PC Minutes 06-02-2015
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
JUNE 2, 2015
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Andrew Aller, Mark Undestad, Lisa Hokkanen, Steve Weick,
Maryam Yusuf, John Tietz, and Nancy Madsen
STAFF PRESENT:
Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; Drew Ingvalson, Planner; and Alyson Fauske, Assistant City Engineer
PUBLIC PRESENT:
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Ross Elenkiwich 4100 W. 50 Street, Edina
Helene Schock 2309 Boulder Road
PUBLIC HEARING:
8610 GALPIN BOULEVARD INTERIM USE PERMIT: REQUEST FOR AN INTERIM
USE PERMIT FOR GRADING IN EXCESS OF 1,000 SQUARE FEET ON
APPROXIMATELY 50 ACRES OF PROPERTY ZONED AGRICULTURAL (A2) AND
LOCATED AT 8610 GALPIN BOULEVARD (HOLASEK GREENHOUSE PROPERTY).
APPLICANT: CHADWICK GROUP, INC. OWNER: HOLASEK FARMS, LP,
PLANNING CASE 2015-12.
Fauske: Thank you Chairman Aller and members of the Planning Commission. The first item
on your agenda is an interim use permit application for grading purposes. The applicant is
Chadwick Group Incorporated and Holasek Farms. The site is located south of Lyman
Boulevard and just south of the intersection at Galpin to the north of the railroad that goes
through town here. The site has historically been used since 1957 as a greenhouse operation.
That business has ceased to operate as of this year and currently the applicant, pardon me. The
property owner has the demolition permit to demolish the buildings on the property and looking
at the ultimate development of the site they’ve looked at doing some soil corrections at this time
in order to remove some material that isn’t suitable for building foundations in order to prep the
site for any potential future redevelopment. There’s no plans at this time for redevelopment but
they just wanted to take this opportunity during this construction season to go ahead and request
permission to remove material and bring in some material that would be suitable for building.
Again they’re requesting an interim use permit to remove the organic soils from the property and
then also to stockpile some additional soil on the property for future development of the site.
According to the development application the amount of cut material proposed is just over
52,000. 52,478 cubic yards and based on the grading plan submitted staff estimates that it’s
about 91,000 cubic yards of stockpile on the site at two locations. The grading plan submitted
with the application shows the proposed cut areas, which is right here. Just for frame of
reference right here is the intersection at Galpin and Lyman. That’s also the entrance to the site
so the first cut areas in this location and the second cut area to the south. Also for frame of
reference if you’ve seen the site there’s an underground gas line that bisects the property at this
Chanhassen Planning Commission – June 2, 2015
location. The two stockpile sites shown on the plan. There’s one here in the northwest corner
and then another one here in the central area. When we met with the applicant prior to submittal
we had indicated that there’s some, that there have been based on historical photos that there
would be, there could be some wetland conditions on the site so included in the packet this
evening was mention of some soil borings that were taken on the site which verifies the amount
of peat that’s located on the site where they’re proposing to excavate. And since then, since the
staff report was published staff has been working with the development team, the project
proposer with regards to trying to determine if there are any wetland conditions out here so this
slide here, the area shown in red is material that is a soils survey that shows soils that can be
indicators of a wetland. So in response and after our conversation with the applicant, the
applicant went ahead and installed 6 piezometers on the site and at a location that we discussed
in the meeting and the purpose of the piezometers is to monitor the ground water elevation and
what that information tells us is if there’s, in Minnesota if there’s ground water present within
the 12 inches below the surface, that indicates hydrology for a wetland if it’s I believe 5 percent
of the growing season which is about 8 or 9 days. So we’re taking data readings from the
piezometers. Some supplemental information was handed out to you prior to the meeting. We
apologize for the late distribution of this information but we’ve been trying to get as much
information as possible for the Planning Commission just to let you folks know that there’s still
some information that we’re gathering to try to determine if there are wetlands out there. In the
staff report staff does include a condition that if there, that any wetlands would have to be
delineated and any impact to those wetlands would have to go through the Wetland Conservation
Act. The interim use permit does not supersede the Wetland Conservation Act. So as we
continue to get this information, share it with the project proposer, at this point there’s some
indications of some elevated ground water at approximately this location. Again as a frame of
reference the underground gas line bisects at this location so in this location then also a potential
for where there’s been some observance of surface water at this location. Just to the west of one
of the piezometers so the applicant has been very responsive to staff as far as going and
addressing our concerns and providing us the information requested so we’ve been very happy
with his response. So based on the information that we have at this time the motion that is, that
staff is recommending that the Chanhassen Planning Commission recommends that the City
Council approve the interim use permit to allow the site grading subject to the conditions of
approval and adopt the Findings of Fact and Recommendation. At this time I would be happy to
answer any questions that the commission might have at this time.
