Loading...
PC 2007 09 18 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 18, 2007 Acting Chair Keefe called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Dan Keefe, Kathleen Thomas, Debbie Larson and Kevin Dillon MEMBERS ABSENT: Jerry McDonald, Mark Undestad, and Kurt Papke STAFF PRESENT: Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC HEARING: NEIL KLINGELHUTZ: REQUEST FOR AN INTERIM USE PERMIT TO IMPORT APPROXIMATELY 43,250 CUBIC YARDS OF FILL FROM THE HIGHWAY 312 CORRIDOR FOR GRADING ON PROPERTY LOCATED AT 8601 GREAT PLAINS BOULEVARD AND 760 LAKE SUSAN DRIVE, PLANNING CASE 07-16. Public Present: Name Address Jacob Wert 19005 Highland Avenue, Deephaven Al Klingelhutz 8600 Great Plains Boulevard Neil Klingelhutz 9731 Meadowlark Lane Stephan Barber 8517 Chanhassen Hills Drive South Alyson Fauske presented the staff report on this item. Keefe: So let's open it up for questions. Let's start down here. You have any questions? Thomas: I don't have any questions, thank you. Larson: No. It's actually pretty thorough. Dillon: So in the, kind of like in the description it says there are literally, you know put them in a hole. So how far down is the hole? I mean what's the low spot in this area that needs to be filled? Fauske: Well the low area will remain as it is right now. They're just raising the remainder of the site. The low area is currently at this location and it will remain there. There is an outlet at this location. But what the applicant is stating is that, with the realignment of 101 and Lake Susan Drive extension, that further exasperated the low area in this location and with material being available, they would like to go ahead and proceed with grading on their site so that when Planning Commission Meeting - September 18, 2007 the property does come in for development, it will be ready to go and will minimize the grading needed at that time. Dillon: Okay. And is the long term use still intended to be residential? Generous: That's what the Land Use Plan shows for it, yes. Dillon: So once you bring in all this fill and, you know how long does it take to settle down to you know like our, I mean. Fauske: It depends on the material. It depends how it's compacted. Any structure that would be placed on fill material would have to be so it would have to be tested to make sure that it can withstand the load of the building that's proposed on the site. Dillon: Is there a rule of thumb for something like this? Fauske: Again, it depends on the material being brought in and how much they compact it. You know if they bring them in shallow layers and compact it or if they put in thicker layers to compact it, but perhaps the applicant can speak a little bit better to this but at this point they're not proposing any structures on it at this time. And again with any building permit in the future on this site, they will be required to take up some soil density testing done. Dillon: And you said that the source of the fill hasn't been identified yet? Fauske: Not to my knowledge, unless it was in the last couple of days. The applicant has been able to come up with a source. Dillon: Okay. That's all the questions I had. Keefe: I've got a question. In number 13 you said the elevations 906 and 908 in the black walnut woods must remain on the plan, but then change the grading area to allow the water to exit the corner of the woods. And then the other part of the presentation you say 90% of the site drains you know through a 48 inch culvert. I mean would the changes that are proposed in number 13 affect the drainage pattern on site? Fauske: Not significantly. Keefe: Not significantly. Okay. Alright. And then one other question in regards to you know I think you mentioned in the write up but I didn't necessarily see it in the conditions and that's what I, you know cleaning, we're going to bring in I don't know how many truck loads it is. I presume it's quite a few though, and just dragging all that dirt through the city you know in terms of cleaning streets and so forth. How do we typically handle that? Fauske: Well the applicant, since it is over an acre, what the MPCA and NPDES, non-point discharge elimination system permit will be required and through that they're required to show how they will keep their site maintained with staff's recommendation of collecting a $5,000 2 Planning Commission Meeting - September 18, 2007 escrow. We do have the funds there to say you know, you need to clean up your site or we'll be withdrawing from your escrow to clean up the site and fortunately we've never come to a situation like that where we've gone to such an extreme enforcement but typically we've found