to the nature of the soils on
this site, it is likely that significant compaction of underlying soil material would result. This
could interrupt existing groundwater flows in the area that contribute to the hydrology of the
Seminary Fen, Assumption Creek and/or the associated wetland complex. In addition, it could
result in displacement of soils into adjacent wetland areas, resulting in the effective filling of
wetlands. Prior to placement of fill on Site 2 (Hesse Southern Property), the applicant should
submit soil coring data from several locations on the site to the City for its review. The City will
review the data to determine the presence and/or extent of compressible soils prior to work
commencmg.
The proposed swale along the east side of the project will concentrate flows and increase
velocities prior to stormwater runoff leaving the site in the southeast comer. The applicant
should demonstrate that the proposed swale will not cause erosion in this area or alter its
hydrology.
The approval of any work on this site should be subject to finding no adverse environmental
impact to the Seminary Fen, Assumption Creek and/or the associated wetland complex.
Staff recommends denial of the Interim Use Permit for this site. Should the Planning
Commission recommend approval of the IUP, staff recommends that the following conditions be
added as well as recommended conditions of approval 4 - 10 from Site 3:
1. "Truck Hauling" signs posted at each end of Bluff Creek Drive.
2. Flag-persons must be on-site during trucking operations.
3. Bluff Creek Drive must be scraped and swept daily.
4. A $4,500 escrow must be posted to guarantee the replacement of Bluff Creek Drive curb and
gutter and pavement that is damaged due to the trucking operations at this site.
5. Hours of operations shall be 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m.
and 5:00 p.m. on Saturdays, with no work allowed on holidays.
6. The site access must be clearly shown on the plan.
7. No fill shall be placed within the Bluff Creek Drive right-of-way.
8. The applicant shall obtain an amendment to the existing NPDES Phase II Construction Permit
and Storm Water Pollution Prevention Plan (SWPPP) for the Trunk Highway 212 project from
the Minnesota Pollution Control Agency. The applicant shall obtain all necessary approvals
from the MPCA and MDNR prior to commencing any work on Site 2 (Hesse Southern
Property) .
9. An undisturbed wetland buffer of native vegetation 35 to 100 feet in width (with a minimum
average of 50 feet) shall be maintained around any pristine wetlands (Seminary Fen wetland
complex). All structures shall maintain a setback of at least 100 feet from the wetland edge.
10. Prior to placement of fill on Site 2 (Hesse Southern Property), the applicant shall submit soil
coring data from several locations on the site to the City for its review. The City shall review
the data to determine the presence and/or extent of compressible soils prior to work
commencmg.
11. The applicant shall demonstrate that the proposed swale will not cause erosion in this area or
alter its hydrology.
Zumbro River Constructors !UP
Planning Case 2006-28
August 1, 2006
Page 6 of 10
12. The approval of any work on this site shall be subject to finding no adverse environmental
impact to the Seminary Fen, Assumption Creek and/or the associated wetland complex.
Site 3.
The proposal includes placement of 30,000 cubic yards of fill within a low-lying area of the
Klingelhutz property. The maximum depth of fill is approximately 27 feet. The fill will be
brought to the site overland through the existing Highway 212/312 construction corridor.
Overland hauling must utilize the existing creek crossing for the Bluff Creek Drive realignment.
Heavy equipment will not utilize City streets to access this site.
No fill shall be placed within the Bluff Creek Drive right-of-way.
The application states that the hours of operation will be between 7 a.m. and 5 p.m., but that the
hours are "flexible". Staff does not support flexible hours at this location since the site is in a
residential area and recommends that the hours of operation be between 7:00 a.m. and 6:00 p.m.
Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, with no work allowed on
holidays. These hours are consistent with the construction hours in new developments.
The City's engineering consultant, Kimley Horn, has determined that the proposed grading is in
accordance with Chapter 7, Article II of the City Code and does not alter the drainage pattern.
The applicant should review proposed slopes and runoff velocities for the site and provide
additional rock checks as an erosion control mechanism if needed. Rock checks proposed within
the right-of-way for Bluff Creek Drive must be reviewed and approved by the City prior to
installation.
WETLANDS
Existing Wetlands
It appears that the sites may contain or be adjacent to jurisdictional wetlands. Each site should
be examined by a professional wetland delineator to determine whether jurisdictional wetlands
exist on-site or within 150 feet of the proposed fill. Any wetlands that are identified should be
delineated, then reviewed by the City prior to any work commencing on-site. If the delineation
shows the proposed project to include wetland impact, the applicant must obtain a wetland
alteration permit from the City prior to wetland impacts occurring.
A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) must be
maintained around any aglurban wetlands. Wetland buffer areas should be preserved, surveyed
and staked in accordance with the City's wetland ordinance. The applicant must install wetland
buffer edge signs, under the direction of City staff, before construction begins and must pay the
City $20 per sign. All structures must maintain a setback of at least 40 feet from aglurban
wetland buffer edges.
Zumbro River Constructors !UP
Planning Case 2006-28
August 1, 2006
Page 7 of 10
Wetland Replacement
Wetland replacement must occur in a manner consistent with the wetland alteration permit and
the Minnesota Wetland Conservation Act (MR 8420).
Erosion and Sediment Control
Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed
soil areas shall have temporary erosion protection or permanent cover year round, according to
the following table of slopes and time frames:
Type of Slope
Steeper than 3: 1
10:1 to 3:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an. area can
remain open when the area
is not actively being worked.)
These areas include constructed storm water management pond side slopes, and any exposed soil
areas with a positive slope to a storm water conveyance system, such as a curb and gutter system,
storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems
that discharge to a surface water.
Silt fence should be installed at the base of all proposed slopes in accordance with Chanhassen
Standard Detail Plate 5300. A rock construction entrance meeting the specifications of
Chanhassen Standard Detail Plate 5301 should be installed where truck traffic will enter and exit
Bluff Creek Drive. Street cleaning of soil tracked onto public streets shall include daily street
scraping and street sweeping as needed. Wimco-type inlet protection should be installed in
accordance with Chanhassen Standard Detail Plate 5302A in all catch basins within 200 feet of
the proposed project sites and maintained as needed. The construction plans should be revised to
show the locations of the proposed silt fence, rock construction entrances and Wimco-type inlet
protection and to include Chanhassen Standard Detail Plates 5300, 5301 and 5302A.
OTHER AGENCIES
The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES
Phase II Construction Site Permit), Minnesota Department of Natural Resources, Minnesota
Department of Transportation) and comply with their conditions of approval. Zumbro River
Constructors should apply for and receive an amendment to their existing NPDES Phase II
Construction Permit for the Trunk Highway 212 project from the Minnesota Pollution Control
Agency to incorporate a storm water pollution prevention plan for these sites.
LANDSCAPING AND TREE PRESERVATION
On Lot 1, Block 1 Hesse Farm 2nd all trees shown as remaining shall be protected by tree
preservation fencing. The fencing must be installed prior to any activity on site and be located at
the dripline. Silt fence shall be installed so that the trees are excluded from the grading area.
Zumbro River Constructors IUP
Planning Case 2006-28
August 1,2006
Page 8 of 10
RECOMMENDA TION
Staff recommends that the City Council Planning Commission adopt the following two motions
and adoption of the attached findings of facts and recommendations:
A. ''The Chanhassen City Council denies Planning Commission recommends denial of
Planning Case #06-28 for Interim Use Permits to grade and fill properties identified as Sites 1 and 2
in this staff report."
B. "The Chanhassen City Council approves Planning Commission recommends approval of
Planning Case #06-28 for Interim Use Permits to grade and fill Site 3 in conformance with the
grading plans prepared by Zumbro River Constructors for the site, subject to the following
conditions:
1. Overland hauling must utilize the existing creek crossing for the Bluff Creek Drive realignment.
2. No fill shall be placed within the Bluff Creek Drive right-of-way.
3. Hours of operations are 7:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. and 5:00
p.m. on Saturdays, with no work allowed on holidays.
4. Each site shall be examined by a professional wetland delineator to determine whether
jurisdictional wetlands exist on-site or within 150 feet ofthe proposed fill. Any wetlands
that are identified shall be delineated, then reviewed by the City prior to any work
commencing on-site. If the delineation shows the proposed project to include wetland impact,
the applicant shall obtain a wetland alteration permit from the City prior to wetland impacts
occumng.
5. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around any aglurban wetlands. Wetland buffer areas shall be preserved, surveyed
and staked in accordance with the City's wetland ordinance. The applicant shall install wetland
buffer edge signs, under the direction of City staff, before construction begins and shall pay the
City $20 per sign. All structures shall maintain a setback of at least 40 feet from aglurban
wetland buffer edges.