Aller: Just for the record we’ve received a memorandum dated June 2, 2015 from Terry Jeffery,
the Water Resources Coordinator which was just discussed. It’s part of our record and will be
part of the package that’s on the City’s website for those of you who are present or at home who
would like to take a look at that again following this matter to June 22, 2015 for it’s final
conclusion. The soil that’s being removed is mostly peat?
Fauske: Correct.
Aller: And my understanding from the report is that it’s going to be removed and taken off site.
Fauske: Correct.
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Chanhassen Planning Commission – June 2, 2015
Aller: Is that still the plan?
Fauske: Correct.
Aller: And then will any of the activities I guess that, are any activities in the grading covered by
our conditions such that we won’t be modifying this from a potential wetland to a non-wetland
without knowing it? Is there, with the piezometers in place and with our conditions, are we
assured that this is not going to be something where we’re turning a potential wetland into a non-
wetland.
Fauske: Correct. On page 4 of the staff report under the recommendations section, number 3
states before grading operations commence the applicant must provide adequate evidence that
the areas within, with the potential to meet the criteria for classification as jurisdictional wetland
are either (a) not wetland or (b) delineated. So that condition, staff put that condition in there
knowing that we’re still gathering some evidence to understand if there’s wetland. Any
approvals, any recommendations for approval to the council at this time would not supersede the
Wetland Conservation Act and allow the applicant to go and make any impact to a wetland.
Aller: And then just for our understanding and those individuals that are interested in this
project, no grading take place unless those conditions are met.
Fauske: That is correct.
Aller: Any additional questions or comments?
Tietz: Yeah Alyson, I just want a clarification on Andrew’s question because it appears that the
stockpiled material is going to be the peat material that’s extracted and then it’s going to be
stockpiled until it can be sold as garden material according to the notes that are attached to the
document.
Fauske: The applicant is here as well to answer some of those questions.
Tietz: Okay.
Fauske: During the review I did pose the question if the stockpile was for the cut material or if it
was import and perhaps he could answer that question.
Tietz: Okay, and the import material, the 91,000, estimated 91,000 cubic yards, where is that
going to come from and how would that be brought to the site and.
Fauske: Certainly.
Tietz: It looked like the slopes that are proposed would not create excessive drainage from the
slopes of the stockpile which I’m sure, and if it’s stockpiled for any length of time does that have
to be over seeded?
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Chanhassen Planning Commission – June 2, 2015
Fauske: Excellent questions Commissioner Tietz. The location where they’ll be bringing the
material in, I’ll leave that for the applicant to answer that question. I’m not certain if they’ve
identified that source. One of the things we have requested and did receive from the applicant is
the proposed haul route and he indicated Highway 41 to Lyman which we just get that
information one, to make sure that the roads are adequately designed to carry that type of traffic.
And number two is quite often if there’s a haul route we’ll, a resident in the area might say hey
there’s all these trucks going. What’s going on and then we have an answer to their question
when they’ve called in.
Tietz: Sure.
Fauske: Regarding the slopes on the stockpile, the grading plan shows them to be a 3 to 1 slope
which is from what we’ve witnessed is what you would call a maintainable slope where it can
establish vegetation. They certainly would be required to stabilize the stockpile after a period of
time when it hasn’t been worked on so that’s all part of their erosion control plan that they’ll be
working on with staff.