that applicants are very willing to, you know they understand they need to keep things cleaned up and have been responsive. Keefe: And how about the city streets. I mean in terms of you know, those trucks come along. Dirt falls out and then we simply require them to deal with that? Fauske: Yes, exactly. They have, there's several methods. It depends on how much material is on the street. They can get a little bobcat and scoop it up, or they can get a broom and sweep it. It depends on how much rain they've had. How much material's on the street. Keefe: Yeah, do we typically make that a requirement? Fauske: It's a requirement that they need to keep the streets cleaned up. Keefe: Yeah. Fauske: So it will be, you know it will be on the applicant's part, not the city. It's a well traveled road and if there's any problems, we will be hearing about it so we'll keep an eye on it. Keefe: Okay. Generous: Chair Keefe, it is part of condition number 6 also. Keefe: It is? Okay. Generous: It starts at the. Keefe: Streets must be kept, okay. Great. Thanks. Okay. Any more questions of staff? Alright, do we have an applicant? You want to come up and say anything about this or? Neil Klingelhutz: Well I can. I think it's pretty cut and dry. Keefe: Why don't you step up to the podium and need your name and address. Location. Neil Klingelhutz: Neil Klingelhutz, 9731 Meadowlark Lane, Chanhassen. Jacob Wert: Jacob Wert, 19005 Highland Avenue in Deephaven. Neil Klingelhutz: Just, well basically we don't have anything you know intact yet. And because the dirt's available we thought better grab it while it's there. As far as, she called that a wind break. That was, some of the trees that are affected, they're basically, they just grew up along the old cow yard fence line and they were basswood and a couple poplar trees. Nothing really worthwhile to save. I know we're planning on saving the black walnut. And then as far as that 3 Planning Commission Meeting - September 18, 2007 90%, I think as she was talking, the site now drains, there's about 10% of it by that black walnut trees that drains towards the, probably northeast and that's still going to drain that way. That's why the whole 90 doesn't fall down on that part, but there's plenty of people keeping an eye on us. We've got MnDot permit. Watershed district. That NPDES permit. Now this. You know it seems to me a little overkill for what we're trying to do. You know it's, I think this interim use permit you could have, you know you could build a whole big structure under this and it's just a matter of getting some dirt in here while it's available so. Keefe: Have any questions of the applicant? Thomas: I don't, thank you. Dillon: So you sound like you know where the source of the dirt is. Neil Klingelhutz: Yeah, we've actually originally had dirt identified for this spring and then the permitting process took so long that that ran away. I mean they had to get rid of it but we do have this other guy and he's got the project either this fall, if we get the permits in time, or next spring. Either or depending on when we receive the permits that we'll have the dirt. And then as far as the compaction goes, we're going to do a compaction test now. You know they're going to strip the black dirt. Bring the clay. It's got to be good clay. Compact it up so and then, cover, compact with the black dirt so I mean realistically then we're going to have inspections as we're doing this so realistically if you wanted to build on it, the day they were done it should, you know a lot of the compaction results are okayed. It could happen right away. We're not just pushing dirt on there and not compacting it. We're going to compact it up as we go so. Keefe: Do you typically reseed it or… Neil Klingelhutz: Yeah, then after it's done then we'll probably seed it back with alfalfa or something to try to keep the weeds out of there. Keefe: Any other questions? Larson: No. Keefe: Thank you very much. Neil Klingelhutz: Thank you. Keefe: This is a public hearing so if anybody wants to make comment or question, please step to the podium. State your name and ask your question. Anyone? Al Klingelhutz: I think I'd like to make a few comments on this. Mr. Chairman and the rest of the Planning Commission members. I'm Al Klingelhutz, former owner of this property. Neil is my son. I can assure you of one thing, if I had know there would have been a 20 foot rise in the property when the highway bought this, the land for right-of-way, I think they would pay some damages because it sloped out with the lowest part of this part sloped out to the east and the 4 Planning Commission Meeting - September 18, 2007 