6. Wetland replacement, if necessary, shall occur in a manner consistent with the wetland
alteration permit and the Minnesota Wetland Conservation Act (MR 8420).
7. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
Tvpe of Slope
Steeper than 3: 1
1O:1t03:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
Zumbro River Constructors IUP
Planning Case 2006-28
August 1, 2006
Page 9 of 10
These areas include constructed storm water management pond side slopes, and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
8. Silt fence shall be installed at the base of all proposed slopes in accordance with Chanhassen
Standard Detail Plates 5300. A rock construction entrance meeting the specifications of
Chanhassen Standard Detail Plate 5301 shall be installed where truck traffic will enter and exit
Bluff Creek Drive. Street cleaning of soil tracked onto public streets shall include daily street
scraping and street sweeping as-needed. Wimco-type inlet protection shall be installed in
accordance with Chanhassen Standard Detail Plate 5302A in all catch basins within 200 feet of
the proposed project sites and maintained as needed. The construction plans shall be revised to
show the locations of the proposed silt fence, rock construction entrances and Wimco-type inlet
protection and to include Chanhassen Standard Detail Plates 5300, 5301 and 5302A.
9. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency
(NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources,
Minnesota Department of Transportation) and comply with their conditions of approval.
Zumbro River Constructors shall apply for and receive an amendment to their existing
NPDES Phase II Construction Permit for the Trunk Highway 212 project from the Minnesota
Pollution Control Agency to incorporate a storm water pollution prevention plan for these
sites.
10. The applicant should review proposed slopes and runoff velocities for the site and provide
additional rock checks as an erosion control mechanism if needed. Rock checks proposed
within the right-of-way for Bluff Creek Drive must be reviewed and approved by the City
prior to installation.
ATTACHMENTS
1. Findings of Fact and Recommendation approval
2. Findings of Fact and Recommendation denial
3. Site 1:
a. Development Review Application
b. Chanhassen Grading Permit Q & A
c. 7.5 Minute Map
d. Grading Plan
e. Grading Profiles
4. Site 2:
a. Development Review Application
b. Chanhassen Grading Permit Q & A
c. Abstract of Title
d. 7.5 Minute Map
e. Grading Plan
Zumbro River Constructors !UP
Planning Case 2006-28
August 1, 2006
Page 10 of 10
f. Grading Profiles
5. Site 3:
a. Development Review Application
b. Chanhassen Grading Permit Q & A
c. Erosion Control Plat No. 5302B
d. 7.5 Minute Map
e. Grading Plan
f. Grading Profiles
6. Affidavit of Mailing Notice
g:\plan\2006 planning cases\06-28 zumbro river constructors 312\staff report zumbro.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Zumbro River Constructors for an Interim Use Permit to provide fill in southern
Chanhassen - Planning Case 06-28.
On August 1,2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Zumbro River Constructors for an interim use permit for
the property located at 1560 Bluff Creek Drive. The Planning Commission conducted a public
hearing on the proposed interim use was 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 properties is currently zoned Agricultural Estate District, A2.
2. The property is guided by the Land Use Plan for Residential - Low Density and Parks and
Open Space.
3. The legal description of the properties is:
Site 3: The SW quarter of the SW quarter of Section 26, Township 116, Range 23 West,
north of Bluff Creek Drive.
4. The proposed grading and filling operations:
a. Will not be detrimental to the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city since the hours of operation will
be limited, the duration of the grading will be limited, appropriate erosion control
measures will be installed and maintained, and the sites will be re-vegetated
immediately after completion of the grading operations.
b. Will be consistent with the objectives of the city's comprehensive plan and the
zoning ordinance as well as meeting the standards for grading in Chapter 7 of the
Chanhassen City Code.
c. 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 since the sites will be restored to
their original vegetative state.
d. Will not be hazardous or disturbing to existing or planned neighboring uses since
the hours of operation will be limited, the duration of the grading will be limited,
1
appropriate erosion control measures will be installed and maintained, and the
sites will be re-vegetated immediately after completion of the grading operations.
e. 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. Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
g. 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 since the hours of operation will be limited, the duration of
the grading will be limited, appropriate erosion control measures will be installed
and maintained, and the sites will be re-vegetated immediately after completion of
the grading operations.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
1. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
J. Will be aesthetically compatible with the area since the sites will be restored to
their original vegetative state.
k. Will not depreciate surrounding property values.
1. Will meet standards prescribed for certain uses as provided in the zoning
ordinance as well as meeting the standards for grading in Chapter 7 of the
Chanhassen City Code..
5. The planning report #06-28 dated August 1,2006, prepared by Robert Generous,
et aI, is incorporated herein.
2
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the interim
use permit for Site 3 (Klingelhutz).
ADOPTED by the Chanhassen Planning Commission this 1 st day of August, 2006.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
g:\plan\2006 planning cases\06-28 zumbro river constructors 3 l2\findings of fact.doc
3
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION OF DENIAL
INRE:
Application of Zumbro River Constructors for an Interim Use Permit to provide fill to two sites
in southern Chanhassen - Planning Case 06-28.
On August 1, 2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Zumbro River Constructors for an interim use permit for
the properties located at 1425 Bluff Creek Drive and south of the Hennepin County Regional
Rail Corridor and Bluff Creek Drive. The Planning Commission conducted a public hearing on
the proposed interim use was 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 properties is currently zoned Agricultural Estate District, A2 (Site 2) and Rural
Residential District, RR (Site 1).
2. The property is guided by the Land Use Plan for Residential- Large Lot and Parks and
Open Space.
3. The legal description of the properties are:
Site 1: Lot 1, Block 1, Hesse Farm 2nd Addition and a portion of Lot 2, Block 1, Hesse
Farm 2nd Addition.
Site 2: The SW % of the NE % of the Section 35, Township 116, Range 23 West,
Southwest of Bluff Creek Drive and South of the Hennepin County Regional Rail
Corridor.
4. The proposed grading and filling operations consisting of 35,000 cubic yards of fill for
Site 1 and 90,000 cubic yards of fill for Site 2:
a. Will be detrimental to the public health, safety, comfort, convenience or general
welfare of the neighborhood or the city.
Existing traffic on Bluff Creek Drive is approximately 3,700 trips per.
The only access to the sites is via Bluff Creek Drive.
Bluff Creek Drive is a 28-foot wide street within a 66-foot wide right-of-way with
one lane of traffic in each direction.
1
Trucks entering and exiting the site will require the entire street width to complete
the turn. This will block the street in both directions for the duration of the turn,
closing down the road.
Due to the residential nature of the area, the hours of operation would be limited
to 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m.
on Saturdays, with no work allowed on Sundays or holidays.
Truck capacity is approximately 10 cubic yards per load.
Hauling activities will degrade traffic to an unacceptable level:
Summary Table:
MoelHess Hess property MoelHess and
property only only Hess properties
7 am - 6 pm Monday-Friday 47.1 trips/hour for
9 am -5 pm Saturday 18.5 trips/hour 28.6 trips/hour 3 weeks
(Regular hours within time for 3 weeks for 5 weeks 28.6 trips/hour for
frame stated in application) 2 additional weeks
9 am - 3 pm Monday-Friday 47.1 trips/hour for
9 am -5 pm Saturday 5 weeks
(Recommended hours at the 18.5 trips/hour 28.6 trips/hour 28.6 trips/hour for
hauling rate for the above for 5 weeks for 8.3 weeks 3.3 additional
scenario) weeks
9 am - 3 pm Monday-Friday 77.7 trips/hour for
9 am -5 pm Saturday 30.7 trips/hour 47 trips/hour 3 weeks
(Recommended hours within the for 3 weeks for 5 weeks 47 trips/hour for 2
time frame stated in application) additional weeks
MoelHess property only: 35,000 cy + 10 cynoad = 3,500 trips
1) If 7 am to 6 pm Monday-Friday, 9 am-5 pm Saturday (regular construction hours, 63
hours/week) for three weeks:
63 hours/week x 3 weeks = 189 hours of hauling
3,500 trips + 189 hours = 18.5 trips/hour
This would result in stopping traffic once every three minute for three weeks.
2) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), 18.5 trips/hour:
18.5 trips/hour x 38 hours/week = 703 trips/week
3,500 trips + 703 trips/week = 5.0 weeks
2
This would result in stopping traffic once every other minute for over three weeks.
3) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), for three weeks:
38 hours/week x 3 weeks = 114 hours of hauling
3,500 trips + 114 hours = 30.7 trips/hour
This would result in stopping traffic every minute for three weeks.
