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CC Minutes 5-29-07 City Council Meeting - May 29,2007 approve the annual report for the Mayor's signature and submittal to the Minnesota Pollution Control Agency. With that I'd be happy to take any questions. Mayor Furlong: Thank you. Any questions for Ms. Haak? Councilman Litsey: Just a real nice list of accomplishments. Shows the value of what we're doing and your position, very much appreciate what you're doing here so thanks. Mayor Furlong: Thank you. At this point then I would open up the public hearing and invite any interested parties to come forward and address the council on this matter. Seeing none, without objection then we will close the public hearing and bring it back to council for discussion and consideration of the motion. Any discussion on the motion or proposed motion? If not, is there a motion that the Chanhassen City Council authorize the Mayor to sign the City's NPDES Phase II 2006 Annual Report as attached? Councilman Litsey: So moved. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Any discussion on the motion? Councilman Litsey moved, Councilwoman Ernst seconded that the Chanhassen City Council authorizes the Mayor to sign the City's NPDES Phase II 2006 Annual Report as attached. All voted in favor and the motion carried unanimously with a vote of 4 to O. ARBORETUM BUSINESS PARK 7TH ADDITION/MAMAC SYSTEMS. LOCATED ON THE NORTHEAST CORNER OF CENTURY BOULEVARD AND WEST 82ND STREET: APPLICANTS. CHASKA GA TEW A Y PARTNERS. LLP AND S. ASIM GUL: REQUEST FOR SUBDIVISION APPROVAL FOR TWO LOTS AND ONE OUTLOT. CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK CORRIDOR. AND SITE PLAN APPROVAL FORA 51.800 SQUARE FOOT OFFICE/ WAREHOUSE BUILDING WITH VARIANCES. Public Present: Name Address Joe Smith Todd Mohagen Philip Geib S. Asim Gul 1654 Elm Circle, Minnetonka 1000 Twelve Oaks Court Drive 2116 2nd Avenue So., Minneapolis 855 Partanwood, Orono Kate Aanenson: Thank you Mayor and members of the City Council. This item appeared before the Planning Commission at a public hearing on May 15th. There was no comments on the 12 City Council Meeting - May 29,2007 project itself and the Planning Commission did recommend approval of the project. There's actually four items for your consideration tonight. One being the subdivision. The second being a conditional use for development within the Bluff Creek corridor. A site plan review and a variance to the window requirement on plan to the north. The subject site located in an industrial park, Arboretum Business Park. There's one lot that... preserve. This lot will be split into 2 lots. The storm water pond which was previously put in place with the original subdivision itself, is existing and there's a wetland on the lot to the north. This is the middle lot of the subdivision so part of the project is... The project itself will be 51,000 square foot office manufacturing building. . . and there will be a future development on the 16,000 as a second phase. .. With this we get the completion of a loop trail continuation around what will be a very nice trail along that park, which will be a nice amenity not only for the people in that park but the residential on the other side. A very nice continuation... The architecture of the building... there is a buffer on the Bluff Creek overlay district that kind of separates the traffic coming off of Century Boulevard between the truck traffic and the resident car traffic. So this drive right in here, we've asked them to remove that. . . narrow that where the cars have to get out of the primary zone itself. The buffer of the primary zone. They're not in the primary zone. It's the buffer, so there is a noticed variance for that. And there is the conditions on, or the mitigation for the variance and the rationale with the Findings of Fact. .. as part of the mitigation again for that encroachment into the buffer. . . requirements for the landscaping itself. So with that, the conditions of approval are listed on page 16... staff report. We are recommending approval and the Findings of Fact are attached in the staff report and I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. Councilman Litsey: I just had a question about the variance being asked for. Is it a foregone conclusion that they're going to need that or is that just kind of a safeguard? Kate Aanenson: It's a safeguard. We're working to see if we can pull that driveway up. It's a little bit wider than it needs to be. That's not for the truck traffic so we believe that can be met and... Councilman Litsey: Okay. So the goal is to preserve that if you can? Kate Aanenson: Correct. Councilman Litsey: Will they have to come back to this body if they do? Kate Aanenson: Well we noticed it with a variance. . . encroachment into that buffer zone and that.. . Councilman Litsey: It sounds like you're on top of it but I'd just ask that you do everything you can to preserve that. Kate Aanenson: Yep, absolutely. 