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CC Staff Report 4-14-08 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 3 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: 6J<w . April 14, 2008 SUBJ: Audubon Corporate Center/illI Distributors Planning Case #08-07 EXECUTIVE SUMMARY Request for Subdivision approval of seven acres into two lots and public right-of- way; Site Plan approval for a 55,200 square-foot two-story office/warehouse building with a future 16,272 square-foot expansion; and a Wetland Alteration Permit to alter or fill wetlands on site. ACTION REQUIRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on March 18,2008 to review the proposed development. The Planning Commission voted three for and none against a motion recommending approval of the project with a condition 26 regarding dumpster screening added to the site plan approval. (Note: Due to a vacancy on the Planning Commission and the need to recuse one commissioner from the proceedings, there were in essence only five commissioners, resulting in a quorum of three and a majority vote of three members.) The Planning Commission's only concern with the project was to direct staff to work with the applicant to reduce or eliminate the wetland impacts on the northern wetland basins. Revised plans have been submitted which shift the lot line between Lots 1 and 2. Although this plan makes significant reductions in the wetland impacts, until an actual site plan has been submitted for approval, the actual amount of wetland impacts associated with Lot 1 remains unknown. Staff recommends that Lot 1 be platted as an outlot and that no wetland impacts on Lot 1 be approved or allowed until the applicant has site plan approval for Lot 1, assuming the requirements of the Wetland Conservation Act are met. Further, stormwater treatment will be needed to treat the runoff from the development of Lot 1. The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt Audubon Corporate Center/illI Distributors Planning Case 2008-07 April 14, 2008 Page 2 RECOMMENDA TION Staff and the Planning Commission recommend adoption of the motions as specified on pages 16 through 23 in the staffreport dated March 18,2008 approving the subdivision (one lot and one outlot), site plan, and a wetland alteration permit for wetland 1 only. ATTACHMENTS 1. Planning Commission Staff Report Dated March 18,2008. 2. Resolution Approving Audubon Corporate Center 1 st Addition. 3. Site Plan Permit #08-07. 4. Wetland Alteration Permit #08-07. g:\plan\2008 planning cases\08-07 audubon corporate center-idi distributors\executive summary.doc ~ z < u ~ ~ ~ ~ < < ~ < ~ ~ ~ ~ rJl PC DATE: March 18,2008 OJ CC DATE: April 14, 2008 CITY OF CHANHASSEN REVIEW DEADLINE: April 22, 2008 CASE #: 08-07 BY: RG, ML, JM, JS, JS STAFF REPORT PROPOSAL: Request for Subdivision approval of seven acres into two lots and public right-of- way; Site Plan approval for a 55,200 square-foot two-story office/warehouse building with a future 16,272 square-foot expansion; and a Wetland Alteration Permit to alter or fill wetlands on site. LOCATION: 8301 Audubon Road APPLICANT: Eden Trace CorporationlIDI Distributors 8156 Mallory Court Chanhassen, MN 55317 (952) 361-0722 mark@edentrace.com Equitable Holding Company LLC 7667 Equitable Drive r'JM n Eden Prairie, MN 55344 ~r ' PRESENT ZONING: Industrial Office Park, lOP 2020 LAND USE PLAN: Office/Industrial ACREAGE: 6.99 acres DENSITY: Lot 2 - F.A.R. 0.39 SUMMARY OF REQUEST: The developer is proposing two-lot subdivision, site plan review for a 45,200 square-foot office warehouse building with a 16,272 square-foot future expansion, and a wetland alteration permit to fill portions of wetlands on site. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi judicial decision. The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets those standards, the City must then approve the site plan. This is a quasi-judicial decision. The City has limited discretion in approving or denying a wetland alteration permit, based on whether or not the proposal meets the wetland alteration permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable wetland alteration permit standards are met, the permit must be approved. This is a quasi judicial decision. (iCAtHlED Location Map (Subject Property Highlighted in Yellow) Audubon Corporate Center/IDI Distributors 8301 Audubon Road Planning Case 2008-07 Audubon Corporate Center/IDI Distributors Planning Case 08-07 March 18,2008 Page 2 of 24 PROPOSAL/SUMMARY The applicant is requesting subdivision approval to divide a seven-acre site into two lots and public right-of-way for Audubon Road. As part ofthe overall site development, portions of the wetland in the northeast comer of the site will be filled. The northerly lot would be retained by the current property owner. The southerly lot is concurrently being reviewed for site plan approval for a 55,200 square- foot two-story office-warehouse building. The second story will occupy 10,000 square feet of the building and will house the office component of the building. The lower story will encompass the warehouse portion of the building. A 16,272 square-foot expansion of the building is shown on the north side of the building. The proposed expansion would continue the building architecture and detailing. The proposed development is surrounded by other office-industrial uses. To the north are the Twin Cities and Western Railroad corridor and the City's Public Works building and storage area. To the east is a two- story office building with extensive wetland and ponding areas south of it. To the south are office and industrial buildings within the Chanhassen Lakes Business Park. As part of the development of that park, an access easement to this property was created between Lots 2 and 3, Block 1, Chanhassen Lakes Business Park ih Addition. Water and sewer service is available to the site from Audubon Road. Access to the site will be from Audubon Road for automobiles and Lake Drive West for semi-trailers. Access for both parcels will be via a shared private street (driveway). The site has previously been used as a farmstead and as a contractors yard. As part ofthe development of the Chanhassen Lakes Business Park ih Addition, dirt was brought to the western portion of the property. Wetland complexes are located in the northeast and east central portions of the property. These wetlands extend on to the property to the east. The site's high point at 962 is located in the northwest portion of the property slopes to the north toward the railroad with an elevation of935, to the east wetland complexes with an elevation of approximately 940. There are clusters of trees around the northeastern wetland complex and at the farmstead. Those adjacent to the northeast wetland should be preserved. Staff is recommending approval of the subdivision with one outlot and one lot; approval of the site plan with approximately a 71,000 square-foot two-story office-warehouse building, and approval of the wetland alteration permit for impacting wetland 1 only. Audubon Corporate Center/illl Distributors Planning Case 08-07 March 18,2008 Page 3 of 24 APPLICABLE REGUA TIONS Chapter 18, Subdivisions Chapter 20, Article IT, Division 6, Site Plan Review Chapter 20, Article IV, Conditional Use Permits Chapter 20, Article VI, Wetland Protection Chapter 20, Article xxn, "lOP" Industrial Office Park District Chapter 20, Article XXllI, Division 7, Design Standards for Commercial, Industrial and Office- Institutional Developments BACKGROUND On July 10, 1989, the Chanhassen City Council approved CUP #89-2 permitting a landscaping contractor's yard at 8301 Audubon Road. On July 25, 1988, the Chanhassen City Council approved a site plan for an office/warehouse building for Merit Heating and Cooling. The applicant subsequently withdrew the proposal prior to development on the site. The site was used as a single-family residence with a horse barn and horse pasture. SUBDIVISION REVIEW The applicant is requesting subdivision approval for Audubon Corporate Center creating two lots and right-of-way for Audubon Road. Lot 1, the northerly lot, is ~ 2.65 acres. Lot 2, which is also concurrently being reviewed for site plan approval for a 71,500 square- foot, two-story office warehouse building, is 4:-l-l- 3.62 acres. Access to the site is via Audubon Road through a common access to the road and via an access easement through Lots 2 and 3, Block 1, Chanhassen Lakes Business Park 7th Addition south to Lake Drive West. The proposed subdi vision of the property meets all the requirements of the Industrial Office Park District regulations. Until the final wetland impacts can be determined, the northerly lot should remain an outlot. GRADING, DRAINAGE AND EROSION CONTROL i T ~ \~ \\ -- -- - -~ ___ - ___u ___ _______n___ ~ Q: eli,: ~ ~ ~; i .) "l i ~! ~ i ...~c..~ ~ . . o : , :; ~~ ""~=~~-:! ! .~r ,1- !'; ~ I ~J. :: The 7.0 acre site is located south of the Twin Cities and Western Railroad, east of Audubon Road, and north and west of Chanhassen Lakes Business Park 7th Addition. Existing on the site is a farmhouse with a barn and four sheds. Pasture-type vegetation covers most of the site. The site is bisected by a narrow area of wetland. There is also a topsoil fill area on the western part of the site. All of the on-site structures must be removed prior to commencement of grading. Grading will take place on the site to prepare the building pad and parking areas. There is a large amount of topsoil onsite. The site should be mass graded to minimize the truck traffic after completion of the southern property. A 20-foot buffer where no grading can take place is Audubon Corporate Center/IDI Distributors Planning Case 08-07 March 18,2008 Page 4 of 24 required around the wetland on the northern property. The building pad elevation for the northern property should be lowered two feet to minimize the future impact to the wetland. Existing drainage is divided into three main areas. The first drainage area which is approximately 60 percent of the site drains towards the northeast wetland. Drainage area number two is approximately 30 percent of the site and drains toward the wetland east ofthe site. The last drainage area (approximately 10 percent of the site) drains into the existing pond in Chanhassen Lakes Business Park ih Addition, which drains into the wetland east of the site. There are three proposed drainage areas for this site. The first drainage area, which is approximately 65 percent ofthe site, will enter the existing pond created in Chanhassen Lakes Business Park ih Addition. This pond will be enlarged to accommodate the drainage from this proposed development. The second drainage area is approximately 25 percent of the site and will drain towards the wetland in the northeast comer of the site. At the time of development of the northern site, a pond will be created to treat the storm runoff prior to discharge into the wetland. The third drainage area (approximately 10 percent ofthe site) is a wetland area and is part ofthe larger wetland east of the site. Drainage calculations have been provided, but will need to be revised. This site is part of two watershed districts. The northern wetland and drainage area is part of the Bluff Creek Watershed District, where the eastern wetland and drainage is part of the Lake Susan Watershed District. Predevelopment peak discharge rates to the northern wetland and the wetland to the east must be maintained post development. Rational method calculations showing a map of the drainage areas will be needed for the sizing of the storm sewer. An easement is required from the appropriate property owner for any off-site grading. 