Hess Property (Site 2) only: 90,000 c.y. + 10 cy/trip = 9,000 trips
1) If 7 am to 6 pm Monday-Friday, 9 am-5 pm Saturday (regular construction hours, 63
hours/week) for 5 weeks:
63 hours/week x 5 weeks = 315 hours of hauling
9,000 trips + 315 hours = 28.6 trips/hour
This would result in stopping traffic once every other minute for five weeks.
2) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), 28.6 trips/hour:
28.6 tripslhour x 38 hours/week = 1,086.8 trips/week
9,000 trips + 1,086.8 trips/week = 8.3 weeks
This would result in stopping traffic once every other minute for over eight weeks.
3) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week) for five weeks:
38 hours/week x 5 weeks = 190 hours of hauling
9,000 trips + 190 hours = 47 tripslhour
This would result in stopping traffic almost once every minute for 5 weeks.
MoelHess and Moe properties (cumulative effect if both were approved):
1) If 7 am to 6 pm Monday-Friday, 9 am-5 pm Saturday (regular construction hours, 63
hours/week):
18.5 trips/hour + 28.6 trips/hour = 47.1 trips/hour for three weeks
28.6 trips/hour for two weeks additional
2) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), maintaining the same rate of hauling shown in a):
18.5 trips/hour + 28.6 trips/hour = 47.1 trips/hour for five weeks
3
28.6 trips/hour for 3.3 weeks additional
3) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), maintaining same timeframe listed in application:
30.7 trips/hour + 47 trips/hour = 77.7 trips/hour for three weeks
47 trips/hour for two weeks additional
b. Will be inconsistent with the objectives of the city's comprehensive plan in that
traffic operations will be significantly degraded and significant natural resources
will be impacted. There are several significant trees within the fill area of Site 2
that would be removed with the proposed grading operation. The fill on Site 3
could interrupt existing groundwater flows in the area that contribute to the
hydrology of the Seminary Fen, Assumption Creek and/or the associated wetland
complex
c. Will not be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
change the essential character of that area by altering Site 2 by adding between 2
and 30 feet of fill and increases the slope adjacent to the wetland.
d. Will be disturbing to existing neighboring uses since the truck traffic will increase
existing traffic of 3,700 trips per day by between 290 and 300 trips per day and
must access the sites via Bluff Creek Drive, which is a 28-foot wide roadway, and
would close Bluff Creek Drive for turns into the sites.
e. Will not served adequately by city streets, which is only 28-foot wide street.
f. Will create excessive requirements for public streets and will be detrimental to the
economic welfare of the community.
g. Will involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to persons, property or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare, odors,
rodents, or trash.
h. Will have vehicular approaches to the property which create traffic congestion or
interfere with traffic or surrounding public thoroughfares requiring the closing
down of the road.
1. Will potentially result in the destruction, loss or damage of natural features of
major significance.
There are several significant trees within the fill area of Site 1 that would be
removed with the proposed grading operation.
4
The proposed fill on Site 2 is adjacent to the Seminary Fen wetland complex. The
Seminary Fen and nearby Assumption Creek are classified as Outstanding
Resource Value Waters ("ORVW") by the State of Minnesota.
Due to the nature of the soils on this site, it is likely that significant compaction of
underlying soil material would result. This could interrupt existing groundwater
flows in the area that contribute to the hydrology of the Seminary Fen,
Assumption Creek and/or the associated wetland complex.
J. Will be aesthetically incompatible with the area since the grading operation will
remove existing vegetation on the site or significantly alter the site elevations,
creating steep slopes and concentrated runoff.
k. Will not depreciate surrounding property values.
1. Will not meet standards prescribed for certain uses as provided in the zoning
ordinance.
5. The planning report #06-28 dated August 1,2006, prepared by Alyson Fauske, et
aI, is incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council deny the interim
use permits for Sites 1 and 2 (Moe and Hesse).
ADOPTED by the Chanhassen Planning Commission this 1st day of August, 2006.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
g:\plan\2006 planning cases\06-28 zumbro river constructors 312\findings of fact denial.doc
5
~,
'..- 'Q
Planning Case No. OCa _. d-~
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
PLEASE PRINT
Applicant Name and Address:
;1. u-A,b 'b R; v~". ~A.~ +,.lLG+dr$
5/:l. An.../t(c. #4...,,1".1+4._t2. B J ud 6,...J-k!. /(JQ
C;J..I"l..~ kG..., MN 55.? IB ~
Contact: M~ kt!.. M ~ A .....Ht.u.-"'"
Phone: 6/:1- Y15 -5.zB1 Fax: 9S4t -Jl68 - 5580
Email: h'tA"th.I..,d-l-+},uJ'tI?2f.LikJ._,.:UU.- dn-._
Owner Name and Address:
8~ MllCl. € J-lc...t"'C1d l-I~j,S$~
~~?~~ W:;.~.;:~P~ D,-
Contact: Bl"Y2..cJ Ma-e.
Phone: 952.. 937- 9'i/~ Fax:
Email: A-d IIo'\nQ. €) "t:LJ,DD. c.o_ .
V
NOTE: Consultation with City staff is reQuired prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit (CUP)
Vacation of Right-of-Way/Easements (VAC)
"f... Interim Use Permit (IUP)
.
Variance (VAR)
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign - $200
(City to install and remove)
Site Plan Review (SPR)*
Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPRNACNARIWAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $
x
Subdivision*
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a diQital copy in TIFF-Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
CCl\.tltlEO
, \.
\.
PROJECT NAME: Me&.. Fal 61~ ~ I
LOCATION: ''''.2. 5 H J J.f Cree..'" {),-/ ",e...
LEGAL DESCRIPTION: LD7 ~ IOLG::f:Lj /
He5:>E FFiV'2WlZOO
TOTAL ACREAGE:
8
A~~~
WETLANDS PRESENT:
YES
)<.
NO
PRESENT ZONING:
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:
A;l
A.2
/2.e.6: d a..,.,..l.i~J - J..a ~ t)~&
~~~~ d'-A..f.;-.I - /..O~ (}~~7
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST:
P r-n IJ D.. r:& /) UJ"" Ci!.t-'
,
.J. J..III. fj ro /} 12.,-t;' .
I I
Q^-,
A ,'.
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-ihe.
/~--
..y r~L
/; ~:?'
.i'!2..~"""'_
~.......Id
la<.Q.. ~O r4..~~L
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
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.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request 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 have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
~,~~~
Signature of Applicant
~/~//;)6
Oat
~ I-}~
p"ture of ee uwrrer
H-e.-sA...t
...........
b-Z9-oG
Date
G:lpLANlformslDevelopment Review Application,DOC
Rev, 12/05
GeMmED
\
'.
PARCEL THAT INCLUDES ADDITIONAL 2 ACRES THAT INCLUDES THE
FARMSTEAD:
All of Lot 1, Block 1, THE HESSE FARM 2ND ADDITION and
All that part of Lot 2, Block 1, THE HESSE FARM 2ND ADDITION, according to
the duly recorded plat thereof, described as follows:
Beginning at the most easterly corner of said Lot 2; thence run
southwesterly along the southeasterly line thereof for a distance of 207.00
feet on an assumed bearing of South 55 degrees 09 minutes 03 seconds
West; thence North 45 degrees 18 minutes 38 seconds West for a
distance of 302.45 feet; thence North 300.00 feet more or less to the most
northerly corner of said Lot 2; thence run southeasterly along the
northeasterly line of said Lot 2 to the point of beginning.
21.76 ACRES in East orthwest 1/4 & in t 1/4 of Northeast 1/4
EXC PIO Nort ction 35 Described as: Commencin rthwest Corner
North 11/G South 86 degrees East along North line N1/2 10 . '
CCAtltlED
...
'.
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Da~: June29,2006
Section 7-35 Applications for Earth Work Permits
Q: The name and address of the operator and owner of the land.
A: Operator: Zumbro River Constructors
312 Lake Hazeltine Drive, Suite 100
Chaska, MN, 55318
Ph: 952-368-5600
Cell: 612-685-5289
Owner:
Brad Moe and Harold Hesse
14372 Westridge Drive
Eden Prairie, MN 55347
Q: The correct legal description of the property where the activity is proposed to occur.
A: 1425 Bluff Creek Drive, Chanhassen MN, 55318
Carver County; Township 116 North, Range 23 West, Section 35 (NE Yt, of SW Yt)
All of Lot 1 Block 1, The Hesse Farm 2nd Addition and all that Part of Lot 2, Block 1, The
Hesse Farm 2nd Addition.
Q: A certified abstract listing the names of all landowners owning property within 500 feet of
the boundary of the property described above.
