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CC Minutes 5-29-07City 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 0. OUTSET, INC., LOCATED AT 2460 GALPIN COURT, APPLICANT: EDEN TRACE CORPORATION: REQUEST FOR SITE PLAN APPROVAL FOR A 48,000 SQUARE FOOT OFFICE/WAREHOUSE BUILDING WITH VARIANCES. Public Present: Name Address Tom & JoEllen Radermacher 2479 Bridle Creek Trail Dan Luna 2483 Bridle Creek Trail Brian Houwman New Brighton Kate Aanenson: Thank you Mayor, members of the council. This item too was held on May th 15 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 City Council Meeting - May 29, 2007 residents and Bob Generous in presenting his report to the Planning Commission went through the letter…specifically one of the main concerns was lighting…landscaping. Again this site is part of the business park. Located off of Galpin Boulevard. You've approved other projects in this park, most recently the…which would be a 48,000 square foot office/warehouse and there was a variance with it for the logo in the building front. As I mentioned the site itself it's pretty close to what was originally approved and it shows different elevations on the project itself. As you recall on the neighboring lot…outlot preserving the trees. As staff we recommended… shows the preserved area just to the west. There was some questions regarding tree removal in that area. There is a retaining wall along this side so it builds up into…so some of those, a minimal amount of trees will be removed just along the edge. There will also be a wing wall that provides a buffer. This roof itself is 12 feet high…200 feet past the wetland…minimal perspective as far as the visual impact on that building itself… On the project itself, if we can show this. This is proof of parking. It's not, we didn't put it in right away. If additional parking is needed, they have provided that…where we try to preserve, create more green space. If it's deemed that we need to put additional parking in, it is shown…but based on how the applicant sees… The building itself, the architecture…with the logo on it, that was a request that the Planning Commission did support. Having the logo. The landscaping exceeds, significantly exceeds the requirement on the site itself. ...as I mentioned earlier, there is a retaining wall… so again there is a variance request for the logo size and the smaller Outset itself will be smaller. They're not exceeding the overall sign area, but what they wanted…the Planning Commission felt that since they didn't exceed the sign area, they feel comfortable with that logo. It's not in a highly traveled area. You'd have to come back in there to actually…street frontage. So with that they did support the variance and the Findings of Fact are also in your staff report. So with that, we are recommending approval with the conditions in the staff report and the Findings of Fact. I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff? Ms. Aanenson, with regards to the retaining wall and the extension of the berm, if I saw it correctly, it's going into, the berm is being extended into Outlot C? But it's being extended into an area that's not, there are significant trees, is that correct? Kate Aanenson: This is the retaining wall right here, and there is some trees down through here. In addition there will be a wing wall…to create a little bit better buffer which… Actually at the end of the berm itself, there is a better buffer… Mayor Furlong: Okay. With regards to the sign logo variance, I saw a condition added that also limited the size. The ordinance as I understand limits the logo as a percentage of the sign? Kate Aanenson: Correct. Mayor Furlong: So this is basically allowing them to have the logo be the sign? Kate Aanenson: Correct, and that was...variance that you can't exceed that total area… 22 City Council Meeting - May 29, 2007 Mayor Furlong: Have we had other instances in the city where we've dealt with logos versus signs? And I guess my question is, is there a precedence being set here or is this something that we worked with and we try to accommodate it where we can? Kate Aanenson: Well I think the other factor that went into it, it's not in a commercial district where it's highly visible and that tends to be where we have the biggest request for that. Where the logo is really the identifying and we really encourage…but because this isn’t in a high traffic area, you have to go back, it's in the back lot so it's really just identifies, if you're looking for that building…it's a destination. Mayor Furlong: Okay. You don't see this as creating any precedent? Kate Aanenson: A similar…in an industrial park in a similar situation, that would be one rationale… Mayor Furlong: The factors here are not unique, is that your point? Kate Aanenson: Correct. Mayor Furlong: For this site and this type of zoning. Thank you. Any other questions for staff? If not, the applicant's here. Good evening. Anything you'd like to address to the council? Okay. Any questions for the applicant? No? Again a public hearing took place at the Planning Commission. I don't know if there have been any significant changes between the Planning Commission and council. Are there any desire for members of the public to comment on this? No? Okay. Bring it back to council then for discussion. Oh! No, that's fine. Tom Radermacher: My name's Tom Radermacher. My wife and I, JoEllen live at 2479 Bridle Creek Trail. We're just directly north of the development. I just had a question on that 170 foot retaining wall. I guess I'm not sure where that wall is. Is that right on the border of the outlot or is that north? Kate Aanenson: It's in the right-of-way. Tom Radermacher: There's some stakes out there now that say, show not the property line but the outlot line. Kate Aanenson: This is the edge of the property. This is the edge of the wetland. Way up in here. Tom Radermacher: Yeah, well I guess there's a note in here on page 9 that the developer's engineer must submit a sketch verifying construction of this retaining wall will not compromise the tree preservation, and there's a lot of oaks. They said 12 trees. I guess that's why I'm wondering where the line is because there's well over 12 trees within that border. And that's where the outlot is and I think there's like a dozen 100 year oaks that will have, be compromised. I'm wondering if that engineer's drawing was done and. 23 City Council Meeting - May 29, 2007 Kate Aanenson: That will be one of the conditions that will have to be…project before they can…submit to engineering a detail of how they're going to hold the wall back. If it's over 4 feet it has to be engineered… Tom Radermacher: Do you know how many feet it is from the outlot? Kate Aanenson: I'd have to ask the developer…outlot. Tom Radermacher: Yeah, I know it's on the outlot but where, how many feet because I've seen the stakes and I'm wondering if that's where the wall's going to be… Kate Aanenson: …stakes offset…but we'll verify that. According to this it's not on the property line. Tom Radermacher: No. Well I guess my point is that there's, if it's where the stake is, there's well over the 12 trees that they had in the plans. It's got to be in the 20 to 30 range. And like I say, some of those, several of those are oak trees. 