Tietz: Okay, thank you.
Fauske: You’re welcome.
Undestad: I’ve got one quick one too. Just on your recommendation 3. Would 3(b) then, would
that technically take care of Terry Jeffery’s concerns in his letter here? The last paragraph he
had his observations on there.
Fauske: That’s correct. Recommendation 3(b) is stating if the wetland is delineated according to
the methodologies that are approved practices, that they would have to be submitted for review
and then when it says an approval in accordance with the Minnesota Wetland Conservation Act,
that would be that if there’s, for instance there are certain types of wetlands that can be excavated
a certain amount so that condition would then cover that. I believe in this instance it was a
maximum of, and I don’t want to speak out of turn. I think it was 3 feet or something to that
extent. So whatever would be allowed, whatever work would be allowed under the Wetland
Conservation Act, recommendation 3(b) is intended to cover that as far as under the interim use
permit. That they could do any excavation that would be allowed under the Wetland
Conservation Act.
Aanenson: Chairman Aller if I may, just to be clear for everybody on the Planning Commission
and anybody else tracking this, so on the last page of Terry’s recommendation is that a qualified
wetland delineation be made so, just so there’s no ambiguity there so then they’ll decide based
on the delineation some of those factors.
Undestad: Okay.
Aller: Any additional questions? Okay. We’ll hear from the applicant at this time. Anyone
from the Chadwick Group like to come forward? If you could state your name and address for
the record and your representational capacity that’d be great.
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Chanhassen Planning Commission – June 2, 2015
John Chadwick: Okay, thank you all. Glad to be here. My name is John Chadwick from
Chadwick Group. I reside at 4477 Manitou Road, Excelsior, Minnesota, 55331. Good to be in
front of you again on another matter here. It’s always good to keep things moving forward and
fun in the city of Chanhassen. I’ve had good working relations with your staff here and provided
a lot of guidance on this. A little bit of background. Our family was in the vegetable business
for years and years. My dad and Earl Sr. were kind of vegetable farmers together way back in
the way back days and so it’s fun to keep working with that family and things as they move
along after, from ’57 the year I was born til now my heavens. Times change. Needs change.
Greenhouse industry’s changed greatly here in Minnesota. It’s kind of cold up here and they can
bring stuff up in a truck pretty fast and that’s that. Plus people get older just like all of us they
kept having birthdays too so now we’re in a new phase and that is, here we’ve got this wonderful
site right here in Chanhassen. Perfect access to great roads. I’ve never had a chance to grading
where I’ve got a signalized interchange. Yes, thank you very much. I did live long enough. I’m
good. I’m done after this and black dirt or peat doesn’t support buildings. Black dirt or peat
rather is kind of a, not a menace but it’s a pain in the behind or if you’re trying to build a
building. So you’ve got to get that stuff out of there. The more you can get out of there the
better your yield is going to be. A new kind of yield. Square food building. Number of square
feet of buildable surface that you can have. That’s a different kind of a crop. So it takes a little
while to get that done and you can do it either this way which is let’s go at it when we’ve got a
little bit of time or you can have the emergency which is let’s go at it really fast and it costs a lot
of money to get rid of it and it costs a lot of money to bring stuff in. And I’ll try to answer as
many questions as we go along but where will the import come from? I don’t know exactly but
I’ve got to be very careful that what you bring in you don’t have to haul off again. That it would
be good compactible fill and compatible with the site that’s there and that stuff shows up and
sometimes it moves a long way down the road and sometimes you can be 3-4-5 miles from it and
boy that’s a handy thing. It’s good for the environment if we don’t have to haul it all over
creation and back again. Personally black dirt or peat is a terrible thing to waste. You know it
took God and nature 10,000 years to put it there. We shouldn’t just put it in a berm and look at
it. We should make it available for gardens and that kind of thing. Enough talking. We’ve had
a lot of input on this plan. I think we have a good plan. I’ve been working with staff and they’ve
been very helpful in what’s going on out there and helping us understand the site. It’s been
farmed for years and years and years. We’ve got all kinds of studies done on it. We’re just
trying to get ready to go. Don’t have any hey, this is what we want to go build right now. Some
people looking at it. Again it’s a great site. There’s not a lot of sites left in Chanhassen so I’m
happy to represent that site and help them get it started.