13 City Council Meeting - May 29,2007 Councilman Litsey: ... utilize that variance but if there's just going to be a small encroachment then I don't have a problem with that. Thank you. Mayor Furlong: Are the conditions in tonight's report allow us to do that if we grant the, pass the variance and there are a couple there I think. There's one for the windows too but. Kate Aanenson: Correct. Mayor Furlong: But on that one, can you put that back up please Nann? Is it just the part that Bluff Creek, the variance within the setback, is that correct? Kate Aanenson: Yes. Mayor Furlong: Are we going into the primary zone? Kate Aanenson: No. Mayor Furlong: So this is a secondary zone or the setback from the primary? Kate Aanenson: The setback from the primary zone. Mayor Furlong: Okay. So is it just that row of parking there that. Kate Aanenson: Right in here, correct. Mayor Furlong: Okay. So if what we approve tonight, will that still give you the authority to be able to move that in if you can and work with them? Kate Aanenson: Yes. Mayor Furlong: Okay. Alright. Kate Aanenson: And then the other one was for the windows. There is a significant change in grade and the reason it was granted for the fenestration look which we talked about in the amendment, because of the change in topography, they can't get that big of a, a very big window in there and so the fact, they could put a window in there but there's, the change in the grade makes it impossible. So the Planning Commission felt like that the hardship. . . the slope and the topography was the rationale... Mayor Furlong: How does the percentage here compare with the buildings in the rest of the area? What's the amount of windows in the percent of total? They're requesting an 18% variance so that tells me there's 32% of window coverage? Is that the way it works coming off of 50%? Kate Aanenson: Yes. 14 City Council Meeting - May 29,2007 Mayor Furlong: I'm on page 11 of your staff report. Top paragraph. Kate Aanenson: Right, and again this is a different standard that the other buildings in that park were held to. Mayor Furlong: And what I'm guessing is this is a more stringent standard, is that correct? Kate Aanenson: That's correct. Correct. Mayor Furlong: Offhand, do you know what the other amount? The 32%, is that still going to exceed what most, what the other buildings have in that area? Kate Aanenson: Yeah. At least be comparable to what's out there. Mayor Furlong: Comparable or more, okay. Kate Aanenson: And again that was some of the rationale for the Planning Commission and that's basically again, the project.. . limits the ability to put those windows in so they've got, so the hardship was not self created... And just to go back to that point about the fenestration, the Planning Commission. . . talking about how they wanted to interpret that so you have not seen that amendment yet. It's not part of the Chapter 20 coming before us tonight because the Planning Commission's still working on that issue. Mayor Furlong: That's good because that was something we talked about at the... Kate Aanenson: Yeah, they want some additional information so that code amendment has not been forwarded to you. Mayor Furlong: Very good. Any other questions for staff? Okay, then the applicant's here this evening. Is there anything you'd like to share with the council this evening? No? Okay. Any questions for the applicant from council? No? Okay. Public hearing occurred at the Planning Commission. I don't know if there's any desire for any comment by members of the public. Any comments? Okay. Bring it back to council for discussion then. Any thoughts or discussion? If not, is there a motion? Councilman Peterson: Have we got 3 motions? Mayor Furlong: 3 or 4? Councilman Peterson: I'd move that the City Council approves subdivision for two lots and one outlot, Arboretum Business Park, conditions, subject to plans by Schoell & Madsen, April 16th, subject to conditions 1 through 23. Mayor Furlong: You want to take them all as one? Can we do them all as one? Councilman Peterson: If I can page down there fast. 15 City Council Meeting - May 29,2007 Roger Knutson: Just to make it clear, that's preliminary and final plat I believe. Councilman Peterson: That's correct. Also would recommend that the City Council approve the Conditional Use Permit subject to conditions 1 and 2. And also recommend that the council approve the site plan for the 51,800 square foot building with the variance permit as indicated subject to the following conditions 1 through 25, and subject to Findings of Fact as submitted by staff. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approve the preliminary plat and Resolution #2007-34: for final plat of the Subdivision for two lots and one outlot (Arboretum Business Park 7th Addition), plans prepared by Schoell & Madson, Inc., dated April 16, 2007, subject to the following conditions: 1. Submit 1:200 scale plan of proposed lots (required for addressing purposes). 2. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xce1 Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. 3. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 4. The developer shall be responsible for planning, engineering, and constructing the "wetland trail." Connection points for this new trail shall be the terminus of the Trotters Ridge trail, the intersection of Century Boulevard and West 82nd Street, and the intersection of Century Boulevard and Water Tower Place. Bid documents, including plans and specifications, shall be approved by the Park & Recreation Director and City Engineer prior to soliciting bids. Project bidding shall occur in a competitive environment with a minimum of three bids being received. The results of the bidding process shall be reviewed with the Park & Recreation Director and City Engineer prior to award. Cash payment for trail construction shall be made from the City of Chanhassen to Steiner Development upon completion, inspection, and acceptance of the trail. 