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CC Staff ReportPage 1 of 19 Application: Subdivision, Site Plan, Wetland Alteration Permit, and Vacation (PC #2023-16) Planning Commission Review Date: July 18, 2023 City Council Review Date: August 14, 2023 SUMMARY OF REQUEST: The applicant is requesting a Subdivision replating two outlots, a Vacation of easements and right-of-way, a Wetland Alteration Permit, a Site Plan review of two office/industrial buildings with a total size of 394,247 square feet, and variances. LOCATION: Located at the SW corner of Arboretum Blvd and Audubon Blvd. Outlot A, McGlynn Park and Outlot A, McGlynn Park 2nd Addition; PID 254520020 and 254480020 (Subject Property) OWNER: Mesenbrink Construction & Engineering, Inc. 7765 165th Street East Prior Lake MN 55372 Applicant: Edward Farr Architects Inc. CURRENT ZONING: Industrial Office Park, IOP 2040 LAND USE PLAN: Office Industrial (O/I) ACREAGE: 29.52 acres DENSITY: 0.32 FAR PROPOSED MOTION: The Chanhassen Planning Commission recommends approval of the Subdivision, Site Plan, and the Wetland Alteration Permit request for the construction of Audubon Business Park subject to the conditions of approval and adopts the attached Findings of Facts and Recommendation.” 229 Page 2 of 19 LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a Preliminary Plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the city must approve the preliminary plat. This is a quasi-judicial decision. The city’s discretion in approving or denying a Site Plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the city must then approve the site plan. This is a quasi-judicial decision. The city’s discretion in approving or denying a Wetland Alteration Permit is limited to whether the proposal meets the standards outlined in the Zoning Ordinance. If it meets these standards, the city must approve the wetland alteration permit. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. APPLICABLE REGULATIONS Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article XII, “IOP” Industrial Office Park District Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office- Institutional Developments Chapter 20, Article XXVI, Signs Chapter 20, Article XXIX, Highway Corridor District ZONING OVERVIEW Zoning Designation The property is zoned Industrial Office Park District, IOP. Environmental Protection Districts Bluff Creek Corridor - This is not encumbered by the Bluff Creek Overlay District. Bluff Protection - The proposed project is located outside of the required bluff setback. Floodplain Overlay - The proposed project is located outside of the floodplain. Shoreland Management - The property is outside of the Shoreland Protection District. Wetland Protection - There are no wetlands on the site. 230 Page 3 of 19 SUBDIVISION REVIEW The applicant is replatting two outlots into two developable lots. In conjunction with the plat, they will be vacating a portion of the existing McGlynn Drive right-of-way. EASEMENTS The proposed development is at PINs 254520020 & 254480020 which were platted in 1988 McGlynn Park) and 1995 (McGlynn Park 2nd Addition), respectively. At that time typical public drainage and utility easements (DUE) along the property lines were recorded. With the proposed development these public DUEs must be vacated concurrently with the recording of the final plat and newly platted DUE in accordance with City Ordinance provided. Additionally, public water mains will extend into the site as discussed later under “Utilities” of this report. A 20-foot easement centered over the public mains shall be provided in accordance with Sec. 18-76 of City Ordinance; the developer’s preliminary and final plat generally indicate these easements will be provided. The developer is proposing to dedicate public right-of-way (ROW) along Coulter Boulevard to meet the requirements of City Ordinance. Coulter Boulevard is a collector road and is required under Sec 18-57(b) to have an 80-foot-wide ROW. The applicant is providing adequate width associated with Coulter Boulevard abutting the south side of the proposed development by dedicating an additional 10 feet, as well as vacating a public road easement (Doc. No. 212079 231 Page 4 of 19 with Carver County) and platting the required ROW. A platted ROW is preferred over easements as they are more specific and provide more protection for their public use in perpetuity. Furthermore, the developer is proposing to dedicate ROW over the newly located McGlynn Road cul-de-sac which appears to generally be in conformance with the City’s Standards and Specifications and Detail Plates (#5205). Lastly, the developer shall provide an updated title commitment prior to the recording of the final plat, Development Contract, and Site Plan Agreement and provide any recorded encumbrances on the property identified on the title commitment. GRADING & DRAINAGE The existing Audubon Business Park site is mostly undeveloped in the current condition with McGlynn Road stubbed into the middle of the site. Runoff from the site sheet flows in all directions of the site but primarily it drains to the northwest towards an existing wetland. There are several existing wetlands and one watercourse located throughout the site. The site does not receive any offsite drainage as it is surrounded on the north, east and south sides by existing roadways which handle their own drainage and the area along the west property line sits lower than the site. Plans submitted by the applicant dated June 16, 2023, were reviewed showing improvements on the property including two large industrial buildings with parking lots along with utility including water, sanitary and storm sewer infrastructure to support the development. In the proposed condition drainage from the proposed parking lots and buildings is directed to one of five proposed infiltration basins for treatment and rate control management. The infiltration basins outlet towards either existing wetlands in the north and northwest, into existing storm sewer along McGlynn Road or into existing storm sewer along Courtier Boulevard. Four wetlands and the watercourse are shown with impacts as part of the plan. Wetlands along the northern boundary and in the northwest corner are preserved. All onsite storm sewer and stormwater Best Management Practices (BMPs) on the Audubon Business Park site will be privately owned and maintained. WETLANDS The proposed plans show six (6) wetlands onsite that were delineated by Jacobson Environmental PLLC on October 10, 2022. The delineation was approved by the City of Chanhassen in its role as the local governing unit (LGU) that is responsible for administering the Wetland Conservation Act (WCA). The Technical Evaluation Panel (TEP) made up of representatives from the city, Watershed District, MN Department of Natural Resources (DNR), Board of Water and Soil Resources (BWSR), and Carver County Soil and Water Conservation District (SWCD) are all part of the WCA process in reviewing wetland applications including types and boundaries. The Wetland types and sizes on site were determined to be: Wetland 1 - 0.16 acre shallow marsh Wetland 2 – 0.22 acre wet meadow Wetland 3 – 0.21 acre wet meadow 232 Page 5 of 19 Wetland 4 – 0.17 acre shallow marsh/shrub swamp Wetland 5 – 0.10 acre shrub swamp Wetland 6 – 0.02 acre shrub swamp Wetland three (3) was determined to be an incidental wetland that was created from earth moving activities associated with an old farmhouse on the property. As such wetland three (3) is not governed by the Wetland Conservation Act (WCA). The proposed plan would fill wetlands three (3), four (4), five (5), and six (6). Wetlands one (1) and two (2) would be preserved and buffers would be established around them as outlined in City Ordinance Article VI, Chapter 20. The report included a Minnesota Routine Assessment Method MNRAM) assessments to determine the size of the wetland buffer and associated setbacks. Wetlands one (1) and two (2) were classified as medium value wetlands (manage type 2) with a minimum buffer width requirement of 20 feet and a 30 feet principle structure setback from wetland buffer. The proposed plans include the required native buffers and meet the setback requirements. The grading and filling over the wetlands would facilitate the construction of the buildings, stormwater treatment BMPs, and parking lots associated with the development. The WCA and City Ordinance was created to protect wetlands because of their value as a water resource and their numerous benefits to the surrounding area (water quality, flood mitigation, wildlife habitat, etc.). The main principles of the WCA are to avoid wetland impacts, then minimize impacts, and finally replace filled wetlands where wetland altering activities could not be avoided. The 233 Page 6 of 19 process of filling wetlands and showing the avoidance and minimization are defined in State Statue 8420 and submitted to the TEP and Army Corps of Engineers (ACOE) as a Joint Permit Sequencing Application. The ACOE reviews applications separate of the TEP and LGU. The applicant must secure permits for the wetland impacts from both the LGU and ACOE. The applicant submitted a Sequencing Application on March 18, 2023 which was found to be incomplete. An application was submitted by the applicant on April 12, 2023 which was determined to be complete. The sequencing application outlines why the applicant needs the specific design, alternative designs reviewed, actions to minimize wetland impacts, and a property search analysis to show the other parcels considered as an alternative site location. The application and review are a rigorous process. The complete application was determined to be deficient with regards to demonstrating the need for the project and the quality of the alternatives provided. Several meetings and additional Sequencing Applications were submitted to the TEP for review during the Months of April through July to answer the TEP’s questions. On July 12th a memo was provided by the applicant that addressed all the TEP’s concerns about the sequencing application. The additional information was needed to determine if the project met the intent of the WCA with regards to project need and wetland avoidance and minimization. During the review process, the applicant was able to demonstrate to the TEP that the building layout needed by the project could not be reconfigured on the parcel to further reduce wetland impacts. The TEP formally approved the wetland sequencing application on July 25, 2023. The filled wetlands will be offset by the purchase of 0.066 acres of wetland banking credits from Banks 175 and 176 located in Scott County and 0.5328 acres of wetland banking credits from Bank 1689 located in Sibley County. The wetland sequencing for this activity required a 2:1 purchase ratio. Impacting wetlands in Chanhassen requires a wetland alteration permit as defined in Article VI, Chapter 20 of City Ordinance which must be approved by City Council. The intent of this section of code was to give the city additional control of wetland impacting activities within the city of Chanhassen and ensure that the WCA was followed by all activities that could impact wetlands. The sequencing application provided by the applicant is consistent with the WCA and City Ordinance and has shown how the project avoided and minimized wetland impacts to the maximum extent practicable. The wetland credits purchased are not within city limits, but the TEP would not approve wetland mitigation onsite – wetland banks are generally preferred to onsite mitigation because of the proven success of the wetland banking program. The construction plans dated June 16, 2023 show wetland buffers and setbacks that are consistent with Article VI, Chapter 20 of City Ordinance - Wetland Protection and appear to meet watershed buffer requirements. The proposed plans show areas where the native wetland buffer is disturbed and filled. A vegetation management plan will be required to reestablish and maintain the proper buffer vegetation to protect the remaining wetland area. EROSION CONTROL The proposed development will impact over one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). The applicant has prepared and submitted a Surface Water Pollution Prevention Plan (SWPPP) to the city for review. The SWPPP is a required submittal element for final site plan review along with the Erosion and Sediment Control Plan 234 Page 7 of 19 ESCP) in accordance with Section 19-145 of City Ordinance. No earth-disturbing activities may occur until an approved SWPPP is developed and approved. This SWPPP shall be a standalone document consistent with the NPDES Construction Permit and shall contain all required elements of the permit. The SWPPP will need to be updated as the plans are finalized when the contractor and their sub-contractors are identified, and as other conditions change. All erosion control shall be installed and inspected prior to initiation of site grading activities. STORM WATER MANAGEMENT Article VII, Chapter 19 of City Code describes the required stormwater management development standards. Section 19-141 states that “these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions, and water management