100 year oak trees. And I just want to verify it's on the, if the retaining wall's on the line or if it's, where it is exactly. Kate Aanenson: I'd be happy to…and we'll verify that. Tom Radermacher: Okay. I'd just like to make it a condition that that be done and we determine that it's within the 10 feet from the wall so that that is indeed only 12 trees that are being taken down. Kate Aanenson: …field verify that… Mayor Furlong: Okay, thank you. Dan Luna: Good evening. My name is Dan Luna and I. Mayor Furlong: Why don't you just stand back a little bit so the, it will pick you up standing up straight. Thank you. Dan Luna: I live at 2483 Bridle Creek Trail and my concern is how soon construction can begin on the berm. And what assurance do we have that the berm may be built this summer because my wife and I and my family, we've looked at this construction zone, storage area back there for the better part of a year and a half and now that there's a proposed building going in, I'd really like to see some completion done back there in terms of aestheticness. Kate Aanenson: Typically during excavation, the berm would go up pretty much simultaneously with the building. The last thing to go in would be the landscaping…what they excavate they'll be using for the berm itself, so that should happen simultaneously… but the berm should go up simultaneously with the building. Dan Luna: So no guarantees that the landscaping would be done this year at all? 24 City Council Meeting - May 29, 2007 Kate Aanenson: In order to get that, typically the city takes a letter of credit to ensure that that gets done. They have to make sure that they get the rest of the building done and…those are the last things to go in. The first thing they do is… Dan Luna: When you say sprinkling system, am I, is it a safe assumption to say that the berm is irrigated? Kate Aanenson: Typically we've done that but… Dan Luna: Alright. Thank you. Mayor Furlong: Okay, thank you. Councilman Litsey: Could those concerns be addressed now? Dan Luna: Do you want me to stay in case there's another concern? Brian Houwman: I'll answer the two. I'm Brian Houwman. I'm the architect. The stakes that they see out there are the property line so the retaining wall will be back from that. It's approximately between 10 and, 6 to 10 feet depending on the way you have to work those trees that they're concerned with. That is the goal. As far as putting in the grading, that takes place right away so we will be digging out the footings. We will be creating the berm. The berm will be to the side. The planting on it, we certainly want to try to get it done this fall so as soon as we can get started, that timeframe will happen. Mayor Furlong: Alright, thank you. Councilman Litsey: Thanks. JoEllen Radermacher: Mayor Furlong, council members. My name's JoEllen Radermacher. I live at 2479 Bridle Creek Trail and the comments that I would like to make tonight is regarding a previous issue we discussed at the planning committee regarding hours of operation. I'd like to expand on that a little bit. Our request for that is, mostly what we would, I'd like to make reference to the permitted use section of the original PUD and it defines the light industrial and it includes language, there shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. And our main concern and why we even brought this up for our neighborhood is regarding external operations of any tenant and by these external operations we're referring mostly like vehicles. Like trucks that are left running and large doors opening and closing after business hours, particularly at night is what we're concerned about. So our request is that we would appreciate acknowledgement that this would not be allowed based on the terms of the PUD and the definition of light industrial. Thank you. Mayor Furlong: Thank you. 25 City Council Meeting - May 29, 2007 Kate Aanenson: …interpreted light industrial on that…metal fabrication, composite…work outside. Any outdoor activity. This is intended to be indoor. Typically we don't regulate service, delivery times. Certainly if there's an excess of noise, then…but as part of the normal operations typically it's all inside… Mayor Furlong: Did we discuss hours of operations when we were considering the PUD? Kate Aanenson: No. I think what she's reading is the light industrial…as opposed to heavy industrial…and I know we've had concerns with the metal fabrication next door in Chaska. With sometimes start skid loading…outside. Bringing the metal indoors and that can… For the most part the noise you're going to have is…backing up of a truck with the door. Mayor Furlong: Okay. Councilwoman Ernst: So what kind of hours would that be Kate? I mean would that be during. Kate Aanenson: …as we have with any other business so as far as, a lot of businesses do… I'm not sure, you can ask the applicant what they believe most of their… For example General Mills is 24-7. Pretty much… Brian Houwman: Yeah, we're a regular shop so it will be just daytime hours. Part of the problem you may run into is that if an over the road rig makes a delivery and if they show up early, well you can't…truck drivers are running their loads and then if they have to sit there and idle until people show up. Councilman Litsey: Can you show on the drawing where most of those deliveries will be made and is that factor into that at all? Kate Aanenson: I hope so. This the berm. The 12 foot berm would be here. Where the deliveries would be on this site here. We've got a couple hundred feet between here and the houses that are. Councilman Litsey: So that berm should help protect. Kate Aanenson: Sure…but we've worked hard to try to reduce the light spillover and all that. We've located all the lights on this side of the building. Councilman Litsey: And the planting should help. Kate Aanenson: Right, and that's what I said when you get to the planting part, that's where you want to put it, where you get the most effective mitigation for light and noise and those sort of things. I just don't want to mislead anybody…sometimes it happens where truckers can't get to the site on time. They get there late or they get there early. Councilman Litsey: And then they leave their truck idling? 