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CC Minutes 12-10-18Chanhassen City Council – December 10, 2018 34 Councilman McDonald: Mr. Mayor I’ll make a motion that the Chanhassen City Council adopts the resolution approving Registered Land Survey RLS number 130. Mayor Laufenburger: Okay. Do we need to do any Findings of Fact or anything? Okay so this is a complete motion. Kate Aanenson: It’s completely administrative. Mayor Laufenburger: Okay, administrative. Alright is there a, we have a motion. Is there a second? Councilwoman Tjornhom: Second. Mayor Laufenburger: Any further discussion? Resolution #2018-63: Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council adopts the resolution approving Registered Land Survey (RLS) No. 130. All voted in favor and the motion carried unanimously with a vote of 5 to 0. HOLASEK BUSINESS PARK: CONSIDER APPROVAL OF REZONING PARCEL (ORDINANCE 635), PRELIMINARY AND FINAL PLAT, DEVELOPMENT CONTRACT, WETLAND ALTERATION PERMIT AND SITE PLAN REVIEW. Mayor Laufenburger: I’m guessing this is your’s Ms. Aanenson. Kate Aanenson: Yes thank you. Mayor Laufenburger: Oh I love it when I’m correct. And by the way just so you know we’ll get a staff report first of all. We’ll ask for any questions from council and then I will invite the applicant forward if they would like to make an y comment okay. So just so you’re aware. Kate Aanenson: Thank you Mayor, members of the City Council. Eden Trace Corporation is requesting this application here. This item did appear before the Planning Commission on December, excuse me on November 20th and it was recommended approval 5-0. There was one Planning Commissioner absent and the applicant who’s on the Planning Commission recused himself from action on this item. Just wanted to give a little background on this piece of property. So the site is located on Lyman Boulevard and Galpin and this property has access to it via Galpin Boulevard. To develop this property Eden Trace also did this industrial park. This was a number of years ago. This also has a retaining wall which is property willed to, and I know when the neighbors in this area were concerned about that. I think over time as the landscaping’s filled in and with the maturation it’s become, kind of fits into the neighborhood. There wasn’t a lot of comments at the Planning Commission regarding this application but I just Chanhassen City Council – December 10, 2018 35 want to set some of the framework issues on here. There is a railroad track that’s on the perimeter here. This was the site of the Holasek Nursery site. Started in 1957. Was a number of years and as they sold that property going for redevelopment there’s been a lot of challenges. We had a number of people looking at this. A number of larger developers looking at the property and some of that included the potential of using storage units and bring those over what wasn’t our first choice. Looking at really the what we see as the need, which we get a lot of requests for is for the type of use that’s going forward. Again with the wetlands, some of the challenges with the soil and then the Magellan Pipeline that runs through the site. So there is industrial on 3 sides as you can see in Chaska on the other side. There’s industrial park here and then Chaska on this side also has industrial and as I mentioned earlier on the north side in Chanhassen the property is also industrial as is the area on the northwest side in Chaska so it’s in somewhat of the jurisdiction. The shoreland jurisdiction of Hazeltine Lake. I think one of the original proposals suggested that potentially it was impacted by the Army Corps but that question has since been removed so a little challenges on this site. So like I said we had quite a few developers looking at it over the years and I would say really since the site has been changed over. There was some interim grading permits that were also given on the site trying to correct some of the soils but this is a project that’s actually come to fruition. People have laid out specific designs and never advanced it so this is the first project that’s actually advanced to the Planning Commission and for submittal. So there’s a number of requests with this project. One is for the rezoning from Agricultural, as it is today to office industrial, which is consistent with the Comprehensive Plan. It’s also for a subdivision review. Creating 3 lots and one outlot. A wetland alteration permit and a site plan review of approximately 450,000 square feet which includes 3 buildings. And then also what you’ll see in the motion will be a development contract too. So the applicant here has got uses ready to go which is good news so they would like to go through preliminary and final plat which we have done and then also approve the development contract. So again the land use is office industrial. The rezoning is consistent with that and they’ll be office manufacturing located on the site. I’ll just kind of skip over that because we’ve talked about that but this is the actual application of the subdivision itself. It will be accessed via, as I mentioned off of Lyman Boulevard and it will be serviced by a private drive servicing the 3 buildings there so it will be a private street servicing the site. As you can see this is the easement here then for, for the Magellan Pipeline through here. There’s easements on there. There is a record from the Magellan Pipeline the applicant has worked with his engineers as far as accommodating that. This came up also at the Planning Commission. We do have the Magellan Pipeline running through the city. It goes through the high school site and was also most recently in the subdivision we did at Lyman Boulevard and 101. That subdivision as we looked at how that laid out. So again the 3 lots. One, two, three and then the outlot in the back. There are some wetland alteration permits with this site. I said one, as I mentioned one of the impediments to the site was the soil conditions. There are extensive poor soils and then removing the wetlands. One of the conditions in the staff report that the applicant has resolved is relocation of the wetlands so we’re working through the permitting on that to stay within, our first choice is somewhere on the site or within the same watershed district so they’re working on that. And then in addition was stockpiling of soil so we’ve come to an understanding of how that’s all going to work so that’s been resolved. So this is the site plan itself. So now we’re Chanhassen City Council – December 10, 2018 36 moving from the subdivision approval itself to the site plan so the subdivision shows the 3 buildings and this loading dock then accommodating the pipeline so there’s 3 buildings here. As I mentioned one building, potentially the second building has leased tenants ready to go on the property. Here’s the private drive that would service the property. The landscaping plan between the Planning Commission and what you’re looking at tonight has been resolved. It does meet all the requirements of the site plan and subdivision standards. The building schematics, a lot of it is going to be the exposed aggregate with a lot of articulation. Again looking at these buildings compared to some of what we looked at from other potential uses, we think again these are highly articulated and match pretty similar to what’s across the street on some of the buildings. Larger buildings that are across the street and here’s a little bit more detailed here. The color palates are here if you, anybody’s interested in seeing more detail on those but I do have kind of the drawings. This is more the exposed aggregate and the different materials on there. Again these are pretty similar to what we’ve looked at for probably most recent Federal Packaging would probably be the most recent one that we’ve done that would be pretty similar to this. And then a building perspective. How big, these are a little bit bigger but this is a little bit longer. These are kind of what the prototype is going on industrial buildings. Wanting a higher clear span for stacking and storage and a little bit larger footprint. Again a different perspective. One of the things that we asked the developer to do is look at the trip generation. In looking at Lyman Boulevard and the intersection there and I don’t know