water could run over the top. Plus there was an 8 inch tile underneath the ground which they cut when they took out the black dirt. The property was in my family's name since 1866 and it almost made me cry when I seen that new Highway 101 grow 20 feet above the lowest part of this property. When you drive down the new 101 they look down in there, you think well, what happened. He's trying to improve the property with getting some good clay fill in there. Scraping the black dirt off and re-covering it with the black dirt. So it just seems the right thing to do for the property because I don't know who'd want to live in that hole. Thank you. Keefe: Thank you. Anybody else? Seeing no one, we'll close the public hearing. Bring it back for comments. Start down here. Thomas: I find it to be acceptable. Larson: Yeah, I see no problem either. Keefe: Okay. Dillon: I have no issues with this. Keefe: Okay. Neither do I. Can I take a motion? Larson: Sure, I'll make a motion. Recommendation Chanhassen Planning Commission recommends the City Council approve an Interim Use Permit to permit up to 46,000 cubic yards of fill, plans prepared by Allen R. Hastings dated August 13, 2007, revised August 21, 2007, subject to the following conditions, 1 through 14. Dillon: Second. Larson moved, Dillon seconded that the Planning Commission recommends that the City Council approve an Interim Use Permit to permit up to 46,000 cubic yards of fill, plans prepared by Allen R. Hastings dated August 13, 2007, revised August 21, 2007, subject to the following conditions: 1.A demolition permit is required for the removal of any structure(s). 2.If future construction in this area is anticipated, these soils must be engineered for the intended structural loads and their placement must be properly compacted and tested as required by such soil engineering. A report, verifying placement, compaction and soil suitability, from the testing agency will be required before building permits will be issued. 3.Show the trees for the US West Telephone property in the existing conditions and the proposed grading plan. Preserve as many trees as possible in this area to provide screening for the building. 4.Install tree protection fencing around all trees to be saved on site. 5 Planning Commission Meeting - September 18, 2007 5.Tree protection fencing and erosion control fencing must be installed and inspected by the City prior to beginning site grading. 6.Silt fence must be added around the outer limits of the temporary topsoil stockpile. This area must be regraded to the elevations shown on the proposed grading plan. Streets must be kept clean and free of debris at all times. 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 timeframes: 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 7.The applicant shall provide the City with a cash escrow in the amount of $5000.00 to guarantee erosion control measures, site restoration, and compliance with the interim use permit. 8.Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 9.The applicant must provide a proposed haul route for review and approval. 10.An interim use permit expires one year from the date of approval from the City Council. The permit may be renewed on an annual basis subject to City Council approval. The applicant will need to request a formal extension 45 days prior to the expiration date. 11.A temporary construction easement is required for the grading on the US West Telephone property. 12.All permits must be secured prior to commencement. This includes a drainage permit from the Minnesota Department of Transportation, a watershed district permit, and a Minnesota Pollution Control NPDES stormwater permit. A stormwater pollution prevention plan must be submitted to the City for review by Carver Soil and Water Conservation District. 13.Changes are needed to the grading plan. The elevations 906 and 908 that are shown in the black walnut woods in the existing conditions must remain in the grading plan. Change the grading in this area to allow the water to exit the corner of the woods. The swale for the drainage around the US West Telephone property should be moved to the center of the lot line. 14.An as-built grading plan is needed at the completion of site grading to ensure compliance with the approved grading plan.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. 