5. Trail easements within Lots 1 and 2 and Outlot A, Arboretum Business Park ih Addition (formerly Outlot C, Arboretum Business Park) shall be dedicated to the City to accommodate the "wetland trail". 6. The developer shall pay trail fees in the amount of $10, 190.00 prior to the recording of the final plat. 16 City Council Meeting - May 29,2007 7. The developer must prepare plans depicting an agreed-upon trail alignment and details for a required bridge crossing and typical construction cross section for a 10-foot wide trail prior to recording the final plat. 8. A wetland buffer with a minimum width of 16.5 feet shall be maintained around all Ag/Urban 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 the wetland buffer edge. The wetland buffer setback shall be shown on the plans. 9. All structures shall be set back at least 40 feet from the Bluff Creek primary zone. The first 20 feet of the setback from the primary zone cannot be disturbed. The plans shall be revised to show the primary zone boundary, the 40-foot setback from the primary zone and the 20- foot buffer area adjacent to the primary zone. If alteration is proposed within the 20-foot buffer area adjacent to the primary zone, a variance will be required. 10. Signage for the Bluff Creek Overlay District should be posted at least every 300 feet along the primary zone boundary. 11. The general notes on erosion and sediment controls are incomplete. A new SWPPP shall be developed by the engineer for the site. The SWPPP shall be in place prior to applying for the NPDES permit. Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site. The SWPPP shall include all details, sequencing of the project and seeding and mulching specifications. 12. Temporary and permanent erosion control plans and details shall be included in the plans. Temporary erosion control may consist of type 1 mulch, as well as temporary and permanent seed mixes. 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 1 0: 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. 13. Inlet controls are needed for all inlets throughout the project and shall be installed within 24 hours of inlet installation prior to casting. Filter fabric held down by steel plates with 12" of %-inch rock over each cover may be used. Once casting of inlets takes place, inlet controls 17 City Council Meeting - May 29,2007 shall be installed within 24 hours. Inlet protection shall be maintained on a regular basis. The plans and SWPPP shall be revised to include standard details for all inlet protection devices. 14. Manholes with two-foot sumps shall be installed as the last road-accessible structures prior to discharge into the stormwater pond. 15. Chanhassen Type 2, Heavy Duty silt fence shall be installed around all wetlands and stormwater ponds; Chanhassen Type 1 silt fence shall be used around the remaining areas. All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property shall to have J-Hooks installed every 50 feet. 16. The existing stormwater pond and areas downstream of the pond shall be protected from sediment produced by the construction site. For example, if turbid water is found in the stormwater pond, a plug could be placed in the flared-end section (FES) of the outlet structure so sediment does not go off-site. Once settling of the sediment occurs, the water could be slowly released. 17. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. Provisions for street cleaning shall be included in the SWPPP. 18. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing and proposed storm water infrastructure. 19. The total SWMP fee, due payable to the City at the time of final plat recording, is $102,838. 20. The developer may dedicate Outlot A, Arboretum Business Park ih Addition to the City. 21. The developer's engineer must submit hydrology calculations that verify that the site design is consistent with the preliminary plat assumptions, and that the pond meets NPDES requirements for this site. 22. When a site plan for Lot 2 is submitted for approval, the applicant must submit calculations verifying that the proposed design meets the pond design assumptions and meets other agency requirements (e.g. NPDES Phase 2 permit). 23. Upon approval of the site plan for Lot 2, the applicant must post an escrow for the street repair required for the utility service extension." All voted in favor and the motion carried unanimously with a vote of 4 to o. Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approve the Conditional Use Permit, subject to the following conditions: 1. All structures shall be set back at least 40 feet from the primary zone. The first 20 feet of the setback from the primary zone cannot be disturbed. The plans shall be revised to show the 18 City Council Meeting - May 29,2007 primary zone boundary, the 40-foot setback from the primary zone and the 20-foot buffer area adjacent to the primary zone. If alteration is proposed within the 20-foot buffer area adjacent to the primary zone, a variance will be required. 2. Signage for the Bluff Creek Overlay District should be posted at least every 300 feet along the primary zone boundary." All voted in favor and the motion carried unanimously with a vote of 4 to O. Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approve the Site Plan for a 51,800 square-foot office/warehouse building (Mamac Systems) with a variance to permit only 32 percent building transparency on the western building elevation and with a 20-foot setback variance for the drive aisle in the southeast corner of the site for development within the Bluff Creek Corridor on Lot 1, Block 1, Arboretum Business Park 7th Addition, plans prepared by Clark Engineering Corporation and Mohagan Hansen Architectural Group, dated April 13, 2007, subject to the following conditions: 1. The developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The future building expansion shall continue the same architectural detailing and window treatment as the initial 35,000 square-foot building. 3. The developer shall extend a sidewalk from the building to the trail on Century Boulevard and include pedestrian ramps at all curbs. The monument sign shall be relocated to the north side of the driveway access; and a sidewalk installed on the south side of the driveway access. 4. The developer shall incorporate a gathering space in the eastern portion of the site including benches and/or tables overlooking the natural areas to the east. 5. The developer shall submit a plan for the restoration of areas adjacent to the Bluff Creek Corridor with species consistent with the City's Bluff Creek Watershed Natural Resources Management Plan. 6. The parking lot drive aisles on the eastern and southeastern side of the building shall be reduced to 26 feet. 7. The building is required to have an automatic fire extinguishing system. 8. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 9. Four (4) accessible parking spaces must be provided. 19 City Council Meeting - May 29,2007 10. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-BluffCreek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. 11. Increase plantings for parking lot trees and buffer yard areas in order to meet ordinance requirements. 12. The applicant shall extend the sod line only 15 feet from the edge of the parking lot on the east and south sides. The remaining area shall be seeded with a native seed mix approved by the City. If necessary, erosion control materials will be required on the seeded areas. 13. Contact Chanhassen Fire Marshal for exact location of fire hydrants to be installed. 14. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xce1 Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. 15. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 16. The general notes on erosion and sediment controls are incomplete. A new SWPPP shall be developed by the engineer for the site. The SWPPP shall be in place prior to applying for the NPDES permit. Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site. The SWPPP shall include all details, sequencing of the project and seeding and mulching specifications. 17. Temporary and permanent erosion control plans and details shall be included in the plans. Temporary erosion control may consist of type 1 mulch, as well as temporary and permanent seed mixes. 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 1 0: 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. 18. Inlet controls are needed for all inlets throughout the project and shall be installed within 24 hours of inlet installation prior to casting. Filter fabric held down by steel plates with 12" of %-inch rock over each cover may be used. Once casting of inlets takes place, inlet controls shall be installed within 24 hours. Inlet protection shall be maintained on a regular basis. 20 City Council Meeting - May 29,2007 The plans and SWPPP shall be revised to include standard details for all inlet protection devices. 19. Manholes with two-foot sumps shall be installed as the last road-accessible structures prior to discharge into the stormwater pond. 20. Chanhassen Type 2, Heavy Duty silt fence shall be installed around all wetlands and stormwater ponds; Chanhassen Type 1 silt fence shall be used around the remaining areas. All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property shall to have J-Hooks installed every 50 feet. 21. The existing stormwater pond and areas downstream of the pond shall be protected from sediment produced by the construction site. For example, if turbid water is found in the stormwater pond, a plug could be placed in the flared-end section (FES) of the outlet structure so sediment does not go off-site. Once settling of the sediment occurs, the water could be slowly released. 22. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. Provisions for street cleaning shall be included in the SWPPP. 23. The private storm sewer should be realigned so that it will not lie within the footprint for the future expansion. 24. The site developer for Lot 1 must remove the curb and gutter at the approved access locations and construct a concrete apron per City Detail Plate 5207. 25. The site developer must replace the catch basin casting at the northern access with a surmountable casting." All voted in favor and the motion carried unanimously with a vote of 4 to O. OUTSET. INC.. LOCATED AT 2460 GALPIN COURT. APPLICANT: EDEN TRACE CORPORATION: REQUEST FOR SITE PLAN APPROVAL FOR A 48.000 SQUARE FOOT OFFICE/W AREHOUSE BUILDING WITH VARIANCES. Public Present: Name Address Tom & JoEllen Radermacher Dan Luna Brian Houwman 2479 Bridle Creek Trail 2483 Bridle Creek Trail New Brighton Kate Aanenson: Thank you Mayor, members of the council. This item too was held on May 15th for a public hearing. The Planning Commission did vote 6-0 for approval of this project and there were no issues raised at the meeting, although we did receive a letter from one of the 21