features.” These standards include abstraction of runoff and water quality treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total phosphorous (TP). The proposed project is located within the Riley Purgatory Bluff Creek Watershed District (RPBCWD) and is therefore subject to the watershed’s rules and regulations. A Stormwater Management Report dated June 16, 2023 was submitted by the applicant to the city. Comments provided by the RPBCWD must be addressed and a permit from RPBCWD is required prior to construction. The site is within RPBCWD and is required to meet all applicable watershed rules which includes volume abstraction of 1.1 inches of runoff from all new or fully reconstructed impervious areas. Soil borings and results from infiltration testing were provided for all five proposed basin locations. Soil borings indicated clay soils were present through the majority of the site although the infiltration testing indicated some infiltration onsite may still be feasible, with infiltration rates ranging from 0.06 – 1.8 inches per hour. The applicant is proposing designs utilizing infiltration rates between 0.06-0.2 inches per hour. Additional investigation and information are needed to determine the viability of infiltration onsite. For example, while groundwater was not found at any of the soil boring locations, mottled soils were identified in the proposed basin locations at varying depths. Mottled soils can indicate seasonally saturated conditions in the soils, and proposed infiltration basins will need to be designed to maintain a minimum of three feet separation between the bottom of the basin and saturated soils. The site proposes 18.5 acres of new and reconstructed impervious area requiring 73,672 cubic feet of volume abstraction. Based on the current design 76,887 cubic feet of volume abstraction is proposed however confirmation that the separation requirements are being met for all proposed infiltration basins is needed before volume abstraction requirements can be confirmed to be met. P8 modeling was provided and reviewed to confirm that the site is providing the required 90% TSS and 60% TP removal requirements. The site is currently shown to meet the required water quality treatment targets through the proposed infiltration basins however confirmation of the basins meeting the required vertical separation is needed in order to confirm the site is properly modeled in P8. The Stormwater Management Report and supporting Hydrologic and Hydraulic HydroCAD models were reviewed. The HydroCAD modeling shows the site is meeting rate control to each of the discharge points for the 2-, 10-, and 100-year storm events. The applicant shall provide final versions of all modeling (HydroCAD and P8) and an updated SWMP report to address 235 Page 8 of 19 remaining comments and confirm rate, volume and water quality requirements are met as part of the final plat approval. As outlined in the City’s Surface Water Management Plan adopted in December 2018, the city requires at least 3 feet of freeboard between a building elevation and adjacent ponding features. Based on the HydroCAD modeling results all proposed buildings are meeting freeboard requirements with respect to the proposed BMPs. The proposed BMPs are to be privately owned and therefore will require an Operations and Maintenance (O&M) Agreement and associated plan. The plan shall identify the maintenance schedule, responsible party, and should include information on how the system will be maintained. The proposed BMPs are located outside of drainage and utility easements. STORMWATER UTILITY CONNECTION CHARGES City Ordinance sets out the fees associated with surface water management when subdividing properties. Water quality and water quantity fees are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense the development type, the greater the degradation of surface water. The fees will be applied to the new lots of record being created. It is assessed at the rate in effect at that time; the 2023 rate for industrial is $23,820.00 per acre of developable land: SURFACE WATER DEVELOPMENT FEE AREA PER ACRE FEE ACRES FEE GROSS AREA $9,180 2.205 20,241.90 OUTLOT A $9,180 0.548 5,030.64) NET AREA 1.657 $ 15,211.26 As such, the net SWMP fee due at the time of final plat (in 2023) is estimated to be $666,957.62. SANITARY AND WATER UTILITIES The site has access to public sanitary sewer and water mains abutting the property within Coulter Boulevard’s and McGlynn Road’s rights-of-way. The applicant is proposing to extend sanitary sewer from the previously installed stub from McGlynn Road and extend water mains from the previously installed stubs from Coulter Boulevard and McGlynn Road. The proposed water main and sanitary sewer main extensions shall be owned and maintained by the city after acceptance of the public improvements by the City Council. As such, the installation of these public utilities will be required to be constructed in conformance with the latest edition of the City of Chanhassen’s Standard Specifications and Detail Plates. Based on the plans provided the public water mains will be looped internally to provide better serviceability and water quality to the site. There is an extension to the north of “Building A” 236 Page 9 of 19 that will not be looped as its extension is only to provide adequate fire suppression (hydrants) to that portion of the building. All hydrant locations must be verified by the Fire Department. In order to access and maintain the newly installed public utilities adequate public drainage and utilities must be recorded prior to or concurrently with the final plat. Minimum easements are 20 feet wide from the center of the utility alignment in typical construction applications, however, easements can vary in width depending on the depth and size of infrastructure proposed. As currently proposed with the construction plans and final plat, adequate easements have been provided. The applicant will be required to supply profile drawings of all the public utilities being extended on-site, this includes the sanitary sewer main, for staff to review and approve all required easements. There is approximately 250 linear feet of public water main that are proposed to be constructed on substantial fill (>3 feet), and a total of approximately 450 linear feet of public water main on fill throughout the site. When utilities are constructed over fill, there are concerns that inadequate compaction and/or materials could be used which can lead to the fill settling over time which can cause the water main to shift or break. It does not appear that the geotechnical report provided