if Mr. Oehme’s got or if he had any comments but really it wasn’t an issue. They felt like based on peak hours it shouldn’t be a problem. I know one of the things that the applicant was looking at that they’re working with the County on was, and there’s some costs resolved in that was a right-in/right-out on the, so it’d be right adjacent to the Chaska side and that would help with trip circulation through that site. Mayor Laufenburger: Do these plans that you’re recommending include the right-in/right-out or is that something? Kate Aanenson: Correct that’s something they’d have to work out with the County. I know the County’s asking them to contribute towards that is my understanding. Mayor Laufenburger: Okay. Kate Aanenson: On the cost for that intersection. Mayor Laufenburger: Maybe when we ask the applicant to come forward if you can just speak to that. Kate Aanenson: Yep, and so that would be something that they’d have to work out with the County as part of their contribution to that. Mayor Laufenburger: Okay. Chanhassen City Council – December 10, 2018 37 Kate Aanenson: And the overall grading plan. So there is retaining walls that we’re working with them on trying to reduce some of those retaining walls that’s on the north side. If you think about Avienda it’s in the same situation. We have retaining walls. If you go over towards Sunset Lane just, so it’d be just west of Powers. There’s also retaining walls at Avienda. If you look on that south side so there’s also retaining walls on this side too so that’s one of the things that they are working to see if they can minimize some of those retaining walls. The good news and the bad news about that. The good, there is retaining walls in there but the good news is by lowering those buildings so the residential across the street is actually looking at less building height on that so with the landscaping in there it should really minimize that and again that’s what we found with the Mamac building. I think that was the bigger building there across from those Hans Hagen homes that were concerned about that so that does provide that additional buffer. Site utilities. One of the concerns that came up that the applicant was looking at trying to work with Chaska to see if they could get additional sewer from Chaska. Chaska couldn’t make that work so they are putting a lift station which is an additional cost to in order to make that site work. Again landscaping plan revised. It does meet all the city standards and I think that’s all I had. Again there’s several motions in here. Again the rezoning. The preliminary and final plat. In addition to wetland alteration and approval of development contract and the Findings of Fact. With that I’d be happy to answer any questions that you have. Mayor Laufenburger: Alright thank you Ms. Aanenson. Before we ask the applicant to come forward are there any questions of staff at this time? Councilmember Ryan. I saw your hand go up. Councilwoman Ryan: Just a few and I hope you can answer them. Otherwise we can wait. Kate Aanenson: I think Paul’s over there. Councilwoman Ryan: Yes. The first one when I was looking through the Planning Commission Minutes I know it was a public hearing but I didn’t see any comments. Were there any? Kate Aanenson: Nobody showed up to the public hearing. Councilwoman Ryan: Nobody showed up so okay so there were no comments with that. Kate Aanenson: Correct. Councilwoman Ryan: And then you mentioned the stockpiling soil but how is that going to work? Kate Aanenson: Sure. So they’re going to put that in the back corner and what we’ve asked them to do is to change the slope. I think long term there’s a couple of options. They’re working at looking with the County to do a joint pond in that area that would help export some of that. They’re also looking at some other because we need topsoil for our projects. Not really our Chanhassen City Council – December 10, 2018 38 projects but other developers projects that need topsoil. That’s our new condition for subdivision plats so there’s an opportunity to use some export there so we’re working with them on that too. It’s quite a bit to move all at once so our goal is to make sure that it’s in a, in a condition that it’s stabilized and that it will eventually can potentially be moved. Councilwoman Ryan: Just when I was reading through the report and like you said there’s a lot of information here but there just seemed to be still some uncertainty on how they were going to address some of the soil issues and I know they’re asking for a grant but they’re you know very expensive soil correction. Movement of soil. You know there was concern, obviously there’s still a lot of work to do with the County. Whether it’s with the right-in/right-out. Whether or not they’re going to have you know work with having a regional stormwater pond. When. Kate Aanenson: I’ll let Paul answer that question. Councilwoman Ryan: Okay. I mean what, how is that process involved with all of this? Paul Oehme: So specifically the topsoil? Councilwoman Ryan: Sure. Paul Oehme: Question. Mayor Laufenburger: I think mainly you’re concerned about this pile of dirt that they’re going to congregate in one location. Councilwoman Ryan: Right. Paul Oehme: Right and that was one of our biggest concerns too when we first saw the proposal but you know in, the applicant can address this too but it’s, we’d like to partner with the developer and Carver County which they want to do a regional pond back in here. Mayor Laufenburger: They? Carver County wants to. Paul Oehme: Carver County and Chaska actually too so they’re really interested in doing some stormwater mitigation here because they’re, what was it? Lake Hazeltine. South of here is an impaired waters and so there’s very little treatment in this area so, so we’d like to work with them on that. You know the topsoil or the spoil pile, we had talked with a developer about his, you know is there an opportunity to remove that material over time. You know work with us on that. You know talking to the engineer it sounds like there might be a market for that topsoil for developers or some other contractors to use that material so I think it’s in everybody’s long term benefit to have that material removed so just working towards that path. That’s the discussion that we’ve had. You know we haven’t completed determined exactly how that looks right now but it’s still something that we’re working on. Chanhassen City Council – December 10, 2018 39 Kate Aanenson: But let me just clarify that. So I think what we have agreed to is, the shape and the form it will take so it’s stabilized. Paul Oehme: Right yep. Kate Aanenson: We’ve all agreed to that. So we can feel comfortable with the slopes that it’s established at and that we work towards a common goal and a timeline on that. Councilwoman Ryan: And when do you get those timelines or what part of the process is that? Kate Aanenson: With the, I think we talked about that in part of, I’m not sure if it’s in the development contract or. Paul Oehme: We haven’t got to, is it 5 years? Is it 2 years? That type of thing. We still need to work that out with the developer and see what works best. Councilwoman Ryan: Okay. And I know with part of that in the recommendation as it relates to Lake Hazeltine, it was recommended that they contact the DNR to get their feedback. Has that? Kate Aanenson: Yes so as I mentioned earlier they thought that there was jurisdiction by the Army Corps and so that was part of the impaired waters but that’s why we think working with Chaska and the County to get a ponding here is the best solution for everybody because that would improve the water quality there and that was part of the DNR and the shoreland regs so I think that issue has been put to rest. Councilwoman Ryan: Are you? Todd Gerhardt: It doesn’t completely eliminate the pile of dirt. Kate Aanenson: No, no but I’m saying the impact by the DNR correct. Yeah. Todd Gerhardt: And Mayor, council the dirt is an economic burden to the overall development. To have the pile removed it’s $1.8 million dollars to have it trucked off site to a different location so what the applicant is asking is that they have a period of time to work with surrounding developments as they need additional topsoil as a part of our requirement to have 6 inches of topsoil