2 CUP Arboretum Business ParkCiTY OF
PC DATE: September 4, 2001
CC DATE: September 24, 2001
REVIEW DEADLINE: 10/3/01
CASE #: IUP #2001-1 CUP 2001-8
By: MS, JH, BG
STAFF
rEPOrt
PROPOSAL:
LOCATION:
APPLICANT:
Request for a conditional use permit to develop within the Bluff Creek Overlay
District and an Interim Use Permit to grade a portion of the development.
Southeast Quadrant of Highways 41 and 5.
Steiner Development, Inc.
3610 South County Road 101
Wayzata, MN 55391
(952) 473-5650
..
I
PRESENT ZONING: PUD (Planned Unit Development - Office Industrial Park)
2020 LAND USE PLAN: Office/Industrial
ACREAGE: 34.7 acres
DENSITY: NA
ltl
SUMMARY OF REQUEST: The applicant, Steiner Development, Inc. is requesting a conditional use
permit to develop within the Bluff Creek Overlay District and an Interim Use Permit to grade a portion
of the development. The grading would include the stockpiling of dirt from the Arboretum Service
Center site as well as from Outlots within the development. The applicant proposes to rough grade the
parcels on either side of Century Boulevard adjacent to Highway 5.
Notice of this public heating has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has limited discretion in approving or denying conditional use permits, based on whether or
not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the
City finds that all the applicable conditional use permit standards are met, the permit must be
approved. This is a quasi-judicial decision.
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~ Au;umn Ridge Ct 5 Aut jmn Ridge Ln
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Steiner Development CUP/IUP
September 4, 2001
Page 2
APPLICABLE REGULATIONS
Chapter 7, Article III. Excavating, Mining, Filling and Grading
Sections 20-231 through 20-237, Conditional Use Permits
Sections 20-1551 through 20-1564, Bluff Creek Overlay District
PROPOSAL SUMMARY
The applicant, Steiner Development, Inc. is requesting a conditional use permit to develop within
the Bluff Creek Overlay District and an Interim Use Permit to grade a portion of the development.
Grading usually is approved as part of a subdivision or site plan. However, the ordinance does
permit grading of property through the Interim Use Permit. Interim Use Permits are processed as
conditional use permits. The grading would include the stockpiling of dirt from the Arboretum
Service Center site as well as from other lots and outlots within the development. The applicant
proposes to rough grade the parcels on either side of Century Boulevard adjacent to Highway 5.
Only the portion of the development east of Century Boulevard is included within the Bluff Creek
Overlay District. Since any part of the project is within the Bluff Creek Overlay District, a
conditional use permit must be approved.
Staff is recommending approval of the interim use permit and conditional use permit based on the
findings in the staff report and the conditions of approval.
GRADING/DRAINAGE/EROSION CONTROL
The applicant is requesting an interim use permit to import approximately 11,000 cubic yards of
material. The site is located at the southeast quadrant of Trunk Highway 5 and Trunk Highway
41. The site will be left in a condition that will facilitate its future development for
office/industrial use consistent with the 2020 Comprehensive Plan. The site is also in the Bluff
Creek Overlay District.
There is an ag/urban wetland located in the northwesterly coruer of the site. The proposed fill
area will be approximately 500 feet from the wetland edge at its closest point. No impacts to the
wetland are anticipated from this project. The proposed fill area has no significant vegetation.
The area containing trees on this site is located along the far westerly lot line of the site, which
will not be impacted by this application.
The applicant is generating this excess fill material from another site in the business park which
will be graded and built on. Instead of paying the costly expense of hauling the material off site,
the applicant is proposing to stockpile the material on Outlot C as shown. This will help achieve
an overall site balance when Outlot C is developed. The hauling operation is anticipated to begin
as soon as permit approval is obtained. Permitted hours of operation will be 7:00 a.m. to 6:00
p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on
Sunday or legal holidays. Staff has not yet received a proposed haul route as required. Staff is
recommending that the applicant provide a proposed haul route for review and approval.
Steiner Development CUP/1UP
September 4, 2001
Page 3
No erosion control has been shown on the plan. Staff recommends that Type I silt fence be
added around the outer fill limits on the north, south and east sides of the stockpile. This will
help prevent any dirt or sediment from draining offsite or into the adjacent highway ditch. All
disturbed areas as a result of construction will be required to be reseeded and mulched within two
weeks of site grading.
