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CC Minutes 05-26-2015Chanhassen City Council – May 26, 2015 Councilman McDonald: Second. Mayor Laufenburger: Thank you Councilman McDonald. Any further discussion? Resolution #2015-34: Councilwoman Ryan moved, Councilman McDonald seconded that the City Council approves a Resolution of Support for a grant application for intersection improvements at TH 5 and Powers Boulevard (CSAH 17). All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSENT AGENDA: D(10). CHILDREN’S LEARNING ADVENTURE, 7750 GALPIN BOULEVARD: APPROVAL OF REZONING OF APPROXIMATELY 14 ACRES FROM AGRICULTURAL ESTATE (A2) TO PLANNED UNIT DEVELOPMENT- RESIDENTIAL(PUD-R), AND SITE PLAN REVIEW FOR A 33,000 SQUARE FOOT CHILDCARE CENTER; APPLICANT: CLA CHANHASSEN, LLC/OWNER: AMERICANA COMMUNITY BANK. Mayor Laufenburger: Just give us an opportunity to find this in our packet here. Okay this is a proposed motion includes the approval of the Planned Unit Development called the Chanhassen Learning Adventure. Let’s begin with a brief staff report if we may. Ms. Aanenson. Kate Aanenson: Thank you. What you requested last time is we go back and address the PUD agreement. The site plan so we included that. We went through with the plan itself and Councilmember McDonald asked specifically if there was lighting on the top tower of the building and we went back to the drawings that were presented at the Planning Commission at the staff level and that was never shown so we recommended that that not be included. I did talk to the construction representative for the Children's Learning center and they said they wanted that included and we, or staff’s position was that because it was not represented at the Planning Commission and in the reports itself. I just want to clarify again where we are on this site. So th this is Galpin Boulevard. This is Highway 5. West 78. There’s also, while these neighbors behind came to the meeting and that was mostly Vasserman Ridge. There’s also a subdivision across the street on Highway 5 that would also be looking at that. We did modify the conditions of the, as per your request to meet what our standards are for illuminated signs so that was the 10:00 p.m. to 6:00 p.m. and resolving the Nits. How bright it could be and the intensity so that was a condition of approval. Then we also addressed the location of signs. Signs are permitted th facing streets so they can have signs facing Highway 5, Galpin Boulevard, and West 78. Right now they had a sign that’s actually facing, it would be on the west elevation which does not meet th code. Even if they put them on the West 78 that façade isn’t as high and there will potentially be a building in front of that at a lower scale so again when we put this PUD together, this PUD. This use was not a permitted use in the zoning district. We had a lot of requests when we updated our Comprehensive Plan to put commercial in there and the neighbors didn’t want commercial. Nor did the staff so we kind of ended up with a commercial looking building in there and because it’s a PUD you know the staff’s position is that we try to make it blend within the neighborhood so with the height of that which you agreed to go higher. The Planning Commission recommended even higher than what the staff had recommended, 37 feet so this is one of the tallest buildings in the area and with the additional lighting staff recommended again, 15 Chanhassen City Council – May 26, 2015 because it wasn’t represented that it not be permitted so we have modified the conditions to state those two things. Otherwise I think the conditions are pretty much what was shown. Mayor Laufenburger: Okay so Ms. Aanenson what we have in front of us here is really, this is a result of the discussion that took place at our last council meeting where there was substantial discussion about give and take. What was acceptable. What was unacceptable and I recall that though we could have approved it last time, the direction that we gave to staff was to work through all the details and then come back with a finished document, is that correct? Kate Aanenson: That’s correct. Mayor Laufenburger: Okay, alright. We have Mr. Coyle, I think you’re present here. I’m going to give you an opportunity to speak. Just state your name and your address and you specifically asked for this to be taken from the consent agenda, which is certainly within your ability to do so, so tell us a little bit about what your concern is. Peter Coyle: Thank you Mr. Mayor, members of City Council. My name is Peter Coyle. I’m a land use counsel for Larkin-Hoffman and I’m counsel to the applicant Children's Learning Adventure this evening. Mayor Laufenburger: Okay. Peter Coyle: I think that Ms. Aanenson has ably stated the staff report and also identified the two issues that we want to just briefly seek your indulgence on this evening. The first relates to the crown lighting. The submission that was made erroneously excluded it from the lighting package. We are requesting that the council allow lighting of the crown, consistent with the other lighting restrictions that are imposed on the project itself. In other words when the lights have to go off for the other elements of the project per your approval, the crown would have to also be shut down. We reviewed the graphic with the neighborhood and did not get objection to it so I just want you to know that but that would be one of the items of the proposed PUD that we would ask that you modify to allow. Apologize if this wasn’t included in the first instance and part of the discussion when this was before you 2 weeks ago. The second item relates to the placement of a small sign. Not a small sign but a sign on the west side of the structure. Early on in our discussions with the neighborhood we agreed that the face, the north face of the building would not have any signage and would have minimal lighting subject to whatever public safety requirements there are. Mayor Laufenburger: So just for clarification. The north face would be that which is facing the th 78 Street, is that correct? th Peter Coyle: I’m sorry, it would be the, it would be facing to 78 Street correct. So it’s the bottom face. Mayor Laufenburger: So I would call that the back. Peter Coyle: Yes, correct. 