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. Erosion and Sediment Control A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. The Storm Water Pollution Prevention Plan (SWPPP) has been prepared and supplied to the Carver Soil and Water Conservation District for their review and comment. The SWPPP needs to include the total area disturbed, the total change in impervious surface as well as all pertinent contact information. The SWPPP and erosion control plan needs to specifically address how the pond will be constructed to protect the water quality of the existing pond. This plan should include the dewatering of the pond through appropriate best management practices as well as timing and sequence of construction. All wetlands need to be clearly labeled in the erosion control plan. Audubon Corporate Center/IDI Distributors Planning Case 08-07 March 18,2008 Page 5 of24 The following edits are also needed within the SWPPP: 1. Move the Maintenance section left on the sheet to make the SWPPP more legible. 2. Item 6 under General Provisions shall include language stating that the location shall be readily accessible to any agent requesting the SWPPP. 3. Item 12 under General Provisions shall include language to indicate that the concrete washout area shall be clearly marked on the site and on the plan set. 4. Item 17 under General Provisions shall have the word ''upslope'' stricken and the word "any" added before "soil disturbing activities". As indicated on the plan, erosion control blanket shall be installed on all slopes greater than or equal to 3:1. At a minimum, this includes those slopes immediately east of the existing wetland basins. This appears to have been addressed in the erosion control plan. 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 10:1 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. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets should be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. RET AINING WALLS The proposed retaining walls are as follows: Location Length Maximum Height (approx.) (approx.) East side of the proposed drive line 190 feet 6 feet around the area of the existing wetland. 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. Audubon Corporate Center/illl Distributors Planning Case 08-07 March 18, 2008 Page 6 of 24 SURFACE WATER MANAGEMENT PLAN (SWMP) CONNECTION CHARGES Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on commercial development rates of $6,820 per acre. Total area, less that portion in Outlot A and right-of-way equals 4-:-h! 3.62 acres. Therefore, the water quality fees associated with this project are $24,688.40 28,098.10. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average city wide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Industrial developments have a connection charge of $13,680 per developable acre. This results in a water quantity fee of approximately $49,521.60 53,361.60 for the proposed development. SWMP Credits This project proposes the construction of one NURP pond. The applicant will be credited for 50% of the water quality charge for each acre draining to the NURP pond on site. Subcatchment S2 drains to the NURP pond and has a watershed area of:J..;!.S). 3.62 acres. This is equivalent to a water quality credit of $12,344.20 12,923.90. The developer proposes one outlet structure with energy dissipation BMPs. These two structures result in a $2,500 credit. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $59,365.80 69,036.10. UTILITIES The developer proposes to extend lateral sanitary sewer, watermain and storm sewer within the development. Sanitary sewer and watermain have been stubbed to the property off of Audubon Road. All of the utilities within the property boundary should be privately owned and maintained. These utilities must be covered by a Cross-Access Agreement. An 8-inch, 850 LF watermain loop will service this development. This line will connect to an existing stub off of Audubon Road and an existing 8-inch line installed in Chanhassen Lakes Business Park 7th Addition. Sanitary sewer for this development will extend from the existing stub provided off of Audubon Road. Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water, and storm lines). Actual elevations of existing utilities shall be verified for accuracy. Each new building is subject to sanitary sewer and water hookup charges. This property was assessed for 23 trunk sewer charges during City Project 91-17 A. 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 Audubon Corporate Center/IDI Distributors Planning Case 08-07 March 18,2008 Page 7 of 24 and $4,799 for watermain. Sanitary sewer and watermain hook-up fees may be specially assessed against the parcel at the time of building permit issuance. All ofthese charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. Lateral assessments for sewer and water were paid for with City Project 89-18. 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 (engineer estimate of$12,000.00 x 110%) 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. EASEMENTS 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 Business Park 7th 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. A lO-foot drainage and utility easement has been provided along all public right-of-way. There has also been a 5-foot drainage and utility easement between adjacent properties. SITE ACCESS Access to the site is provided by Audubon Road and Lake Drive West. The proposed drive off of Audubon Road is approximately 84 feet north of the existing Kingdom Hall drive that is across the street. The City's traffic consultant has reviewed the proposed drive access and found that the minimum safe site distance required for passenger vehicles is approximately 70 feet north of the existing Kingdom Hall drive. Tractor-trailers will not be permitted to use this drive as it does not meet the minimum site distance. The access spacing guidelines between adjacent driveways in the 2020 Comprehensive Plan is 230 feet. Since Kingdom Hall peak traffic is at off-peak times of this proposed development, City staff feel that this drive location will be acceptable as long as the minimum site distance requirements have been met. The second access to the site is a tractor-trailer access off of Lake Drive and through Chanhassen Lakes Business Park ih Addition. This access must provide tractor-trailer access to Lots 1 and 2, Block 1. Audubon Corporate Center/IDI Distributors Planning Case 08-07 March 18,2008 Page 8 of24 Upon project completion, the applicant shall submit a set of "as-built" plans signed by a professional civil engineer. Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final plat. This fee is for areas within the city where new developments will impact major roadway systems that the City has identified for improvements. The fee will be based on the commercial rate of $3,600 per developable acre. MISCELLANEOUS 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. Concept sketches have been provided to the City for the northern parcel. It is unclear at this time the size of the building or parking lot that will fit on this parcel. The proposed pond is shown only to show that the drainage for the northern site can be accommodated. OTHER AGENCIES 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. TREE PRESERVATION Existing trees on the north lot include several large oaks near the wetland area and outside of the proposed building pad or parking lot. However, grading on the lot extends to and, in places, over the wetland edge and eliminates these trees. Because of their proximity to the wetland and location outside of any proposed usable area, staff recommends that retaining walls be required at the edge of the buildable area and all trees be preserved. PARKS AND RECREATION Parks This property is located within the park service area of Sunset Ridge Neighborhood Park. This 10- acre property features off-street parking, a ball field, basketball court, play area, trails, a wetland and open space. No additional parkland acquisition is being recommended as a condition of approval for this subdivision. Trails The subject site has convenient access to the Audubon Road pedestrian trail. The applicant should be required to protect and maintain access to this public amenity during the construction of their project. The Audubon Road trail connects to the Lake Drive West pedestrian trail just south ofthis Audubon Corporate Center/illl Distributors Planning Case 08-07 March 18,2008 Page 9 of 24 proposed subdivision providing convenient access to Sunset Ridge Park and the remainder of the City's trail system. No additional trail construction is being recommended as a condition of approval for this subdivision. It is recommended that full park fees in lieu of parkland dedication and/or trail construction 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. For 2008, the required park fee is $12,500.00 per acre. COMPLIANCE TABLE Area Frontage Depth Notes (square feet) (feet) (feet) Code 43,560 200 200 1.0 acre Lot 1 91,038 ~ ~ ~ 2.65 115,555 308 308 acres Lot 2 179,118 ~ 4e+ 4d-l- 3.62 157,631 328 458 acres Right-of-way 31,555 0.72 acre Total 304.740 6.99 acres Setbacks: Front Side Rear Wetland** Building (ft.) 30 10 10 50 Parking (ft.) 30* o o 35 Notes: *Parking setback may be reduced to 10 feet through the use of berming and landscaping to provide 100% screening of the parking area. **Includes a 20-foot wetland buffer. GENERAL SITE PLAN/ARCHITECTURE ARCHITECTURAL COMPLIANCE Audubon Corporate Center/IDI Distributors Planning Case 08-07 March 18,2008 Page 10 of24 second story, office area. The second phase of development will include a 16,272 square-foot expansion of the building. Size Portion Placement The main entrance to the building is located on the west side of the building in the center of the first phase ofthe development. The entrance is covered by metal canopy. The entrance is further emphasized by cultured stone veneer, flanking columns, and a raised, arched parapet with a decretive, keystone voussoir at the center of the arch. The entrance is projected out five feet from the main area of the building, stepping back four feet in the area of the two-story window projections, which then steps back one foot to the main building. Since the offices are located on the second story