An interim use permit expires one year from the date of approval from the City Council. The
permit may be renewed on an annual basis subject to City Council approval. The applicant will
need to request a formal extension 45 days prior to the expiration date. Security to guarantee
restoration and erosion control measures will be required with the permit. The permit is also
subject to administration fees. The administration fees are based on the number of cubic yards of
material being imported. The fees are taken from the Uniform Building Code Appendix, Chapter
33. Based on 11,000 cubic yards of material, the applicant shall pay the City $331.00 prior to the
City signing the permit.
WETLANDS
One ag/urban wetland exists along the south and east edges of Outlot D, Arboretum Business
Park. To prevent erosion of the steep slopes on the south and east portions of the site, an erosion
control blanket should be installed on the slope faces. Silt fence should be provided adjacent to
all areas tO be preserved as wetland buffer.
A ten-foot wide wetland buffer must be preserved around the wetland basin. Existing vegetation
within the wetland buffer must be left undisturbed unless otherwise approved. Wetland buffer
areas should be surveyed and staked in accordance with the City's wetland ordinance. The
applicant will install wetland buffer edge signs, under the direction of City staff, before construction
begins and will pay the City $20 per sign.
BLUFF CREEK OVERLAY DISTRICT
The proposed project is adjacent to the primary or secondary corridors of the Bluff Creek Overlay
District. The primary corridor extends to the edge of the ten-foot wide wetland buffer. All future
structures must maintain a 40-foot setback from the primary corridor. No grading may occur
within 20 feet of the primary corridor. The grading plan should be revised to reflect this
requirement.
FINDINGS
When approving a conditional use permit, the City must determine the capability of a proposed
development with existing and proposed uses. The general issuance standards of the conditional
use Section 20-232, include the following 12 items:
4
Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city.
Steiner Development CUP/IUP
September 4, 2001
Page 4
Finding: The proposed use will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
2. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
o
.
Se
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Finding: The proposed use is consistent with the objectives of the city's comprehensive
plan and this chapter, in that it will prepare the site for development in accordance with the
comprehensive plan and the Arboretum Business Park standards.
°
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.
Finding: The proposed use is 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.
Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The proposed use is not hazardous or disturbing to existing or planned
neighboring uses.
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. '
Finding: The proposed use is served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools.
Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: The proposed use will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
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.
Finding: The proposed use does 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.
Steiner Development CUP/IUP
September 4, 2001
Page 5
8~
Will have vehicular approaches to the property which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: The proposed use has vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
.
Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
Finding: The proposed use does not result in the destruction, loss or damage of solar
access, natural, scenic or historic features of major significance. The grading will prepare
the site for development in accordance with the comprehensive plan and the Arboretum
Business Park standards.
10. Will be aesthetically compatible with the area.
Finding: The proposed use is aesthetically compatible with the area.
11. Will not depreciate SmTounding property values.
Finding: The proposed use will not depreciate surrounding property values.
12. Will meet standards prescribed for certain uses as provided in this article.
Finding: The proposed use meets standards prescribed for certain uses as provided in this
article.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission recommends approval of Interim Use Permit #2001-1 to grade a
portion of the development and Conditional Use Permit #2001-8 to permit development within the
Bluff Creek Overlay District subject to the following conditions:
o
The applicant shall provide the City with a cash escrow or letter of credit in the amount of
$5,000.00 to guarantee erosion control measures and site restoration and compliance with
the interim use permit.
2. The applicant shall obtain a Watershed District permit.
3. The applicant must provide a proposed haul route for review and approval.
o
Type I silt fence must be added around the outer fill limits on the north, south and east
sides of the stockpile.
Steiner Development CUP/IUP
September 4, 2001
Page 6
Se
All disturbed areas as a result of construction will be required to be reseeded and mulched
within two weeks of site grading.
o
The applicant shall pay the City an administration fee of $331.00 prior to the City signing
the permit.
o
The existing building and outbuildings and any septic system or wells on Outlot D,
Arboretum Business Park, shall be abandoned in accordance with City and/or State codes.
ge
An erosion control blanket shall be installed on the faces of the south and east slopes on
Outlot D, Arboretum Business Park.
9. Silt fence shall be provided adjacent to all areas to be preserved as wetland buffer.
10.
A ten-foot wide wetland buffer shall be preserved around the wetland basin. Existing
vegetation within the wetland buffer shall be left undisturbed unless otherwise approved.
11.
Wetland buffer areas shall be surveyed~ and staked in accordance with the City's wetland
ordinance. The applicant shall install wetland buffer edge signs, under the direction of City
staff, before construction begins and shall pay the City $20 per sign.
12.
The grading plan shall be revised so that no grading is proposed within 20 feet of the
primary corridor."
