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PC SUM 2008 03 18 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES MARCH 18, 2008 Acting Chair Keefe called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Kathleen Thomas, Dan Keefe and Kevin Dillon MEMBERS ABSENT: Kurt Papke, Debbie Larson, and Mark Undestad STAFF PRESENT: Bob Generous, Senior Planner; Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Mohamed R. Mumin 1759 Valley Ridge Place th Jerry Backman 14800 28 Avenue North Danielle Magnuson 1411 Heron Drive Rachel Nelson 8550 Tern Court Rachel Mikkonen 6781 Penamint Lane Allison Nelson 8550 Tern Court PUBLIC HEARING: AUDUBON CORPORATE CENTER/IDI DISTRIBUTORS: REQUEST FOR SUBDIVISION APPROVAL OF 7 ACRES INTO TWO LOTS; SITE PLAN APPROVAL FOR A 55,000 SQUARE FOOT TWO STORY OFFICE/WAREHOUSE BUILDING WITH A FUTURE 15,000 SQUARE FOOT EXPANSION; AND A WETLAND ALTERATION PERMIT TO ALTER OR FILL WETLANDS ON SITE ON PROPERTY ZONED INDUSTRIAL OFFICE PARK (IOP_ AND LOCATED AT 8301 AUDUBON ROAD. APPLICANT: EDEN TRACE CORPORATION/IDI DISTRIBUTORS, PLANNING CASE 08-07. (Mark Undestad recused himself from this item due to a conflict of interest.) Bob Generous presented the staff report on this item. Commissioner Thomas asked for clarification of keeping the wetlands on site versus removal. Commissioner Dillon asked for an explanation of how a wetland is filled, the timeframe for the expansion and the nature of the business for IDI Distributors. Commissioner Keefe asked for clarification on the building square footage, grading, location of the driveway and dumpster, and wetland mitigation. Jerry Backman spoke on behalf of the applicant addressing concerns with the wetland. Acting Chair Keefe opened the public hearing. No one spoke and the public hearing was closed. After comments from the commission, the following motions were made. Dillon moved, Thomas seconded that the Planning Commission recommends that the City Council approve the subdivision (preliminary and final plat) creating one lot and one outlot Planning Commission Summary - March 18, 2008 and right-of-way for Audubon Road, plans prepared by McCombs Frank Roos Associates, Inc, dated 02/15/08, subject to the following conditions: , as shown in the preliminary plat 1.Lot 1, shall be designated as Outlot A until the ultimate development of the lot is determined and a revised grading plan submitted that shows the wetland impacts. 2.The applicant shall use BWSR U8 in all graded areas along the eastern property line. 3.Existing City boulevard trees will be protected with fencing during all phases of construction. The applicant will be responsible for replacing any trees that die as a result of construction activity. 4.The north lot will be required to provide buffer yard and parking lot landscaping as required by ordinance at the time of site plan approval. 5.All trees on the north lot within the wetland buffer and setback shall be preserved until a final grading plan is approved for the lot. The developer shall work with staff as part of the development of the site to preserve these trees through revised grading and the use of retaining walls. 6.A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be maintained around all wetlands on the property. Secondary structures are allowed to encroach up to 50% of the setback. It appears that the retaining wall has exceeded the allowed encroachment and needs to be moved out of this 15-foot setback. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 7.The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer or 35 feet from the wetland edge. 8.A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. 9.The proposed storm water pond shall be constructed prior to disturbing upgradient areas and used as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to divert water to the pond and a temporary pond outlet shall be provided. The outlet could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. 10.A detailed construction plan needs to be created for the pond construction which shows how water quality of the existing pond and adjacent water body will be protected. At a minimum, this must show how the pond will be dewatered and what best management practices will be employed. 2 Planning Commission Summary - March 18, 2008 11.All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50-75 feet. 12.A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the EOF to the existing wetland shall be shown on the plans and shall be encumbered by a drainage and utility easement. 13.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 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. 14.Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. 15.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $69,036.10. 16.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 17.Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition of approval for this subdivision. The park fees shall be collected in full at the rate in force upon final plat submission and approval. 18.Approval of the subdivision in no way should convey to the applicant, the land owner or any subsequent owners and occupants approval of the wetland impacts indicated within Wetland 2 as shown on the conceptual grading plan or any other wetland impacts resulting from the development of this parcel. Any grading which, as a result of the development of Lot 1, occurs on Lot 2 must provide sediment and erosion control best management practices to protect the wetland and the buffer area. 3 Planning Commission Summary - March 18, 2008 19.No burning shall be issued for trees to be removed. Trees and shrubs must be removed from site or chipped. 20.Remove all existing structures prior to the commencement of grading. 21.This site must be mass graded to minimize future truck traffic upon completion of the southern parcel. A 20-foot buffer is required around the wetland on the northern parcel to prevent grading from taking place. Please revise the grading plan and show silt fence in this location so the contractor can determine the grading limits. Also, the building pad elevation of the northern parcel shall be lowered to an elevation of 952 to minimize the impacts to the wetland. 