6 Planning Commission Meeting - September 18, 2007 PUBLIC HEARING: POWER SYSTEMS BUILDING EXPANSION: REQUEST FOR SITE PLAN APPROVAL FOR A 12,300 SQUARE FOOT EXPANSION TO A 27,800 SQUARE FOOT BUILDING ON PROPERTY ZONED PUD, PLANNED UNIT DEVELOPMENT, AND LOCATED AT 8325 COMMERCE DRIVE. APPLICANT, POWER SYSTEMS, PLANNING CASE 07-21. Public Present: Name Address Harley Bergren 8104 Highwood Drive, Apt G108, Bloomington Gary Bergren 8893 Hidden Oaks Drive, Eden Prairie David Thun 6490 Bayview Place, Excelsior Todd Mohagen Mohagen Hansen Architects 1000 Twelve Oaks Center Drive, Wayzata th George Beniek 412 West 76 Street Bob Generous presented the staff report on this item. Keefe: Start down here. Kevin, you have any questions? Dillon: I do not. Kind of looks pretty straight forward. Larson: Did I read in here that the parking, we didn't need to add parking with the addition, is that correct? Generous: Right. They have sufficient park on the site. They're showing some proof of parking so they have, yeah. They have the numbers quantitative wise that our ordinance requires, but their operation they don't need that. Larson: Got it. Okay. That was the only one I had. Thomas: It's self explanatory. I'm good. Keefe: I had a couple questions. Do we typically sign for the tractor trailer entrance or how do we you know direct that or enforce it or do we just leave it up to them to? Generous: Generally they'll put truck entrance. It doesn't make a lot of sense for tractor trailers to go on the west side. Keefe: Yeah, I mean it looks like it's a natural way to go but I didn't know if we needed to require any signage associated with that or anything. Generous: I don't think so. 7 Planning Commission Meeting - September 18, 2007 Keefe: Okay. It says the area being disturbed is less than one acre. The lot area is 2 1/2 acres or something along those lines but it does say if it exceeds an acre. Do we not know whether it exceeds an acre in terms of? Generous: Our estimate was it was under an acre, but just in case. Keefe: Yeah. And what do we mean by being disturbed? Is that just. Generous: Any grading operation. Keefe: Okay. Generous: They turn the dirt, it's disturbed and then they may have to go and get a separate permit. Keefe: Okay. And then the signage, this is you know, the sign is going to be what, painted on? Or is it an attached sign or is it? Generous: No. They're just showing a possible sign location on there. They're not sure that they'll actually use it. We said if part of their site plan review they should show a location if they even contemplate that so that it would. Keefe: Okay. If they add one they can come back for permit on that or something. Generous: It'd be administrative permitting. It'd be through, they'd have to follow the standards in the city code. Keefe: Yeah, okay. And then just one last question in regards to you know walkways or pathways on this particular site plan. It connects well with the path system or sidewalk or doesn't that have that or? Generous: I don't believe there's any out there. Keefe: Yeah. Is that something that typically we would try to do in this area? Generous: Well in the newer developments we haven't provided that. In some of the older, like this was in the mid to early 90's that it came through and we didn't require as much. I know that on Lake Drive I believe they have it and then there's a trail down at the end. Keefe: Alright. That's all I have. Is there an applicant? Like to come up and say, give a presentation. Todd Mohagen: I'm Todd Mohagen, Mohagen Hansen Architectural Group. We're the architects on the project. The owners of the building are here and the tenant, Power Systems. A representative from that company. Thank you so much. I think there's really no issues that we have with the exception of there was a note, the last note about the trees. On the west buffer 8 Planning Commission Meeting - September 18, 2007 yard, if we could go to here. There's 10 feet from here to here. We'd prefer not to have over story trees in there just because it would conflict with the building. The roots and the leaves. Maybe if we could be a little, we could work with staff on locating those trees. I mean if that's a requirement, I don't think that's an issue. It's just that we'd prefer that that would limit us to that area. That it could be in here or there. It could be a pretty small area. Do you have the landscape plan by chance? Generous: It should be. Todd Mohagen: If we could modify that, we would work with staff to locate you know the appropriate number of trees I think would probably be better. The concern is this would be a normal sized tree and if we start putting them along here, our concern is that it interferes with the building. Keefe: You know in terms of, you know in the staff report it says that they wanted to have some trees along that end. I mean was consideration taken into account in terms of what the applicant is saying? Generous: We can. The 4 trees