ATTACHMENTS
o
Findings of Fact and Recommendation
Reduced Copy of Grading Plan
Public Hearing Notice and Mailing List
Steiner Development CUP/IUP
September 4, 2001
Page 7
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
Application of Steiner Development, Inc. for an Interim Use Permit to grade and a Conditional
Use Permit to develop within the Bluff Creek Overlay District.
On September 4, 2001, the Chanhassen Planning Commission met at its regularly
schedule meeting to consider the application of Steiner Development, Inc., for an interim use
permit and conditional use permit for the property located at the southeast comer of Highways 5
and 41. The Planning Commission conducted a public hearing on the proposed interim use and
conditional use which was preceded by published and mailed notice. The Planning Commission
heard testimony frbm all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
o
The property is currently zoned Planned Unit Development (PUD).
The property is guided by the Land Use Plan for Office/Industrial.
The legal description of the property is: Outlot D, Arboretum Business Park;
Outlot C, Arboretum Business Park 2nd Addition; and Lot 2, Block 1, Arboretum
Business Park 3rd Addition
Section 20-232:
a. Will not be detrimental to or enhance the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
bo
Will be consistent with the objectives of the city's comprehensive plan and
this chapter, in that it will prepare the site for development in accordance
with the comprehensive plan and the Arboretum Business Park standards.
Steiner Development CUP/IUP
September 4, 2001
Page 8
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.
do
Will not be hazardous or disturbing to existing or planned neighboring
uses.
eo
The proposed use is served adequately by essential public facilities and
services, including streets, police and fire protection, drainage structures,
refuse disposal, water and sewer systems and schools.
Will not create excessive requirements for public facilities and services
and will not be detrimental to the economic welfare of the community.
go
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.
ho
Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
Will not result in the destruction, loss or damage of solar access, natural,
scenic or historic features of major significance. The grading will prepare
the site for development in accordance with the comprehensive plan and the
Arboretum Business Park standards.
j.
ko
Will be aesthetically compatible with the area.
Will not depreciate surrounding property values.
Steiner Development CUP/IUP
September 4, 2001
Page 9
5,
1. Will meet standards prescribed for certain uses as provided in this article.
The planning report IUP #2001-1 and CUP #2001-8 dated September 4, 2001,
prepared by Robert Generous, et al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the interim
use permit and conditional use permit.
2001.
ADOPTED by the Chanhassen Planning Commission this
day of
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
ATTEST:
Secretary
g:\plan\bgXarboretum business park\grading iup 2001-1 cup 2001-8.doc
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CITY OF CHANHA88EN
eg0 COULTER DRIVE
CHANHA$gENo MN S8517
DEVELOPMENT REVIEW APPLICATION
TELEPHONE (Day time) y.~-~.~ '~'//'7~-~- ~--~~
ADDRESS;
TELEPHONE:.
Comprehe'nslve Plan Amendment
Tempora~/Sales Permit
___ Rezoning
,,
Vacation of ROW/Easements
Variance
Wetland Alteration Permit
Zoning Appeal
Zoning Ordinance Amendment
Sign Permlt~
Sign Plan Review
NotiflcaUon Sign
Site Plan Review'
,....... Subdivision"
Escrow for Filing Fee~Attomo¥ Cost"
($50 OUPISPRNAO/VARNVAP/Metes
and,..~_B~nds, $400 Minor SUB)
A list of all property ownem within $00 feet of the boundaries of the property must be Included with tho
application,
Building material samples must bo .ubmltted with elto plan reviews.
'Twenty-slX full llze ~ copies of the plane must bo submitted, Including an 8t4" X 1 t" reduced copy of
transparenCy'for each plan sheet.
i
·
** Escrow will be required for other applications through the development contract
NOTE - When multiple applications are processed, the appropriate fee ~hall be charged for each application.
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WETLANDS PRESENT ,. YES
REQUESTED ZONINO
PRESENT LAND USE D, ESIQNATION.
REQUESTED LANDUS~E DESigNATION '~"~
~' edl ful andb r~en - fl '- u ~ " n '-
Thl pp t~md t~mp n I e~wl oroleafl~p ntedendm ~tbee~mp nledbyalll formation
and plans requital bY ep~lt~bl~ CtW O~lnen~ provisions. Befo~ firing this apptl~tlon, you ~hould ~nfer with the Planning
Depa~nt b determln~'the s~clflc ordlnan~ and pr~edural requirements eppll~bla to your appll~tlon.