with the application materials addresses this concern. The developer shall update the geotechnical report to incorporate recommendations and requirements when constructing utilities over fill areas. Construction plans must incorporate these recommendations, and a geotechnical engineer must be on-site to observe that the construction is in conformance with the incorporated recommendations. Final civil construction plans will be subject to review and approval by staff prior to recording the final plat. Fees Based on the proposal the following fees would be collected according to rates in effect for 2023 with the Development Contract: a) Administration Fee: If the improvement costs are less than $500,000, 3% of the improvement costs. If the improvement costs are between $500,000 and $1,000,000, 2% of the improvement costs. b) Surface water management fee: $23,820/acre. c) Park dedication fee: $12,500/acre. d) GIS fees: $100 for the plat plus $30 per parcel. LANDSCAPING AND TREE PRESERVATION The applicant for the Audubon Business Park did submit tree preservation calculations. They are as follows: Total inches (significant trees) 2,550” Total inches removed (significant trees) 2,322” Total inches preserved (significant trees) 228” The applicant’s inventory seemed accurate (most trees sampled were one to two inches larger than the diameter recorded in the inventory), based on several sample areas checked in the field. 237 Page 10 of 19 The site is not fully wooded and has been farmed for many years, based on aerial images going back to the 1930s. Trees that have been on the site have been historically located around several buildings that were located near where the current McGlynn Rd is located. No trees on the site are older than 35 years (except maybe a couple individuals in the NW wetland area). PARKS & RECREATION The quality and number of recreational facilities in a community directly contribute to its quality of life. For this reason, the City of Chanhassen places a strong emphasis on parks and open space. As the City of Chanhassen has developed and increased in population and businesses, more pressure and attention has been given to providing recreational opportunities for our residents, visitors, employees, and businesses. Increased leisure time, health awareness, greater mobility, and high disposable incomes have all contributed to the increased demand for recreational activities. The challenge of the next century will be to provide facilities for a growing and diverse population. The development is within a half mile of Chanhassen Recreation Center and 1,727 feet of Lake Ann Park. The site connects directly to trails on Audubon Road and Coulter Boulevard. Park and Trail Conditions of Approval Park fees for the new building sites in effect at the time of final plat approval shall be paid prior to recording the plat. The park fees for 2023 are $12,500.00 per acre for commercial/industrial land. The developer shall pay $349,987.50 when subdivided in 2023. (27.999 acres x $12,500 = 349,987.50) SITE PLAN REVIEW The developer is requesting site plan approval for two office industrial buildings of 229,688 and 164,559 square feet that would be used as an office-manufacturing-warehouse. 238 Page 11 of 19 The Industrial Office Park District outlines specific setbacks for development A summary of the applicable setbacks and design standards is provided below: ACCESS The Audubon Business Park development is proposed at PINs 254520020 & 254480020 which are located at the NWC of Audubon Road & Coulter Boulevard with additional access to the properties at the cul-de-sac of McGlynn Road. Two accesses are being proposed via Coulter Boulevard, a city collector road, and three accesses are being proposed from McGlynn Road, a local city road. Two of the three accesses from McGlynn Road will provide ingress/egress to the truck loading areas and truck/trailer parking, while the remaining accesses to the site will provide ingress/egress to the 482 parking stalls surrounding the north and south lots. A Traffic Analysis produced by Vernon Swing, PE with SSTS was provided which evaluated existing traffic operations and potential traffic impacts to the adjacent roadway network based on the proposed use for the anticipated 2024 build. The report concluded that traffic operations will continue to operate under acceptable levels of service for the adjacent road network. Trip generation calculations provided indicate that additional traffic generation would produce 268 and 291 trips during the a.m. and p.m. peak hours, respectively, and a weekday ADT of 1,870. These trip generation values were calculated based on the Institute of Transportation Engineers’ Trip Generation Manual, 11th Edition (ITE) by utilizing the ITE’s Land Use Code of “Manufacturing” for the entire site’s building areas (approximately 393,600 square feet). The developer in their narrative provided information that there will be office and potentially other Land Use codes associated with the development. The developer will be required to update the trip generation estimates in accordance with the anticipated Land Use Codes. If the development is estimated to generate either 250 or more peak-hour vehicle trips or 2,500 or more new daily trips after this update, the Traffic Analysis will be required to be updated to incorporate a future year analysis of 2040 and the impacts on the level of service and operations of the surrounding network. The final traffic analysis will be subject to review and approval by staff prior to recording the final plat. 239 Page 12 of 19 The development’s proposal includes the taking of a segment of McGlynn Road by relocating the cul-de-sac approximately 300 feet to the east. As McGlynn Road will not be required to be extended in the future and the proposed construction plans illustrate adequate access to the proposed development as well as maintaining the neighboring existing site’s accesses, staff is in support of the updated configuration to McGlynn Road. This will require that McGlynn Road’s existing right-of-way be vacated, and the resolution be recorded concurrently with the final plat. Further discussion on vacations, right-of-way, and easements is discussed under the “Easements” section of this report. Compliance Table IOP/HC Project Building Height 4 stories 1 story 50 feet 43 feet three inches (south elevation) Building A Setback N – 75/150 E - 30' N - 143' E - 219' W - 10' S - 30' W - 173' S – 170’ Building B Setback N - 30' E - 30' N - 125' E - 264' * W - 10' S – 50/100’ W -250' S – 96’ Wetland Buffer 30 feet 40 feet Parking Stalls 485 stalls 428 stalls