of the building, the window treatments along the entire front of the building are also pushed up to the second level. Material, Detail and Color The building material is Fabcon exposed aggregate panels. The recessed office walls consist of red rock panels with cultured stone veneer (Western ledge Stak Mustang with stone cap). The window towers consist of buff-colored, smooth-finished, exposed aggregate concrete panels. Window sills consist of Mojave-colored (tan) burnished block. The majority ofthe building, around the warehouse, consists of buff-colored uniform low ribbed, exposed aggregate, concrete panels with a smooth band around the building. The windows consist of Hartford green aluminum frames with clear glass. Green sprandral glass panels are located in the upper two panes of the end unit office windows. A Hartford green prefinished metal coping caps the raised parapet walls with medium bronze prefinished metal coping on the balance of the parapets. Architectural lighting is proposed in the window towers above each window and above the entrance canopy. Height and Roof Design Height is limited to 4 stories or 50 feet in the Industrial Office Park District. The building has a stepped parapet height with the recessed wall areas at a height of 31 feet, the stepped window areas at a height of 35 feet and the main entrance with a curved parapet at a height of 45 feet. Mechanical equipment on the roof shall be screened through the use oflow-profile units and placement away from the edges ofthe roof. No wooden fences are permitted on the roof for equipment screening. Facade Transparency Over 50 percent of the office elevation that is viewed from Audubon Road includes windows and/or doors. All other areas shall include landscaping material and architectural detailing and articulation. Audubon Corporate Center/IDI Distributors Planning Case 08-07 March 18,2008 Page 11 of24 Site Furnishing The developer is proposing a canopy over the main entrance to the building. They should also incorporate an outdoor break area with picnic tables or benches for employee use. The developer should also provide a pedestrian connection from the site to the trail on Audubon Road. Pedestrian ramps shall be installed at all curbs along this pathway. Loading areas, refuse area, etc. Loading areas are located on the southeast comer of the building, which is screened from public view by the building. Semi-trailer access to the site will be limited to the Lake Drive West access. No specific refuse area is proposed. A note on the plan states that dumpsters will be set inside the building and wheeled through the drive-in overhead door. An area north ofthe retaining wall in the truck docking area could be utilized as dumpster location. Landscaping Minimum requirements for landscaping include 6,071 square feet oflandscaped area around the parking lot, 24 trees for the parking lot, and boulevard trees along Audubon Road. The applicant's proposed landscaping as compared to the requirements for landscape area and parking lot trees is shown in the following table. Boulevard trees/Audubon Rd Required 6,071 sq. ft. 24 overstory 12 islands or peninsulas 10 overstory Proposed 57,330 sq. ft. 4 overstory 8 islands/peninsulas 7 overstory Vehicular use landscape area Trees/ parking lot The applicant does not meet minimum requirement for landscaping quantities and will be required to increase quantities in order to meet minimums. Bufferyard Requirements The applicant does not meet minimum requirements for bufferyard plantings. Staff recommends that the applicant increase the quantity of canopy trees in those areas to meet minimum requirements. In the future expansion area, the applicant has proposed a standard grass mix. The area is nearly an acre in size and could be temporarily covered with an alternative landscape that would require less maintenance and provide a potential area for an outdoor employee break area. Staff proposes that the applicant seed the area with a fescue mix and plant it with aspens to create a temporary grove. This species will provide quick cover and could be easily removed when the expansion is needed. In the meantime they would provide the general benefits of trees such as a reduced heat island effect and stormwater runoff reduction. Audubon Corporate Center/IDI Distributors Planning Case 08-07 March 18,2008 Page 12 of24 Existing trees on the north lot include several large oaks near the wetland area and outside of the proposed building pad or parking lot. However, grading on the lot extends to and, in places, over the wetland edge and eliminates these trees. Because of their proximity to the wetland and location outside of any proposed usable area, staff recommends that retaining walls be required at the edge of the buildable area and all trees be preserved. Required Proposed South property line 5 canopy trees 5 canopy trees bufferyard B - 20' x 360' 7 understory trees 3 understory trees 13 shrubs o shrubs East property line 4 canopy trees 5 existing trees bufferyard B - 20' x 320' 6 understory trees Existing grass and wetlands 12 shrubs West property line 6 canopy trees 7 canopy trees bufferyard C - 30' x 320' 16 understory trees 17 understory trees 22 shrubs 21 shrubs Lot Frontage and Parking location Parking for the building is distributed around the building. Approximately 50 percent ofthe parking is located between the front fa9ade and Audubon Road. The balance is on the north and east sides of the building. Lighting/Signage Architectural lighting is proposed, exterior finish note number 23, in most of the window tower features and above the entrance canopy. Such lighting may only be downcast. A decorative, shoebox fixture (high-pressure sodium vapor lamps) with a square ornamental pole shall be used throughout the development area for area lighting. Site lighting is limited to a height of 30 feet. The development plans show metal halide lighting, which must be revised to high- pressure sodium vapor. All light fixtures shall be shielded. The developer is showing a monument sign at the driveway entrance of the property. All free- standing parcel signs shall be limited to monument signs. The sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. The applicant is also showing wall signage at the building entrance. Wall signage shall comply with City Code requirements for signage in the industrial office park. Sign must use individual dimension letters with a minimum of one-half inch depth. Logos may not exceed 15 percent of the signage area. Wall signage shall be backlit if illuminated. A separate sign permit is required for signage. Audubon Corporate Center/illI Distributors Planning Case 08-07 March 18,2008 Page 13 of 24 Miscellaneous A 3- foot clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved, Section 508.5.5 MSFC. 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 gaining immediate access to fire protection equipment or fire hydrants, Section 508.5.4 MSFC. No burning shall be issued for trees to be removed. Trees and shrubs must be removed from site or chipped. Fire hydrant locations are acceptable. 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. Yellow curbing and no parking fire lane signs will be required. The developer shall contact Chanhassen Fire Marshall for exact location of yellow curbing and locations of signs to be installed. COMPLIANCE TABLE lOP IDI Buildin2 Building Height 4 stories 2 story 50 feet 45 feet Building Setback N - 10' E - 10' N -++ 36' E -100' W - 30' S - 10' W - 95' S - 16' Wetland Setback: 20' buffer 20' buffer Building 30' to buffer 50' to buffer Parking 15' to buffer 15' to buffer Parking Stalls &e 71 stalls 99 76 stalls (Office 5/1,000 with 10,0007,000 sq. ft. of office equals ~ 35 stalls. Warehouse 1/1,000 for first 10,000, then 1/2,000 thereafter with 61,472 sq. ft. of warehouse equals 36 stalls.) Parking Setback N - 0' E - 10' W - 30' S - 0' N -23'E-14' W - 30' S - 10' Hard Surface Coverage 70% +G 69% Lot Area 1 acre 4:-l+ 3.62acres Audubon Corporate Center/IDI Distributors Planning Case 08-07 March 18,2008 Page 14 of24 WETLAND ALTERATION PERMIT Existing Wetlands Three jurisdictional wetlands exist on site. Wetland and Wildlife Consulting, Inc. delineated these wetlands on August 8, 2007 and provided a report dated October 26, 2007. The wetland delineation was reviewed by the City ofChanhassen on November 4,2007. The delineated boundaries were determined to reflect the jurisdictional extent of the wetlands. Wetland 1, located immediately north of the existing drive, and Wetland 2, located adjacent to the railroad corridor on the north side of the property, are considered one basin in the Chanhassen Surface Water Management Plan, but field conditions indicated that the two basins are separate. According to the wetland inventory, Wetland 1 is classified as a Manage 2 wetland. Although the wetland located southwesterly on the property was not assessed using the MN Routine Assessment Method, all indications were that it is a severely degraded wetland that would more likely be classified as Manage 3. The wetland was dominated by reed canary grass and agricultural weeds with a considerable amount of debris throughout. It is conceivable that the wetland was created with the stockpile of soil materials on the site but conclusive evidence to this fact has not been found. The remaining wetlands are classified as Manage 2 which is appropriate for the basins. Wetland 1 will be impacted in its entirety. The applicant is proposing to mitigate for this impact through the purchase of wetland banking credits. It is the City's policy to require mitigation to occur within the City boundaries. However, given the severely degraded nature of the wetland and the difficulties associated with creating a wetland on this site, staff recommends allowing mitigation to occur through the use of bank credits. There are three jurisdictional wetlands located at least partially on the property being proposed for subdivision. This property is identified as PIN 019-250140900. Wetland 1 is located immediately north of the existing driveway access. Wetland 2 is located in the northern portion of the property adjacent to the railway corridor. Wetland 3 is located in the southeast comer of the property. The current plan for the IDI Distributor facility calls for filling Wetland 1 in its entirety. This wetland is located in what is proposed to be Lot 2. Wetland 1 is a degraded wetland which is dominated by reed canary grass, an invasive plant species, and other agricultural weeds. Additionally, fill materials and general debris is located throughout this basin. The applicant is proposing to mitigate for this wetland through the purchase of wetland bank credits. The applicant has provided a signed application but needs to 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 Audubon Corporate Center/IDI Distributors Planning Case 08-07 March 18,2008 Page 15 of24 decision on the proposed impacts and mitigation can be made. It appears that sequencing flexibility would be applicable to this wetland. A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be maintained around the wetland. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. That portion ofthe wetland buffer adjacent to the proposed earthwork should be planted in a suitable native seed mix. 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. While secondary structures are allowed to encroach into the setback by up to 50% of the setback width, it appears that a portion of the retaining wall extends beyond the allowed 50% encroachment. This wall needs to be moved westerly so it does not exceed the 50% allowed encroachment. As the area at the toe ofthe retaining wall is unlikely to be mowed, a suitable BWSR seed mix should be called out for the setback below the retaining wall within the area to be graded. Wetland 2 is located in what has been called Lot 1. The applicant was asked to provide a conceptual grading plan for this parcel to show that a buildable parcel would remain after subdivision. This conceptual drawing indicates two wetland impacts. 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, must provide sediment and erosion control best management practices to protect the wetland and the buffer area. Further, no grading can occur within 20 feet of the wetland boundary. In order for any impacts to occur on the northern parcel, Lot 1 which is recommended as 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 would be required. The applicant would need 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. No impacts are indicated for Wetland 3 and a no net loss decision will be rendered for this area. LAKES and BLUFFS The proposed project is not within any shoreland district. There are no bluff zones located on the property. Audubon Corporate Center/illI Distributors Planning Case 08-07 March 18,2008 Page 16 of 24 RECOMMENDA TION Staff and recommends that the Planning Commission recommend that the Chanhassen City Council adopt the following three motions for Planning Case #08-07 and adoption of the attached findings of fact and recommendation: A. "The Chanhassen Planning Commission recommends that City Council approves the subdivision (preliminary and final plat) creating one lot and one outlot and right-of-way for Audubon Road, plans prepared by McCombs Frank Roos Associates, Inc, dated 02/15/08, revised 04/04/08, subject to the following conditions: 1. Lot 1, as shown in the preliminary plat, 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 ofthis IS-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. Audubon Corporate Center/illl Distributors Planning Case 08-07 March 18,2008 Page 17 of 24 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. 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: Tvpe of Slope Steeper than 3: 1 10:1 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. 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 $59,365.80. 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. Audubon Corporate CenterlIDI Distributors Planning Case 08-07 March 18, 2008 Page 18 of 24 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. 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. Audubon Corporate Center/IDI Distributors Planning Case 08-07 March 18,2008 Page 19 of 24 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 connection into Chanhassen Lakes Business Park 7th 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 Business Park ih 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 Audubon Corporate Center/IDI Distributors Planning Case 08-07 March 18,2008 Page 20 of 24 will be limited to passenger vehicles only. Truck-trailer access must be provided to Lot 1, Block 1 through Chanhassen Lakes Business Park ih 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. 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." B. "The Chanhassen Planning Commission recommends that City Council approves 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 Bouwman Architects, dated 01-24-08, revised 03-05- 08 and 04-04-08, 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. Audubon Corporate Center/illl Distributors Planning Case 08-07 March 18, 2008 Page 21 of 24 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. 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 IS-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: Tvpe of Slope Steeper than 3: 1 10:1 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.) Audubon Corporate Center/illI Distributors Planning Case 08-07 March 18,2008 Page 22 of 24 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. 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 as otherwise required or approved Section 508.5.5 MSFC. 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 gaining immediate access to fire protection equipment or fire hydrants. Section 508.5.4 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. 26. Dumpsters, if placed outside, shall be properly screened." C. "The Chanhassen Planning Commission recommends that City Council approves the Wetland Alteration Permit for the grading and filling of wetlands on the site, plans prepared by, dated received February 29,2008, revised 04/04/08, 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 Hst and Audubon Corporate Center/IDI Distributors Planning Case 08-07 March 18, 2008 Page 23 of 24 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. 2. A wetland buffer 20 feet in width and a 3D-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 IS-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." Audubon Corporate Center/illI Distributors Planning Case 08-07 March 18, 2008 Page 24 of 24 ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced Copy Grading Plan. 4. Reduced Copy North Lot Grading & Wetland Impact Plan. 5. Reduced Copy Utility Plan. 6. Reduced Copy Erosion Control Plan/SWPPP. 7. Reduced Copy Landscape Plan. 8. Reduced Copy Landscape Details. 9. Reduced Copy Tree Preservation Plan. 10. Reduced Copy Boundary/Topographic Survey. 11. Reduced Copy Preliminary Plat. 12. Reduced Copy Audubon Corporate Center 1 st Addition. 13. Letter From Chip Hentges to Robert Generous dated March 4, 2008. 14. Public Hearing Notice and Mailing List. g:\plan\2008 planning cases\08-07 audubon corporate center-idi distributors\staff reporLdoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Eden Trace Corporation!IDI Distributors and Equitable Holding Company LLC for Subdivision approval of seven acres into two lots and public right-of-way; Site Plan approval for a 71,500 square-foot, two-story, office-warehouse building to be built in two phases (55,200 square-foot two-story office/warehouse building with a future 16,272 square-foot expansion); and a Wetland Alteration Permit to alter or fill wetlands on site. On March 18, 2008, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Eden Trace Corporation!ID1 Distributors and Equitable Holding Company LLC for subdivision, site plan and wetland alteration approval. The Planning Commission conducted a public hearing on the proposed development preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Industrial Office Park, lOP. 2. The property is guided in the Land Use Plan for Office/Industrial. 3. The legal description ofthe property is: Part ofthe North half of the Southwest Quarter of Section 14, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point on the west line of said North half of the Southwest Quarter, 821.90 feet, measured along said west line, southerly pf the northwest comer of said North Half of the Southwest Quarter said west line assumed to bear South 2 degrees 11 minutes 01 seconds East; thence North 87 degrees 48 minutes 59 seconds East, a distance of 550.00 feet; thence North 2 degrees 11 minutes 01 seconds West, parallel with said west line, a distance of 180.00 feet; thence North 32 degrees 05 minutes 05 seconds West, a distance of 662.31 feet to the southeasterly right of way line ofthe Chicago, Milwaukee, S1. Paul and Pacific Railroad, as recorded in Bock 23 of Deed, page 266; thence South 55 degrees 32 minutes 41 seconds West, along said southeasterly right of way line, a distance of260.00 feet to said west line of the North half of the Southwest quarter; thence South 2 degrees 11 minutes 01 seconds East, along said west line, a distance of 615.3 2 feet to the point of beginning. Subject to County Road No. 17 over the westerly 33.00 feet ofthe above described parcel. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: 1 a. The proposed subdivision is consistent with the zoning ordinance; Finding: The proposed subdivision exceeds the minimum requirements ofthe lOP district regulations. b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with all city, county and regional plans, specifically, the City of Chanhassen Comprehensive Plan which guides the property for Office/Industrial uses. c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The physical characteristics of the site are suitable for the proposed development subject to the conditions of the staff report. d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure subject to compliance with the conditions of approval. e. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage and shall provide storm water management/water quality improvements as well as install additional landscaping. f. The proposed subdivision will not conflict with easements of record; and Finding: The proposed subdivision will not conflict with easements of record and will provide additional drainage and utility easements. g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. 2 Finding: The proposed subdivision is served by adequate urban infrastructure subject to compliance with the conditions of approval. 5. Site Plan Review: a. Is consistent with the elements and objectives ofthe city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; Finding: The proposed development is with the elements and objectives of the city's development guides. b. Is consistent with site plan division; Finding: The proposed development is complies with the Site Plan review requirements of the Chanhassen City Code. c. Preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas; Finding: The site has been significantly altered by previous uses on the parcel. The proposed development designs grade changes to be in keeping with the general appearance of the neighboring developed areas. d. Creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; Finding: The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development. e. Creates a functional and harmonious design for structures and site features, with special attention to the following: 1) An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; 2) The amount and location of open space and landscaping; 3) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms oflocation and number of access points to the public streets, width of 3 interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. Finding: The proposed development creates a functional and harmonious design for structures and site features, subject to compliance with the conditions of approval. e. Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and traffic circulation. 6. Wetland Alteration (follows Conditional Use Permit criteria): a. The proposed project will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed project will be consistent with the objectives of the city's comprehensive plan and the zoning chapter of the City Code. c. The proposed project will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed project will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. The proposed project ill not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. The proposed project will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed project will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 4 1. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. The proposed project will be aesthetically compatible with the area. k. The proposed project will not depreciate surrounding property values. 1. The proposed project will meet standards prescribed for certain uses as provided in this article. 7. The planning report #08-07, dated March 18,2008 prepared by Robert Generous, et aI, is incorporated herein. 5 RECOMMENDATION The Planning Commission recommends that the City Council approve the Subdivision for Audubon Corporate Center, the Site Plan for IDI Distributors and a Wetland Alteration Permit subject to the recommended conditions of approval contained within the staff report. ADOPTED by the Chanhassen Planning Commission this 18th day of March 2008. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 6 Planning Case No, 0<3 -01 CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 CITY OF CHANHASSEN RECEIVED FEB 1 5 2008 DEVELOPMENT REVIEW APPLICA TIO!;:fANHAssEN PLANNING DEPT PLEASE PRINT Applicant Name and Address: f:deJ\lrou Corp. J IO~ /)isff ib~(s ~'Slo Ma\\ory ~lJ.rt c.,~o.l\""C\s~el\ MrJ ;0:;531, Contact: ~(k Ltnd e $"W Phone: qS"2, ~ \ 01'l:z.. Fax: 'l&t Jfo I 01 z., 3 Email: rY\~(l< e eJtI\-f"ro.u. (1)(1... Owner Name and Address: l:.~i+().b\e l-k\dl~'1 Co. LLC 1f,-~ 1 Et'\-h ble D(' Ed<l\ Pt"'Ctlr;{'. M,.) 5~ 34Lf Contact: j't\t' NO\fo,("(}.+'Z. Phone: Fax: Email: NOTE: Consultation with City staff is reauired prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) Vacation of Right-of-Way/Easements 0/AC) Interim Use Permit (IUP) Variance (VAR) -/ Wetland Alteration Permit (WAP) "l ( ..; Non-conforming Use Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits V Subdivision* 5Db' 1 ?J;O,'" 550. - '-( Notification Sign -($200.. (City to install and remove) X Escrow for Filing Fees/Attorney Cost** S~().- Iou _ $50 CUP/SPRlVACNARlWAP/Metes & Bounds - $450 Minor SUB,.-- {) D TOTAL FEE $ 2., ~ '.:> , -I- 'O~~~"L OUVh Sign Plan Review /' '''o~ 10/11' t" J~ Site Plan Review (SPR)* 7' ' An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. t; 3'7/'::; <...1::::_-+\ \ ~o7~ t *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a diaital COpy in TIFF-Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: :tD:I:. D\ S-h"\hlA1--of"So LOCATION: ~:30\ -Audv.'bot\ CRcncL LEGAL DESCRIPTION AND PID: dS -0 \ 4 C) q 0 () TOTAL ACREAGE: 4. \9 WETLANDS PRESENT: PRESENT ZONING: X YES I. Or NO REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. z- - I ~ ....-Q ~ Date Signature of Applicant ~ Signature of Fee Owner ot/i? f ate r,'\nl;m\fnrm,,\nF>VF>lnnmF>nt RF>viF>W Annlir-"ltinn nnr. RF>V 1/OR SCANNED '~~!lll~~:_..<%~ \... .,,,.' " , 1'''' ~\ . \r" i ~ IACKIYCUR8 PARII;lNCLOT ENTRANCE: ,. . INSTAllIN[w!l6'e~ . GUTTER. IolATCH [XIST~GCUR8GR.\OES~- ~wcu, BlMlHOO W[ET"'HOIolAT rSTINGPAYEUOl I I I I I I I 1 1 .... '. /I~-. ,-,-:::~~~j;~~_~:i~t=_~H~:~~s~~~*R~&~tt~~*~Y:tf:~:r:-:- 1( h I ._.~__n~ '- .-t:<-.. I -'~'-'-+--'~r-'-'~'- \ LEGEND CUlll6llmll ........ --.... 'OiIIO:r.u.JlfWlI WU1!R_ ....... ~... .""'" m.... SPOTEU\lA1lOIl ...~ CM.RflOW!lEY. __>>--10--"____ ..-. >---eo--..--o 0-->"'>--00---....--0 -1--+-'---9- _w_ -Ul--~ -Ul__'" - - . @ -+J:!:. GRADING NOTES "...."""'__"_--....-..o:>cTl*_Of....__UIll'aI_ __-...OOIIfAC'................'...M_....llI......_..,_...".... ..."""'_____.."....~.OI_I...__....._-.._. __"......._.._Il.~......~......411U...."A___ ................--"'...-...............----.........-...- --_Go......... ...*'-1-..001....___..___.___ ....-......__a..__.. ........""".....................--.....__..... __...__..........__......_c ...""..""..~.._llIClI_~._____.._... ...,...............-.................---.................................-.... _...___..........__........._._U.....,'......M.._ __....OlI....IlOII_......__..-..::'_nu:...._OI...__ -.""...-..-....-"'................"""''''''''''''........-...........- ""...._-..~.......___.__W_OI... _...._...._IlI__....-.........__._..._TlIIIHIU. ..-...-,.......--.......--..........- '-'FRA _"'FnnllRaoI _I... JlKIl",-,,1IbIfl."1CI ,.,........--.."" --~.= Client Eden Trace .lst"IlI..,C_ CUM.......NIU11 Project 101 Distributors ~---_.'-'_.~~- I Audubon Road Location ""_............_U..._..____HWal"""..-. _.-.~_._.._....._..._'..'--_......- ...__IHIIJ._.._"_._....OI~_,T_ _IO......_...._"_~.III............_.""._____ ~~:~~~~=:~~!;:E*-E~;:.::::- I C.........M .. ...lIIm_(JlJOIIl....-.....__...___....._....__ ..""___""".._.........._.._ll.'...__.....................""" --..............."........--.---..--"""""'..-- ........"""""....--.........---..---...-- _.....-..OlI......_OI.....____.._M__lII.. _OI__OHCIW>...--........_..........._.._c-....__ .........--"'.--.........-.-..--....--......... ..-........._...__110O....._""'._-.--.- _"'..""_<:<11IO_....___._ .~ ___"',.,....__...._.....tuI""'......."......._ "'_'_"'_"_'__"__l"-"_.__ ...1ll.........._""__0I0____1_...........___0/I-~" II. ...,...If__.......__.....__.-....__.............. 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'1. ...._........-...LOCA""'._......_......._..-.........._ -......---..-.........-...---..............-........""".......... _''''......._111I.......__01__....._.........,__ ._...._.........__001_..___01__. . .-.....-...-.-.....--...--"---.........................- '""".."......_~...._..........,-_._--_..- ..............--.....-..-...""..--...-..-.....-..... -..-.....--.--......-....--..-.....-"'- ~ o 30 60 ------....... ScalelnFe81: Certillcallon 1......,.,.".II.._~.-' __."'......""1___ :'_.....::::t=~OONEfR D....U,FlOIIlI.. ~...._IIO. %2434 .--......---........-. ---.----... --- Summary o.ItH* . 0nwII: ~ A~~__ ta INk I,. "ase:l'fI[lJIliIWl'I' WU.....cDVI'i2ODl Revision History ~ ::. ~.. .=~:'='":"...~ Sheet Title GRADING PLAN Sheet Number Revision C1 ProJect No. EDE17481 LEGENO ./ ,/ CUfl.IWT1'EJI -.... --.... fOllCElWItWl.) WAlEIIlIMI ........ ..... ""'''' """"" sPOTflfYATOI ~ W"" lIynfl,owEU\'. ==-- ~ __>>--10--..--. e----> ---e 0--"--0 0-->",,)--0 ~....--o -1--+-'---9- j/)/ I I I I 1,,",,-, I II I I ,. II 1\ :\ I ) I I I I I I I I / /" ' /"" , --:?" " /' /~ ~~' 1>11000_1<10...............___.......-"'_11___.. ___.._-............................-.0........._...,....__..""......... _~_Tllli~___...M~, ./ " ./ -tlT--u'_ - - . . _;:- _______nn ...... ./ ./ ./ GRADING NOTES . M____INCTOM......._...-'UICIo_OO.......___ -...-.........,..............-.,...---.,'-,...................- .__1D..........,--.....__...-........._'.__....0Il..._... ""'"""''''''''"...._..........----~ ,,~......l'O._.M_._"..._____""'_..._ __.IHI...... .........Iltt._,.___..___--....._...... ......,_~.IIG......,....__OOI.......loIIl......-....,......_..._..._ _.....__.._........._._'..._UUlO......____....1lI/n' ..1>lI_..........._lII.......".-....................___....,_. __.....~.....""'..._5OI(T'I_1O,0II._..._~"'" ...COII_IIlI_~...IIIlI__.....,_.__...__....._... _.......111__.-.........._10..._...._""".......11___ --....--,......---"'...- _1II~..IlOI_II......,.,......'III,.l._....'___...____1lII ..._TOIl......._._......"'oau__.__............,_-........ ~_..IHI.OQU_.._I.........~._"'aool<""..WOQU_""..._--. __.I<'_..,...llIIllOll_AMIl.......____........-lOU-.ll-... ___..._.OI...IOU_ ..........I\lIO_......--..I\lIO_IoIO____tII:II._....._ 1_.___.............n1O_..._0I___.___ ......._.._.._.__01_.._._ II ...__._.._-'...._...___W..._...__...... 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M'llIlQlOO____..._OCI:&f\Il_-...........__......_.lOl... ""'.-...-..........----.- . ....._.....___........._._...__1Ol_.._...__ _.._1......- :.....) . _...onI_._na.._lIO_'_.........__1I..._-..._MJ. __...'_......'flllII.._tlUC.....\IIl_..._....IIII.I..._...,... IT. ..._.____...UIC.t_lIf........._...._._.._..ItII:_ ....lII.C_....'''''4....lI__...__.__......_,..._''"'......-.._ ll4I-"'OOlll4l_.._...__....._..._""'___.....-.. _MJ.___..._..____1If__. ... ._-----_....-.._--..~............__I. ..IDGOI_......_.OOU....,__.__-...-........Ii_.............. ____..._...lUCMlI........""""'OI_....___...._1IllI _-...__lMIllIt_...__._....I_lII'_...._ ~ o 30 60 ---------- Scale In Feel: ,ii HIlD.....MII'&..UD ,...............sw th1n<<~...~ -- Client Eden Trace .,KWotyCowt cu....., Mil U311 Project 101 Distributors Location Audubon Road CUIIhIII-.MIl Certification '......,Dllllylllll.........NlIOII _1Il.......,..._____ :.~::::.=:"'flGlWl O....A.RoelI.. ~~.~1Io. 22434 .--......--...--. ---.----... --- Summary 0.11_. Df_JJ ~1llI ....,. ,...u:~ )lldlll,"-w,5nOOI Revision History ....om.., 1..IIIIIl..'Il",. - -- ..... --.-....- Sheet Title NORTH LOT GRADING & WETLAND IMPACT PLAN Sheet Number Revision C2 Project No. E0E17481 i c !1J!j~n . a: I 11'1 ~.-~~ .11 i~'t !iinllll Ii Ill! ill IInTI'" 11111 iil : WIUul CD .., os ~ c C .. CD c:; ~ f! o '$ E .. g is .t e IIi hll ~iW -;; 1'1 f. ~fiii ~f,;; IiI' I II II ,1J H "1 h ~>. ", ., OE 01 d.-'! ! L >- ~! f >N 'J :a ~ C I ~qll ~il.!~i! ~..II ..! ..c1- 5 .."- ~~ :~ .0.... ..:::l \ ' X \ "' " " " \. "', ., ". " j ", " ) , \b ~-. '/' '> / ")' /" ./ ;;;:;>/ ./ ~ ./ t!Ja / ~il! i~ "\ " 'Cl os o a: c C 0 o ..Q '" ., 'Cl u '" .3 < 1 i i ! i , ~ ~ i~ ~,n I 01 1~:.i~li .' ~ t ~ I: o!~~.o~~ ~ ~. !:~;. i: ~8"g.~ ~I S ~~. I I ~I ~~~~oi.ij i~ i ii;:J ~I .......I!!~~iI~ il ~~~! ~ ~ ~ ~I u~~~ ~~ I~I ~ ~;~ . : ~ f ~ ~ ~j ~~~UI~! ~~g 'il~ I. go! i i .ft il~;~=~~ il= I i.~i ; I ! 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GENERAL EROSION NOTES: ..._-..._._....._......._CC_...._..UI;"....._._...._..-.__._ ---......--,-....-.-.-...-..-.. ...__.-'AC..IUINI_IlU......"'""""""".,WlT._____.._..........'-"Ca...OO........... -......___.......__...IlO...'....._,.<I1Ul8_<lIIOU:,.......___OOIHl.......... .......,_...........u......JH&iJ.....,_.....""""""!IIII..~_.._.,.ll...CIU.,__'..'"'.._ ..........__.n___,........WMlRI_"'"'___....__WOO.._...__ __'11__,._01_...._..1&0_.....-. o 50 100 ... - - -- I ___._._........................_..__........._00UIt1lII....__"". 1_""____...TIII__n_.._.QO.._..~_......._...._,u.... -..... .. ::=.:=.:"'...:=-......"':."=:..CO:-...:..":==~=:"---..........,,_OI'I........ ...___..................._._11I.__.._1\1___......__.... _T.1lI.""""""'...........HWI...............f(IIl___1II.....