16 Chanhassen City Council – May 26, 2015 Mayor Laufenburger: Okay. Alright. Peter Coyle: And as you can see it does not contain any signage. Mayor Laufenburger: Okay. Peter Coyle: Now it’s our understanding and it’s my belief and Ms. Aanenson can correct me if th I’m wrong, that we could have signage on that face because it faces to 78. We committed to the residents that we would not do that. We did however ask that there be signage on both the east and the west faces of the building on the belief that they also faced frontage. Just by way of illustration the west face would include, this isn’t the depiction of the location but this would be the signage that would be on the west face. It’s not advertising in the sense of promoting Children's Learning Adventure. It’s really informational signage but that would be the approximate scale of the signage and it would be the same thing as is allowed per the resolution on the east face which is this Preschool information. So that’s the second request. It’s something that staff recommended against. I’m just here to make that request of you this evening along with the lighting request and those are my comments. I really appreciate the chance to be here. Kate Aanenson: So while there’s no signage right now proposed, that elevation is quite a bit th lower so again there’s, while the residents may have acquiesced on the West 78 side, there’s still residents on the other side that are impacted by the visual impact. There is a potential for th future building out on West 78. It could be an office of some sort. That’s what’s permitted in th that district so that building would also want signage on West 78 so there will be signs on West th 78 in the future and this side is significantly lower. The back side of the building is significantly lower and that’s part of the reason why to put it on this side is to get the vertical visibility why that side is so high so that was our rationale for that. Mayor Laufenburger: Okay. Peter Coyle: Mr. Mayor I don’t have anything else to add. Those are the two items I wanted to raise with you this evening. I appreciate the opportunity to speak to you. Mayor Laufenburger: Okay just for. Peter Coyle: …respond to questions. Mayor Laufenburger: Yeah, just for clarification. So your first, specifically your first request is to have the bright lights around the, there’s a word you used for that. Peter Coyle: The crown. Mayor Laufenburger: The crown of the rotunda, is that correct? It’s the rotunda is on the inside but it’s the, it’s what occupies outside above the rotunda. 17 Chanhassen City Council – May 26, 2015 Peter Coyle: Yes. Mayor Laufenburger: Okay. Kate Aanenson: Can I just, yeah. I think just too, I think it’s called a neon band. I think that’s what your, so I want to, it’s this but it’s technically a neon. Peter Coyle: Yeah… Mayor Laufenburger: Okay. Peter Coyle: So that’s the first item. Mayor Laufenburger: Okay. And then the second item is you want what you describe as informational signage on the west and on the east. Peter Coyle: Well the east face is allowed per staff’s recommendation. Mayor Laufenburger: It’s on Galpin. th Peter Coyle: It’s the west face that would be technically facing the 78. Mayor Laufenburger: Okay. You used a term Mr. Coyle, you said it’s not something, it’s informational signage. What? Peter Coyle: It’s not advertising… Mayor Laufenburger: Not advertising, okay. Peter Coyle: ….for Children's Learning Adventure in the same way that their frontage signage is facing to 5. Mayor Laufenburger: So. Peter Coyle: But it is signage. Mayor Laufenburger: Okay. And you say it’s not advertising. How is the signage on the west different from the signage which is on the front or the east? Peter Coyle: It’s not different at all. If you look at this image. Mayor Laufenburger: Same lettering. Same size letters. Peter Coyle: It just promotes the preschool. Mayor Laufenburger: Same back lighting? 