A: City personnel expressed that this is done by the City
Q: Provide the following:
a. Proposed Grading Plan - Answer ; provided herein
b. Proposed Stockpile Sites - Answer; Not Applicable, except for topsoil which will be
replaced in a couple of weeks.
c. The physical relationship of the proposed designated site to the community and existing
development - Answer; See attached 7.5 minute map.
d. Site topography and natural features including location of watercourses and water
bodies - Answer; See grading plan, Secondly, no watercourses or bodies of water are lie
within the area of this grading plan.
e. The description and quantity of material to be excavated - Answer; No excavation is
required, approximately 35,000 cubic yards of material will be placed as fill.
f. The depth of water tables throughout the area. Answer - Water table is more than 15'
below grade.
g. The location and depth of wells and buried garbage, water, and fill. Answer - Not
applicable, there are no wells, buried garbage, water, fill, etc in this area.
ZUMBRO RIVER CONSTRUCTORS
seA-tltlED
,
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Date: June 29, 2006
Q: The purpose of the Operation?
A: The property owners would like to receive some fill materials to fill in a low area adjacent to
their corral and pasture.
Q: The estimated time required to complete the operation
A: Approximately three weeks. ZRC generally moves over 4,000 cubic yards of material per
day by truck alone.
Q: Hours and months of operation
A: Hours of operation are between 7am and 5pm but are flexible. Month of operation will
depend on the approval of the permit, but we are predicting sometime in August, September
or October of 2006.
Q: A tree survey indicating the location and type of all trees over 6 inches in caliper.
A: See attached grading plan.
Q: An end use landscape plan and interim screening plan for the operation period.
A: Not applicable due to the short duration of the activity. Landscaping will be re-established
to the original condition, i.e. a hay field. Seed will be picked by the owner.
Q: The plan of operation, including processing, nature of the processing and equipment,
location of the plant source of water, disposal of water and reuse of water.
A: Not applicable, should not use any water, except for dust control and compaction.
ZUMBRO RIVER CONSTRUCTORS
SCANNED
\
'.
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Da~: June29,2006
Q: Travel routes to and from the site and the number and type of trucks that will be used.
A: Fill will be placed with trucks from the Hwy 212 project coming from Audubon/New 212
Intersection.
This haul will minimize the amount of hauling in the Chanhassen area.
Q: Plans for drainage, erosion control, sedimentation and dust control.
A: Drainage patterns are not being altered. Erosion control will be provided in accordance
with Chanhassen, Bluff Creek Watershed and MnDot standards. In the event the
standards conflict with one another, the more stringent standard will apply. Standard
erosion control measures such as silt fence and rock checks are shown on the plan.
Area will be permanently seeded and mulched within 7 days of completion of the grading.
Applicant will install the erosion control measures per the standard City of Chanhassen
plates attached.
Q: Restoration Plan:
A: Area will be restored to a hayfield per the contours and x-sections shown on the grading
plan.
Q: Provide the contour of the land prior to excavation and proposed contours after completion
of excavation and after completion of restoration.
A: See Grading Plan
Q: Those areas of the site to be used for storage of topsoil and overburden.
A: Topsoil will be stockpiled around the perimeter of the grading area for a short term duration
of approximately one week.
Q: A schedule setting forth the timetable for excavation of land lying with the extraction
facility.
A: Approximately three weeks of a filling operation, no excavation should be necessary.
ZUMBRO RIVER CONSTRUCTORS
SCAtltlED
"
'.
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Date: June 29, 2006
Q: The grade of all slopes after restoration, base upon proposed land uses and description of
the type and quantity of plantings where revegetation is to be conducted.
A: See grading plan and cross sections. Area will be reseeded using a hay mix identified by
the owner.
Q: A statement identifying the applicant's program to insure compliance with the permit
conditions, method of response to complaints and resolving conflicts that may arise as a
result of complaints.
A: The applicant for this project is Zumbro River Constructors whom are responsible for the
construction of the new Hwy 212 project. As part of this project, ZRC has numerous
environmental compliance personnel who can respond to any environmental or permit
issues. Additionally, public complaints will be heard and responded through our public
relations department. The contact person is Paige Andrews, Phone 612-685-3954.
If this person is not available, please contact the Segment Manager for this area who is
Mike MacArthur, Cell 612-685-5289.
Q: Provide the criteria and standards to be used to achieve final restoration as wells as
intermittent stabilization.
A: The area will be re-established to a hay field unless the City of Chanhassen has other
requirements we are not aware of. Due to the short duration of the project, intermittent
stabilization other than the erosion control shown on the grading plan should not be
necessary.
Q: Provide, unless exempt under Minnesota Rules, an environmental assessment worksheet, if
required by the City.
A: To our knowledge this is not required for this application.
Q: Provide a wetland alteration permit, if require by the City Code, which shall be processed
concurrently with the excavation permit application.
A: No wetlands are affected by this application.
ZUMBRO RIVER CONSTRUCTORS
SCANNED
"
I.
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Date: June 29, 2006
ZUMBRO RIVER CONSTRUCTORS
SCANNED
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Planning Case No. Do -eJ-8'
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
PLEASE PRINT
Applicant Name and Address:
:2 .............b--. ~;cJe,. f-......!C+I"I. ,..-I-r.,.,-r
3/;1 J..a..j(p Ur.....n..I-ll,.o illud I 6......~+p. /tX)
C },~ J<4..) ,., N 55.1 III
Contact: M; k... MOoGA,...}.h~r'
Phone: ~/.2- .(R<r..S~9 Fax:9G..:z-.;'~B ..5$110
Email: ___,,~,..J-J.t.I.__ ~ 21J.....~""",..; "RI"' .~.-.....
Owner Name and Address:
J..I "'-,.y'J Id JI p ., s C2.
I II :J. 5 81......f.r ere.. fa 1<"
C~4~k~ ~ ~/8
Contact: 8 M
Phone:9S.2-f.i7- 'Ifj/3 Fax:
Email: A~,^Lle~'I4.kAo, t;D~
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit (CUP)
~ Interim Use Permit (IUP)
Vacation of Right-of-Way/Easements (V AC)
Variance (VAR)
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign - $200
(City to install and remove)
Site Plan Review (SPR)*
Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPRlVACNARIWAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $
x
Subdivision*
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a diaital copy in TIFF-Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
GCAunr;D
PROJECT NAME:
M(J.e. Pil/ ~;--l~ ~ 2-
81 u.-f.l' c."I2.~~ D,..;u(L.
L $e. ~ 7~S h11"JI!. ~..~A)
I .."
,.~ ~^"'~ h~f1 J J ~ Nn~) ~~ Q~ ;1.3 uJe$t;
LOCATION:
LEGAL DESCRIPTION: ~~,... t ,,-,. Ca~ 't1.
6~~~..,ftA. 35 ( N~ ~ err swkt)
2 I a..CL e5
TOTAL ACREAGE:
WETLANDS PRESENT:
YES
NO
PRESENT ZONING:
A2
cho-r..f/ e. A2
" ~ .d ' . I .1-. . , ~...., - .. ~~
II-..e.~, P..--t,p- ._....~ ~
REQUESTED ZONING: ,.. 0
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
1'0
~ ,,~ 1? e...,
REASON FOR REQUEST:
PrntOQ~.. au""","""',,,
I V
-U.,Q., LJ~1L7"
,
UJO u-IJ
Ii I<~
./.a
,-o....;..!. CL
-It...til. c,...... dIL
V
d1A.
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
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.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. 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 have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
?;:t.77e~ ~
Signature of Applicant
~/ ~ci"D
D e
HtJVZabA J.~
Signature of Fee Owner
cd -Zq-o~
Date
G:\pLAN\forms\Development Review Application.DOC
Rev. 12/05
CCAtlflED
PARCEL THAT INCLUDES ADDITIONAL 2 ACRES THAT
~ FARMSTEAD:
All of Lot 1, ~ 1, THE HESSE FARM 2ND AD
Beginning at the most e erly mer of said Lot 2; thence run
southwesterly along e southeas
feet on an assu bearing of South egrees 09 minutes 03 seconds
West; thence orth 45 degrees 18 minutes seconds West for a
distance of 02.45 feet; thence North 300.00 fee ore or less to the most
northerl corner of said Lot 2; thence run southeaster long the
nort asterly line of said Lot 2 to the point of beginning.
21.76 ACRES PARCEL BELOW RAILROAD TRACKS. BOTTOM OF HILL:
CARVER COUNTY TAX PARCEL # 25.0350500
21.76 ACRES in East 1/2 of Northwest 1/4 & in Southwest 1/4 of Northeast 1/4
EXC PIO North 1/2 Section 35 Described as: Commencing at Northwest Corner
North 1/2 thence South 86 degrees East along North line N1/2 1084.33'.
tiCANtlED
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Date: June 29, 2006
Section 7-35 Applications for Earth Work Permits
Q: The name and address of the operator and owner of the land.