-._IIlI..-......__.... 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I. 1l~'<OIOI__"__""_'~ PHASE.: -''''''-- -,............-.-.---...-... ----'"--.....-............ .........-- .........--......_11__-- -....-.------.. 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DI..-eIllO_..MIIfI_____..._,t_........_.__.............M_.._ ....,.._......___flI..._.....__.......-"OlM_ . .......-..---.........-...------.-----......."'.-.. __..._..._,.......__'...'..-...011........"___....._...___..._ _............11I_....__..."'--'._.__.._.......""_..__... ... _1....._._...--............---...-.---.-.-..-.1--- _....._...........f1II.........___._____ . _____...._."11""".......__-...1_........_.........__.__ __"_'..""'.._01_.._ .. ..."'fIII___...-.-....._...._""'tIilU...._..__..___.... 1tJO:O,__.......__-.JIf,.jfll__ . 1ll.__-...I...~..............__..'._......_Of""OI:.._"""'___...IUIllI......._... ..'-...-........--- SITE LOCATION MAP _ro"", 'mFRA ---- -.... f<<lI......,........,. ,.........--....., --~= Client Eden Trace 115fllld",C'" ~1ll.W1J Project IDI Distributors Location Audubon Road C...........M11 Certification 1......,.~NlNI_____.'*"' ....II'.....~..._.,...IlI_ :.~::::.=::-lNlINUR nnw A. "'... ~""_Ilo. UolS4 =-=?-..":::..--::"-::="":" Summary 0.... . Dr,...l.I A"awM: till I..,...,.: "'_m~IIIIllIl"".:OVf$/2flOl Revision History .,.01.1, '.."""./IIMIlII . ....... _ __c........ Sheet Title EROSION CONTROL PLAN I SWPPP Sheet Number Revision C4 Project No. EDE17 481 c gj~U i .~ . a: H fl'l t? 'C .f! II. j! hi 0 .. Iii "5 0 ~I ~ ;; a: c :E U .. H E c 0 [..I :c- ~ c 0 I i c - I H u ~ 0 .0 I 0 i: c ., Cl ~ '" ]is ., .. !~ '0_ 'C ~ ~Jh >0 = 'C D: !:! '" ! ~1 u ... .... cc u z :3 0.. ... 0.. .,cc =y ;::'" -Cl ::z ~:3 I - - " ~ . . - - ..:... ~ I . . . . . . A I ~ . . f-': T ~ :. i I I I ~ I I ~ I I i ~ V I I ! . I ~ 9 ~ f ) Ii j I J I i , I , j f I } f J Ifl h III . ~ ~ 0 e o. , ~ g j o ~ ~ - ~ .~ ~ "~ d~ g ,Ii q~ ~ ~~ ~ IIi 0~D i, .J ~~J II II I ~~ Ii !~s i.1 II~ ~ Ii lit Iii !i r~i " :~ ill at. SSJ ('l Ig il ii, Iii I: ~iE ~ II :11 . ~;i ~l! .1 ," el~ "I' "I" l' If II !i; !:i i:i il'!! !I I i~~ 'll ~ii Kl Ii !I I:, hi !I; II! Ii ,II wi; i"1 Ihi h~ !I i !ie iill :!~ ~il !i~ c2 ~ III ld .oi I~ 0 Q..~ d < w II. i 11'1 ai~ .lli h~l ~. ~ ~ . i i I! ,.~.~ I~ r "I' ~ . ~ Ill: . ShloU1 ;2.. , a i ~ " .; U ~II -In I I d .~ ~! i- !. i. I ~ d~~ )1 ~:ii !:!i J;qq c o ;;; t a: .. ~ ~ ~,... ~ ~.... ~ _<_- jl -. ---= . --_.~-:-::=:::::::-~ ~ - ---- ........- -_____u- \ "--..!... \ , \ tV 1+19 \ ~. ~ - -_.__. avo~ Noenan Ii I Ii ~ ~ ~ l!! ~~ U" IE Ii ...,.lm. .:.~, " I I I I --- MUlOl.""'1IIt.........,... .........""""1ICIQl1ll.U1l -~~ ROC,. 1--; 1 ~ CD FOUNDATION PUNTING DETAIl. 0 10 2.0 -..,..... ----...j-..-,....... ""'.... _ PLANTING NOTES =~~!"~T=~~,z 2.I.U.~WSl.SftWOHT~_JlJU.Ml.\DQ)_ lIt(1olU.ll(~TSVWflD). ~1H[L/IIlD$CN'(HIl(M'I(CTIIlsrJM.S1H[_Tft)llU:CT ~~T5~..~~='--"lIVACTOI:YIlUCJlI, "llOlUB51I'TUTlCINIOf"-ANT10AmlIALSHALl.K.oeetPlal -.us ~ 1II __IY 1Ht ~Sc.AP( Mt>II1[CT. I. AU. I'I.UI'IIICSTOCll511AU.elM"tIIIIITO'IM(oMl(IlIC.tM ~~~~~~.l~~~(I' ~~i:?b~~~:;~~~ :.:.o~~~,ltIl\Nl1tD.IoII,Jl...l;IQ,_STMElI"" 1.,ou,.__-...s_'KOOlIP\.f:laTlIl4QCDtdI_ClfC. 10. II\.UJI: sa: $IUl' ~11'Ol: Dtsa.1IOII. ~'~~~*ffi,~~=~~~ O\QlME"->>l1'tlOIIClU_~MIlTU. ~~~~l~a~tw$~=t:o=r. 11 LCNO-"- STOI'Wl( Of.....lDIUlIJI 011 --..:_ 0II-1Il( WU,.IIOTKAU.Q\lIm. , 1'- M canJl.o.tlClllItIM1. I( Il[_-": '011 e-.._ W1HIlU.U'l'UCIoBllCOOU,AEOuu.lIOtIS.MDPERloITlI _M_ .., - g~~~~~-~ ,...........____lIl(U.-...MllClllOJlGCOWtI: mnu:fItI.oaur:l.O.WlXlHT_IN(I~I.I8ElUoI.AoIOUNTOfHtMIS _CN'.o8l.lOl....ST_~II'\.NlTliIlOWlll.llS1<11l.l. -,' ..... ~~ .- lOf'lror__ It.AU.'L..Un'IHAU.KIllJ_1tID1'QIttM)CCU'I.[l( ~~.K~qJ=..J~co:..l~~~"rc:. M;PI.AC:UIDlTlIOO..UOINaUIIOllNG"""",q. zo.(:ClNlIIN;1l;JI!HAU1IQ1FI'1'IC~IIR(:MIW:eT'" 1LO.S1JDA"'_TOIIUoHNEDDnJIoPY.lH((;OHtllACTOll IIW.l. .011.,. 1k[ I..AAIOSCo\f>( NIIQl1TEC1"" UAST ~.IIOlJIIII" AO\IANCtOf.~"""""T"$TAlJ.A1lQN. 2:lNf'l~"",1[lIlAl_DQ,1I.IIN1-'CIlDU_'IU I-=- TO lllTAl. AClX"ANC[ Of lHt 'IIOROCl SIt........ lit _1\' 1loo<:rc1llOOl 'll€SI1I_Il(~ctll.TM ...1D.....OT 'M[ SMl( SPECIES, (lU.t.Nfl1'f',AHDSlzt_IlEE_AU.I.AHDSCAPlI.LGUtD _C1f1C,\..IIC1N$. 2S- C(IN1IIA(lmSMAUII(QIJ[S'TINWl:I1INO.,......... ACQ:P'TAllCll:ll<i5nClIClll. ___MlOIfl:I.DtSIOIIIUUl ~~S~WA~!I[\>>O~bt~$~rl4.lOI' _L.\NIlSCAPI NOTES l.olIU..I'L.W1IIl_llllE_1Ul. 1.1mI._0I1'\.A111'.u~MI[AS. a. ~$RIl __III$R1lIllllIllux:mDOlfl.NilllC<<l'lM. RmW.1tIIlIlI.._~~. ~-=''':a..~~~tsr~l'llOWUDlDSIOIICOIlTllCIlOl.'lQSIlI~UNQ.smt.Ul/8JSIG. 4. _ll"IIrnlIollll_IcIOllM.l.IllSI\IlItO~IfIU4.IIlI'IIlICoUIIl~IE_""'Rm!Il.,IIlDIIEIl.OI =~""".:'~=..:::=:t.~.::t:..~='~~--. 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LANDSCAPE LIGEN>> 4 i::.::..- I~""'" I"I~ \Ill _.......~' 1l.J,.(1UTJl--... #5 OONI". --. -- ~"".... -""""" ::I::I=I:::~: l.tr.IMf_.......(JIMlU_ .- ~-,.:::':r~ ..-- S.~""""'CIII"""""""",lliI(_OIl --.Y_IoICI<fI.l.SC*.. _~SlIJM[lIOOTPINIE.IiJOIl lPlIIr_flll~-' 4.I'UI:l!I'UIIlII --~. I~~~~~~ [ ~roIl""""_1IIP: ..........~""'JM[ IlUNtlDNflt1'll[~_ aurMSOoa....trl'Cll._ OIlI'Cll.~{.tjlJl_1/I' :-::l:-~~~~' (WoDDI'~.Il).I_1).(:. (sa .-- ~-- lOOOlfAtlDNflt..... -~- """'"""" @~~USTRftPlJJll'l'OOJD!T.lfL JC~. /I.=i:~"'l" &..>.J:I~_"M}J= i~~~__ 0~~. CONTAINER PwmNG DETAIL ~.~.~ ,~ ICO_~""'$al<<) ~''--'!$UT 1JI07*1'IlIOMn"::= Client Eden Trace .1UM.IIOrYC..rt CQ!lulUl,lUl S5317 Project 101 Distributors Location Audubon Road CWulUII, .. Certification Summary 0.....1<< A~IO" ..../hp: 1'II'.PRflM"Ml'lftlll"InuI:OVlsnoll Revision History ....0....' 'ullflll1l"IIlt'lk1Dl Sheet Tille LANDSCAPE DETAILS Sheet Number Revision L2 Project No. EDE17481 10' ......(:1... -..~1.. I ::l o .. .., .. ,.. o ;l; '" ~ I z 8 I o . I ~ i I ~ .., I I I I I I I I I III I ! i I ; ~---~~~~-~~----~-~------ , - - , , , , _________.....:..:__1 r'-~~-~-~,-~-~,-r., r~-T-~'-~~-'-r,-T-r' I : : : : 1 l : : :;1 I I : : : : : : : : : : : I, ~- ..._...., , I I I I , I , ~/' l_J I I I I I I I I I I I f'--- I i I I ; t:-"'l ; I ; I I I I : \l : (-) : : I : : : I : : : .,i ,'--'" j==Il~~:~~=~:~~:~:~~~~~~~=~=~~::~:~-~~:~~~~-, --i:: : --~ : J : ==J : :, : " , ---j It I --{ : ! : " I c c:'.' k;..'.".;~.'~ _LEGEND !8l o 000000 c=:::::::J ~ TREESfltItICMll """ "'''''''' TllEEPROl'ECTIONmct IlOIO\W. CN<IOP'f'COVEllACt MEA PROttCT EXlST>>IC 'IRa CANOP't _TREE PRESERVATION NOTES - :e...~==--:a.~ =':'.'":'e ':.o::::.ClIIw:.:. ~~~::~-~:--:~-::::~ " 1lI"'-..u."-_..._....__._.._ _......___..18._ to ____________11I___ __._DI'IOCIMl.-a......_....... ~:==--;::-.------._- .. _.________..M.yl. ,. .-.--........------.-.. ~. ~-_._-----.. -... .. _"_____,,_.__11I11:_ .. --------11I.- _.__ ____IOIl.._ 11....--.---.-----. __'_01'''-'':_ _ TREE PROTECTION FENCE TREE DRtPLINE. SNOW FENCE OUTSIDE OF' DRIPLINE SEE SPECS. SNOW FENCE. SEE SPECS. ERECT PROTECTlVE SHOW f'ENC[ PRIOR TO Am CONSTRUCTION ACTMTY. DO NOT STORE Nf'( EOUIPWENl' OR UATERlAlS WITHIN PROTF.:CT1VE AREA. REUOVE THE PROTECTIVE SNOW rENCE ONLY AFTER CONSTRUCTION OPERATIONS ARE COW?LETED. _ TREE REFORESTATION CALCULATION .2,402OFEXIS'tINGlREECMOP'(RDlO.f:D REPl.ACDIANT CAl.ClJI..ATION (2,402 X 1.2). 2.&a2 Sf' 2.882/ 10M . .l..lmD . U. WI . (1lEF'\ACEWEHT TMES N1S. RfOlJlRED) NOTE: FlEPI.ACDIENT TJI:Ea w.y COUNT TQWAIlO RElMRtOLNlOSCAP(mta'D:CD'fFOlt,ll[QU1R[ll """""" ~ o 40 80 ----.:-~ ScalelnFetl: FRA Client Eden Trace 11UIIllRoryColll: '.............5IfIT Project 101 Distributors Location Audubon Road CIll/l......M.. Certification Summary o.lDM':Nt Dnwll:1<< A"ItJIltKf lootlPlp: 'IlIIICPIlEl.MIMIII'IIIUII.....02/lWlOl Revision History kG"'., I'*'"'nll/lll'lll'- Sheet Tlfle TREE PRESERVATION PLAN Sheet Number Revision L3 Project No. EDE17481 i C Iii i'lI . a: i 1111 I~.ll . ,. I I t ~ ~ ~ ~~iS~I; 5;1 p InHhl .1 i; Illj ImFJ ! : r ~ ilJm0~ 2h Z;.U Ii . 1.~i'H~~gi~ ;inhsuhl tI!~rn!J!!l I!!!!!! IIIII II~ h~H ~ h!h~h~11 ..... . aOvlll.6.'... \ \ \ CD c J u.9 "'- ~~ - CO J ~G)e- fi~8! CDc f!~ g:a -""" 0< r..>_ c '" 0.... ~~~ .t~~ J. III · J 'hiJiP . )'II....! J .IP!Hii ! .'I'in'. · iii II'Pil I IIH,'II. ~ lUll" I ..,I'H' . .;II;ll1li., . .; 1.," .1 I '1'=11"'''1 I I -I "I" I !i1!;f=HI '1"11 I'.' 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T-.'l..~_~.CII'forCalllf.-.. .........lpoiIt..._IM".........Ml....~lMlW.m...Ioll._...... __-...al...__tl.....M_~........QoaW..___1I __Z..,._II_Ol_hll;__I1",__"_h... ...."il5lI.IIl___t.....'I_O'1_-............._IIIIt.I*'- . 1.0000___:II........05-..05___..........Ullool"'''-,-" IIgIot..WII'-.....ClIlcIgD,-.II.'IIII..'_....._~....n.Oood,II9iM; __SS__32_.1_WaI,.........-..........,-.._. 2IoIl.oct..c...._....._......_.......__2__11_0l ........E.........._....I__III.1$.32INlIO...piII.~IoitIloClIll~IIoool.. '7_.......,33.001oll...__,.... I I 1 I 1 I 1/ ,.. 1 1-- <> ' I .:c ~I'- C~ ~ . 1 '" I" t: ~ p ... 1 ~ ~ I;;; <> '. I :0 .~: < L' ,': 1 $ I 1 I I PRIW[RIY SUMMARY m......'1ulllA: ilOUCOII.f&lIllIII L!"IIl&MT.(t'.w.t.'t.~ [cnm.mm IUIIIfIlOHlnI; I A\IIE_LOTIlll: nUal/. "-"lOTd toI.03tU. IIW(Il,IMLOTIIlE: '1t.14...'. DEveLtlPME-..r NlfTf' 1.Al.l.~.w:llllUNOElllOlIENENlfITI'OOT. r. AU.4AUlIlfl.RCUIIED1tI1I1EMVIlESTtcUWFOOT. t.ITREETIWlIEI'wIIJI.KlTOIIPPIIO'o'H.lI'tlECI1V. VICINITY MAP 4.lll\Ql,I,OEMlOl1l1.m"EAIEIllENTlIlllUI(I'IIlMIlElIAlRElIlIIlEIlDlUlWlE.t.lIllJlllTl'WOIII1I =-l'IIOWIEDl1oQN..l.l'IlIUCUlUlIf.l/IHD..101RlOTMCNt:tIE_WAl&Il1'4L0IAl.l. ~ o 50 100 --- -- Scale In Feet .. -:--~" .' : ~\ /1" 'MFRA McCamIllFnnkRooo -.... ..xl...........WO ~........... ""1IIIQNDfOo-~ -- Client Eden Trace Corporation c........ MIl...... Project Audubon Corporate Center 1 st Addillon Location 8301 Audubon Road euu._, ......... Certlllcatlon IIlIl""'GdyU_-......-....... -"--'iy.....-..,--- :.~:::-:..:=-lNlHU -- R....,...... 124M D.., Otf1smee .--.......--...--. ---.----... -.- Summary ,- ...-.. ,,- ",-", lMt/htl:m,eo .....'-0Wl'-'2OOl Revision History .... 0.11'" IIl1lN1tll/llwl"- Sheet Tille PRELIMINARY PLAT Sheet Number Revision 1 / 1 Project No. EDE17481 gg go cg tit-= dti z o - I- - C C < I- (I'.) ,.... \ \ ,0> 0 . ! ~ I ~ . f cD:! h~ il ~~ T 0' " o. I . CIl~ f.i 5 ~~ ; i ~l I ..~ ." J . H~i; 8: r" 1 5_ .. . , ~'i o:~ di ;; f "1 .. I "'~ ~ . 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S ~ ~~ ~ (i ~; ~ ~ ~ ,"'-',vv" ...:,:.:.,\;", ,'.,,;,' \Jt -- cow. ....,<0.000 -- .:~ \ ~~~. t'T -~Ul-- -: i \ "j )_~ )i: .'/1 MS H JO l/PII ! : ~' t..;; H:I33MlLS)iIl,lHl . I ~ 4.~ \I Hl.IIliIIllT'MI'Id3Mld' I "/"'. ~" // ~ /7 : "~~"'::~:" /.1/ /.~/ I ',....);~.... \, /~/ : ~. ~",AOI>>I ' / I ~_-~.~::-._v 1 " I I I I I I J I I I I gl 5l I I I I I I I I I I I I I I I I I I I I I I J 'I i. ~, 5 ~ · i .1 . ;1 · ~j ; ~J ! ~Z i U I ~ ! >J' ~h ~ I ! t I" J HI i ,. i ~;i ~ 1 -i:h h t i l' 11 liI <II iH I I i II If~ ~ i I l'it '1-, i~~i i.'I~f H~J .i lJ I If 1 i Z"i I.Z: ; It' !z~ fl~~ ; ~ I: II!: 1;.1 fW ".J. ~ ,~Ii; g ~:S;'II ;\ fi j 1:1 ~ till; ~ !Hif ii ., J H '. I H ]1 ~ I ii i :~ r 111 p ~ I oJ w. 8 ~ 2 j:t -' .:.~{,~~ .~.' , .~,' " ~).'.' . .'..'.' ......;._~ .' \;:~\." '.' + .J ,,9.) "'~ -'- ..