18 Chanhassen City Council – May 26, 2015 Peter Coyle: Exactly. Exactly. Mayor Laufenburger: Okay. Okay, alright. Thank you Mr. Coyle. If you just wouldn’t mind. Any council members have any questions for Mr. Coyle? Councilwoman Tjornhom. Councilwoman Tjornhom: Good evening Mr. Coyle. Peter Coyle: Good evening. Councilwoman Tjornhom: When you presenting to us and talking about the crown lighting you made a statement that the neighborhood didn’t object to it. Peter Coyle: Yes. Councilwoman Tjornhom: You said that you talked to them recently and they didn’t object. Peter Coyle: Yes. Councilwoman Tjornhom: So tell me how that happened. Peter Coyle: The gentleman who was here at the last, at the last City Council meeting who’s name is now going to escape me. Mayor Laufenburger: Larry Martin. Peter Coyle: Larry Martin, thank you sir. Has been the contact for us with respect to the design details as the project has evolved. We had the initial meeting as you know some time ago. I called Mr. Martin. I PDF to him a copy of the graphics and asked him to review it. They had a neighborhood meeting that evening or an association meeting that evening, at least as he related to me, and he responded the next day that they did not have an objection so that’s what I know. And if that’s contradicted by something else that you’ve heard I can’t speak to that. th Kate Aanenson: Again if I could just add to that. Mr. Martin may be representing West 78, the association. Mayor Laufenburger: Vasserman Ridge. Kate Aanenson: Right, Vasserman Ridge but what I’m saying is, this side is also equally impacted and that was never disclosed as part of the public hearing. They haven’t had an opportunity to weigh in and that was my point. Mayor Laufenburger: Councilwoman Tjornhom did you have a follow up of any sort? Councilwoman Tjornhom: I’m not sure if this is for Kate or Mr. Coyle but when it comes to signage do we have a different standard if it’s informational versus advertising? 19 Chanhassen City Council – May 26, 2015 Kate Aanenson: Well the way that our sign ordinance says is based on how much square foot area you have so obviously by putting a bigger façade on there, again that’s where that extra height that they requested allows them. It’s capped out. We try to put a ratio between the, there’s a diminishing return after you get such a big building that you can’t have a monster sign so this was capped out at a certain square footage so it’s up to them as to where they want to place that so they’re only allowed a certain square footage. Some of these signs might have, I put that in the report, might have been slightly too large as was the wall sign but it’s all can be resolved. It’s just a little bit larger than would be permitted so you’re having the same message. You know Afterschool, Preschool on all sides of the building. Again trying to capture that so my point being is on the back side there will be another building in the future more than likely that will also have signs on the front and on the back side they will also be lower. So what the ordinance, the sign ordinance, the interpretation we’ve made in the past is that the City could use the discretion to say well you get street signs on a public right-of-way is where you’re allowed a sign. You could choose to say that in this instance we could move it to a different side so this would be limiting them if you chose to say well we’re okay with putting it on the west side. That that would be it. That they’ve used that signage so they wouldn’t put it on the, anything on the back side where they would have that right. Councilwoman Tjornhom: And so the parcel that you’re talking about that it’s yet to be developed. Kate Aanenson: Correct. Councilwoman Tjornhom: Where there is a potential building. Would they be held to the same standards as? Kate Aanenson: Well if they have frontage on Galpin, which they more than likely would, could thth be on the corner there and West 78, they could have signage on Galpin and West 78 so that would also face the neighborhood so I’m saying there will be signs and that building could be an office building up to two stories tall too. Todd Gerhardt: Mayor and council I just. Mayor Laufenburger: Mr. Gerhardt. Todd Gerhardt: Want to provide a comment. This is a PUD so city ordinance really doesn’t comply in this situation. It’s a give and take scenario. You establish the standards that are within the PUD that the development has to stand by so just wanted to make sure that you understood those rules that go along with the PUD. Kate Aanenson: Yeah to Todd’s point, if you look at what we did at Primrose, that’s all brick. The Primrose school down on Lyman and 101 so there’s different standards. So this one we didn’t make them do all brick. They got a pretty tall building so we’re just trying to say, and as Todd was alluding to, kind of that, the trade off for the PUD. Trying to be more sensitive to the 20 Chanhassen City Council – May 26, 2015 neighborhood. We think being more sensitive to the neighborhood, eliminating that additional lighting on top would be more sensitive since it was not disclosed at the original public hearing. Mayor Laufenburger: Don’t go away Mr. Coyle. We may have some more questions okay. Councilwoman Tjornhom. Councilwoman Tjornhom: Just one little one, I’m sorry. Mayor Laufenburger: Sure, that’s alright. That’s what this is for. Councilwoman Tjornhom: During the last meeting when you were here and was this the picture that was presented to us when it came to the building? Kate Aanenson: No, because they didn’t show lighting on that before. Councilwoman Tjornhom: No, okay. Okay, that’s what I was going to ask. Kate Aanenson: Yeah because Mr. Clement he was asked, I think Mr. McDonald asked if there was lighting, up lighting and he said no because I think, and you agreed. There was a miscommunication. It wasn’t until we were going through this with the architect and I was speaking to him and he said oh no, no. We intended lighting. It was never shown in the plans that were submitted to the City. That’s kind of where I’m saying well I don’t know if we’ve really disclosed it to the rest of the. Councilwoman Tjornhom: And I’m sorry I could have looked I guess in the past packet but I just wanted to see if this is what was presented to us. This exact picture with the lighting. Kate