on new residential lots to absorb that first inch of rain as a home is being built and so. Councilwoman Ryan: So if he keeps, if the developer keeps the dirt on their site and starts trucking it off then they charge the person who’s taking the topsoil to truck it off? Chanhassen City Council – December 10, 2018 40 Todd Gerhardt: We’re not into the economics side of the thing. I think they would be just happy to get rid of it would be my guess and it would be a resource to builders because the builders are going to have to you know find black topsoil for their sites and there’s no benefit to Mark to want to keep it. Councilwoman Ryan: Right. Todd Gerhardt: Especially if he has a deadline correct? Councilwoman Ryan: But that timeline hasn’t been established. Kate Aanenson: No I think that’s some of the things we talk about. So normally we don’t do a development contract when it’s all private development. In this circumstance because there’s some grading, some other issues that we are, there’s a development contract being approved with this too. Councilwoman Ryan: Okay. I’m going to keep going down my list here. Kate Aanenson: Sure. Councilwoman Ryan: So then the wetland, the permit, have we, I mean I feel like we haven’t seen much about the wetlands other than just the picture that was just shown and usually that’s. Paul Oehme: Yeah and so. Councilwoman Ryan: What’s the real process that we review? Paul Oehme: Right and so we’re into that process right now. I mean we’re going to get a TEP together and actually we’re meeting tomorrow with some folks on this as well to get the process going. Maybe the developer can address some more specifics on that but you know it’s something that we’re still working on and it’s a long process. Councilwoman Ryan: Okay. Paul Oehme: To get that completed so. Councilwoman Ryan: Okay. Paul Oehme: And that’s, again that’s one of the conditions that has to get approved and you have to mitigate the wetlands. Councilwoman Ryan: Right, okay. And then in the report it said, and kind of back to the soils. I’m sorry this is just how, when I was reading through the different things. It said waiting for the Chanhassen City Council – December 10, 2018 41 soil materials to come back. Waiting for that report. Have you received that full report on the soils yet? Paul Oehme: I don’t think we’ve received it yet. I know they’ve taken more information. They’re trucking in more sand and they just recently did some more soil investigation and analysis to try to mitigate some of that material from their site so you know it’s my understanding when this development first was looked at to where it is now there’s actually less material that we’re going to have to be stockpiling in the south end just because of the soil investigation that’s taken place to date so. It’s again it’s a work in progress. I think you know the developer is making good progress in terms of reducing the amount of material that they’ll have to stockpile on site but it’s, again it’s, I think they’ve gone as far as they can right now until they really actually start grading. Councilwoman Ryan: Okay. Mayor Laufenburger: Councilmember Ryan I just want to stop you for a second if I may. Ms. Aanenson what you’re asking us for tonight is rezoning from agricultural to office industrial, which is in line with the land use. Correct? You’re asking us to approve and preliminary and a final plat. You’re asking us to approve a development contract correct? And Findings of Fact. And you’re also asking us to approve this subject to the wetland permit being granted by some other entity. Kate Aanenson: Correct. And that they resolve the storage of the dirt so yes, so there needs to be some agreement on, Memorandum of Understanding of how that’s going to be resolved. Mayor Laufenburger: Okay. I just wanted to clarify that, based on what we do tonight there is still some hurdles that they developer has to overcome in order to complete this project. Most specifically the wetland alteration permit or the WCA. The Wetland Conservation. Kate Aanenson: Correct. Correct and where those will be replaced at. Mayor Laufenburger: Okay, alright. Kate Aanenson: And so it’s more than likely they won’t replace on site. Same with Avienda. Mayor Laufenburger: Sure. Kate Aanenson: We talked about with the watershed district and move from there so. Mayor Laufenburger: Okay, alright. Councilwoman Ryan: Right and the reason for my question is we’re being asked to approve a lot of different pieces and there still there are a lot of questions and uncertainties and that’s. Chanhassen City Council – December 10, 2018 42 Mayor Laufenburger: Yep I understand your questions and perhaps the applicant will be able to address some of those but continue. Councilwoman Ryan: And then you addressed the landscaping because they were very short in that area. There was a comment at the Planning Commission about there were two moving parts in terms of the project and the Lyman Boulevard project that we’re talking about. Does this, does this project have anything to do with the County’s request with our upgrading Lyman Boulevard? Paul Oehme: They’re two independent projects. Councilwoman Ryan: I know they’re two independent projects but is this project in any way contingent on anything going on with Lyman Boulevard? Paul Oehme: No. Kate Aanenson: No. Paul Oehme: No, no so what we’re asking for is from the developer is to dedicate some of the right-of-way necessary for Lyman to move forward so that’s really the only connection between the two. Kate Aanenson: And it’s my understanding too then he’d have to dedicate the access, some additional, a decal lane and accel lane potentially on the far right-in/right-out. Paul Oehme: Right in the access. Kate Aanenson: So he’d have to dedicate that. Councilwoman Ryan: Okay. There was just a lot of conversation I know about the upgrade of Lyman Boulevard and I just want to be careful about that. Todd Gerhardt: Mayor that will reduce the overall cost for Lyman as a part of the platting. Taking the right-of-way which is the problem to the west. Mayor Laufenburger: In Chaska. Todd Gerhardt: Yes. Councilwoman Ryan: I’m done for now, thank you. Chanhassen City Council – December 10, 2018 43 Mayor Laufenburger: Alright thank you Councilmember Ryan. Any other questions or comments? Ms. Aanenson you pointed out that the Magellan Pipeline runs through the property. Did we reach out to Magellan regarding their property or did the developer? Kate Aanenson: Yes. Mayor Laufenburger: Both. Kate Aanenson: We received comments from Magellan. Actually I’ve spoken to their engineers. Mayor Laufenburger: Yep. Kate Aanenson: The developer Eden Trace to make sure they’re accommodating that. Mayor Laufenburger: Have we gotten confirmation from Magellan? Kate Aanenson: Well they have to follow all the requirements so they’ll have to send them certify or verifications of certain things as they build. Mayor Laufenburger: But I noticed that there was a letter, Magellan Agency response. Kate Aanenson: Correct. Mayor Laufenburger: And it said thus as long as the property owners or their successors assigns and grantees, that legal term for Mr. Knutson, abide by the agreements in the attached Magellan General Encroachment Requirements, Magellan does not object to the requested zoning change. Kate Aanenson: Correct, yep. Mayor Laufenburger: Okay so they’re anticipating cooperation from the developers to protect their easement. Protect their pipeline. Kate Aanenson: That’s correct, as we’ve done with other projects in the city correct. Mayor Laufenburger: Okay, alright. Let’s ask the, if the applicant present. Is the applicant present tonight? Why don’t you just come up here, give us a chance to hear from you and I would just ask that you would identify yourself and your relationship to this project. Ed Farr: Good evening Mayor, council members, and staff. My name Ed Farr with Edward Farr Architects representing Eden Trace. My address is 7710 Golden Triangle Drive, Eden Prairie. With me tonight is Mr. Brady Busselman with Sambatek. Sambatek is our, represents the civil engineering firm. Also doing landscape architecture and surveying. So we’re again representing Chanhassen City Council – December 10, 2018 44 Eden Trace. Happy to be here this evening. Staff did an excellent job in