with 54 proof of parking Parking Setback N - 75' E - 25' N - 83' E - 135' W - 10' S -25' W -192' S - 20' Hard Surface Coverage 70% 32% Lot Area 43,560 sq. ft. 946,994 sq. ft. (21.74 ac.) North Elevation (Facing Highway 5) 240 Page 13 of 19 West Elevation Building A Building B East Elevation (Facing Audubon Road) South Elevation (Facing Coulter Boulevard) 241 Page 14 of 19 Southeast Elevation Interior Elevations (Truck Bays) Size portion and Placement The proposed structures will be constructed parallel to Highway 5 and Coulter Boulevard. Material and Color The primary building material is textured exposed aggregate) light and dark gray concrete panels, which are located on all sides of the building. Additionally, metallic copper metal are proposed to provide banding on the structure. Building A, north building, will be primarily light precast. Building B, south building, will be primarily dark precast. Prefinished metal coping will be provided at the top of each building with the color matching the building material color. Window framing is clear anodized aluminum with gray, low-E reflective glass. 242 Page 15 of 19 Architectural Interest The Applicant is proposing pre-cast tilt-up panel buildings. The building walls would include two colors to provide variation, large windows around the entrances to provide further articulation of the wall faces and reveals in the concrete panels throughout the building. Clerestory windows are provided above the truck docks and on the ends of the building. The proposed structure would have parapet walls over each of the entrances as well as evenly spaced along the north and south elevations. The proposed parapets and building height will aid in screening of rooftop mechanical equipment. Articulation is provided at entrances, building columns, and window openings. Roof Design The flat roof is articulated by the use of varying parapet heights. Rooftop mechanical equipment shall be screened. Façade Transparency The proposed development uses significant window areas, especially around building entrances. Additional architectural features include two different parapet heights and three color tones on the wall faces on public-facing sides of the structure. Site Furnishing The developer is providing a patio area and seating at the end of each building. Sidewalks from each building will connect to the city’s trail system on Audubon Road and Coulter Boulevard. Loading and Refuse Areas The facility will utilize an interior (truck yard) trash enclosure in the middle of the property. Lighting Submitted plans show that the applicant is proposing lighting on the building and parking lot. Monopole lights for the parking area. The plans note that poles and wall mounts will be 30 feet above grade. The wallpack lighting must be shielded with a total cutoff angle equal to or less than 90 degrees. Signage Submitted plans show both wall signage as well as a ground monument sign. Wall Signage – one wall business sign is permitted on the street frontage for each business occupant within a building. Ground signage - ground signs may be no closer than 10 feet to any property line and be no larger than 80 square feet of sign display area. The maximum height of the monument structure 243 Page 16 of 19 is eight feet. The applicant shows a monument sign at the corner of Audubon Road and Highway 5. Ground lighting may not spill skyward. Separate sign permits are required for each business sign. Signage shall comply with the Office Industrial sign regulations. Directional signage must be located outside public right of way. Landscaping The development is proposing buffer areas along the north, south, east, and west property lines. The applicant does not meet bufferyard requirements along the north property line, as they are not counting the entire length that need to be buffered along Hwy 5. Staff recommends that the applicant finalize the buffer calculations to see if the proposed landscaping quantities meet minimum requirements. The applicant will need to provide adequate screening of the northwestern corner of the property as there are no proposed plantings for this area to further screen the northwestern corner of the property from Hwy 5. The applicant will need to provide calculations for the minimum requirements for landscaping for the parking lots to see if they meet the requirements for landscape area and parking lot trees. The landscape plan meets tree diversity requirements. The planting schedule reflects that no one species will comprise more than 10% of total trees to be planted, no genus will have more than 20% of total trees and no one tree family will have more than 30% of total trees. CONDITIONS OF APPROVAL SITE PLAN Required Planning Department Comments/Corrections to Plan Set: 1. Separate sign permits are required for each business sign. Signage shall comply with the Office Industrial sign regulations. 2. Directional signage must be located outside public right of way. 3. Site lighting must comply with city ordinance. Building Department Notes: 1. A building permit must be obtained before beginning any construction. 2. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 4. The building is required to have automatic fire extinguishing systems. 5. Structure proximity to property lines (and other buildings) will have an impact on the code requirements for the proposed buildings, including but not limited to; allowable size, protected openings, and fire-resistive construction. These requirements will be addressed when complete building and site plans are submitted. 244 Page 17 of 19 6. Building plans must include a code analysis that contains the following information: Key Plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers, Separated or non-separated, Fire resistive elements (Ext walls, Bearing walls - exterior or interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel distance), Minimum plumbing fixture count. 7. Retaining walls (if present) more than four feet high, measured from the bottom of the footing to the top of the wall, must be designed by a professional engineer and a building permit must be obtained prior to construction. Retaining walls (if present) under four feet in height require a zoning permit. 8. If any soil corrections are done on the property a final grading plan and soil report must be submitted to the Inspections Division before permits will be issued. Fire Department Notes: 1. Building will require a fire suppression system and fire panel to monitor the system. 2. Additional hydrants may be required after final review of utility plans. 