A: Operator: Zumbro River Constructors
312 Lake Hazeltine Drive, Suite 100
Chaska, MN, 55318
Ph: 952-368-5600
Cell: 612-685-5289
Owner:
Brad Moe and Harold Hesse
14372 Westridge Drive
Eden Prairie, MN 55347
Q: The correct legal description of the property where the activity is proposed to occur.
A: 21.76 Acres Parcel below Railroad Tracks, Bottom of Hill, Carver County Tax Parcel
#25.050500
21.76 Acres in East Y2 of Northwest 'l4 in Southwest V4 of Northeast 'l4 EXC PIG North V2
Section 35, Described as: Commencing a Northwest Corner North Y2 thence South 86
degrees East along North line N1/2 1084.33
Q: A certified abstract listing the names of all landowners owning property within 500 feet of
the boundary of the property described above.
A: City personnel expressed that this is done by the City
Q: Provide the following:
a. Proposed Grading Plan - Answer ; provided herein
b. Proposed Stockpile Sites - Answer; Not Applicable, except for topsoil which will be
replaced in a couple of weeks.
c. The physical relationship of the proposed designated site to the community and existing
development - Answer; See attached 7.5 minute map.
d. Site topography and natural features including location of watercourses and water
bodies - Answer; See grading plan, Secondly, no watercourses or bodies of water are lie
within the area of this grading plan.
e. The description and quantity of material to be excavated - Answer; No excavation is
required, approximately 90,000 cubic yards of material will be placed as fill.
f. The depth of water tables throughout the area. Answer - Water table is more than 8'
below grade.
g. The location and depth of wells and buried garbage, water, and fill. Answer - Not
applicable, there are no wells, buried garbage, water, fill, etc in this area.
ZUMBRO RIVER CONSTRUCTORS
SCANNED
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Date: June 29, 2006
Q: The purpose of the Operation?
A: The property owners would like to receive some fill materials to fill in a low farmland hay
field.
Q: The estimated time required to complete the operation
A: Approximately five weeks. ZRC generally moves over 4,000 cubic yards of material per day
by truck alone.
Q: Hours and months of operation
A: Hours of operation are between 7am and Spm but are flexible. Month of operation will
depend on the approval of the permit, but we are predicting sometime in August, September
or October of 2006.
Q: A tree survey indicating the location and type of all trees over 6 inches in caliper.
A: See attached grading plan.
Q: An end use landscape plan and interim screening plan for the operation period.
A: Not applicable due to the short duration of the activity. Landscaping will be re-established
to the original condition, i.e. a hay field. Seed will be picked by the owner.
Q: The plan of operation, including processing, nature of the processing and equipment,
location of the plant source of water, disposal of water and reuse of water.
A: Not applicable, should not use any water, except for dust control and compaction.
ZUMBRO RIVER CONSTRUCTORS
SCAmlED
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Date: June 29, 2006
Q: Travel routes to and from the site and the number and type of trucks that will be used.
A: Fill will be placed with trucks from the Hwy 212 project coming from Audubon/New 212
Intersection. Trucks will travel from the Audubon/New 212 Intersection down Bluff Creek
Drive to the fill location.
This haul will minimize the amount of hauling in the Chanhassen area.
Q: Plans for drainage, erosion control, sedimentation and dust control.
A: Drainage patterns are not being altered. Erosion control will be provided in accordance
with Chanhassen, Bluff Creek Watershed and MnDot standards. In the event the
standards conflict with one another, the more stringent standard will apply. Standard
erosion control measures such as silt fence and rock checks are shown on the plan.
Area will be permanently seeded and mulched within 7 days of completion of the grading.
Applicant will install the erosion control measures per the standard City of Chanhassen
plates attached.
Q: Restoration Plan:
A: Area will be restored to a hayfield per the contours and x-sections shown on the grading
plan.
Q: Provide the contour of the land prior to excavation and proposed contours after completion
of excavation and after completion of restoration.
A: See Grading Plan
Q: Those areas of the site to be used for storage of topsoil and overburden.
A: Topsoil will be stockpiled around the perimeter of the grading area for a short term duration
of approximately one week.
Q: A schedule setting forth the timetable for excavation of land lying with the extraction
facility.
A: Approximately five weeks of a filling operation, no excavation should be necessary.
ZUMBRO RIVER CONSTRUCTORS
CCANNED
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Date: June 29, 2006
Q: The grade of all slopes after restoration, base upon proposed land uses and description of
the type and quantity of plantings where revegetation is to be conducted.
A: See grading plan and cross sections. Area will be reseeded using a hay mix identified by
the owner.
Q: A statement identifying the applicant's program to insure compliance with the permit
conditions, method of response to complaints and resolving conflicts that may arise as a
result of complaints.
A: The applicant for this project is Zumbro River Constructors whom are responsible for the
construction of the new Hwy 212 project. As part of this project, ZRC has numerous
environmental compliance personnel who can respond to any environmental or permit
issues. Additionally, public complaints will be heard and responded through our public
relations department. The contact person is Paige Andrews, Phone 612-685-3954.
If this person is not available, please contact the Segment Manager for this area who is
Mike MacArthur, Cell 612-685-5289.
Q: Provide the criteria and standards to be used to achieve final restoration as wells as
intermittent stabilization.
A: The area will be re-established to a hay field unless the City of Chanhassen has other
requirements we are not aware of. Due to the short duration of the project, intermittent
stabilization other than the erosion control shown on the grading plan should not be
necessary .
Q: Provide, unless exempt under Minnesota Rules, an environmental assessment worksheet, if
required by the City.
A: To our knowledge this is not required for this application.
Q: Provide a wetland alteration permit, if require by the City Code, which shall be processed
concurrently with the excavation permit application.
A: No wetlands are affected by this application.
ZUMBRO RIVER CONSTRUCTORS
SCANNED
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Date: June 29, 2006
ZUMBRO RIVER CONSTRUCTORS
SCANNED
f. A. f.. I 1. .!Ul
i' The East ha1 f of the Northeast Quarter of Section 34, Township 116,
Range 23, Carver County, Minnesota.
Also that part of the' Northwest Quarte.r of Section 35, in said .-
Township and Range lying Northerly of the NortherlY ri ght of \1ay
i line of the Chicago and Nnrthwestern Transportation Company and
<-- I ~ lying Westerly of the centerline of Bluff Creek Drive as dedicated
in THE HESSE FARM, according to said plat on file and of record in
the office of the County Recorder in said County.
,
Except all that part of said Northwest Quarter embraced within
HESSE'S BLUFF CREEK, according to said plat on file and of record
in the office of the County Recorder in said county.
Also that part of the Southwest Quarter of the Southwest Quarter
of Section 26, and the Southeast Quarter of the Southeast Quarter
of Section 27, in said Township and Range, which lies Southwesterly
of the centerline of Bluff Creek Drive described as follows: I.J
Commencing at the Southwest corner of said Southwest Quarter of the I;'
South~test Quarter of Section 26; thence South 89 degrees, 26' minutes
47 seconds East on an assurred bearing along the South line of said I
Southwest Quarter of the Southwest Quarter, a distance of 1049.12
feet to the centerline of said Bluff Creek Drive, which is the actual
point of heginning of the centerline to be hereinafter described;
thence North 50 degrees, 15 minutes, 46 seconds West, along said l
centerline a distance of 184.45 feet; thence North 47 degrees, 50
minutes, 10 seconds West, along said centerline a distance of 848.09 I
feet; thence North 43 degrees, 07 minutes, 29 seconds West, along
said centerline, a distance of 501.95 feet; thence Northwesterly, I'
a distance of 190.98 feet along said centerline on a tangential curve
concave to the Southwest having a radius of 605.3R feet and a central
angle of 18 degrees, 04 minutes, 31 seconds, thence North 61 degrees,
12 minutes, 00 seconds ~'est, along said centerline and tangent ,to I
\: the last described curve, a distance of 326.65 feet; thence North-
westerly and Westerly, a distance of lQ6.10 feet along said centerline I'
i\ on a tangential curve concave to the Southwest having a radius: of
406.25 feet and a central angle of 27 degrees, 39 minutes, 27 seconds
and there terminating.
his abstract of title is a history
the reccrd title of the property
scribed therein and does not
present that the title is good
d marketable:"'
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SCANNED
oS'.S-ABSTRACT OF LAND TITLE. (Caption Sheet..)
..a.:SSTB..a.CT OF T:I:TL::EL
, Tothefolw~ingjiealEstate in ~ W~ a CfJunty;Stateof /~~~.
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con'ide:atiOri~.~~~~~:~:::; ;..;:::_:;~.;.... tl
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Date.c.~;./............:.,8.~.(::: "0. _ . -....