presenting the project so I’ll try not to be redundant on much at all and we appreciate the Planning Commission support of this when we were here a couple weeks ago. Mayor Laufenburger: Okay. Ed Farr: Very excited about the project. The site is challenged of course and so we’re happy to have worked through most everything at this point in time. Speaking selfishly for the architecture, we’re happy that the developers allowed us to express ourselves with some very architectural relief along the façade. Varied step roofline as well as some in and out expression and color relief and lots of glass so we think this will be an excellent project hitting the market right where it wants to be for this time and type of building product. I think you’ll be happy with it when it’s all done. The safe plan over the years it’s kind of fallen into place for obvious reasons as staff has mentioned already with the constraints of the pipeline and the soils and the road and all the existing conditions that have been talked about already. Speaking to a couple questions that may have come up already. The County memo speaking about just from Lyman build but it just came in middle of last week. Three business days ago so we have gone through it but it is a work in progress and we are working with the County on a couple of their comments through there. If needed we’re going to remove the entrance right-in/right-out on the northwest corner of our development. While we’d like not to do that and we’re here based on our application materials, we understand that that’s a county requirement then that’s going to be removed from the project and that’s part of the conditions of the approval tonight. So that’s fine. Mayor Laufenburger: So let me just stop you a second Ed. So what you’re saying is, you’d like to have the right-in/right-out. Ed Farr: Correct that’s. Mayor Laufenburger: That’s part of the, is that part of the plat? That you’re. Kate Aanenson: The conditions of the plat would say the County has to approve that. Mayor Laufenburger: Okay. Kate Aanenson: And he’s saying is the County is saying right now that they… Ed Farr: We’re just learning they’re pushing back on that. Mayor Laufenburger: Okay. Ed Farr: That’s new information to us. Chanhassen City Council – December 10, 2018 45 Mayor Laufenburger: Alright let’s Kate, let’s assume for a moment that they don’t approve that, does this plat warrant our approval? Kate Aanenson: Yes because we would just, it’s really for their efficiencies. Mayor Laufenburger: Yep I understand. Kate Aanenson: Yep it would still meet warrants. Mayor Laufenburger: Okay. Mr. Farr continue. Ed Farr: Thank you. And it is also I believe the City Manager mentioned about the dirt issue as well. We’ve reconfigured the pile so that it falls into compliance with the maximum slope requirements that the City has suggested to us and of course we consider a free dirt sign on top of the pile from here on out until. Mayor Laufenburger: Tastefully though. Ed Farr: Tastefully. We can paint it any color you’d like and of course we’ll work with whoever would like to take that off site as soon as possible so that the end goal can be achieved. Mayor Laufenburger: Okay. But just to be clear, the removal of the dirt over time or over a specified time is not part of the development contract or part of the rezoning or anything in for approval tonight, is that correct? Ed Farr: That’s correct. It would certainly be a hardship to put a sunset or time limit on when that dirt would leave the site. It’s cost prohibitive with the project to absorb hauling the material off site and paying for that. Mayor Laufenburger: But obviously it’s in your best interest. Ed Farr: Yes it is. We fully support. Mayor Laufenburger: As Ms. Aanenson has stated that that dirt moves off site to various topsoil areas. Other places in Chanhassen or the surrounding region. Ed Farr: That’s correct and our client has mentioned to us on numerous times that he’ll work hard continuously after the project is built to help the City and other parties with that goal in mind. Mayor Laufenburger: Okay. Chanhassen City Council – December 10, 2018 46 Ed Farr: Okay. And last also to reiterate for the Lyman Boulevard project which again isn’t contingent upon our’s or vice versa, we are giving right-of-way land over to that clause as they need for the widening of the road. Mayor Laufenburger: Okay Mr. Farr there was, was that a pause? Ed Farr: That was, go ahead. Mayor Laufenburger: Okay could you, there were some questions regarding the pond in back. What do you know of it? Ed Farr: I’ll let my civil engineer Mr. Busselman to come on up. Mayor Laufenburger: Sure, you want to redirect it to somebody else huh, okay. Ed Farr: Yep. Mayor Laufenburger: Just state your name please. Brady Busselman: Yeah my name is Brady Busselman with Sambatek. Mayor Laufenburger: Alright, welcome. Brady Busselman: Thank you. So I apologize your question was regarding… Mayor Laufenburger: Oh just there was discussion about this pond that may or may not exist. Brady Busselman: This regional. Mayor Laufenburger: The regional pond yeah. Brady Busselman: The regional pond yeah. Mayor Laufenburger: Does that affect, I guess I would ask Kate. Does that affect our decision tonight? Kate Aanenson: I’ll ask Paul but I would say that it doesn’t. It’s an alternative for them to, what we’re looking at is a way to export the dirt so if the pond was to go in that would help someone that would want to remove the dirt so they could use the pond. For example if Chaska wanted to clean up Lake Hazeltine and wanted to make that a priority, then exporting the dirt would have to happen in order to get to the pond. Chanhassen City Council – December 10, 2018 47 Mayor Laufenburger: So do you as a developer or representing the developer do you have a preference of pond or no pond? Brady Busselman: I think the fact that. Mayor Laufenburger: I mean this is your property right? We’re platting it as an outlot. Brady Busselman: Certainly. I think and that’s a great point. If you saw our first iteration of this plan there was a fourth building in that area and the site just did not work with 4 buildings. We had to remove that building to allow the stockpile so that we could go forward with the 3 building configuration so I guess speaking in the developer’s shoes, first preference would be to put another building there. Since that doesn’t work I think aesthetically and environmentally a pond would be preferred over the stockpile. The fact is though that, it is a large amount of soil correction on this site that’s required so we do need to have that stockpile in place initially and the developer has expressed, you know every willingness to work with the City on discussing potential easements to allow the trucking of that material off the site over time. Mayor Laufenburger: Okay, alright. I think I’m going to pause Mr. Busselman and open this up to council. Council do you have any questions or comments of the applicant at this time? Anybody? Councilman Campion: I have one. Mayor Laufenburger: Go ahead Mr. Campion, please. Councilman Campion: Can anything be said about the end uses? Anything more? Mayor Laufenburger: What’s your question? Councilman Campion: I think it was just said as office industrial right? Mayor Laufenburger: Yeah. Correct. Kate Aanenson: I don’t think it’s. Ed Farr: It is being proposed as a speculative project that is, certainly I don’t think there’s many secrets that the developer is talking to a number of tenants in serious negotiations right now. I don’t believe there’s any signed leases but it is falling very similar to the way that we proposed in our narrative. We’ve made allowances in the parking as an example for up to 20 percent office in Buildings A and C and 30 percent office in Building B based on the depths and the heights and things like that and we’re not exceeding any of those so we’re in a very comfortable range where the tenants are talking to us right now. Chanhassen City Council – December 10, 2018 48 Councilman Campion: Right. Ed Farr: But there is very high level of interest in the first two buildings already. Councilman Campion: Okay. I guess I was asking, I’m trying to understand the sense of urgency in doing the rezoning and the preliminary plat and the final plat. Kate Aanenson: I think there is users that are pretty interested and. Ed Farr: That’s correct. My marching orders after tonight, if we get approval, will be to roll ahead full steam ahead for spring construction start so we have drawings to prepare and contractors to get pricing from, etcetera, etcetera. Councilman Campion: Okay. Ed Farr: Thank you. Mayor Laufenburger: Does that answer your question? Councilman Campion: That does. Mayor Laufenburger: Okay, alright. Any other questions or comments of the applicant? Thank you Mr. Farr, Mr. Busselman. Let’s bring it back to the council for further discussion or action. Councilmembers any comment? Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Go ahead Councilmember Ryan. Councilwoman Ryan: Will you just go back to the wetland, well just the mitigation and the alteration permit. Can you Ms. Aanenson or Mr. Oehme explain what your plan is with the two wetlands? How you’re going to mitigate them and what, with approving of this permit what as council are we, when and what are we able to see? Kate Aanenson: That’s a good question. If you go back to what we did on Avienda, do you remember what we did there too? We approved it and we let them work through the wetland stuff. That took almost another few months to get that worked through so as indicated this allows them to go forward and work through all those things and that detail with a level of confidence they’ve got a project to go forward. But they have to meet all the requirements of the law and the wetland so on staff we have to check all those boxes to make sure they’re fulfilling those requirements so again it’s really similar to what we did on Avienda. We approved it and we said work out the wetland issues as a separate process. As a condition of approval you have to meet all those requirements and that’s the same position we’re taking on this one. Chanhassen City Council – December 10, 2018 49 Councilwoman Ryan: Right but I mean with Avienda we did have a couple conversations about you know what, what they were rated and what the plans were but for we approved the permit. I mean we did have more conversations than seeing it you know in this picture and then approve it and so I just, I’m curious especially with you know having the stockpile, which should you know, which would be a preferred pond because of impact to Lake Hazeltine and the waterways in that area, I mean it’s concerning to me. I feel like we’re not part of this process and conversation. Kate Aanenson: I understand. I’m sorry I can’t comment too much on the wetlands. I would leave that to engineering. Paul Oehme: Yeah and again we’re just getting going on the, the wetlands have been delineated. We’re just starting the process right now. It’s the applicant’s desire to move this process along and again it’s a condition of the approval that the wetlands be mitigated per state statute so that’s the staff’s recommendation. Mayor Laufenburger: Well just, Mr. Gerhardt go ahead. You wanted to say something? Todd Gerhardt: Do you know what type of wetlands these are? Paul Oehme: Yeah I don’t have a wetland delineation in front of me. Mayor Laufenburger: Mr. Busselman do you have one of those? Paul Oehme: As I recall they’re not a preserve wetland. The higher best valued wetlands but I can’t remember if they’re I or II’s. III’s. Mayor Laufenburger: Well Kate and Paul regarding Councilmember Ryan’s questions, is it in the City’s authority to grant the wetland permit? Is that our authority? Paul Oehme: Yeah so I mean we’re the LGU so you know it’s, they have to come to us and go through the process and show that they’re following the steps necessary to mitigate it per state statue. Mayor Laufenburger: So this is how I interpret it and this might be wrong but I interpret this to say that those items over which we have primary authority include the rezoning, approving the preliminary and the final plat, the development contract and we are essentially saying we are going to ask the appropriate jurisdictions. The watershed district, is the watershed district involved in this Kate? Kate Aanenson: Yes. Chanhassen City Council – December 10, 2018 50 Mayor Laufenburger: Okay. Corps of Engineers involved in this? Kate Aanenson: Yes. Todd Gerhardt: Yes. Mayor Laufenburger: Okay. So we’re saying developer work through those entities and when you can satisfy them bring it back to us and we’ll be prepared to approve the wetland permit after you’ve gotten appropriate approval for mitigation and/or melioration from those entities. Kate Aanenson: Correct and I. Mayor Laufenburger: Is that a reasonable? Kate Aanenson: Yes and I want to make sure I understand what Councilmember Ryan is saying. It’s that she doesn’t understand the functionality and the quality of those wetlands. That’s what she wanted to know. Councilwoman Ryan: Right and what I’m saying is yes we have jurisdiction but that’s what we’re approving tonight is we’re granting this permit but we don’t, we don’t have any of that information yet. Mayor Laufenburger: We’re granting the permits subject to the eventual. Kate Aanenson: So we’re saying those wetlands are going to go away. Mayor Laufenburger: Okay Mr. Farr is objecting to my statements I think. Mr. Farr you want, or Mr. Busselman, either one of you. Ed Farr: Thank you. We’re not asking you to approve a permit. Mayor Laufenburger: Right. Ed Farr: That’s what we’re here tonight for. Mayor Laufenburger: Yeah I. Ed Farr: No, no, no. It’s contingent. Our approvals tonight are contingent upon us receiving approval through the proper channels which we think we will receive. Brady Busselman: And I can elaborate a little bit on where we’ve gotten to date. Unfortunately I don’t have the details on the exact type of wetland but I can tell you that the upper right, the one that kind of occupies the middle building and the pond, the Army Corps has agreed with us Chanhassen City Council – December 10, 2018 51 that that is incidental. That was created as a result of the 2015 topsoil mining project that was mentioned so that one will go away. Mayor Laufenburger: So it’s blue right now but it’s going to disappear. Brady Busselman: It will disappear. We’re working with then with the Corps and the TEP through WCA, the City and the watershed on a mitigation process for the remaining impacts in going through the proper steps on how we show avoidance and how we laid out the site. How we arrived at the current site design. Excusing me really starting you know as the site does with where does the pipeline land and where can you put buildings relative to the pipeline and what does Magellan allow on the pipeline. That starts how we laid out the buildings based on that pipeline. Setting the first building north and then the further north building north of that and then as we worked through the site we were able to avoid and preserve that long line, excuse me. What would be a railroad ditch but the wetland along the railroad and the other remaining piece on the southwest corner so we are actively working with the Corps and with the local, the LGU. Thank you. Kate Aanenson: If I may to be clear though if they agree with that that’s what this project will look like so that’s why I’m saying your question is, so you are in some way giving approval that if they agree to those conditions this is the project you’d end up with. Mayor Laufenburger: This is the plat. This is the preliminary. This is the final. This is the rezoning. Kate Aanenson: Correct. Mayor Laufenburger: Subject to the wetland permit being granted and eventually, Mr. Oehme is this correct, eventually the results of your TEP will come back to the council next year. Paul Oehme: Or sooner. Yeah next year, 2019. Mayor Laufenburger: Yeah 2019 with okay we’ve met the conditions of, is that part of the development contract or is that a separate document? Paul Oehme: That’d be a separate permit. Mayor Laufenburger: Okay so we’ve met this condition. We’re continuing to move forward. Councilmember Ryan you still have questions or comments? Councilwoman Ryan: No, not at this time. Mayor Laufenburger: Go ahead Mr. Campion. Chanhassen City Council – December 10, 2018 52 Councilman Campion: One more question. Mayor Laufenburger: Please. Councilman Campion: What would be the harm of waiting to approve the final plat until that wetland mitigation request has