PC Verbatim Minutes 8-7-18CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
AUGUST 7, 2018
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Andrew Aller, Mark Undestad, Steve Weick, Nancy Madsen, Mark
Randall, and Michael McGonagill
MEMBERS ABSENT: John Tietz
STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; George
Bender, Assistant City Engineer, and Vanessa Strong, Water Resources Coordinator
PUBLIC PRESENT:
Russ & Diana Jones 3961 Country Oaks Drive
Lynn & Nancy Simpson 3980 Country Oaks Drive
Court MacFarlane 3800 Leslee Curve
Jane Bender 4001 Stratford Ridge
Steve Arndt 2960 Stratford Ridge
David Robertson 2900 Stratford Ridge
Jason Watt 3961 Stratford Ridge
Trent Birkholz 3851 Stratford Ridge
David & Diane Lieser 3881 Stratford Ridge
Linda Brand 3981 Country Oaks
Garit Solheim-Witt 3850 Leslee Curve
PUBLIC HEARING:
CONTROL CONCEPTS: REQUEST FOR SETBACK VARIANCE.
Generous: Thank you Chairman, commissioners. Control Concepts, this is part two Planning
Case 2018-11. We saw the site plan at the July 17th meeting. As part of that there was concern
about the size of the retaining walls adjacent to the pedestrian trail that’s being put in. So we
worked with the applicant to come up with an alternative design that would reduce the size of
those walls. However to do that they need a variance to encroach the retaining walls into the
Bluff Creek primary zone setback. Not into the primary zone itself but into the 40 foot setback
from that one. The property is located at 8077 Century Boulevard. This is in the Arboretum
Business Park planned unit development. The request is in conjunction with the site plan so this
is only a recommendation that we’ll make tonight. You won’t make a final decision as a Board
of Appeals and Adjustments to permit the retaining wall to encroach into the primary zone
setback as shown on their plans. The property is guided for office industrial uses. It’s zoned
planned unit development as part of the Arboretum Business Park. It’s also within the Bluff
Chanhassen Planning Commission – August 7, 2018
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Creek corridor which has additional protection requirements. This was the site plan that was
approved on, or recommended for approval on the 17th. Unfortunately it’s only two dimensional
so it looks really great and easy on the screen. It’s a 54,600 square foot building. The western
portion is, has a two story office component and then it has warehouse and manufacturing or
manufacturing space on the eastern side. There is a tenant space on the extreme eastern end of
the building. As submitted with the site plan review they were proposing one, a single retaining
wall adjacent to the trail system. This raised, had high points of over 18 feet at the corner of the
property. At the turning points in the trail and then also down on the east end of it. That was a
concern of the Planning Commission and staff and the Parks Director and what type of
environment would that create for the trail users. The applicant was able to provide us with a
cross section to give you an idea of what the experience would be and you can see that wall
would really dominant the walking in that area so, and this is I believe at the point 7 on the trail.
So as part of the alternative design we came up with the tiered wall system. It reduced, basically
split the height of the retaining wall so half was on top and half was below. It reduced the
highest point in the retaining wall to 12 feet on the eastern end of the building but at that corner
point down in here it had an upper elevation of almost 9 feet. Just under 9 feet for the retaining
wall and then another 9 foot retaining wall below it so they created like an overview or shelf area
in the corner that would allow people to look over the wetland complex to the northeast of that.
This is, however having this wall encroach into the 40 foot setback requires a variance and so
that’s what we’re here for tonight. Again they provided a cross section to show how the
experience for people using the trail would be much more human scale and so we would think it
will provide an enhanced environment for people to go forward. Staff is recommending that the
Planning Commission recommend approval of the variance to permit the retaining walls within
the Bluff Creek primary zone setback. We have Findings of Fact that it is in harmony with our
ordinance and it does not change the character of the area but we believe will enhance the
pedestrian experience as they use this trail system. Additionally there’s adoption of Findings of
Fact and Recommendation. With that I’d be happy to answer any questions.