Aanenson: No. Councilwoman Tjornhom: And it just was never. Kate Aanenson: No. Mayor Laufenburger: I think, I’m with you Councilwoman Tjornhom. What I recall was Mr. Clements took us through a printed brochure which essentially showed daylight material so there was really, I don’t recall that there was any night time, night time photos that were taken of Cady, Texas or wherever the other ones were so. Any questions or, Councilwoman Ryan? Councilwoman Ryan: Mr. Coyle just in terms of the lighting, or the sign on the west side. How do you not have a sign on the west? Is that not part of the structure of the building? So if that was not there, because obviously it’s a call to where parents are to pick up, is there an alternative spot for the sign? Would the structure of the building have to change? Peter Coyle: Mr. Mayor, council member. The face to Highway 5 includes these two signs. What we are proposing, just so we’re clear is that the east face and the west face would have the same signage replicated. Not both signs but one of each. So this face, which would be the west 21 Chanhassen City Council – May 26, 2015 face would have Afterschool also included. And the east face would have Preschool so they’re informational to that degree and as I indicated we’re not proposing to include any signage on the th north face, which is to the residents across 78 so the building itself would not change. I guess we would go without that sign on the west face. That would be the direction of the council based on your approval if that’s the results. Kate Aanenson: And just to be clear you’re not looking at the entire sign package but there’s also a, a monument sign on Galpin Boulevard so that also gives directional information too. So there’s directional sign internal. Mayor Laufenburger: Is that monument sign close to the right-in/right-out entrance? Is that where that monument is or is it? Kate Aanenson: Yeah, it’s closer up that way, yes. Mayor Laufenburger: Okay. Kate Aanenson: Actually it’s at that location, correct. Mayor Laufenburger: Okay. So did I hear this correctly Ms. Aanenson, that there is, that the word Preschool is acceptable on the east or the Galpin facing side of the building, is that correct? Kate Aanenson: That’s correct. Mayor Laufenburger: So that is there. So the only change that Mr. Coyle you’re advocating is putting the word Afterschool as an informational sign on the west side. Peter Coyle: That’s correct. Mayor Laufenburger: Okay, alright. So any other, well did you have another question Councilwoman Ryan? Councilwoman Ryan: I did not, thank you. Mayor Laufenburger: Councilman McDonald you had a question. Councilman McDonald: Yeah I’ve got a couple questions. Let me just walk through all of this. The picture that’s up here right now what that appears to be is up lighting. In other words there would be lights down inside the crown that are shining up of a higher intensity but while ago when Ms. Aanenson was talking with you, you said it was a neon strip. Kate Aanenson: I said that. Councilman McDonald: Okay, well what’s there is not a neon strip. What is going to be there? Is it a neon strip or is it actually that looks like flood lighting that would shine up and then you know the light would diffuse off the dome. 22 Chanhassen City Council – May 26, 2015 Peter Coyle: I can’t speak to the technology specifically council member but I believe it’s recessed. It may well be neon in source but it’s recessed to the degree that it creates the effect of the lighting that you see but the light source itself is shielded is my understanding. Councilman McDonald: Okay. And I think from last time when we were talking about the hours of operation you’re closed at 6:00 pm is that correct? Peter Coyle: Correct. Councilman McDonald: And I think that what we talked about was applying our city standard that we’ve done in a few other areas where by 10:00 all the lights go off and you all seemed to be in agreement with that. Peter Coyle: And we still are. Councilman McDonald: Or would you be in agreement to reducing that lighting down by 8:00 because you know does it really buy you anything for those additional 2 hours? Peter Coyle: Mr. Mayor, council member. We’d be grateful for whatever support you would choose to grant to the project in that respect. Councilman McDonald: Okay. I guess I would you know bring it back to the council and also to staff. I mean would that be acceptable as a compromise in all of this that at least by 8:00 then the lights would go out and that would have a minimal effect at that point upon the neighborhoods. Kate Aanenson: Well to be clear we did go through the sign package. We did some questions on that. We don’t allow up lighting in the city except for the American flag or flags of the State so this building does have a significant amount of up lighting that they’ve told them they would have to change so I’m not sure if this is up lighting or neon lighting but it’s, it’s going to be pretty bright along the skyline. It’s 50 feet up in the air so I’m. Councilman McDonald: No, I agree. Kate Aanenson: It’s a PUD and I’m just, I just want to make sure when we get calls that everybody understands that you know that we’re trying to do sensitive. That’s why we picked the PUD and try to make it fit into the neighborhood and while Mr. Martin may, he’s representing Vasserman Ridge, you’re 50 feet up. It’s also going to effect some of these other people behind the Kwik Trip and the like too so I just want to be clear on that. Councilman