22.The grading plan needs to be revised. The proposed contours on the northern property need to be revised showing the wetland buffer of 20 feet. Show the existing conditions within 100 feet of the property line. 23.Normal water level of the existing wetlands should be shown on the plan. Also, include the normal water level and high water level of the revised pond. Show emergency overflows on the plan. Keep a minimum of 2 percent slope in the grass areas, 1 percent in the pavement areas, and .5 percent along the curb lines. 24.Development of the northern parcel will require a stormwater pond to treat the water prior to discharge into the wetland. This pond should discharge to the wetland northeast of the site. 25.Revise the drainage calculations. The existing drainage map should include three areas: One area discharges to the northern wetland, one to the eastern wetland and one to the existing pond. Revise the calculations to show the pre- and post-development peak discharge into the northern and eastern wetland. Post-development peak discharges must remain less than pre-development peak discharges for the 2-, 10-, and 100-year storm events. Drainage calculations must be signed by a Professional Engineer registered in the State of Minnesota. 26.Rational method calculations, including drainage map, must be provided for the sizing of the storm sewer. 27.If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 28.Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. Additional top and bottom elevations should be added to the retaining wall. 29.All of the utilities within the boundary should be privately owned and maintained. These utilities must be covered by a cross-access agreement. The proposed watermain 4 Planning Commission Summary - March 18, 2008 th connection into Chanhassen Lakes Business Park 7 Addition must wet tap the existing watermain. 30.Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water, and storm sewer lines). 31.Determine actual elevations of existing utilities. A minimum vertical separation of 18 inches is required at all storm, sanitary, and watermain crossings. Provide details of each crossing to ensure minimum separation. 32.Each new lot is subject to the sanitary sewer and water hookup charges. Lot 1, Block 1 will get credit for 8 trunk sanitary sewer charges. Lot 2 will get credit for 15 trunk sanitary sewer charges. No trunk water charges have been paid. The 2008 trunk hookup charge is $1,769 for sanitary sewer and $4,799 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 33.All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to provide the City with the necessary financial security in the form of a letter of credit or cash escrow in the amount of $13,200.00 to guarantee the installation of the pond, erosion control, and seeding. The applicant must also notify the City after installation of the erosion control and 48 hours prior to the commencement of grading. Permits from the appropriate regulatory agencies will be required, including the MPCA and the Dept. of Health. 34.Easements are required to provide access to Lot 1, Block 1. A private drive easement will be required to provide access to Lot 1, Block 1 off of Audubon Road. An additional private easement will be required to provide truck access through Chanhassen Lakes th Business Park 7 Addition and up to Lot 1, Block 1. The easements for the gas line and power line must be shown on the plat. No work will be allowed in this area without the approval of the owner of the easement. A drainage and utility easement will be required over the proposed pond for Lot 2, Block 1. Also, a temporary drainage and utility easement should be placed on the entire Lot 1, Block 1 until the time of final plat of this parcel. Provide location and easement for pond access. 35.Shift proposed drive off of Audubon Road so that the center of the driveway is located 70 feet north of the Kingdom Hall drive. Due to limited site distance, this driveway location will be limited to passenger vehicles only. Truck-trailer access must be provided to Lot th 1, Block 1 through Chanhassen Lakes Business Park 7 Addition. 36.The boundary survey and preliminary plat need to be revised. Add existing conditions and property lines within 100 feet of the boundary. Also, the legal description does not match the bearings on the preliminary plat. 5 Planning Commission Summary - March 18, 2008 37.Upon completion of the public street, the applicant shall submit a set of “as-built” plans signed by a professional engineer. 38.Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final plat. The fee will be based on the commercial rate of $3,600 per developable acre. 39.All outstanding assessments must be paid prior to final plat.” All voted in favor and the motion carried unanimously with a vote of 3 to 0. Dillon moved, Thomas seconded that the Planning Commission recommends that the City Council approve the Site Plan for IDI Distributors for a 71,500 square-foot, two-story, office-warehouse building to be built in two phases, plans prepared by McCombs Frank Roos Associates, Inc., dated February 15, 2008, revised February 29, 2008 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.The development shows metal halide lighting which must be revised to high-pressure sodium vapor. All light fixtures shall be shielded. 3.The developer shall provide a sidewalk connection from the site to the trail on Audubon Road. Pedestrian ramps shall be provided at all curb cuts. 4.The future building expansion shall continue the same architectural detailing of the first phase of the building. 5.The applicant shall meet minimum requirements in all bufferyard areas. 6.The applicant shall plant three boulevard trees along Audubon Road in the empty spaces created by entry drive rearrangements. 7.The applicant shall meet minimum requirements for parking lot trees. 8.The future expansion area will be seeded with a fescue mix and planted with bare root aspens, or other trees as approved by the City, at a spacing of 15 feet. These trees may be removed with no penalty when the expansion is needed. 