CC Staff Report 11-13-06
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone 952.227.1100
Fax: 952.227.1110
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Natural Resources
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Phone 952.227.1125
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Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO:
Robert Generous, Senior Planner
Alyson Fauske, Assistant City Engineer ~t
6~'
FROM:
DATE:
November 13, 2006
SUBJECT:
Interim Use Permit Application- Zumbro River Constructors
1425 Bluff Creek Drive- Brad Moe and Harold Hesse property
On August 1,2006 City Council tabled action on the Interim Use Permit
Application for 1425 Bluff Creek Drive. Staff has worked with the applicant on
the grading plan and the revised plan now would import 26,664 cubic yards of
borrow material; the original application requested 35,000 cubic yards of fill.
The fill will be placed within a low area south of the barn and north of West Farm
Road, a private street. The property owner would like to level the area for ease of
animal grazing and for property maintenance. The proposed grading plan must
show the existing culvert under West Farm Road, noting the invert elevations at
both ends. Also, the applicant must work with the adjacentproperty owner to
improve the drainage to the culvert.
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.
Trucks would enter and exit the private drive not West Farm Road. The proposed
access must be clearly shown on the plans. 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.
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.
Staff recommends limiting the hauling hours to 8:00 a.m. to 3:00 p.m. Monday
through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays, with no work allowed on
holidays. These hours would restrict hauling during rush hour traffic. The
applicant can proceed with on-site grading operations during regular construction
hours, which are 7 am to 6 pm Monday through Friday and 9 am to 5 pm on
Saturdays, with no work allowed on holidays.
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving tlusinesses, winding trails, and beautiful parks. A great place to live, work, and play
Robert Generous
November 13, 2006
Page 2 of 3
The applicant has indicated that the grading operation does not have a proposed start and finish
date; rather fill would be hauled to the site intermittently as it becomes available from the ZRC
projects within the area. Staff recommends that the grading operations be completed within 10
weeks of commencement and must be completed no later than October 31, 2007. All exposed
soil areas shall have temporary erosion protection or pennanent cover year round, according to
the following table of slopes and time frames:
Type of Slope Time*
Steeper than 3: 1 7 days
10: 1 to 3: 1 14 days
Flatter than 10: 1 21 days
*Maximum time an area can remain open when the area is not actively being worked.
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If technically feasible, slope stabilization during the winter months shall consist of spreading
compost over the exposed area. Bluff Creek Drive must be scraped and swept each day that
hauling occurs.
The plan must be revised to show the Bluff Creek Drive right of way; no grading may take place
within the right of way.
Recommended Action: Staff recommends approval of the Interim Use Permit for 1425 Bluff
Creek Drive, staff recommends that the recommendation include the following conditions:
1. The proposed grading plan must show the existing culvert under West Farm Road, noting
the invert elevations at both ends. The applicant must work with the adjacent property
owner to improve the drainage to the culvert.
2. The access for site grading must be clearly shown on the plan.
3. 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.
4. "Truck Hauling" signs posted at each end of Bluff Creek Drive.
5. Flag-persons must be on-site during trucking operations on Bluff Creek Drive.
6. Hauling hours of operation shall be 8:00 a.m. to 3:00 p.m. Monday through Friday and
9:00 a.m. to 5:00 p.m. on Saturdays, with no work allowed on holidays.
7. The applicant may perform on-site grading operations between 7 am and 6 pm Monday
through Friday and 9 am to 5 pm on Saturday, with no work allowed on holidays.
8. The grading operations must be completed within 10 weeks of commencement.
9. The grading operations must be completed no later than October 31,2007.
Robert Generous
November 13, 2006
Page 3 of 3
10. 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 Time*
Steeper than 3: 1 7 days
10:1 to 3:1 14 days
Flatter than 10: 1 21 days
*Maximum time an area can remain open when the area is not actively being worked.
11. If technically feasible, slope stabilization during the winter months shall consist of
spreading compost over the exposed area.
12. Bluff Creek Drive must be scraped and swept each day that hauling occurs.
13. The plans must show the Bluff Creek Drive right of way.
14. The applicant can not grade within the Bluff Creek Drive right of way.
15. Erosion control and site stabilization shall be consistent with Zumbro River Constructor's
Storm Water Pollution Prevention Plan for the Highway 212/312 project, as stated in the
Grading IUP application.
c: Brad Moe, 1425 Bluff Creek Drive
G:\ENG\IUPs\ZRC ll-13-06.DOC
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
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 1425 Bluff Creek Drive. The Planning Commission conducted a public
hearing on the proposed interim use, which was preceded by published and mailed notice, and
heard testimony from all interested persons wishing to speak. The Planning Commission
recommended to the City Council denial of the interim use permit for the site.
The City Council of the City of Chanhassen held a hearing on August 28, 2006 and tabled the
item to permit the applicant to address storm water runoff and prepare a revised grading plan for
the site. The Chanhassen City Council now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate District, A2.
2. The property is guided by the Land Use Plan for Residential- Large Lot.
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.
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.
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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.
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DECISION
The City Council approves the interim use permit for Site 1 (Moe/Hesse).
ADOPTED by the Chanhassen City Council this 13th day of November, 2006.
CHANHASSEN City Council
BY:
Its Mayor
g:\plan\2006 planning cases\06-28 zumbro ri ver constructors 3l2\CC findings of fact.doc
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