McDonald: Well that’s why I’m asking the questions. I mean there’s a difference between a neon strip around the dome and up lighting. That’s a big difference in you know the visual effect to the homes to the north and also the homes across the street so that’s why I was wondering okay, what kind of light are we actually talking about because that could make a difference. But then the other thing is that if you’re willing to explore the possibility of reducing 23 Chanhassen City Council – May 26, 2015 the lighting earlier than what we had talked about before, I’m posing a question before council and also staff, would that be a compromise that would be acceptable? Peter Coyle: Mr. Mayor and council member could I just clarify what you’re suggesting there? Councilman McDonald: Certainly. Peter Coyle: We would certainly prefer to keep the 10:00 shut off time for the project as you thought you were accepting at last time. Mayor Laufenburger: All lighting. Peter Coyle: Yes. If you’re suggesting a limitation on the crown lighting be 8:00, I mean we’ll certainly be grateful for that support but I would not be in a position to authorize the reduction of hours for the rest of the lighting for the building. Mayor Laufenburger: Right. Peter Coyle: Just to be clear about that. Mayor Laufenburger: And I don’t think Mr. Coyle that that’s, the staff isn’t recommending. Peter Coyle: Understood. Mayor Laufenburger: Yeah they’re recommending the 6:00 am to 10:00 pm, am I correct on that? Kate Aanenson: For the rest of the lighting and. Mayor Laufenburger: For the lighting that is in the staff recommendation which right now does not include a dome light of any sort. Kate Aanenson: That’s correct. We’re saying no dome lighting, correct. Mayor Laufenburger: Alright. Mr. Campion, did you have a question? Councilman Campion: I have one pretty focused question. So on the rotunda for the up lighting, do we have any other examples in the City where we have a, I don’t know lumens or a brightness limitation on lighting so that it, you know it’s not this glowing structure that you. Kate Aanenson: We don’t have anything this high or this tall and it’s bigger than the movie theater sign. We don’t have anything like this in town so I can’t, we do have, we do have regulations on the lumens but. Todd Gerhardt: Kate you referenced that right now the ordinance doesn’t allow for up lighting. 24 Chanhassen City Council – May 26, 2015 Kate Aanenson: Correct and so that’s why I’m trying, you know it’s an up light. It’s really not, in my opinion it doesn’t meet that definition to be that type of feature. Todd Gerhardt: Typically what Mayor, City Council members, typically what our ordinance allows for is individual letters to be lit. There can be accent. Councilman Campion: Or back lit. Todd Gerhardt: Or back lit but there can be some smaller accent lighting. The landscape lighting but not to the effect of up lighting or in some cases there has been applications of neon being used but not enough to make a glow. Councilman Campion: Now Kate the other up lighting you’re talking about, the image we’re looking at here would be the, the signs that are shining onto the building. Kate Aanenson: Correct. Councilman Campion: The lower. Kate Aanenson: You’re right, it’s these up here. Yeah if they’re landscaping pointing down but if they’re, they had some that were shining up on the building so that, those are the ones. Those are a nuisance complaint. Mayor Laufenburger: Yep. We understand. Kate Aanenson: We have a history of that and. Councilman Campion: That’s what I wanted to throw out is maybe an alternative to having the crown lights turned down earlier than the rest of them might be to specify lumens limitation on it so that it, you know the glow is more limited in nature. Kate Aanenson: My concern is we’re going down a slope where we don’t permit them and we have no criteria why we’re basing to say that we’re going to let them do it when it’s a PUD and we’re saying that you know now, you know with a zone that wasn’t really even permitted we’re going to let it go in and then we’re going to give it all this extra lighting. Mayor Laufenburger: Thank you Kate. Any other questions for Mr. Coyle? I have a couple Mr. Coyle. I think of advertising as creating a brand and in the case of Children's Learning Adventure everything is a brand. You know the building. What you do. The programs, all of that is a brand and I also think of advertising as doing something which leaves an impression with the audience, whoever that audience might be that is a memorable impression. There’s no question in my mind that this building is going to leave a memorable impression. With or without lights it’s presence on Highway 5 is going to be a memorable impression and while I don’t disagree with your usage of the word informational, bright light Preschool. Bright light Afterschool on the south facing and on the east facing, that’s, I don’t think that’s so much instructional as it is advertising so I’m sure that Rick and Cheryl they have a brand that they 25 Chanhassen City Council – May 26, 2015 want to create. Now I’m expressing to you my view on this because I’ve spent time in this industry and understanding the importance of making an impression. So that’s my view on the signs. And do you have, Kate can you bring up a visual depiction that would show landscape as well? Landscaping. Like trees and stuff. Yeah, could you show that. Mr. Coyle do you think, is this a fair representation of what you think that overall