A determination of ~mpIptene~s of the appll~tlon shall be made within ten business daym of appll~tlon eubmlEal. A wdRen
notl~ of eppil~tlon deflclendes shall be mailed to the applicant within ten business days of appll~tlon,
This ts to ~RI~ that, I em; making appll~lon for the described action by the Ol~ and that I em responsible ~r ~mplylng with
all Ol~ r~ul?ement~ WI~. regard to this request, This appelation =hould be pr~eesed in my name and I am the pa~ whom
the CI~ should ~q~ct ~gardlng any maker pe~alnlng to this appll~tlon, I have e~aohed a ~py of pr~f of ownership
(either ~py of Owners Dupll~te Ce~lfl~te of Title, Abstraot of T~le or pumhaee agreement), or I am the authorized pemon
to ~ke ~I~ applt~lon and the fee owner has also signed this appll~lon,
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, etd. 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,
The Oily hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements end agency review. Therefore, the city Is notifying [he applicant that the city requires an automatic 60 day
exteniflon for develOpmel~t review. Development review shall be completed wlthln t20 days unless additional review
extensions are approved by the a~t, ..
Application Received on '
Dlte
Fee Pald. _. Receipt No.
..
The applicant ahouid corttact staff for a copy of the .taft report whloh will be available on Friday prior to the meeting.
If not contacted, a copy of the ~'eport will be mailed to the applloan~'~ ,addreta,
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NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, SEPTEMBER 4, 2001 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL: Interim Use Permit and
Conditional Use Permit
APPLICANT: Steiner Development, Inc.
LOCATION' Arboretum Business Park
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Steiner
Development, is requesting an interim use permit and conditional use permit to grade property Within
the Bluff Creek Overlay District within the Arboretum Business Park.
What Happens at the Meeting: 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 hearing through the following steps:
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 project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Bob 937-1900 ext. 141. 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.
Notice of this public hearing has been published in the Chanhassen Villager on. August 23, 2001.
_/
· REGENTS OF UNIV OF MINNESOTA
C/O REAL ESTATE OFFICE
319 15TH AVE SE 424 DON HOW[
MINNEAPOLIS MN 55455
CHASKA GATEWAY PARTNERS
3610 CO RD 101 ~
WAyZA~T.A-''~j MN 55391
MID AMERICAN BAPTIST SOCIAL
SERVICES CORPORATION
2600 ARBORETUM BLV
EXCELSIOR MN 55331
CHASKA GATEWAY PARTNERS
3610 CO RD 101 f/
WAYZAT._~~-'""'~ MN 55391
PULTE HOMES OF MINNESOTA CORP
1355 MENDOTA HEIGHT SUITE 300
MENDOTA HEIGI-rI MN 55120
CENTURY 2000 PARTNERS LLP
3610 SOUTH HWY 101
WAYZATA MN 55391
CITY OF CHANHASSEN
CIO SCOTT BOTC~.-'""'""~
690 CITY CE_..bLT-E~DR PO BOX 147
CH~EN MN 55317
WATERTOWER PARTNERS LLC
PO BOX 265
WACONIA MN 55387
REGENTS OF UNIV OF MINNESOTA
C/O REAL ESTATE OFFICE /
319 15TH AVE SE ~ DON HOW[
MI~.~9.I-I8''~ MN 55455
CHASKA GATEWAY P~RS
3610 CO RD 101~
WAYZ.~T.~.---~ MN 55391
REGENTS OF UNIV OF MINNESOTA
C/O REAL ESTATE OFFI~
319 15TH AVE..~ 424 DON HOW[
M .IN~/ktlO~S MN 55455
CITY OF CHANHASSEN
C/O SCOTT BOTCJ~Pc'"'"'"'--
690 CITY C~ DR PO BOX 147
CH~EN MN 55317
COEUR TERRA LLP
3610 SOUTH HWY 101
WAYZATA
MN 55391
CHASKA GATEWAY PARTNERS
3610 CO RD 101 ~
WAYZATA j..---~'~ MN 55391
CITY OF CHANHASSEN
C/O SCOTT BOTC~,,t?~~
690 CITY CE_...N.T-ER DR PO BOX 147
CHAN._.....H.~gSEN MN 55317
CHASKA GATEWAY PARTNERS
3610CORD 101 ~
W~ MN 55391
CHASKA GATEWAY PARTNERS
3610 CO RD 101
WAYZATA MN 55391
CITY OF CHANHASSEN
C/O SCOTT BOTC~tE4~/'/
690 CITY~R DR PO BOX 147
C.~'i:tASSEN MN 55317
CHASKA GATEWAY PARDONERS
3610 CO RD~101 ~/M
WAYZATA N 55391
LUNDGREN BROS CONSTRUCTION
935 WAYZATA BLVD E
WAYZATA MN 55391