been resolved? Mayor Laufenburger: I would ask either Mr. Oehme or Ms. Aanenson or the development to comment on that. Kate Aanenson: I’ll let the developer comment on that. Mayor Laufenburger: You understand the question Mr. Farr? Ed Farr: Yeah. Councilman Campion: I can restate it. Just what would be the harm in waiting to approve the final plat until the wetland mitigation request has been addressed by the watershed? Ed Farr: Simple assurances so that we can move forward in good faith in a timely fashion. As you know development projects of this nature have multiple jurisdictional reviews and many of them happen concurrently. Every one of them would like to be last in line to say has everybody else approved it first but not everybody can be last and so that’s why they’re concurrent reviews by multiple jurisdictions and contingent conditions that you’re placing on the project and so we have to comply with those other laws, as staff mentioned so that you feel comfortable hopefully knowing that we’re not going to be doing anything contrary. Councilman Campion: So the assumption being made here is that the two large wetlands shown disappear? Mayor Laufenburger: Well one we know is the one in the upper, that one is considered incidental. Councilman Campion: I heard that. I’m asking is the assumption that both of them…disappear. Ed Farr: We are going to be physically moving dirt over them and relocating those wetlands. Those are called wetland impacts and mitigation is required whenever we impact a wetland and so mitigation will fulfill our legal obligations to proceed accordingly. And so we’re not trying to skirt those obligations at all. Councilman Campion: Okay. Ed Farr: Thank you. Chanhassen City Council – December 10, 2018 53 Mayor Laufenburger: Any further question or comment. If not I’ll entertain a motion related to this. Could you bring that motion up please Kate? Todd Gerhardt: Mayor, council, I think it’s imperative that you also include that the issuance of this wetland alteration permit, I can’t find it in here Kate where it says it’s contingent upon the Army Corps of Engineers and also the watershed district. So the wetland alteration permit should have those, that statement in there somewhere. Because they’re the ones that are going to give conditions of that wetland mitigation once they go through the process with the Army Corps of Engineers who have taken jurisdiction over these wetlands, correct. Kate Aanenson: And the, yeah… Mayor Laufenburger: For me the language subject to the conditions of approval in the final staff report and one of the conditions of approval is exactly what you’re saying. Approval by the Corps of Engineers and the watershed district. Todd Gerhardt: Yep. Just add those two entities into that motion and Mr. Knutson would be very happy. Councilman Campion: So if those approvals by the Army Corps or the watershed, if they change the layout of the buildings or the plats then it has to come back to us? Kate Aanenson: If it’s a minor change, like if they split a building you know they probably wouldn’t but a big change yes. Mayor Laufenburger: Any further comment or discussion? If not anyone like to make a motion? Councilman McDonald: Mr. Mayor I’ll make a motion that the Chanhassen City Council approves the ordinance rezoning the property from Agricultural Estate District (A2) to Industrial Office Park (IOP); preliminary and final plat approval creating 3 lots and one outlot with access via a private street; the development contract for a Holasek Business Park; a Wetland Alteration Permit to fill wetlands on site; the Site Plan approval for 3 office industrial buildings for a total of 449,350 square feet; plans prepared by, is it Sambatek? By Sambatek dated 11/02/2018 and Edward Farr Architects dated October 19, 2018, subject to the conditions of approval in the staff report and adopts the Findings of Fact. And does that take care of? Roger Knutson: I would just suggest adding a wetland permit to fill wetlands on the site subject to approval of the Corps of Engineers and watershed district. Councilman McDonald: I’ll adapt what he said. Chanhassen City Council – December 10, 2018 54 Mayor Laufenburger: Okay, so we have a motion as it reads on the screen except following the phrase a wetland alteration permit to fill wetlands on site we will include the words subject to the approval of the Army Corps of Engineers and the watershed district. And at the end adopting the Findings of Fact. Okay we have a motion. Good one? Is there a second? Councilwoman Tjornhom: Second. Mayor Laufenburger: Thank you Councilmember Tjornhom. Is there any further discussion? Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approves the ordinance rezoning the property from Agricultural Estate District (A2) to Industrial Office Park (IOP); preliminary and final plat approval creating 3 lots and one outlot with access via a private street; the development contract for Holasek Business Park; a Wetland Alteration Permit to fill wetlands on site subject to approval of the Army Corps of Engineers and the watershed district; Site Plan approval for 3 office industrial buildings for a total of 449,350 square feet; plans prepared by Sambatek dated 11/02/2018 and Edward Farr Architects dated October 19, 2018, subject to the following conditions of approval and adopts the Findings of Fact: SUBDIVISION Engineering All ingress/egress locations, including the right-in/right-out access located at the northwestern portion of the property, and subsequent impacts of trip generation by the development, shall be designed to Carver County standards and shall meet all Carver County’s requirements. Any requirements set by Carver County to improve the intersection shall be addressed by the applicant (if necessary). The applicant shall dedicate the 40’ x 120’ drainage and utility easement at the northwest corner of Lot 1 on the preliminary and final plat prior to recording. An executed agreement between the developer and Magellan Pipeline Company allowing construction over Magellan Pipeline Company’s easement shall be provided to the city prior to the issuance of grading permits. The preliminary and final plat shall not include the 5’ drainage and utility easements located at the south side of Lot 2, and the north side of Lot 3, prior to acceptance and recording. All retaining walls exceeding 4’ in height shall have plans and details prepared by a registered engineer or landscape architect prior to issuance of building permits. Chanhassen City Council – December 10, 2018 55 At the time of building permit submittal, connection methodology to the existing stubs (sanitary sewer and water services), material type, and location of service valves and other appurtenances shall be identified for review. Prior to construction of the water and sanitary utilities within the development, all required permits from the appropriate regulatory agencies shall be required. An O&M plan shall be submitted for review and approval prior to the issuance of building permits. Improvements to the existing manhole where the effluent will be received via the lift station. Parks Full park fees in lieu of parkland dedication and/or trail construction shall be collected for the three proposed lots totaling 36.39 acres as a condition of approval for Holasek Business Park. These park fees shall be collected in full at the rate in force upon final plat submission and approval. Planning A 40-foot access and maintenance easement shall be recorded over the private streets. The private streets shall be constructed to a nine-ton design with a minimum pavement width of 26 feet and a maximum slope of 10 percent. A street name for the private street at Galpin Boulevard and Lyman Boulevard shall be submitted to the Building Official and Fire Marshall for review and approval prior to recording the final plat. Water Resources Coordinator Stormwater Development Charges. Estimated stormwater development fees in the amount of $770,012.40 (36.39 acres x $21,160) shall be paid prior to recording the final plat. Financial Assurance. To guarantee compliance with the plan and related remedial work, a cash escrow or letter of credit, satisfactory to the city, shall be furnished to the city before a building permit is issued. The escrow amount shall be $7,500.00 per acre. The city