Filed.~~.I.?::;:;....:.:'8.6.'?i!.~:l-~ ~
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Consideration $..: .,-;:-;:-.-.-..~.-.-..:.......~. ;...;:.. Ii
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Consider~tion $:':6:~~':7~.n'...~..~....' 'P' '""~
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5calCd/..e4...NO. of ~V~~ne9ses,.+:. ...
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SCANt.IED
Herald Pub. Co.. Cbaska.. Minn.
._-~-~._---------_.----_.,.~----_.__._.._-_._-
ABSTRACT OF TITLE
:CJt ~1
To the foUowint Rea~ Estate in Carver County,Ninnesota
,The West ha.lf of the Nor"hl!:ast quaL;ter (W.J..j'd. of N.l!:.l/~)~ of Section
Thirty-:Five (35), in .Township One Hundred Sixteen (116) North, of Range
"" Twe.Iity' .-. t,hre.e (23) West ,c. ontai..n.iMr. 80. acres. of iand,more or less,excepting
I!....~.. . therefrom the right .of way of t~: Minneapolis & st Louis Railway Co.
~~ . The within abstract revis,ed Oct. 11th, 1947, so as to include
'in caption hereof the East Half of Northwest quarter (El.of NWt) of
I'. Section ',Thirty five (35) Township One Hundred Sixteen (116) Range Twenty
~~._ "three (23) _ ' .' "
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11'.;: . ' RECORDED, '. VL~Vt7of NWt Sec. 35-116-2:' Cont
;'!'i:~ . Book I Page' . 5.9 acres of land.
r;i!I~!I\Tril ',. /K 3 :: L "';...;(1'- through the center of w
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"'-'~','~};%:~E/,. ABSTRACT OF. TITLE
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':':.I'o the followiriff 'Renl Estate in............h~.~.....h..County, State of!::..~. .. ...4........_
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SCANNED
(ThesouthEa.stqual'ter of' the"South East qua' tel', (S.E.l/4 of' S.E.l/4) Ex~
' '1.l/3aares in North East Corner,previously deeded to A Simons by Deed,rea
f1, II Book I of' Deeds page 60. '
r '-'Aiso the East Half' of'the, South West qua.rter of' the South East quarter
': '. (E.l/2 of' S.W.l/4 of S.E.l/4) all inSeation Twenty Beven (27) in Township
lOne, hundred and Sixteen (116) Range Twenty three (23).
Also the North West quarter of the North East quarter (N. W.l/4 of N.E.l/4)
Seation Thirty Four (:34) in Township Onefundred and Sixteen (116) -of Rang
Twenty Three (23). Exaepting therefrom 6 aares desaribed a.s f'ollows: _
Commenaing at a post 36 rods East from the So~thWest Corner of said N.W.~
of' N;E.1./4 of said Seation 34, thenae running West to said S. W.Corner 36 1'0
thenae North 54 rods to a post,thenae Southeasterly to plaae of beginning,
forming a triangle andaontaining 6 aares.
Thewholela.nd abovedesaribed.aontaining Q2.66/100'aares,more or less.
~ Ffrst Paragraph Above shoul(j,f read: '
The South E9-2.LIluar..ter of.tl1e'.South.,Eastquarter' (SE~l 'of SEi) Except
1 ! ,1/3 acres in Horth East Corner, previously deeded to A. Simoris b;
beed, recorded in BOOk I of Deeds pap,-e 60.
Above correction made this 8th ,day of May,
:5UJ '~ 7
0-- ~'II ro.dZ~y-2?J ,
1961.ai4rp.M. , ,
'(!tUJtu~~.,-_ ~-
, CARLI-}.', HANSON
Register of Deeds
Carver County, Minnesota.
, ~
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5.
SCANNED
f%~~~~~~@H-~~~
. .. CARVER COUNTY MINNESOTA .
Q. f:. 1: 1'. ! Q !!..
All that part of the East Half of the Northeast
quarter (E?t of NEt) of Seotion 35, TOwn'ship 116 North of
Range 23 West lying Northerly of the Minneapolis and St..
Louis Railroad -right of way,
Se.~ 3 -]I ~23
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COMPILED BY
O. O. REKOW
Regist~~_ 'of "D!!ed~ ~nd Abstracter
CHASKA, MINNESOTA
. . .'
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SCAtINED
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CARVEH COUNTY, IUNHESOTA
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CAP T I 0 .u
Commencing at the Southwest corner of said
Section 26; thence North along the West line thereof
a distance of 440.71 feet to the point of beginning;
thence North along said West line a distance of
44&.82 feet; thence deflecting to the right at an
angle of 44043' a distance of 48.15 feet to the
center line of Carver Co. Road No. 114; thence
Southeasterly along said center line of road a dis-
tance of 4c5.7 feet; thence deflecting to the right
at an angle of 86015' a distance of 266.07 feet;
thence deflecting to the right at an angle of 52023'
a distance of 151.56 feet to the point of beginning.
Subject to a road right of ,ray thereon. Containing
2 114 acres more or less.
Above situate in theSH~ of the SF~ of Section 26,
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C.ARJ.rER COU!'JTY , }'!INN3S CT fA
CAPTIO N
That part of the South1.rest Quarter of South,"J8st Quarter
(S:I"" of S',";\) of Section 26, Tmmship n6, Range 23, described as
fOUOHS: 3e:;inning at tIle S'il Gorner of said \; \; thence North alcng
the '}est line of said \: 1;; distant 440.71 feet; thence deflecting to
thG ri.~ht 93;< 21' dist1LTJt 151.56 feet; t:lence deflectine; to tl1e ri:;ht
127~~- 37' distant, 205.4 feet; thence deflecting to the left 61~!. 47'
distant 383.0 feet more or less to a point en the South line of said
~:i ~;-: c!istarlt -220.0 fGet Ea.st of sa.id S~'l fjorner; thence '711est alonE; S;:J.il~.
30uth line 220.0 f08t to tne point of besinnin~, containin~ 1.45 acres
more or less.
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Planning Case No. ~ - J-~
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
PLEASE PRINT
Applicant Name and Address:
~c.LiV\1,1"'O p.;u~ ~6+"""" +or~
3/"- Lo..- ~e. U.tL.z...I"'.^,)~ /1,.;.,_) :1~fe./
Ckd-6k~ ~N 5.6i~~
Contact: i J.c. M o.c. '-'.Lr
Phone:6J2.-~$lS...5.2B9 Fax: 95:z.-_?~8-95/~
Email: ....~.t:.6.....lJ........-~.2.II_~~ ,.j U~I '.J\~
Owner Name and ddress:
o I S--t, D 13 14 f f C!. ~ CI '2-1(
C A4A.lyJ..:lJse- M l\l) 55 ~ III
Contact: ~h&. ~ ,; ;o.qe,JIA.~T'Z....
Phone: /,/3.-.169 ..~Il)(JIJIFax:
Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit (CUP)
Vacation of Right-of-Way/Easements 01 AC)
" . Interim Use Permit (IUP)
Variance 01 AR)
Non-conforming Use Permit
Wetland Alteration Permit 0NAP)
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign - $200
(City to install and remove)
Site Plan Review (SPR)*
X Escrow for Filing Fees/Attomey Cost"
- $50 CUP/SPRlVAClVARlWAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $
Subdivision*
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, includh,9 an 8%" X 11"
reduced copy for each plan sheet along with a diqital copy in TIFF-Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shalt be charged for
each application.
CCAtIllED
PROJECT NAME: J<.Ji7~/J,u..~~ PiUfu...rtL b rn.d~::!
LOCATION: Lr:u~itJ^-.. cle..~~""I'l&j-~ D~ a..~t:A.d..e.c1 7.6 h\S"u:le ""'Y
LEGAL DESCRIPTION: ~dt2.,.. ~~tr.; 7;, t.UA.~"';.tj III.. NoM-I-....) /l.tJV~- :2.':/
-z.(o \Jz... .,' Vb A 0'-2 Y tf, .
W~f}~) Sec::I,tJ-"L ~( ..IJ~ "J.I d~YS/)
TOTAL ACREAGE: A f P f'>> ~ 6 # 8 A ~.-e..-'
WETLANDS PRESENT: YES X NO
Az
REQUESTED ZONING: NA ~
PRESENT LAND USE DESIGNATION:~ ~.; "'~ - - - .1- ]?,,_~.. rt ,,~~;a1 k,..J Oe."'-.~
REQUESTED LAND USE DESIGNATION" l2-e~;de/'o"I..iJ Iou-:>' tJp-/\..~;y
REASON FOR REQUEST: :]"oh.^- K1i27e.1 J....u-ir.. uJoc..Jd /; kfl.. dOh'lQ...