9.The applicant shall use BWSR U8 in all graded areas along the eastern property line. 10.Existing City boulevard trees will be protected with fencing during all phases of construction. The applicant will be responsible for replacing any trees that die as a result of construction activity. 6 Planning Commission Summary - March 18, 2008 11.A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be maintained around all wetlands on the property. Secondary structures are allowed to encroach up to 50% of the setback. It appears that the retaining wall has exceeded the allowed encroachment and needs to be moved out of this 15-foot setback. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 12.The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer or 35 feet from the wetland edge. 13.A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. 14.The proposed storm water pond shall be constructed prior to disturbing upgradient areas and used as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to divert water to the pond and a temporary pond outlet shall be provided. The outlet could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. 15.A detailed construction plan needs to be created for the pond construction which shows how water quality of the existing pond and adjacent water body will be protected. At a minimum, this must show how the pond will be dewatered and what best management practices will be employed. 16.All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50-75 feet. 17.A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the EOF to the existing wetland shall be shown on the plans and shall be encumbered by a drainage and utility easement. 18.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 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 7 Planning Commission Summary - March 18, 2008 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. 19.Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. 20.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 21.A 3-foot clear space shall be maintained around the circumference of fire hydrants except Section 508.5.5 MSFC. as otherwise required or approved 22.Post fences, vehicles, growth, trash, storage, and other materials shall not be placed or kept near fire hydrants, Fire Department inlet connections or fire protection control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernable. The Fire Department shall not be deterred or hindered from Section 508.5.4 gaining immediate access to fire protection equipment or fire hydrants. MSFC. 23.No burning shall be issued for trees to be removed. Trees and shrubs must be removed from site or chipped. 24.Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 25.Yellow curbing and no parking fire lane signs will be required. The developer shall contact the Chanhassen Fire Marshall for exact location of yellow curbing and locations of signs to be installed. Dumpsters, if placed outside, shall be properly screened. 26.” All voted in favor and the motion carried unanimously with a vote of 3 to 0. Dillon moved, Thomas seconded that the Planning Commission recommends that the City Council approves the Wetland Alteration Permit for the grading and filling of wetlands on the site, plans dated received February 29, 2008, subject to the following conditions: 1.The applicant shall produce an Application for Withdrawal of Wetland Credits and a purchase agreement for the application to be considered complete. Upon receipt of this information, a notice of application will be sent to the required recipient list and comments must be accepted for at least 14 days. At the end of the comment period, a decision on the proposed impacts and mitigation can be finalized. It appears that sequencing flexibility would be applicable to this wetland. 8 Planning Commission Summary - March 18, 2008 2.A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be maintained around all wetlands on the property. Secondary structures are allowed to encroach up to 50% of the setback. It appears that the retaining wall has exceeded the allowed encroachment and needs to be moved out of this 15-foot setback. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 3.The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer or 35 feet from the wetland edge. 4.That portion of the wetland buffer adjacent to the proposed earthwork shall be planted in a suitable native seed mix. 5.As the area at the toe of the retaining wall is unlikely to be mowed, a suitable BWSR seed mix shall be used below the retaining wall within the area to be graded. 6.Approval of the subdivision in no way should convey to the applicant, the land owner or any subsequent owners and occupants approval of the wetland impacts indicated within Wetland 2 as shown on the conceptual grading plan or any other wetland impacts resulting from the development of this parcel. Any grading, which as a result of the development of Lot 2 occurs on Lot 1 (Outlot A), must provide sediment and erosion control best management practices to protect the wetland and the buffer area. 7.In order for any impacts to occur on the northern parcel, Lot 1 (Outlot A), a detailed site plan and wetland application would need to be submitted. With this submittal, a thorough discussion of sequencing considerations for wetland avoidance and/or impact minimization is required. 8.The applicant needs to show that the wetland was avoided or provide documentation indicating why wetland avoidance is not possible. If wetland avoidance was shown to the satisfaction of the Local Government Unit to not be possible, the applicant would need to show that the impacts were minimized to the greatest extent practicable. 9.No impacts are indicated for Wetland 3 and a no net loss decision will be rendered for this area.” All voted in favor and the motion carried unanimously with a vote of 3 to 0. APPROVAL OF MINUTES: Commissioner Thomas noted the verbatim and summary minutes of the Planning Commission meeting dated March 4, 2008 as presented. Acting Chair Keefe adjourned the Planning Commission meeting at 7:30 p.m. Submitted by Kate Aanenson-Community Development Director Prepared by Nann Opheim 9