3. If building stays under 30 feet, no additional fire apparatus entrance required. 4. Fire apparatus turnaround required, looks to be provided by N/E portion of parking lot but cannot confirm spacing until more detailed plans provided. Natural Resources 1. The applicant shall revise the landscape plan to increase quantities to meet minimum ordinance requirements for bufferyard plantings and vehicle use areas (including parking). 2. The applicant shall increase the number of trees in areas where there is a need for further screening (NW corner of property). 3. The applicant shall increase the number of plantings along the western parking lot of Building A (L2.0), so it is similar to the proposed plantings along the western parking area for building B (L2.3). 4. The applicant shall include tree protection fencing in plans in red for sheet C37, to match C35, C36 & C38. 5. Plantings of tree overstory species shall be at least 25 feet from the overhead utility lines along the N side of the property, along on Hwy 5 (see L2.0 & L2.1). 6. Plans will need to be amended to show that any boulevard trees are proposed to be removed (see the SW entrance to the site on C37). 7. When within 20 feet of the dripline of a tree to be saved, silt fences shall be replaced by mulch socks, so no roots of trees to be preserved are cut from the installation of a typical silt fence skirt. Note that silt fences are not to be used as tree protection fencing. 8. Replace white spruce trees that are N of the SW pond and S of a building with Norway spruce or other evergreen that will be large enough to screen building. The proposed variety (Black Hills, densata) is quite a bit shorter at maturity than the recommendation. Water Resources 1. The developer and their Engineer shall work with city staff in amending the construction plans, dated June 16, 2023 prepared by Rehder & Associates, Inc., to fully satisfy construction plan comments and concerns. Final construction plans will be subject to review and approval by staff prior to recording of the final plat. 245 Page 18 of 19 2. An approved permit from RPBCWD will be required prior to the commencement of construction activities. 3. The applicant shall confirm the feasibility of infiltration onsite given the mottled soils shown in several of the soil boring logs and the location of the proposed basins. If basin locations are modified, updated soil borings and infiltration testing shall be provided to confirm viability of new basin locations. 4. The applicant shall update the models (HydroCAD and P8) per city and any watershed district comments and submit updated computations and models in their native forms with the final plat submittal and final construction plans. 5. The applicant shall enter into an Operations and Maintenance Agreement for any proposed privately owned stormwater facilities which shall be recorded concurrently with the final plat. SUBDIVISION Engineering 1. The developer and their Engineer shall work with city staff in updating the Traffic Analysis, dated April 14, 2023 prepared by Vernon Swing, PE with SSTS, to fully satisfy comments and concerns by staff. The final Traffic Analysis will be subject to review and approval by staff prior to recording of the final plat. 2. All public drainage and utility easements and rights-of-way within the development shall be vacated concurrently with the recording of the final plat. 3. The developer shall supply public drainage and utility easements over all public utilities within the development prior to recording the final plat. 4. The developer shall dedicate right-of-way in accordance with Sec. 18-57(b) for Coulter Boulevard and in accordance with the City’s Specification and Detail Plates (Plate 5205) for McGlynn Road. 5. The developer shall provide an updated title commitment prior to the recording of the final plat, Development Contract, and Site Plan Agreement and provide any recorded encumbrances on the property identified on the title commitment. 6. All newly constructed water and sanitary mains shall be public, owned and maintained by the city after acceptance of the public improvements by the City Council. 7. All sanitary sewer and water main improvements on the site will be constructed in accordance with the latest edition of the City of Chanhassen’s Standard Specifications and Detail Plates. 8. The developer shall update the geotechnical report to incorporate recommendations and requirements when constructing public utilities, as well as their construction over fill areas. A geotechnical engineer shall be on-site to observe that the construction is in conformance with the incorporated recommendations. 9. The developer shall enter into a Development Contract and pay all applicable fees and securities prior to recording of final plat. 10. The developer shall enter into a site plan agreement with the City and provide necessary financial security to guarantee compliance with the terms of site plan approval. 11. The developer and their Engineer shall work with City staff in amending the construction plans, dated June 16, 2023 prepared by Rehder & Associates, Inc., to fully satisfy 246 Page 19 of 19 construction plan comments and concerns. Final construction plans will be subject to review and approval by staff prior to recording of the final plat. 12. It is the developer’s responsibility to ensure that permits are received from all other agencies with jurisdiction over the project (i.e. Carver County, RPBCWD, Board of Water and Soil Resources, MnDOT, US Army Corps of Engineers, etc.) prior to the commencement of construction activities. Parks and Recreation 1. Park fees for the new building sites in effect at the time of final plat approval shall be paid prior to recording the plat. WETLAND ALTERATION PERMIT 1. The applicant shall provide a copy of the signed Army Corps of Engineers Permit prior to the commencement of construction activities. 2. The applicant shall comply with all requirements of the approved WCA sequencing application and provide proof of purchased credits prior to the commencement of construction activities. 