.(: II o.......d 10 DlS",;/ CA.... J..;~ "rr:. nb-~ -/0 ~,.,.otrlh.. tJ~ ~t1.-.. ~_
I I F
&f +l-te. Li.+e.e..p 610 .t)D~4 .
I
A /J t1,{)?, 30 _ GOO
v I .
PRESENT ZONING:
Ep~: '&...~'t:d
Cy
v
c-f
F:/lo
This application must be completed in full and be typewritten or dearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application defidendes shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. 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 have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
6/.;Z;YtJ6
I D te
6 /~'06
I D te
G:\plAN\forms\Development Review ApplicationOOC
Rev 12/05
CCAtltlED
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Date: June 29, 2006
Section 7-35 Applications for Earth Work Permits
Q: The name and address of the operator and owner of the land.
A: Operator: Zumbro River Constructors
312 Lake Hazeltine Drive, Suite 100
Chaska, MN, 55318
Ph: 952-368-5600
Cell: 612-685-5289
Owner:
John Klingelhutz
1560 Bluff Creek
Chanhassen MN, 55318
Q: The correct legal description of the property where the activity is proposed to occur.
A: 1560 Bluff Creek Drive, Chanhassen MN, 55318 -Z-1c> lLJ 1,- 0 5'w y,-\ ')
Carver County; Township 116 North, Range 23 West, Section ~
Q: A certified abstract listing the names of all landowners owning property within 500 feet of
the boundary of the property described above.
A: City personnel expressed that this is done by the City
Q: Provide the following:
a. Proposed Grading Plan - Answer ; provided herein
b. Proposed Stockpile Sites - Answer; Not Applicable, material will not be stockpiled.
c. The physical relationship of the proposed designated site to the community and existing
development - Answer; See attached 7.5 minute map.
d. Site topography and natural features induding location of watercourses and water
bodies - Answer; See grading plan, Secondly, no watercourses or bodies of water are lie
within the area of this grading plan.
e. The description and quantity of material to be excavated - Answer; No excavation is
required, approximately 30,000 cubic yards of material will be placed as fill.
f. The depth of water tables throughout the area. Answer - Water table is more than 20'
below grade.
g. The location and depth of wells and buried garbage, water, and fill. Answer - Not
applicable, there are no wells, buried garbage, water, fill, etc in this area.
ZUMBRO RIVER CONSTRUCTORS
!CANNED
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Date: June 29, 2006
Q: The purpose of the Operation?
A: John Klingelhutz would like to receive some fill materials to reduce the steepness of some of
some of his pasture slopes. The area which will receive fill is approximately 6.8 acres in
SIZe.
Q: The estimated time required to complete the operation
A: Approximately one week time. ZRC generally moves over 20,000 cubic yards of material per
day.
Q: Hours and months of operation
A: Hours of operation are between 7am and Spm but are f1exible~ Month of operation will
depend on the approval of the permit, but we are predicting sometime in August, September
or October of 2006.
Q: A tree survey indicating the location and type of all trees over 6 inches' in caliper.
A: See attached grading plan.
Q: An end use landscape plan and interim screening plan for the operation period.
A: Not applicable due to the short duration of the activity. Landscaping will be re-established
to the original condition, i.e. a hay field. Seed will be picked by the owner.
Q: The plan of operation, including processing, nature of the processing and equipment,.
location of the plant source of water) disposal of water and reuse of water.
A: Not applicable, should not use any water, except for dust control and compaction:
Q: Travel routes to and from the site and the number and type of trucks that will be used.
A: Fill will be placed with scrapers which will cross the new Hwy 212 alignment and access
Mr. Klingelhutz's property without going on public roads.
ZUMBRO RIVER CONSTRUCTORS
SCANtlED
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Date: June 29, 2006
Q: Plans for drainage, erosion control, sedimentation and dust control.
A: Drainage pattems are not being altered. Erosion control will be provided in accordance
with Chanhassen, Bluff Creek Watershed and MnDot standards. In the event the
standards conflict with one another, the more stringent standard will apply. Standard
erosion control measures such as silt fence and rock checks are shown on the plan.
Area will be permanently seeded and mulched within 7 days of completion of the grading.
Applicant will install the erosion control measures per the standard City of Chanhassen
plates attached.
Q: Restoration Plan:
A: Area will be restored to a hayfield per the contours and x-sections shown on the grading
plan.
Q: Provide the contour of the land prior to excavation and proposed contours after completion
of excavation and after completion of restoration.
A: See Grading Plan
Q: Those areas of the site to be used for storage of topsoil and overburden.
A: Topsoil will be stockpiled around the perimeter of the grading area for a short term duration
of approximately one week.
Q: A schedule setting forth the timetable for excavation of land lying with the extraction
facility.
A: Approximately one week of a filling operation, no excavation should be necessary.
Q: The grade of all slopes after restoration, base upon proposed land uses and description of
the type and quantity of plantings where revegetation is to be conducted.
A: See grading plan and cross sections. Area will be reseeded using a hay mix identified by
the owner.
ZUMBRO RIVER CONSTRUCTORS
SCAtlNED
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Da~: June29,2006
Q: A statement identifying the applicant's program to insure compliance with the permit
conditions, method of response to complaints and resolving conflicts that may arise as a
result of complaints.
A: The applicant for this project is Zumbro River Constructors whom are responsible for the
construction of the new Hwy 212 project. As part of this project, ZRC has numerous
environmental compliance personnel who can respond to any environmental or permit
issues. Additionally, public complaints will be heard and responded through our public
relations department. The contact person is Paige Andrews, Phone 612-685-3954.
If this person is not available, please contact the Segment Manager for this area who is
Mike MacArthur, Cell 612-685-5289.
Q: Provide the criteria and standards to be used to achieve final restoration as wells as
intermittent stabilization.
A: The area will be re-established to a hay field unless the City of Chanhassen has other
requirements we are not aware of. Due to the short duration of the project, intermittent
stabilization other than the erosion control shown on the grading plan should not be
necessary .
Q: Provide, unless exempt under Minnesota Rules, an environmental assessment worksheet, if
required by the City.
A: To our knowledge this is not required for this application.
Q: Provide a wetland alteration permit, if require by the City Code, which shall be processed
concurrently with the excavation permit application.
A: No wetlands are affected by this application.
ZUMBRO RIVER CONSTRUCTORS
SCANNED
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Date: June 29, 2006
Section 7-35 Applications for Earth Work Permits
Q: The name and address of the operator and owner of the land.
A: Operator: Zumbro River Constructors
312 Lake Hazeltine Drive, Suite 100
Chaska, MN, 55318
Ph: 952-368-5600
Cell: 612-685-5289
Owner:
John Klingelhutz
1560 Bluff Creek
Chanhassen MN, 55318
Q: The correct legal description of the property where the activity is proposed to occur.
A: 1560 Bluff Creek Drive, Chanhassen MN, 55318
Carver County; Township 116 North, Range 23 West, Section 35 (NE V4, of SW V4)
Q: A certified abstract listing the names of all landowners owning property within 500 feet of
the boundary of the property described above.
A: City personnel expressed that this is done by the City
Q: Provide the following:
a. Proposed Grading Plan - Answer ; provided herein
b. Proposed Stockpile Sites - Answer; Not Applicable, material will not be stockpiled.
c. The physical relationship of the proposed designated site to the community and existing
development - Answer; See attached 7.5 minute map.
d. Site topography and natural features including location of watercourses and water
bodies - Answer; See grading plan, Secondly, no watercourses or bodies of water are lie
within the area of this grading plan.
e. The description and quantity of material to be excavated - Answer; No excavation is
required, approximately 30,000 cubic yards of material will be placed as fill.
f. The depth of water tables throughout the area. Answer - Water table is more than 20'
below grade.
g. The location and depth of wells and buried garbage, water, and fill. Answer - Not
applicable, there are no wells, buried garbage, water, fill, etc in this area.
ZUMBRO RIVER CONSTRUCTORS
SCANNED
Chanhassen Grading Permit Q&A
Job No. Klingelhutz Grading Permit Application
Da~: June 29, 2006
Q: The purpose of the Operation?
A: John Klingelhutz would like to receive some fill materials to reduce the steepness of some of
some of his pasture slopes. The area which will receive fill is approximately 6.8 acres in
SIZe.
Q: The estimated time required to complete the operation
A: Approximately one week time. ZRC generally moves over 20,000 cubic yards of material per
day.
Q: Hours and months of operation
A: Hours of operation are between 7am and 5pm but are flexible. Month of operation will
depend on the approval of the permit, but we are predicting sometime in August, September
or October of 2006.
Q: A tree survey indicating the location and type of all trees over 6 inches in caliper.