are just a quantitative, how many trees you need on that western side. The actual location is something that we work out all the time. We allow people to group trees. You know it'd make sense to put additional trees to the southwest corner of the site. West of the parking lot in front of the building to provide some of that shading to the building and the parking lot. Sticking something on the north end isn't an issue. Todd Mohagen: I guess, we don't have any issue with it. It's just, the way that this reads, I would read that to mean that that would mean this portion of the building. I mean maybe it's as simple as saying the southwest. Or near the parking area. Keefe: Or maybe work with staff. Alright, anything else? Todd Mohagen: No. Keefe: Okay. This is a public hearing. If anybody would like to comment or questions, please step to the podium. Seeing none, we'll close the public hearing. Bring it back here and let's start over here. Dillon: You know I think it's, there's kind of just a way to work it out between staff and the applicant on the trees and just to make a win/win. I'm sure that can be done and I'm totally in favor. Larson: Yeah, I agree. Thomas: Ditto. 9 Planning Commission Meeting - September 18, 2007 Keefe: Alright. And I'm comfortable with the applicant working it out with staff in regards to the location of the trees. They're better at doing that than I would be in terms of locating them so with that I'll take a motion. Dillon: I'll make a motion that the Chanhassen Planning Commission recommends that the City Council approve Planning Case 07-21, Powers Systems for 12,300 square foot expansion to a 27,800 square foot one story office warehouse building, plans prepared by Mohagen Hansen Architectural Group dated February 16, 2007, subject to the following conditions, number 1 through 13. Larson: I'll second that. Keefe: I guess I would make a friendly amendment to modify 12 to say, the applicant shall work with staff in regards to the location of trees and shrubs. Larson: What if we combine 12 and 13? Thomas: Yeah instead of…because it says it all together maybe. Keefe: Yeah, I think I'd be alright with that. You know the combine 12 and 13 and essentially say, the applicant will work with staff in regards to submitting a revised landscape plan which accommodates staff's recommendations in terms of tree planting and shrubbery. Is that alright with you? Dillon: That works for me. Larson: I agree. Keefe: Alright. Already have a second. Friendly amendment. Dillon moved, Larson seconded that the Chanhassen Planning Commission recommends that City Council approve Planning Case 07-21, Power Systems, for a 12,300 square-foot expansion to a 27,800 square-foot, on-story office warehouse building, plans prepared by Mohagen Hansen Architectural Group, dated 02/16/07, subject to the following conditions: 1.The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2.A window shall be added to the south elevation of the most westerly office in the building expansion. 3.Tractor-trailer units are prohibited from using the proposed new (westerly) access. 4.If the area being disturbed exceeds one acre, the applicant must obtain the necessary permits from the MPCA and the Watershed District. 10 Planning Commission Meeting - September 18, 2007 5.The applicant must ensure that the Engineering Department is contacted a minimum of 48 hours prior to connecting to the public storm sewer. 6.The applicant must submit a $1,000.00 escrow for the replacement grate over the public storm sewer at the new driveway. 7.The grading plan must be signed by a Professional Engineer licensed in the State of Minnesota. 8.The building addition is required to have an automatic fire extinguishing system. 9.All plans must be prepared and signed by design professionals licensed in the State of Minnesota. 10.The water service at the southwest end of the building (proposed addition location) must be relocated/revised in such a manner that fire suppression water supply is not located under the proposed addition (Ref. NFPA 24). 11.The applicant shall plant two trees near the parking lot. 12.The applicant shall install a west bufferyard planting that includes 4 overstory trees, 9 understory trees and 14 shrubs. The applicant shall work with staff to submit a revised landscape plan prior to building permit approval.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVAL OF MINUTES: Commissioner Larson noted the verbatim and summary minutes of the Planning Commission meeting dated September 4, 2007 as presented. Acting Chair Keefe adjourned the Planning Commission meeting at 7:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 11