land will look like? Peter Coyle: Oh boy. Mayor Laufenburger: Maybe I should ask that question of Ms. Aanenson. Peter Coyle: Yeah, I’m sorry Mr. Mayor. I’m not. Kate Aanenson: It’s going to be a while before it gets to that level so I don’t think it will be that. Mayor Laufenburger: But is this a fair depiction of what the building looks like? Kate Aanenson: The building, correct. Mayor Laufenburger: Okay, so that means the word Afterschool would be on that tallest wall on the west side which eventually will be. Kate Aanenson: Would be over here. Mayor Laufenburger: Blocked by trees. Kate Aanenson: It could be. Mayor Laufenburger: Could be potentially blocked by trees, okay. I do have one question. You, I don’t want to make a big deal out of it but you said that this lighting was excluded from the original plans. Do you know why that was Mr. Coyle? Peter Coyle: Mr. Mayor I don’t think I mentioned excluded. I think it was omitted. I think we just made a mistake. Mayor Laufenburger: Omitted? Oh okay, alright. Peter Coyle: It was unintentional is what I’m saying. Mayor Laufenburger: Okay. Peter Coyle: I think it was just a mistake. Mayor Laufenburger: Okay. I think you understand and Mr. Gerhardt said this pretty clearly that a PUD takes a development outside of the ordinances and we as a council are obligated to look at it as a whole and our obligation includes looking at it when it comes to us as a whole and I can’t speak to how much council members looked at well we’re going to give this but we’re not 26 Chanhassen City Council – May 26, 2015 going to give that. But we can never know what the council might have done had the lighting been included with the original PUD, you follow what I’m saying Mr. Coyle? Peter Coyle: Understood. You bet. You bet. Mayor Laufenburger: Okay, so here’s my recommendation and that would be, I would like to see a motion of the original recommendation from staff and then we’re going to pause to see if there’s an amendment emerges for either lighting, signage or the other. Does that sound acceptable Mr. Gerhardt? Todd Gerhardt: Yes. Mayor Laufenburger: Okay. Any member of council wish to make a motion to that effect. Councilwoman Tjornhom: I will go ahead and make a motion. Mayor Laufenburger: Councilwoman Tjornhom. Councilwoman Tjornhom: Mr. Mayor I’d like to make a motion that the City Council approves the Planned Unit Development rezoning ordinance, site plan for a 33,032 square foot building subject to conditions of approval and adoption of Findings of Fact. Mayor Laufenburger: Okay, thank you for that motion. Is there a second? Councilman McDonald: I’ll go ahead and do a second on this but then I have a question. Mayor Laufenburger: Alright Mr. McDonald we have a second, thank you. Now is there discussion or questions? Councilman McDonald: I have discussion. Mayor Laufenburger: Okay, Mr. McDonald. Councilman McDonald: Okay if I understand you what you’re kind of looking for is would someone up on the council want to add an amendment concerning lighting, is that? Mayor Laufenburger: Yeah. My desire council members is to put essentially a base in place which I believe reflects the direction that was given to staff at our last council meeting and staff came back with that and that’s the motion we have in front of us. But we also have the comments from Mr. Coyle where he would like to have a couple changes and all I’m asking is, is there somebody on the council that would like to make changes reflecting any portion of Mr. Coyle’s request. Councilman McDonald: Okay then I guess I have a follow up with that because where are we at with the time limits for having to take action upon this PUD? 27 Chanhassen City Council – May 26, 2015 Mayor Laufenburger: That would be a question for Ms. Aanenson. Todd Gerhardt: I think you have, what is it? Kate Aanenson: I don’t have my whole case with me here. Todd Gerhardt: We can initiate another 60 days so we’d need that from the developer but I think we’re right at the first 60 if I remember right. Councilman McDonald: Then could I ask a hypothetical of Mr. Coyle? Mayor Laufenburger: Sure. Councilman McDonald: If we were to look at lighting and if there were to be a friendly amendment to this motion to say basically okay we’re probably okay with lighting but just not the type of lighting that you’re currently proposing to us and we would ask you to go away. Work with staff. Come up with something that could be acceptable. Would that give you enough time to propose something to bring back to us? Peter Coyle: Mayor and Councilmember McDonald, it’s a very fair request and I appreciate it. Since I hadn’t contemplated that question by showing up tonight I think what I should do in the interest of my client is to, with respect to that specific suggestion ask you to take action this evening in whatever manner you feel is appropriate. We’ll continue to, at least on our side of the table explore the lighting question based on the comment and at least present it back to staff and see whether it merits bringing it back in front of the council for consideration but I’d prefer not to hold the project longer by the additional time as you suggested. If that were a condition of approval we certainly would work with that with an understanding that if we can’t reach an accommodation on the lighting then it would not be allowed but as I sit here tonight I’d rather ask that the council move forward with the approval if it’s going to grant it. Mayor Laufenburger: Okay, thank you for your comments Mr. Coyle. Peter Coyle: Thank you very much. Councilman McDonald: And then Mr. Mayor a question for Ms. Aanenson then. If we vote on this the way it is, are they allowed to come back and say hey we want to make these changes and you could bring something back to us as an amendment? Kate Aanenson: Yes. You can always amend a PUD. Councilman McDonald: Okay. Okay, I’m finished Mr. Mayor. Mayor Laufenburger: Okay, thank you Councilman McDonald. Any other discussion or comments? 