A: See attached grading plan.
Q: An end -use landscape plan and interim screening plan for the operation period. _
A: Not applicable due to the short duration of the activity. Landscaping will be re-established
to the original condition, i.e. a hay field. Seed will be picked by the owner.
Q: The plan of operation, including processing, nature of the processing and equipment,
location of the plant source of water, disposal of water and reuse of water.
A: Not applicable, should not use any water, except for dust control and compaction.
Q: Travel routes to and from the site and the number and type of trucks that will be used.
A: Fill will be placed with scrapers which will cross the new Hwy 212 alignment and access
Mr. Klingelhutz's property without going on public roads.
ZUMBRO RIVER CONSTRUCTORS
SCANNED
SAMPLE EROSION CONTROL
PLAN FOR INDIVIDUAL LOTS
HAINT AIN A 16 fOOT BUffER BETVEEN
EDGE or VATER AND DISTURBED SOIL
. . SURFAC{ "'ATER DR \iATERljAY.
~
see <leto.ll . ~300
LOT 2
OPTION 1 - CRESCENT SILT fENCE
OVER-LAP AT PROPERTY LINE
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PERIHETER
........ SLT fDC(
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..... SlIlIrICE YATDt
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DRIVE
;-CURB L GUTTER
OVER-LAP SILT fENCE
STOR~1 SEWER INLET
WIMCO DR SIMILAR INLET PROTECTION DETAIL 5302A
SEDIMENT CONTROL
* Perimeter sediment controls are necessary at downsloping property and street
edges. Note that sediment controls need to provide containment by turning
perimeter controls upslope-into property.
* Perimeter controls can include mulch socks, mulch berms and/or silt fence.
EROSION CONTROL
* Topsoil-Site has a minimum of 4-6 inches of topsoil.
* Construction entrance-1.5 to 3-inch clean rock at a depth of 6 inches.
* House Roof Perimeter-Straw mulch at 2 inches deep around house directly below
roof line. If house has rain gutters, downpouts need energy dissipation.
* Slopes-Steeper than 4: 1 need fiber blankets and temporary or permanent
seeding.
* Swales-Need check dams or blankets.
.
CI TY OF
CHANHASSBH
EROSION
CONTROL
REVISED: 1 -06
DATE:
PLATE NO.:
53028
FILE NAME: 393 53028
SCANNED
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CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July
20, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that
on said date she caused to be mailed a copy of the attached notice of Public Hearing for
Zumbro River Constructors Interim Use Permit 06-28 to the persons named on attached
Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and
depositing the envelopes addressed to all such owners in the United States mail with postage
fully prepaid thereon; that the names and addresses of such owners were those appearing as such
by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate
records.
Subscribed and sworn to before me
thi~day of ::Ju..-li ,2006.
~ <
~ ~ -:-T: ~~
Notary ic
, ~.,,"~~' ~ KIM t MEUWISSEN ,
.~. i Notary Pubfic~Mjnnesota
< .~;;. My Commission Expires Jan 31, 2010
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Disclaimer
This map is neither a legally recorded map nor a sUlvey and is not intended to be used as one. This
map is a compilation of records, information and data located in various city, county, state and lederal
offices and other sources regarding the area shown, and is to be used lor reference purposes only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error Iree, and the City does not represent that the GIS Data can be used lor navigational,
tracking or any other purpose requiring exacting measurement 01 distance or direction or precision in
the depiction 01 geographic leatures. II errors or discrepancies are lound please contact 952-227-1107.
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and
the user 01 this map acknowledges that the City shall not be liable lor any damages, and expressly
waives all claims, and agrees to delend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parties which arise out 01 the use~s access or use 01
rtAtA nrnvirlprt
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This
map is a compilation of records, information and data located in vanous city, county, state and lederal
ollices and other sources regarding the area shown, and is to be used lor relerence purposes only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error Iree, and the City does not represent that the GIS Data can be used lor navigational,
tracking or any other purpose requiring exacting measurement 01 distance or direction or precision in
the depiction 01 geographic leatures. II errors or discrepancies are lound please contact 952-227-1107.
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and
the user 01 this map acknowledges that the City shall not be liable lor any damages, and expressly
waives all claims, and agrees to delend, indermify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parties which anse out 01 the use~s access or use 01
rtAtA nmvirl~
ALBERT & KAREN M DORWEILER
1565 BLUFF CREEK DR
CHASKA, MN 55318-9519
BRIAN J & WENDY S JOHNSON
1190 BLUFF CREEK DR
CHASKA, MN 55318-9515
EDWARD N & DORNIA A TIPTON
1291 BLUFF CREEK DR
CHASKA, MN 55318-9515
GREGORY P GRAZZINI &
1251 HESSE FARM CIR
CHASKA, MN 55318-9518
HESSE FARM HOMEOWNERS ASSN
1425 BLUFF CREEK DR
CHASKA, MN 55318-9515
JEFFREY A JONCKOWSKI &
2032 PARKWAY AVE
SHAKOPEE, MN 55379-4330
JOHN R & JILL E MATUSCAK
1501 WEST FARM RD
CHASKA, MN 55318-9528
KEVIN L SMITH &
10440 BLUFF CIR
CHASKA, MN 55318-9534
LOUISE E ZAMJAHN ETAL
7506 77TH ST
CHASKA, MN 55318-9600
MAXWELL F & JULlANE M TISCH
1600 HESSE FARM RD
CHASKA, MN 55318-9507
ANGELINE M SYMANITZ
1505 BLUFF CREEK DR
CHASKA, MN 55318-9519
BLUFF CREEK GOLF ASSOC
1025 CREEKWOOD DR
CHASKA, MN 55318-9647
CRAIG & GINNY VLAANDEREN
1450 WEST FARM RD
CHASKA, MN 55318-9517
DENNIS L & LINDA M SMITH
1251 BLUFF CREEK DR
CHASKA, MN 55318-9515
EMERALD VENTURES LLC
PO BOX 260
CHASKA, MN 55318-0260
EMILY A ANDERSON
10441 BLUFF CIR
CHASKA, MN 55318-9534
HAROLD & MARY HESSE
1425 BLUFF CREEK DR
CHASKA, MN 55318-9515
HENNEPIN CO REG RR AUTHORITY
300 6TH ST S SW STREET LEVEL
MINNEAPOLIS, MN 55487-0999
HOWARD L LAPIDES &
10460 BLUFF CIR
CHASKA, MN 55318-9534
JAMES A & CARLA J STRUBLE
1405 WEST FARM RD
CHASKA, MN 55318-9517
JEFFREY M GOOD &
1231 BLUFF CREEK DR
CHASKA, MN 55318-9515
JOHN KLlNGELHUTZ
350 EAST HWY 212 PO BOX 89
CHASKA, MN 55318-0089
KEITH W & STACY A CARLSON
1301 HESSE FARM RD
CHASKA, MN 55318-9536
KENNETH 0 & JUDY M EIDE
1500 WEST FARM RD
CHASKA, MN 55318-9528
KIRK A MACKENZIE
PO BOX 1759
ANNA MARIA, FL 34216-1759
L RICHARD & KAREN C DEE
1201 HESSE FARM CIR
CHASKA, MN 55318-9518
MAIDA A EGGEN
1161 BLUFF CREEK DR
CHASKA, MN 55318-9515
MARY EDNA BRAUN
1545 BLUFF CREEK DR
CHASKA, MN 55318-9519
MICHAEL & JODI PARADIS
10421 BLUFF CIR
CHASKA, MN 55318-9534
MICHAEL G & KATHY A ARNOLD
1400 HESSE FARM RD
CHASKA, MN 55318-9523
NICHOLAS & FRANKIE EVANOFF
1401 HESSE FARM RD
CHASKA, MN 55318-9524
ROBERT G & JUDY I STEFFES
1350 HESSE FARM RD
CHASKA, MN 55318-9523
STATE OF MINNESOTA - DOT
1500 W CO RD B2
ROSEVILLE, MN 55113-3174
NICHOLAS WARITZ
1271 BLUFF CREEK DR
CHASKA, MN 55318-9515
ROBERT R JR & MARY C FAFINSKI
1520 WEST FARM RD
CHASKA, MN 55318-9528
THOMAS L & SANDRA K CARAVELLI
6423 MERE DR
EDEN PRAIRIE, MN 55346-2311
RICHARD W & KIMBERLY
BLOMBERG
1225 HESSE FARM CIR
CHASKA, MN 55318-9518
RODNEY L RIEHL &
1221 BLUFF CREEK DR
CHASKA, MN 55318-9515
Public Hearing Notification Area (500 feet)
Zumbro River Constructors- Highway 312
Interim Use Permit
Planning Case 06-28