Aller: Great.
John Chadwick: Any questions?
Aller: Well first Mr. Chadwick I’d like to commend you for beginning early. Working with the
staff. It sounds like you’ve got a great relationship going. It sounds like you’re on the soils early
which is going to be good for environment as well as for your building. Just to get to some of
the questions and make sure that they’re answered so everyone’s on the same page. The peat is
going to be moved off site?
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Chanhassen Planning Commission – June 2, 2015
John Chadwick: Correct.
Aller: And so that will not be stockpiled?
John Chadwick: I don’t see it as being stockpiled very long. There might be gee we’ve got
some equipment there. We’ll move that off and get peat in a stack and then move that off site
and then bring some different equipment in but it wouldn’t be for very long. The intent of the
stockpile is there for good compactible soil. Future soil.
Aller: And you’re using as an ingress and egress the existing roadway?
John Chadwick: Yes sir. Yes.
Aller: And it’s in the plans, in the report.
John Chadwick: Yeah.
Aller: The water erosion plan, you’ve been working with the City on that? And so you’re
comfortable with all the conditions that have been put in the report this far?
John Chadwick: Yes, yes and as a practical matter when you dig a hole you kind of know where
your water’s going to end up. I know we all know that and we had some guys worried about
ponding in a gravel pit one time and we said well, you’ve never been able to make it pond in a
gravel pit. It’s sand. It goes down and then we kind of worked through all that stuff so yes sir.
Aller: Okay great. And have you had an opportunity to take a look at Mr. Jeffery’s report?
John Chadwick: Yes.
Aller: And you understand that we’ll be asking for a designation and delineation of the wetland.
John Chadwick: If, I think there’s a word if in that and if it is, absolutely. Is that on the page 3?
Aller: Well there’s a condition in the report and then there’s his report which is also requesting
that if the water continues to be at the levels in the piezometers that they are, that we’d be
requesting that. So I don’t want you to come back and I don’t want any surprises.
John Chadwick: Correct, correct. And I’m looking at about 3 or 4 last paragraphs, if the area is
found to have hydrology a delineation of wetland areas will be required. Of course so that’s not
a surprise.
Aller: Wonderful, thank you. I have no further questions. Anyone else? Thank you very much
sir.
John Chadwick: Thank you. Appreciate it.
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Chanhassen Planning Commission – June 2, 2015
Aller: At this point in time we’ll open up the public hearing portion of this item. Any individual
wishing to speak either for or against the item before us can do so at this time. Seeing no one
come forward, we’ll go ahead and close the public hearing. Comments. I think the report’s
pretty straight forward. It’s great that it’s again an early project. We’re in here preparing
something for the future and there won’t be hopefully any surprises as we move along so I can’t
foresee any problems and I’m glad that Terry Jeffery’s on it and doing his reports now so we’ll
know where things stand. I’ll entertain a motion at this time.
Undestad: I’ll make a motion that the Chanhassen Planning Commission recommends the City
Council approve the Interim Use Permit to allow site grading subject to conditions of approval
and adopts the Findings of Fact and Recommendation.
Aller: I have a motion. Do I have a second?
Yusuf: Second.
Aller: Having a motion from Commissioner Undestad, a second from Commissioner Yusuf.
Any further discussion?
Undestad moved, Yusuf seconded that the Chanhassen Planning Commission recommends
the City Council approve the Interim Use Permit to permit site grading up to 52,478 cubic
yards of excavation and 91,000 cubic yards of stockpile as shown on the plans prepared by
Ronald C. Hedlund dated April 27, 2015, revised May 1, 2015, subject to the following
conditions and adoption of the attached Findings of Fact and Recommendation:
1.Prior to grading within the pipeline easement the applicant must provide the pipeline
company a copy of the grading plan and obtain any necessary permits.