may use the escrow or draw upon the letter of credit to reimburse the city for any labor or material costs it incurs in securing compliance with the plan or in implementing the plan. If the city draws on the escrowed funds, no additional building permits shall be issued until the pre-draw escrow balance has been restored. The city shall endeavor to give notice to the owner or developer before proceeding, but such notice shall not be required in an emergency as determined by the city. The assurance shall be maintained until final stabilization and removal of erosion and sediment controls. Chanhassen City Council – December 10, 2018 56 Drainage and utility easements will be required over all remaining wetlands and public stormwater utilities. This includes the western boundary of the project as well as the southwest corner of the parcel which should have a sufficient easement for the main drainage pipe for this area (required in conjunction with final plat). Private stormwater easements will be required over all private stormwater facilities using the city’s template (required in conjunction with final plat). The Holasek Business Park construction plans show areas of grading over the main stormwater pipe that runs north to south along the western property boundary. Construction on this pipe may be planned for the next couple of years. Please coordinate earthwork in this area with the city and Carver County Public Works Department. The plans show significant grading in the south outlot. Sec. 19-145 of City Code does not allow unbroken slopes greater than 30’ and slopes steeper than 3:1. Additionally, the proposed grading would trigger bluff regulations Sec. 20-1401 and Sec. 20-1405. Staff recommends removing the stockpile from the proposed plans. If the stockpile cannot be removed it will need to be reduced to slope less than 20’, 3:1 max. It must meet all other regulatory requirements for wetland hydrology, erosion and sediment control, and surface water management. Erosion and sediment control must meet the requirements of Sec. 19-145 including a dewatering plan. Erosion and Sediment Control Practices including temporary sedimentation basins, silt fence, the construction entrance, and ESC BMPs are shown in the legend on sheet C5.02, but not on the plans. Indicate the location of these practices on the Erosion Control Plan sheet. EOFs should be stabilized with TRM or similar. Include chosen stabilization measures in the construction plans. Temporary Sediment Ponds. The proposed stormwater ponds will need to be utilized as temporary sediment ponds during construction. A faircloth skimmer will need to be installed, and the outlets of the pond will need to be sealed off for the duration of construction until the site is stabilized. Skimming devices should be designed to remove oils and floatable materials up to a one-year frequency event. The skimmer should be set 12 inches below the normal surface water elevation and should control the discharge velocity to 0.5 fps. Incorporate these notes and details into the construction plans. Topsoil Management a. Subsoil Decompaction. Please add a note about subsoil decompaction to the topsoil section on sheet L1.03. Subsoil must be decompacted to a depth of six inches in all pervious areas, prior to placement of six inches of topsoil. Contractor must identify the method used to decompact six inches of subsoil prior to placing topsoil. Chanhassen City Council – December 10, 2018 57 b. Topsoil Depth. Note 5 under Turf Establishment on sheet L1.03 reads that a minimum of four inches of topsoil is required. CCWMO Standards require that six inches of topsoil be replaced in all disturbed pervious areas. Update this note to reflect the six inch requirement. c. Stockpiles. Please indicate the quantity of topsoil needed to restore six inches in all pervious areas of the development. Show location(s) where existing topsoil is to be stockpiled on the site. d. Soil Hauling. Describe topsoil hauling plans, including locations and estimated quantities. Note that if topsoil is exported or imported to the site, an additional permit may be required. e. Vegetative Cover. Note 5 under Turf Establishment on sheet L1.03 refers to a healthy stand of vegetation in all disturbed pervious areas of the development. Please note that 90% of the expected vegetative density is required. Stormwater Management Sec. 19-142. Plans required. All plans shall be reviewed and stamped “Approved by the City Engineer” and all applicable permits must be obtained prior to commencing construction. For all newly constructed stormwater facilities (ponds, retention areas, infiltration basins, storm sewer, etc.) or existing facilities that are modified, as-built plans shall be prepared by the developer. As- built plans shall be signed and certified by a licensed professional engineer in the State of Minnesota and record drawings shall be provided to the city. Standard details for many typical storm structures (e.g., storm sewer, outlet structures, catch basins, sump manholes, etc.) are available on the city's website. Sec. 19-144. Major facility design elements. a. For basins intended to have permanent water levels, a minimum of four feet of standing water (dead storage depth) and a maximum of ten feet shall be provided. b. Separation between the inlet(s) and outlet shall be maximized to prevent short- circuiting. c. Outlets shall be evaluated for the need to dissipate energy so as to reduce velocities to permissible levels as allowed by the soil and vegetation. At a minimum, flared-end sections should be provided with riprap consistent with Minnesota Department of Transportation standards. For areas with high flows or where excessive erosion occurs or is anticipated, energy dissipation per Federal Highway Administration standards shall be followed. Chanhassen City Council – December 10, 2018 58 d. Riprap shall be provided below the channel grade and above the outfall or channel bottom to ensure that riprap will not be undermined by scour or rendered ineffective by displacement. Riprap consisting of natural angular stone suitably graded by weight shall be designed for anticipated velocities. Riprap shall be placed over a suitable filter material or filter fabric to ensure that soil particles do not move through the riprap and reduce its stability. BMP Details. Include the following BMP details in the construction plans: a. BMP Cross Sections. Include site-specific elevations on the Bioretention Bench and Bioretention Trench details on sheet C4.02. b. OCS Details. Include Outlet Control Structure Details (attached) for the stormwater BMPs with specific elevations for inlets, outlets, and draintile (when applicable). c. BMP Profiles. Include profiles of the stormwater BMPs with draintile (Pond B Filtration Bench and Filtration Trench) showing draintile slope. Please note that all draintile must have a positive drainage slope of at least 0.5%. Include site-specific invert elevations for assistance with field construction. d. EOF elevations. EOF elevations should be set to at least 0.5 ft. above the HWL to allow for construction tolerance. Include cross-sections of the EOFs in the plan set. Impervious Acreage. The area (ac) of proposed new impervious is inconsistent between the application (25.10), stormwater report (27.5), project narrative (25.08), plan sheet C5.03 (28.4), and HydroCAD model (25.34). Clarify the correct area of new impervious and update components of the submittal to match. Elevation-Storage Tables. Include the Filtration Bench bottom (should be 928.5) in the elevation- storage table in the HydroCAD report so that the treatment volumes can be determined for the ponds, bench, and re-use system. Filtration Trench. The filtration trench design is not compliant in the current design. a. Contributing Area. The filtration trench appears to receive runoff from pervious areas only. Stormwater BMPs should capture and treat runoff from impervious areas on the site. b. Tree Roots. The filtration trench is proposed in an area that is wooded on the landscape plan. Trees may be planted on the side-slopes or adjacent to the trench but are not allowed in the trench bottom. Tree roots may impact the draintile and prevent proper drainage. Chanhassen City Council – December 10, 2018 59 c. Model and Plan Details. The filtration