28 Chanhassen City Council – May 26, 2015 Councilman Campion: I was about to ask the same question that Councilman McDonald asked so. Mayor Laufenburger: Okay. Ms. Aanenson, could you just clarify what you just said? Your statement was. Kate Aanenson: You can come back and amend the PUD. So right now you’re approving the standards of the PUD as submitted by the staff. Mayor Laufenburger: Right. Kate Aanenson: So if the applicant wants to come forward and bring some more detailed information for you regarding the lighting, the intensity and it’d be nice to get the photometrics to see how big the area span is. Some additional information for you and kind of look at that whole package, then we would come back. They could apply for a PUD amendment. Mayor Laufenburger: And that PUD amendment, does their application for a PUD amendment automatically bring it to council eventually or does it go through staff evaluation? Kate Aanenson: It would go through staff evaluation first and then we’d hold the public hearing at the Planning Commission and that would come back up to you. Todd Gerhardt: A new application. Mayor Laufenburger: A new application. Kate Aanenson: Yes, correct. Mayor Laufenburger: Okay. Is there any further discussion or comment? So we have a valid motion to approve the PUD rezoning ordinance, site plan for 33,000 square foot building subject to conditions of approval and adoption of the Findings of Fact. That is our motion and we have a second. Councilwoman Tjornhom moved, Councilman McDonald seconded that the Chanhassen City Council approves the Planned Unit Development rezoning ordinance, and Site Plan for a 33,032 square foot building subject to the following conditions of approval and adoption of the Findings of Fact: Site Plan: Building Official 1.A building permit is required prior to construction. 2.The building is required to have an automatic fire-extinguishing system. 29 Chanhassen City Council – May 26, 2015 3.Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 4.Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. 5.Fenced “playground” areas must be provided with approved, code-compliant exiting systems. Engineering 1.The proposed access and turn lane on Galpin Boulevard are subject to Carver County’s review, approval and permitting. 2.An escrow for the trail work and water service connection shall be collected with the site plan to ensure that the area is restored and functioning properly after one freeze-thaw cycle. 3.A barricade must be installed at the end of the stub located north of the Galpin Boulevard access. 4.The developer must contact the city’s construction manager at 952-227-1166 a minimum of 48 hours prior to the wet tap. 5.The developer must obtain any necessary approvals to grade and install improvements within the Xcel Energy easements on the western and southern portions of the property. 6.The developer shall meet the requirements of the April 9, 2015 review letter from MnDOT. Environmental Resources Specialist 1.The applicant shall change Chinese elm to Princeton elm and Golden ash to an overstory, deciduous species selected from the city’s Approved Tree List. 2.The applicant shall revise the plans so that no more than five trees of one species are planted th in a row along West 78 Street. 3.The applicant shall change the two proposed swamp white oaks along Highway 5 to an understory species. The proposed Golden ash to be planted at the southeast corner of the property shall be moved slightly north to further avoid the OHE line. Fire Marshal 1.A three-foot clear space must be maintained around fire hydrants. 2.No burning permits will be issued for tree/brush removal. 3.“No Parking Fire Lane” signs and yellow-painted curbing will be required. Contact the Fire Marshal for specifics. 30 Chanhassen City Council – May 26, 2015 4.Twelve-inch address numbers of contrasting color shall be installed on the building side facing Galpin Boulevard and also on the monument sign at the driveway entrance. The Fire Marshal must review and approve prior to installation. Planning 1. The eastern elevation must provide additional windows to meet the 50 percent transparency requirement or other architectural detailing as outlined in the staff report. 2. The applicant shall provide bicycle parking and storage facilities. 3. Parcel A may be dedicated to the City. Pervious surface credit will be apportioned to Parcel B. 4. The illuminated sign inside the rotunda can be illuminated from the hours of 6:00 a.m. to 10:00 p.m. at a maximum of 5,000 Nits. During all other hours the illumination may not exceed 500 Nits. 5. The illumination at the top of the band on the rotunda was not submitted as part of the plans and is not permitted. Lighting shall not be directed skyward. 6. The wall signs are only permitted on Highway 5 and Galpin Boulevard and must comply with size standards in the city code. The monument sign shall comply with city code. Separate sign permits are required for signage. Water Resources Specialist 1.The pond which discharges directly to the wetland shall be used as a temporary basin throughout the project. A temporary outlet and inlet shall be designed and constructed. This basin shall be graded to the approved design upon substantial stabilization of the remaining site. The plans must indicate this requirement. 