3. The applicant shall work with staff to create an approved plan for reestablishing the wetland buffer that will be disturbed prior to recording of the site plan agreement. ATTACHMENTS Findings of Fact and Recommendation Development Review Application Project Narrative Civil Plans Zoning (Architectural) Plans Affidavit of Mailing 247 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Mesenbrink Construction & Engineering, Inc. and Edward Farr Architects Inc. for Subdivision approval to create two lots, Site Plan review for two office-industrial buildings of 22g,688 square feet and 164,559 square feet, respectively, and a Wetland Alteration Permit to fill wetlands on site for the construction of Audubon Business Park subject to the conditions of approval On July 18,2023,the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Mesenbrink Construction & Engineering, Inc. and Edward Farr Architects, Inc. for Audubon Business Park. The Planning Commission conducted a public hearing on the proposed development preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1 The property is currently zoned Office Industrial Park, IOP, and Highway Corridor District, HC. 2. The property is guided in the Land Use Plan for office Industrial use. 3. The legal description of the property is Outlot A, McGlynn Park and Outlot A, McGlynn Park 2nd Addition; PID 254520020 and 254480020. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; I 248 c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control, and all other improvements required by Chapter 18 of the Chanhassen City Code; e. The proposed subdivision will not cause significant environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: l) Lack of adequate storm water drainage. 2) Lack ofadequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. 5. Site Plan: a) Is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b) Is consistent with the requirements of Chapter 20, Article II, Division 6, Site Plan; c) Preserves the site in keeping with the general appearance of the neighboring developed or developing areas; d) Creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; e) Creates a functional and harmonious design for structures and site features, with special attention to the following: I ) An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; 2) The amount and location of open space and landscaping; 3) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior 2 249 drives and access points, general interior circulation, separation of pedestrian and vehicular traffrc and arrangement and amount of parking. 0 Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 6. Wetland Alteration a. Will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. 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 ofthat area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. 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 olexcessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 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' k. Will not depreciate surrounding property values' l. Will meet standards prescribed for certain uses as provided in the zoning ordinance. J 250 7. The planning report #2023-16, dated July 18,2023, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that City Council approve the Preliminary Plat, Site Plan, and the Wetland Alteration Permit request for the construction of Audubon Business Park subject to the conditions of approval. ADOPTED by the Chanhassen Planning Commission this 18th day of Jdy 2023 CHANHASSEN PLANNING COMMIS SION By Its: 4 251 252 253 1 Project Narrative Audubon Business Park 1650 McGlynn Road (Bldg A) & 1700 Coulter Blvd. (Bldg B) Prepared By: Edward Farr Architects and Rehder & Assoc. June 16, 2023 For Application of: Site Plan Review, Subdivision (Prelim & Final Plat), Vacation of Easements, Variance, and Wetland Alteration Permit Project overview Mesenbrink Construction & Engineering, Inc. is pleased to propose the Audubon Business Park, a Class A industrial campus consisting of two Office / Warehouse buildings totaling approx. 394,400 sq. ft. on approximately 29.52 acres of undeveloped land located southwest of the intersection of Hwy 5 / Arboretum Blvd and Audubon Road. The site is already zoned properly as IOP – Industrial Office Park and is guided Office Industrial in the 2040 Comprehensive Guide Plan. The site is also in the HC-2 overlay Highway Corridor District along Hwy 5. The property is within the Riley Purgatory Bluff Creek Watershed District. It is our intention to start construction this summer of 2023. Basic Site and Building Data Parcel Land Area Bldg Area Bldg Height Parking Bldg A – Lot 1 Blk 1 16.38 ac 229,688 sq. ft. 40 ft.* 229 + 52 POP Bldg B – Lot 2 Blk 1 11.96 ac 164,559 sq. ft. 40 ft.* 204 Development Subtotal 28.34 ac 394,247 sq. ft. 433 (485 w/ POP) ROW dedications 1.18 ac Total Land Area 29.52 ac Heights shown are for front and end elevations, typical wall height. Taller parapet features extend up to 42 ft. The rear loading dock side is 4 ft higher for recessed docks. Platting The 30 acre property is being subdivided into two net developable lots totaling approximately 28 acres, plus dedication of street right-of-way for Coulter Blvd, and the taking of the west half of McGlynn Road. Both new development parcels will remain under current ownership. Private easements will be created to document shared use agreements between the lots for vehicular access, signage, lighting, maintenance, and utilities; plus, drainage & utility easements are provided for stormwater and utility purposes. Site Context The property is in the northwest quadrant formed by the intersection of 35W and 85th Avenue NE / Co. Rd J. The site is bordered by single family R-1 housing to the west; L-1 light industrial to the north; 35W and B-2 community commercial to the east. 85th Avenue NE defines the property’s southern border, as well as the City border and Anoka County border. On the southern side of 85th Avenue NE is L-1 light industrial. There are no permanent structures on the site. 254 2 Screening to Residential Properties Adequate landscape buffering from the Andrew Court residential townhouses is in place already. Those homes are approximately 1,000 ft southwest from our development; and do not appear to have a sightline through the dense tree line buffer along Coulter Blvd. Impervious Coverage / Greenspace Areas We comply with the minimum 30% pervious greenspace coverage and 70% maximum impervious. Wetlands There are 6 delineated wetlands on the site. The development will remove 4 of the 6 wetlands on the site with one of the wetlands being an incidental wetland and thus the purchase wetland banking credits will only be required for 3 of the 4 wetlands. Landscaping Landscaping across the site consists of a variety of deciduous, coniferous, ornamental trees, and native prairie groundcover strategically designed to provide screening, minimize irrigation needs, minimizing the heat island effect with shading of bituminous pavements, and create a unified aesthetic across the development. Site Setbacks / Variance Requests Our building and parking setbacks meet or exceed the minimum zoning requirements for the