~, ......... .', '....<::::::- Or,9t9M,,';.(;(),,00H aVOll NOananV -- rt~t9 l.tS.so.OOS -- O\lOH NOEnan'! . f I J f ; I if 1 11 I iI Jl i; ~ n il I ...8 JE2 J.f" "~\ ,',.' '.,' ....:.:~.../~ "~ I I I \ ) -In~-:"- .It.lS lHl JO UllI . H:I3lNl1S3lll-~' ,-- ... ::: ~\"g c.~ ftI~ \ tIJ 1946 "" a ClftI O"lJty s\~ 219 East Frontage Road Waconia, MN 55387 Phone: 952-442-5101 Fax: 952-442-5497 CONSERVATION DISTRICT http;//www.co.carver.mn.us/SWCD/SWCDmain.html Mission Statement: To provide leadership in conservation and teach stewardship of the soil, water, and related resources through a balanced, cooperative program that protects, restores, and improves those resources. March 4, 2008 Robert Generous, Senior Planner City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Eden Trace Corporation/IDI Distribution The SWCD has reviewed the above mentioned development plan for erosion and sediment controls. Following you will find my comments. -A National Pollution Discharge Elimination System permit will be required for this development. -The General Contractor who has overall charge of day to day operations needs to be on the NPDES Permit as the contractor. The Owner and or General Contractor have the responsibility for the NPDES permit. An individual qualified to complete stormwater inspection must complete reports weekly, and after each Yz inch rainfall event. A box will need to be placed on site for these specific documents, and or kept in the project office. The Carver SWCD will be completing inspections ofthe rules of the NPDES permit and city ordnances to see if the owner and or contractor are in compliance with the permit. This permit is a self maintained permit. Guidelines of the permit can be found at the following web site: http://www.pca.state.mn.us/water/stormwater/stormwater-c.html Erosion Control 1. All exposed soils that will not be active under the timeframe of the permit will need to be temporary seeded and mulched, plans only indicated seeding. 2. Site will be tight, so stockpiles need to be established away from concentrated flow areas and of areas that will have direct runoff toward outside perimeter controls Sediment Control 1. Inlet protection is needed on all stormwater conveyance systems prior to casting. The SWPPP and a detail is needed to shows how the contractor is to protect these inlets. Inlet protections need to be installed with in 24 hours of placement. Also, inlet protection and all other sediment control devices will need to be in-place until 70% of the vegetation is established 2. After installation of curb and gutter, all positive slopes to the street with exposed soils will need to be stabilized. Curb and gutter / inlets are "surface waters" which need protection from exposed soils with a positive slope within 200 linear feet. 3. All pipe outlets will need rock dissipation installed within 24 hours of installation this needs to be stated on the plan and in the SWPPP. 4. The existing storm water pond is considered waters of the state and dirty water discharge to the stormwater pond will be subject for enforcement. SWPPP Designer will need to look at alternatives on how to protect the resources from a runoff event. A mitigation plan needs to be developed and AN EQUAL OPPORTUNITY EMPLOYER reviewed with the contractor and owner on how they will treat the water if stormwater discharges into the stormwater pond prior to outleting into the wetland. 5. Concrete washout plans, detailing where drivers will washout there trucks and how the water will be treated, should be noted in the SWPPP. 6. De-watering needs to be noted on the SWPPP, and plans explaining to the contractor on how they will need to treat water prior to discharging. Please include me with any correspondences of changes to this original concept plan, and also of any pre- construction meetings prior to start of construction. If there are any questions please call me at the number listed on the heading Sincerely, Chip Hentges CPESC Conservation Technician CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 08-07 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, March 18,2008, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a 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 (lOP) and located at 8301 Audubon Road. Applicant: Eden Trace Corporation/IDI Distributors. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/serv/plan/08-07.htmJ or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner EmaiJ: bgenerous@ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on March 6, 2008) AlBAV-o!HJos-" woo-,tJa,wiillMM UO!PI1J~UI.P 9l1!n~el Z9llnsuO) RETAIL TECH LLC 1501 PARK RD CHANHASSEN . MN 55317 -9520 PARK AVENUE LOFTS LLC 510 1ST AVE N #500 MINNEAPOLIS. MN 55403 -1623 HARLEY E BERGREN 8104 HIGHWOOD DR #Gl08 BLOOMINGTON, MN 55438 -1087 HERAKLES LLC 8345 COMMERCE DR CHANHASSEN . MN 55317 -8427 r @091.5@AH5JAV$ ~ :a,u0wa6Jeq) ep sues T @09&.5 ~H3^" :j.fJeqe6 al zasmin J91ad '1 salpel sa>>anbp~ DAVID A STOCKDALE 7210 GALPIN BLVD EXCELSIOR. MN 55331 -8058 MCROI LLC C/O ROISUM ELITE FOOD SERVICE 1400 LAKE DR W CHANHASSEN. MN 55317 -8518 CHANHASSEN LAKES BUS. PARK 3 8156 MALLORY CT CHANHASSEN , MN 55317 -8586 DEMOSA LLC C/O BOB MORTENSON 1610 LAKE DR W CHANHASSEN. MN 55317 -8583 '9Jn~9:l199d Mea JOI __ I . t:a.aaQS uO!pn~laas _ MONK PROPERTIES LLC 1586 LAKE DR W CHANHASSEN. MN 55317 -8533 CHAN CONGR JEHOV AHS WITNESSES C/O BRETT HARDY 2920 FAIRWAY DR CHASKA. MN 55318 -3416 1660 GROUP LLC 1660 LAKE DR W CHANHASSEN . MN 55317 -8583 AUTOBAHN MOTORPLEX LLC 3615 ZIRCON LN N PLYMOUTH, MN 55446 -2878 Jad~d paa::lT T I ~ @09"S 3J.VldW3! ~a^'d asn slaqe"J laad .(se3 CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTYOFCARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on March 6, 2008, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Arboretum Corporate Center/IDI Distributors - Planning Case 2008-07 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage'fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. SubsC1bed and sworn to before me this :+h day of march ,2008. I ,~u . I :i/~'C.";!'c';p! KIM T. MEUWISSEN t$..... . I Notary Public-Minnesota < ";0;;'. My Commission Expires Jan 31, 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, March 18, 2008 at 7:00 p.m. This hearing may not start until later in the evenin ,de endin on the order of the a enda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Subdivision approval of 4.19 acres into two lots; Site Plan approval for a 55,000 square-foot two-story Proposal: 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 (lOP): ARBORETUM CORPORATE CENTER/IDI DISTRIBUTORS A Iicant: Eden Trace Cor oration/IDI Distributors Property 8301 Audubon Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public What Happens hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the ro'eet. If you want to see the plans before the meeting, please visit the City's projects web page at: www.cLchanhassen.mn.us/serv/plan/08-07.html. If you wish to talk to someone about this project, please contact Robert Generous by Questions & email at bgenerous@cLchanhassen.mn.us or by phone at 952-227- Comments: 1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursda rior to the Plannin Commission meetin . City Review Procedure: . Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a pUblic hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. . Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaVindustrial. . Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. . A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). . Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have somethin to be included in the re ort, lease contact the Plannin Staff erson named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, March 18,2008 at 7:00 p.m. This hearing may not start until later in the evenin ,de endin on the order of the a enda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Subdivision approval of 4.19 acres into two lots; Site Plan approval for a 55,000 square-foot two-story Proposal: 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 (lOP): ARBORETUM CORPORATE CENTER/IDI DISTRIBUTORS A Iicant: Eden Trace Cor oration/IDI Distributors Property 8301 Audubon Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public What Happens hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the ro' ect. If you want to see the plans before the meeting, please visit the City's projects web page at: www.cLchanhassen.mn.us/serv/plan/08-07.html. If you wish to talk to someone about this project, please contact Robert Generous by Questions & email at bqenerous@cLchanhassen.mn.us or by phone at 952-227- Comments: 1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursda rior to the Plannin Commission meetin . City Review Procedure: . Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a pUblic hearing before the Planning Commission. City ordinances require all property within 500 feet of the SUbject site to be notified of the application in writing. Any interested party is invited to attend the meeting. . Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. . Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. . A neighborhood spOkesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). . Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have somethin to be included in the re ort, lease contact the Plannin Staff erson named on the notification. Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is pro,^ded pursuant to Minnesota Statutes S466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. ~;~ Public Hearing Notification Area (500 feet) (Subject Property Highlighted in Yellow) Audubon Corporate Center/IDI Distributors 8301 Audubon Road Planning Case 2008-07 RETAIL TECH LLC 1501 PARK RD CHANHASSEN , MN 55317 -9520 DAVID A STOCKDALE 7210 GALPIN BLVD EXCELSIOR, MN 55331 -8058 MONK PROPERTIES LLC 1586 LAKE DR W CHANHASSEN, MN 55317 -8533 PARK AVENUE LOFTS LLC 510 1ST AVE N #500 MINNEAPOLIS, MN 55403 -1623 MCROI LLC C/O RO/SUM ELITE FOOD SERVICE 1400 LAKE DR W CHANHASSEN, MN 55317 -8518 CHAN CONGR JEHOVAHS WITNESSES C/O BRETT HARDY 2920 FAIRWAY DR CHASKA, MN 55318 -3416 HARLEY E BERGREN 8104 HIGHWOOD DR #G108 BLOOMINGTON, MN 55438 -1087 CHANHASSEN LAKES BUS. PARK 3 8156 MALLORY CT CHANHASSEN , MN 55317 -8586 1660 GROUP LLC t 660 LAKE DR W CHANHASSEN . MN 55317 -8583 HERAKLES LLC 8345 COMMERCE DR CHANHASSEN . MN 55317 -8427 DEMOSA LLC C/O BOB MORTENSON 1610 LAKE DR W CHANHASSEN , MN 55317 -8583 AUTOBAHN MOTORPLEX LLC 3615 ZIRCON LN N PLYMOUTH, MN 55446 -2878 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: RESOLUTION NO: MOTION BY: SECONDED BY: A RESOLUTION APPROVING A FINAL PLAT CREA TING AUDUBON CORPORATE CENTER 1ST ADDITION WHEREAS, David A. Stockdale and Jane K. Anderson have requested a subdivision of their property into two lots of 2.65 and 3.62 acres; and WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the Chanhassen Planning Commission held a public hearing on March 18, 2008 and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning ordinance and recommended approval of the subdivision. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves the final plat for Audubon Corporate Center 15t Addition (Planning Case #08-07) creating one lot, one outlot and public right-of-way for Audubon Road for the property legally described as follows: Part of the North half of the Southwest Quarter of Section 14, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point on the west line of said North half of the Southwest Quarter, 821.90 feet, measured along said west line, southerly of the northwest comer of said North Half of the Southwest Quarter said west line assumed to bear South 2 degrees 11 minutes 01 seconds East; thence North 87 degrees 48 minutes 59 seconds East, a distance of 550.00 feet; thence North 2 degrees 11 minutes 01 seconds West, parallel with said west line, a distance of 180.00 feet; thence North 32 degrees 05 minutes 05 seconds West, a distance of 662.31 feet to the southeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad, as recorded in Bock 23 of Deed, page 266; thence South 55 degrees 32 minutes 41 seconds West, along said southeasterly right of way line, a distance of 260.00 feet to said west line of the North half of the Southwest quarter; thence South 2 degrees 11 minutes 01 seconds East, along said west line, a distance of 615.32 feet to the point of beginning. Subject to County Road No. 17 over the westerly 33.00 feet of the above described parcel. The approval of the subdivision is subject to the following conditions: 1 1. Lot 1, as shown in the preliminary plat, 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 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 Steeper than 3:1 10:1 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 manmade 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 $59,365.80. 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 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 lOa-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 connection into Chanhassen Lakes Business Park ih 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 Business Park ih 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 1, Block 1 through Chanhassen Lakes Business Park 7th 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 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. Passed and adopted by the Chanhassen City Council this 14th day of April, 2008. ATTEST: Todd Gerhardt, City Clerk/Manager Thomas A. Furlong, Mayor YES NO ABSENT 6 CITY OF CHANHASSEN SITE PLAN PERMIT #08-07 SPECIAL PROVISIONS AGREEMENT dated April 14, 2008, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Eden Trace Corporation, (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for illI Distributors for a 71,500 square-foot, two-story, office-warehouse building to be built in two phases (referred to in this Permit as the "project"). The land is legally described as Lot 1, Block 1, Audubon Corporate Center 1st Addition. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A--Site Plan prepared Houwman Architects, dated February 15, 2008, revised March 5, 2008 and April 4, 2008. Plan B-- Grading Plan prepared by McCombs Frank Roos Associates, Inc., dated February 15, 2008, revised February 29,2008 and April 4, 2008. Plan C--Landscaping Plan prepared by McCombs Frank Roos Associates, Inc., dated February 15, 2008. Plan D--Utility Plans prepared by McCombs Frank Roos Associates, Inc., dated February 15,2008, revised February 29,2008 and April 4, 2008. Plan E--Erosion Control Plan/SWPPP prepared by McCombs Frank Roos Associates, Inc., dated February 15,2008, revised February 29,2008 and April 4, 2008. 1 4. Time of Performance. The Developer shall install all required screening and landscaping by October 31,2008. The Developer may, however, request an extension oftime from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $5,000.00 (boulevard restoration, erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURES FOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Eden Trace Corporation 8156 Mallory Court Chanhassen, MN 55317 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. City Council approves a Site Plan for illI Distributors for a 71,500 square-foot, two-story, office-warehouse building to be built in two phases subject to the following conditions: a. The applicant shall enter into this site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. The development shows metal halide lighting which must be revised to high-pressure sodium vapor. All light fixtures shall be shielded. 2 c. 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. d. The future building expansion shall continue the same architectural detailing of the first phase of the building. e. The applicant shall meet minimum requirements in all bufferyard areas. f. The applicant shall plant three boulevard trees along Audubon Road in the empty spaces created by entry drive rearrangements. g. The applicant shall meet minimum requirements for parking lot trees. h. 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. 1. The applicant shall use BWSR US in all graded areas along the eastern property line. J. 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. k. 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 IS-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. 1. 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. m. A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. n. 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. o. 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. 3 p. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50- 75 feet. q. 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. r. 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 10:1 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. s. 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. t. 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. u. A 3-foot clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved Section 508.5.5 MSFC. v. 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 gaining immediate access to fire protection equipment or fire hydrants. Section 508.5.4 MSFC. w. No burning shall be issued for trees to be removed. Trees and shrubs must be removed from site or chipped. x. 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. 4 y. 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. z. Dumpsters, if placed outside, shall be properly screened. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor AND: Todd Gerhardt, City Manager DEVELOPER: EDEN TRACE CORPORATION BY: Its 5 ST ATE OF MINNESOTA) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of , 200_, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_ by of Eden Trace Corporation. NOTARY PUBLIC DRAFfED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 6 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "A" GENERAL CONDITION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blow ables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 7 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. 8 G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless 9 the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. o. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 10 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of , 200_ By STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_ , by NOTARY PUBLIC DRAFfED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 11 MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this _ day of ,20_. ST ATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARYPUBUC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 12 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA WETLAND ALTERATION PERMIT #08-07 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a wetland alteration permit for the following use: Wetland Alteration Permit for filling of 0.13 acres of wetland as part of the development of the Audubon Corporate Center 151 Addition as shown on the plans prepared by McCombs Frank Roos Associates, Inc., dated February 15,2008, revised February 29,2008 and April 4, 2008. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Part of the North half of the Southwest Quarter of Section 14, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point on the west line of said North half of the Southwest Quarter, 821.90 feet, measured along said west line, southerly of the northwest corner of said North Half of the Southwest Quarter said west line assumed to bear South 2 degrees 11 minutes 01 seconds East; thence North 87 degrees 48 minutes 59 seconds East, a distance of 550.00 feet; thence North 2 degrees 11 minutes 01 seconds West, parallel with said west line, a distance of 180.00 feet; thence North 32 degrees 05 minutes 05 seconds West, a distance of 662.31 feet to the southeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad, as recorded in Bock 23 of Deed, page 266; thence South 55 degrees 32 minutes 41 seconds West, along said southeasterly right of way line, a distance of 260.00 feet to said west line of the North half of the Southwest quarter; thence South 2 degrees 11 minutes 01 seconds East, along said west line, a distance of 615.32 feet to the point of beginning. Subject to County Road No. 17 over the westerly 33.00 feet of the above described parcel. 3. Conditions. The permit is issued subject to the following conditions: 1 a. 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. b. 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 IS-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. c. 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. d. That portion of the wetland buffer adjacent to the proposed earthwork shall be planted in a suitable native seed mix. e. 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. f. 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. g. 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. h. 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. 1. No impacts are indicated for Wetland 3 and a no net loss decision will be rendered for this area." 2 4. Right to Proceed. No wetland impacts to any wetland on the Lot 1, Audubon Corporate Center 1st Addition, can occur until the credits have been debited from the Minnesota Wetland Mitigation Bank and a copy of this approval has been mailed to the regulatory authorities, including the City of Chanhassen, the account holder and the user of the credits. 5. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 6. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 7. Criminal Penalty. Violation of the terms of this wetland alteration permit is a criminal misdemeanor. Dated: April 14, 2008 CITY OF CHANHASSEN By: Thomas A. Furlong, Mayor SEAL By: Todd Gerhardt, City Manager 3 STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 14th day of April, 2008, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public DRAFTED BY: City of Chanhassen 7700 market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 4