Aller: Any questions at this time of staff? Commissioner Weick.
Weick: First time this came up I just did a bad job of getting clarification for myself so I just,
I’m looking for clarification on the necessity for the trail. So is there currently like a dead end
trail in the Preserve that’s waiting to be connected?
Generous: There is a fork that was established with the 7th Addition which was built in 2007 to
come towards the north.
Weick: Okay.
Generous: And so that was the plan and this would actually connect to the heart of the
Arboretum Business Park area and provide really easy access for people to get onto the system.
Right now you can get into it off of 82nd Street. There’s a connection that goes around, there’s a
big stormwater pond in that corner.
Chanhassen Planning Commission – August 7, 2018
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Weick: Yeah.
Generous: And then into it so it was felt at the time of the subdivision and approval that this was
an important connection so we’re trying to implement that. As part of the approval for the 7th
Addition the developer was required to do that but we allowed them to wait until this site
developed before putting in the trail. We could have had them put in the trail back in 2007 and
then the development would have to come in and either fit into, their design into where the trail
was or.
Weick: Yeah, okay. That’s all I had.
Aller: Great. Any additional questions? Commissioner McGonagill.
McGonagill: Bob on the down slope wall, what would the fencing be along that wall to keep
people from falling off of it? Do you recall?
Generous: Yeah it’s a dual pipe system so two rails of pipe. Black pipe that would go along
there. About 42 inches high.
McGonagill: Okay, thank you.
Generous: And it’s the open design so when we push snow it can go through that in the winter
so that people would be able to use that year round.
McGonagill: Okay thank you. Keeps bikes from going off it.
Generous: Yes.
Aller: Commissioner Madsen. Is that fence similar to the one that goes along 101? It’s on the
right side, or on the west side of 101.
Generous: Yes that’s what the design that they were talking, the Parks Director was talking
about. That it’d be similar to that.
Madsen: Yep south of Lyman, north of Pioneer Trail.
Generous: Correct.
Madsen: Okay thank you.
Aller: Okay I have a question for Ms. Strong. As always I’m always concerned about the Bluff
Creek so obviously they made an effort to alter their plans based upon the comments from the
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last hearing. The question I have basically is going towards when we stagger this we’re going to
reduce the speed of the runoff. How will that impact, based upon the grade and the elevations or
would it impact the flow as compared to, are we getting a better deal with the two as opposed to
one?
Strong: I thought about that too. It’s really tough to say. I think they’re attempting the best they
can to meet the needs for the trail so I think when it comes to runoff, the ground level versus the
two tiered, the difference is not considerable compared to the fact that they actually need to meet
the trail in the first place. Obviously ideal would be to have a wider buffer. That’s really what
we need. But with a balance to meet many needs so.
Aller: Any additional questions based, hearing none we’ll have the applicant come forward and
make a presentation. Answer questions. If you could state your name and address and
representational capacity for the record that would be great.
Cory Watkins: Hi. Cory Watkins. I’m with Control Concepts. We’re at 18760 Lake Drive East
in Chanhassen.
Aller: Welcome back.
Cory Watkins: Thank you. You know I don’t have a lot to present. Your staff did a good job of
presenting what we’re doing. I would say that the original proposal that we put forward did not
require a variance and so the variance is really specifically because of requests to have it be a
different user experience so it’s more of a trail causing the variance versus us as an entity
looking for the variance so that’s really our position on it so.
Aller: Additional questions, comments. Alright, thank you sir.
Cory Watkins: Alright thank you.
Aller: At this time I’ll open up the public hearing portion of the item. This is an opportunity for
those present to come forward and speak either for or against the item. Seeing no one come
forward I’m going to close the public hearing portion of the item and open it up for
commissioner discussion or action.