2.Before grading operations commence the applicant must provide the Engineering Department
with the proposed haul route. Any changes to the haul route must be communicated as
needed throughout the grading operation.
3.Before grading operations commence the applicant must provide adequate evidence that the
areas with the potential to meet the criteria for classification as jurisdictional wetland are
either;
a. not wetland due to failure to present with adequate hydrology, or
b.are delineated according to the methodologies set forth in the U.S. Army Corps of
Engineers Wetland Delineation Manual and a report must be submitted to the city for
review and approval in accordance with the Minnesota Wetland Conservation Act.
4.No excavation may occur within delineated wetlands that would not be considered no-loss of
wetland under MN Rules sections 8420.410, 8420.0415 and 8420.0420 or without meeting
proper sequencing and mitigation in accordance with the Minnesota Wetland Conservation
Act.
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Chanhassen Planning Commission – June 2, 2015
5.A security in the amount of $1,000.00 shall be provided for erosion control, vegetation and
site stabilization.
6.The interim use permit shall terminate on November 1, 2016.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
PUBLIC HEARING:
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800 WEST 78 STREET VARIANCE: REQUEST FOR A VARIANCE TO ALLOW
SIGNAGE WITH A LOGO TO EXCEED 30 PERCENT OF THE SIGN DISPLAY AREA
ON PROPERTY ZONED CENTRAL BUSINESS DISTRICT (CBD) AND LOCATED AT
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800 WEST 78 STREET (BYERLY’S). APPLICANT: LUND FOOD HOLDINGS, INC.
OWNER: IRET PROPERTIES, A ND LIMITED PARTNERSHIP, PLANNING CASE
2015-13.
Ingvalson: Good evening Chairman Aller and rest of the Planning Commission. For those of
you that don’t know me my name is Drew Ingvalson. I don’t have a name up there yet so just
want to let everyone know my name is Drew so feel free to ask me any questions as we go along.
So the first thing we’re looking at, so what we’re looking at here is a sign logo percentage
variance request. This is the applicant is Lund Food Holdings and then the owner is IRET
thth
Properties. So the location is 800 West 78 Street. The property is north of West 78 Street and
then west of Kerber Boulevard. Looking at that, the signage is located just to the south here, on
the south side of the building and then also on the east side. The east elevation. Then there also
is a monument sign that’s located right here at the entrance and this is the Byerly’s store for
those of you that don’t know. So the request the applicant is making is they’re requesting a
variance to allow the replacement of the existing signage that will have logos that exceed 30
percent of the sign display by up to 12.1 percent. City code allows logos to be up to 30 percent
of the sign. The largest one that they are proposing is 42.1 percent. This request is being made
to keep consistency between the signage that they have at other sites and also with the signage
that they have here in Chanhassen. So a little bit of background. There was a variance actually
given for this site in 1994. The variance was given to allow up to 431 square feet on the south
elevation which you see in that picture and then up to 376 square feet on the east elevation. At
the time the maximum signage allowed was 80 square feet. In 2002 and 2003 they went through
a remodel which has the signs that you see there in the picture, that’s current. And that signage
actually reduced the signage on the south elevation to 270.6 square feet and on the east elevation
to 57.7 square feet. This is much lower than the maximum allowed at that time so the variance
wasn’t needed at that time. The signage actually was up to 275 square feet for a side of the
building. So here’s what the signage is going to look like. The new signage is on the right and
the current signage is on the left so the first thing is there is going to be changes to the logo. It’s
going to be changed from that B that you see on the left side to L&B for Lunds and Byerly’s.
They are also going to be reducing the letter height so that height is reduced approximately 6
inches on most of the signage and also signage is changed from Byerly’s to Lunds and Byerly’s.
And another thing off the signage is, keeping consistency with the letter depth. The depth of the
letters is going to be 4.5 inches so that’s a dimension that it has off of the wall and then also the
logos have that same letter depth. The City requires a half an inch for that letter depth so it’s
much deeper. Has a lot more of an accent than what the City requires. Also the logo has that
same letter depth. The City does not require it to have logos have letter depth. They can be on a
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