trench is not included in the HydroCAD model and the construction plans do not show details (bottom, NWL, HWL, OCS, EOF) for this BMP. Please include the details listed in Comment #2 above and include information for this practice in the construction plans and HydroCAD model. Operation & Maintenance Plan (O&M). Provide a draft O&M plan outlining the responsibilities for inspecting and maintaining the stormwater BMPs on site. The O&M plan must be signed by all responsible parties. a. Reuse Maintenance Plan. Provide a draft Reuse Maintenance Plan as part of the overall O&M plan. Please include all details outlined in the corresponding section on the Stormwater Reuse Design Guidance document. Reuse Plan Sheet. Please add the following information to the stormwater reuse plan: a. Location of the following reuse system components: irrigation lines, irrigation zones, sprinkler heads, pumps, intakes from ponds, and usage meters. If applicable, include the locations of the potable connection, backflow prevention devices, filters, and debris collection sumps. b. Narrative describing operation of the systems. If the irrigated areas will be actively used during daytime hours, the irrigation needs to be scheduled for times when the areas will not be in use. c. Location of access for reuse system maintenance. d. Drawdown elevations of the reuse ponds. e. Volume reduction and/or water quality calculations. f. Other information relevant to the reuse systems. SWPPP. A copy of the SWPPP including soils/infiltration data within the perimeter of all infiltration/filtration devices is required prior to review for final plat. The SWPPP must also meet all requirements of City Code 19-145. Basin. There is a bioretention basin south of Lyman Boulevard in the road construction plans. Please show this basin on the construction plans for Holasek Business Park and demonstrate that the road project plans don’t interfere with this project. Chloride Management Plan. A chloride management plan is required. Applicant will need to respond to the comments received by Twin Cities & Western (Wednesday, October 24, 2018 6:39 AM): Chanhassen City Council – December 10, 2018 60 “In response to this proposal Twin Cities & Western offers the following comment: Twin Cities & Western has concerns of stormwater and general runoff impacts with this land being developed making it non-pervious. What will happen to the stormwater runoff and will the increased runoff adversely impact the railroad roadbed?” SITE PLAN Engineering Must comply with the conditions of the Holasek Business Park conditions of approval for the subdivision. Environmental Resources Additional tree species will need to be added rather than increasing quantities of existing selection. Parking lot islands and peninsulas will be required to have proper planting soil as specified in the Planting Notes. Planning The applicant shall enter into separate site plan agreements with the city for each lot and building and provide the necessary security to guarantee grading and erosion control, site restoration, stormwater and landscaping. Pedestrian ramps shall be added at each curb at the driveway entrance to Building A and included on the site plan sheet C3.01. Community features including benches, bike racks and picnic tables shall be incorporated in the site. Due to the wetland in the southwest corner of the site, Building C on Lot 3 may need to be shifted east or reduced in size, the drive aisle, parking and loading areas may need to be shifted to the east and north. Water Resources Coordinator Must comply with the conditions of the Wetland Alteration Permit. WETLAND ALTERATION PERMIT Chanhassen City Council – December 10, 2018 61 a. Sec. 20-409. Decisions under this article must not be made until after receiving the determination of the technical evaluation panel regarding wetland public values, location, size, and/or type if the city council, the landowner, or a member of the technical evaluation panel asks for such determinations. b. Any projects seeking a wetland alteration permit subject to this article will also be required to submit the following incomplete requirements: Existing and proposed drainage areas to wetlands; Buffer strip plan meeting the criteria of subsections 20-411(c) and (d) c. Sec. 20-416. Mitigation. Wetland mitigation shall be undertaken on-site. If this is not feasible, then mitigation may occur locally within the subwatershed. If this is not possible, then mitigation may occur outside the subwatershed, elsewhere in the city. If mitigation cannot be accomplished on-site, or if the city deems it necessary to perform mitigation off- site, then the applicant shall be responsible for providing off-site mitigation within the major subwatershed, as designated by the Minnesota Wetland Conservation Act, or purchasing wetland credits from the state wetland bank. Staff believes mitigation can occur on site by expanding the wetlands in the south outlot. d. Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as prescribed by this Code. e. If a wetland alteration permit is issued allowing wetland alteration, the following standards shall be followed: (1) The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland; (2) It shall be located as to minimize the impact on vegetation; (3) It shall not adversely change water flow; (4) The size of the altered area shall be limited to the minimum required for the proposed action; (5) The disposal of any excess material is prohibited within remaining wetland areas; (6) The disposal of any excess material shall include proper erosion control and nutrient retention measures; (7) Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning; (8) Alterations to wetland areas shall be mitigated in accordance with the requirements of this article if the activity results in a loss of wetland area and/or function and value of the wetland. f. The alteration shall not alter the hydrological patterns in the remainder of the wetland, if a portion of the wetland remains, unless exempted under Sec. 20-417. Please show how hydrologic patterns will not be altered for the remaining wetlands. g. Sec. 20-405. Wetland delineation. An electronic copy of the delineated wetland boundaries must be submitted in a format compatible with the city's GIS database. h. A grading permit cannot be issued until the applicant has completed the WCA process. i. Wetland Buffers. Wetland buffers and buffer monumentation will be required adjacent to the wetlands on-site. Please indicate wetland buffers widths and locations where signage will be placed on a plan sheet. Please find additional information on signage placement in Chanhassen City Council – December 10, 2018 62 the guidance document attached. The WMO provides signs and sign posts for the cost of materials. Alternative signs (by the city or applicant) are also acceptable provided they contain similar information. j. Sec. 19-146. Wetland elements. 1) Water level fluctuations (peak elevation and duration) for wetlands shall be limited to two feet and duration not to exceed 48 hours so as to prevent the destruction of wildlife habitat and wetland vegetation. 2) Sedimentation basins or sediment removal devices shall be provided prior to discharge into wetlands. Variable bottom contours should be considered to provide deeper holes and flat shallow benches. This feature will provide habitat for diversity of plants and wetland inhabitants for wetland mitigation sites and stormwater basins. All voted in favor except for Councilwoman Ryan and Councilman Campion who opposed. The motion carried with a vote of 3 to 2. Mayor Laufenburger: That motion carries 3-2. Congratulations gentlemen. You’ve got work to do. Good luck to you. Ed Farr: Thank you. APPROVE APPLICATION FOR FUNDING FROM CARVER COUNTY COMMUNITY DEVELOPMENT AGENCY COMMUNITY GROWTH PARTNESHIP INITIATIVE PROGRAM FOR HOLASEK BUSINESS PARK DEVELOPMENT. Mayor Laufenburger: Kate is this your’s? Kate Aanenson: Yes. Mayor Laufenburger: Alright. This is related to what we just did is that correct? Kate Aanenson: Correct. Mayor Laufenburger: Okay. Kate Aanenson: So Carver County CDA annually gives out, or considers requests for part of a funding for economic development so originally we had looked at Control Products for that request because. Mayor Laufenburger: Control Concepts.