IOP district. However, the Arboretum Blvd Highway Corridor district HC-2 requires a 150 ft maximum setback as well. Due to the necessary setback from the wetland along Arboretum Blvd, we can only achieve the 150 ft max. building setback at the east end of Bldg A, then the setback increases further west along our north façade, resulting in an average building setback of 155 feet. Technically this requires a variance as part of our approvals. The parking setbacks are met except for the south parking lot along Coulter Blvd. Parking is allowed within the setback, but we must provide 100% screening to a height of 5’ where the parking lot is within the setback. Lastly, we are requesting a variance from the 15’ minimum wetland buffer accessory structure setback from Wetland 2. Due to the constraints of meeting the 150’ building setback, there is a proposed retaining wall that falls within this setback. Utilities Utility stubs for sanitary sewer and watermain are available to both lots from McGlynn Drive; refer to Civil Utility drawings. A water main loop is proposed through the site to avoid dead-ended water service for hydrants and the services. A fire pump to boost pressure will be provided inside for each building’s ESFR sprinkler system, if the available city water pressure is deemed insufficient (flow tests will be confirmed). Stormwater runoff will be collected from roof drains and parking lot inlets and routed through infiltration basins before leaving the site, all in accordance with the local watershed district regulations. Electrical and natural gas utilities are readily available as well. Vehicular Traffic and Parking Calculations The projected occupancies for both Buildings A and B are 80% warehouse, 10% office and 10% manufacturing. Parking calculations are published on the Site Plans. The lead tenant for Building A Federal Package) does not require all of those stalls, so we are providing Proof of Parking (POP) on that site for future use if needed. In the meantime, the POP pavement area will be used for truck trailer parking instead. Further, in the unlikely event that a building requires more parking due to increases in office or manufacturing areas while warehouse areas decrease, we can easily add more car parking in the truck dock area since the warehouse dock doors would not all be used. These ‘flex office / warehouse’ buildings offer good flexibility for parking. 255 3 A traffic engineering consultant, SSTS LLC, was hired to analyze traffic impacts to the local road system at key intersections. Their April 14, 2023 report is filed as part of our submittal. The traffic engineer’s summary concluded that the road system will have adequate capacity to serve this new development, with minimal vehicle back-ups. Pedestrian Circulation Sidewalk connections will be provided between the existing city sidewalk system and our building sidewalks at tenant entrances. Architectural Design and Building Materials The buildings will be constructed with high quality, commercial grade, low-maintenance materials; and are designed in a contemporary style with variations in color, plane, parapet height and window treatment which offer visual interest to the public way. The two buildings have ‘reversed’ colors for further variety and individual identity. Facade materials will include exposed natural stone aggregate architectural precast concrete wall panels and energy efficient aluminum & glass windows. The building includes multiple tenant office entrances articulated with recessed doors protected with an architectural accent canopy and additional wall panel detailing to provide visual interest. More glass is used at key corner entrance features. Refer to the ‘Materials Legend’ on the exterior elevations sheets for a full breakdown of finish materials and glazing percentages on each elevation. Both buildings will have a 32 foot ‘clear height’ inside, resulting in an exterior building height of 40 feet measured from floor grade up to the top of wall. Accent parapet wall features along the façade bump up to 42 feet tall. Along the back dock walls of all buildings, the grade is lowered 4 feet for truck berths, so the wall height at the docks is 4 ft higher than the heights mentioned above. The building height includes a parapet wall that serves to screen rooftop HVAC equipment from ground-level views. Refer to our Site Sections for this screening graphic. Pertaining to building codes and fire codes, the buildings will be constructed to Type II-B standards, non-combustible, and protected with an ESFR sprinkler system. We anticipate tenants having high-piled and racked storage of materials classified as commodity Types I – IV. With those commodity contents, no smoke and heat vents are required, nor smoke draft curtains; however fire access doors will be provided every 125 ft around the perimeter per MN Fire Code requirements. Site Signage One campus monument sign is requested, located near the intersection of Arboretum Blvd and Audubon Rd. Directional signage at each driveway entrance is requested, to guide vehicles toward parking or loading zones. We may also add stop signs at driveway exits, but those are not shown on the plan. All ground signs will have standardized color, size and materials for consistency; however, our designs are conceptual only at this point. Wall mounted tenant name signs are shown on the buildings; those locations will be finalized / determined later. The Owner or Tenant will submit final sign drawings for approval when applying for signage permits. Site Lighting Site lighting fixtures will use energy efficient LED lamps in architectural fixture housings with sharp cutoff, down-cast light distribution features to contain lighting within our property. A combination of pole-mounted fixtures around the perimeter plus wall-mounted lighting at the loading dock areas are needed to provide adequate site illumination. Tenant entrances will have LED down-lighting to provide proper exit illumination at the entry doors. Other exit doors will have small LED egress lights to meet code. Refer to our proposed Lighting Plan. 256 4 Trash & Recycling Storage Trash and recycling material will be placed into fully enclosed weather-proof collection containers. The containers will be stored within 4-sided, open air Trash Enclosures that provide 100% opacity of the containers stored inside. Materials for the enclosures will be of the same materials as the building. Each tenant will contract for their own trash and recycling service, as is consistent with this building type. End of Narrative 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281