Weick: Yeah the only comment I would make, I’m not opposed to this in any way. It seems like
we’re putting an awful lot of work into making this connection. I’m, I don’t know that we really
need to make this connection. I use that area and you can get around. I think sufficiently
without that connection. It’s really not that far from the 82nd Street that kind of brings you
around in on the other side so I, personally I don’t even think we need to make the connection. It
doesn’t, you know if that’s what we want to do that’s fine. It seems like a good solution. I’m
just not convinced that it’s needed.
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Aller: Additional comments? Questions? I’d entertain a motion for or against.
Undestad: I’ll make a motion that the Chanhassen Planning Commission recommends approval
of a variance to permit retaining walls within the Bluff Creek primary zone setbacks subject to
the conditions of approval and adoption of the Findings of Fact and Recommendation.
Aller: I have a motion. Do I have a second?
McGonagill: Second.
Aller: Having a motion and a second, any further discussion? Okay. Comments. Otherwise
we’ll entertain a vote.
Undestad moved, McGonagill seconded that the Planning Commission recommends
approval of a variance to permit construction of retaining walls within the Bluff Creek
primary zone setback as shown in the plans prepared by Loucks, dated 06-15-2018, revised
7-12-18, subject to the following conditions and adoption of the Findings of Fact and
Recommendation:
Building
1. Retaining walls over 4 feet in heights require an engineered design.
Environmental Resources
1. The applicant shall coordinate a trail inspection with the city arborist to review tree
removals prior to any trail construction activities.
2. Tree protection fencing must be installed at the edge of grading limits along the trail.
Parks
1. The developer shall be responsible for planning, engineering, and constructing the
“wetland trail.” Connection points for this new trail shall be the terminus of the Trotters
Ridge trail and the intersection of Century Boulevard and Water Tower Place. Bid
documents, including plans and specifications, shall be approved by the Park &
Recreation Director and City Engineer prior to soliciting bids. Project bidding shall
occur in a competitive environment with a minimum of three bids being received. The
results of the bidding process shall be reviewed with the Park & Recreation Director and
City Engineer prior to award. Cash payment for trail construction shall be made from the
City of Chanhassen to the developer upon completion, inspection, and acceptance of the
trail.
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2. Trail easements within Lot 2, Block 1, Arboretum Business Park 7th shall be dedicated to
the city to accommodate the “wetland trail”.
Water Resources and Engineering
1. The limits of the Bluff Creek Overlay District (BCOD) shall be identified throughout the
plan set.
2. Add detailed design for the retaining walls including a profile, proposed construction
materials, and railings/fences.
3. Add cut sections through the retaining walls and the trail to provide for easier
visualization and enhance constructability.
4. Create a parapet design along the upper wall when it is above the trail.
5. Extend the silt fence installation as appropriate to protect from construction.
6. Identify snow storage locations on the plans.
7. Provide a restoration plan for grading in the wetland buffer and in the Bluff Creek
Overlay District (BCOD) buffer.
8. The proposed redevelopment will need Riley-Purgatory-Bluff Creek Watershed District
(RPBCWD) permits.
9. It is the applicant’s responsibility to ensure and submit proof that permits are received
from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers,
DNR, MnDOT, Carver County, RPBCWD, Board of Water and Soil Resources, PCA,
etc.).
10. The grade through the ADA areas of the parking lot shall be a maximum of 2% slope in
any direction. The point elevations should be re-checked. Add this code requirement in a
note on the plans.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
PUBLIC HEARING:
GLENDALE DRIVE SUBDIVISION REQUEST.
Al-Jaff: Chairman Aller, members of the Planning Commission. The application before you is
for a 5 lot subdivision and a variance that is being recommended by city staff for narrowed width
of a right-of-way from 60 feet to 50 feet. Briefly the subject site is located southeast of the
intersection of Glendale Drive and Minnewashta Parkway. It is zoned single family residential.
It is guided low density. It does lie within 1,000 feet of Lake Minnewashta which makes it