2.The bioretention area shall be graded last and perimeter control in the form of silt fence with metal tee posts shall be installed to protect the area from construction traffic and material storage. A note shall be added to the plan set to this effect. 3.City code requires that six (6”) inches of topsoil be placed on all disturbed areas to be vegetated unless other engineered soil is to be used such as in bioretention areas. Topsoil shall be stripped on the site and stockpiled with adequate erosion prevention and sediment control practices. The plan shall indicate this requirement and demonstrate how this will be accommodated. 4.Slopes immediately tributary to wetland shall be stabilized within 48 hours of cessation of earthwork activities. The slope must be stabilized with a hydraulic erosion control product or net-free biodegradable erosion control blanket. 31 Chanhassen City Council – May 26, 2015 5.Inlets with the potential to have sediment introduced as a result of import/export of materials shall have inlet protection installed. Dandy bags are not an acceptable inlet protection device. See City Detail 5302A. 6.Item B2 on Sheet C6 shall be changed to delete the 21-day requirement. 7.A note shall be included on Sheet C6 indicating that the bioretention areas must not be graded to their final condition until the contributing watershed is stabilized. 8.Item E10 on Sheet C6 shall be changed to read “…due to construction equipment driving across or materials being stockpiled in the infiltration area.” 9.Quantities of BMP measures must be included. This shall include the volume of topsoil and the quantity of seed required. 10.Because this site is tributary to an impaired water, the stabilization of all disturbed areas draining to Bluff Creek must be initiated immediately but in no case later than 7 days. The exception being those areas to be stabilized within 24 hours. 11.A note shall be included on Sheet C6 indicating that topsoil is to be stripped and stockpiled onsite such that an adequate quantity exists to place six (6”) inches over all disturbed areas to be vegetated. 12.Include discussion of receiving water being Bluff Creek which is on the 303D list as impaired for turbidity and fish indices of biological integrity. 13.Chanhassen requires that metal tee posts are used with erosion control fence. Wooden posts are not allowed unless explicitly stated by the city. The plans shall use City Detail #5300. 14.City Detail #5301 shall be used for the rock construction entrance. 15.Final stabilization methodologies shall be included as part of the overall SWPPP. 16.Design of stormwater best management practices shall follow the guidelines of the Minnesota Stormwater Manual. 17.The applicant shall meet the volume reduction requirement set forth in the NPDES permit of one inch from all impervious surface or demonstrate to the City’s satisfaction that the site meets one or more of the limitations described in the permit. 18.In the event that a limitation does exist, the applicant shall provide volume reduction to the maximum extent practicable and shall evaluate the potential of practices beyond infiltration such as stormwater capture and reuse. 19.The final basin prior to discharge into the wetland shall be designed as a wet detention pond and must meet NURP recommendations and city design standards. 32 Chanhassen City Council – May 26, 2015 20.Curb cuts shall be no less than five (5) feet wide and shall have adequate pretreatment prior to discharge into the bioretention features. 21.The outlet structure from the pond into the wetland shall not be submerged. 22.A drainage and utility easement shall be recorded over the stormwater management features and the wetland. 23.The city will maintain the NURP basin upon acceptance of the final product. 24.The property owner shall be responsible for the long-term maintenance of the bioretention features. 25.A maintenance agreement for the bioretention features shall be entered into by the land owner as required under the MS4 permit. This agreement shall be recorded against the property. 26.An operations and maintenance manual shall be prepared by the applicant for the bioretention features. This shall address the planting schedule, establishment period as well as presumed long-term annual and semi-annual maintenance requirements. 27.The applicant shall procure all necessary permits from agencies with jurisdiction over the project area. 28.The site must meet the requirements of the Minnesota Department of Natural Resources Shoreland rules. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you council. Thank you Mr. Coyle. Peter Coyle: Thank you very much for your time. Appreciate it. Mayor Laufenburger: Ms. Aanenson. That concludes our business. COUNCIL PRESENTATIONS. Mayor Laufenburger: Is there any council presentation this evening? Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: I don’t have a formal presentation but I just wanted to comment on something that the City is doing that I think should get public recognition and it came from the meeting Minutes from the staff meeting last Tuesday that Mr. Gerhardt sent out and it’s just what we’re doing. As a City what we’re doing on an environmental front that I think should be 33