26 City Council Meeting - May 29, 2007 Kate Aanenson: Well unless sometimes…you can work with. We've had good relations with… It's not very often that…and how they manage their operations… Mayor Furlong: To the extent that there is something that rises to a level of a nuisance, we certainly have ordinances in place already to address those. Okay. Thank you. Anyone else from the public who would like to make any comments on this? Alright. Good, bring it back to council for thoughts and discussion. Consideration of a motion. Councilman Litsey: Well I just hope that every consideration is given to building up that berm and getting those plantings in this year if at all possible. I think do what we can in terms of the noise but, help somewhat with that but do our best, or the developer do their best to buffer that. Otherwise the rest seems reasonable to me. Mayor Furlong: Okay, thank you. Other comments, thoughts? Councilman Peterson: No, it's a good project. I'd recommend approval of the site plan for the 48,000 square foot office building with the variance for the 12.9 square foot logo above the main entry. Making it subject to the Findings of Fact and also subject to reiterating obviously the goal is to get it done. I think that's everybody goal probably to get it done this year so. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Made and seconded and I guess one comment I'll make too. I'm glad that staff will be out there on site with regard to the location of that wall and making sure that that's put in a place that's, eliminates ideally any tree loss on Outlot C. There was a lot of effort put into preserving those trees at the beginning. I know you did it, most of it and so there's not a desire to see that go away. Thank you. There's a motion made and seconded. Any other discussion on the motion? Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approves Site Plan for a 48,042 square-foot, one-story office warehouse building with a Variance for a 12.9 square-foot logo above the main entry, plans prepared by Houwman Architects, dated 4/13/07, subject to the following conditions: 1.Architectural elements, such as the use of tiling, creating colored block patterns or the use of circular windows, shall be added in the wall panels on the north side of the building to provide additional articulation. 2.The developer shall connect the internal sidewalks to the public sidewalk in Galpin Court. Pedestrian ramps shall be installed at all curbs along this pathway. 3.The berm on the north side of the building shall be extended into Outlot C, Chanhassen West Business Park. 27 City Council Meeting - May 29, 2007 4.The Park Dedication Fee for Lot 5, Block 2 is $39,960.58 to be paid at the time of building permit issuance. 5.The applicant shall revise the landscape plan to show a total of 19 overstory trees within the vehicular use area. Two landscape peninsulas shall be added to the west parking area. 6.Tree preservation fencing is required to be installed prior to any construction around existing trees in Outlot C and any trees preserved along the north property line. 7.A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Xcel energy, Qwest, cable TV and transformer boxes. 8.No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 9.A Storm Water Pollution Prevention Plan shall be developed by the engineer for the site. The SWPPP shall be submitted to the City for review by the Carver Soil and Water Conservation District prior to beginning construction. The SWPPP shall be in place prior to applying for the NPDES Phase II Construction Permit. Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site. The SWPPP shall include all standard detail plates, sequencing of the project and seeding and mulching specifications. 10.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. 11.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 12.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 Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days 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 inches of ¾-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 28 City Council Meeting - May 29, 2007 basis. The plans and SWPPP shall be revised to include standard details for all inlet protection devices. 14.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 have J-Hooks installed every 50 feet. 15.Erosion control shall be installed and inspected prior to any site grading. 16.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. 17.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (i.e. Carver County Water Resource Management Area, Minnesota Pollution Control Agency) and comply with their conditions of approval. 18.The plan must be revised so that the grades over the existing storm sewer on the west side are not altered. 19.The plans must be modified so that the wall is a minimum of 15 feet from the storm sewer. 20.The property owner must sign an encroachment agreement for the western retaining wall. 21.The developer’s engineer must submit a sketch verifying that construction of the retaining wall on the east side of the property will not compromise the tree preservation area within Outlot C. 22.The contractor must call the City to inspect the connection to the sanitary sewer manhole. 23.The buildings are required to have an automatic fire extinguishing system. 24.The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 25.Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. 26. The total sign area for the building shall not exceed 73 square feet including the approved logo. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: Appreciate your comments. Thank you everyone. 29