CC Minutes 6-24-19 - Vacation of Easements and SPR and CUPChanhassen City Council – June 24, 2019
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PUBLIC HEARING: APPROVE VACATION OF DRAINAGE AND UTILITY
EASEMENTS AT 8077 CENTURY BOULEVARD (CONTROL CONCEPTS); AND
CONSIDER A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT FOR
DEVELOPMENT WITHIN THE BLUFF CREEK CORRIDOR FOR PROPERTY
LOCATED AT 8077 CENTURY BOULEVARD (CONTROL CONCEPTS) AND ZONED
PLANNED UNIT DEVELOPMENT (PUD).
Kate Aanenson: Thank you Mayor, members of the City Council. As you stated this is two
items put together under the one topic and I’ll go through the staff report here. This Control
Concepts was before the City Council almost a year ago. A little over a year ago and at that time
there was just some issues regarding the trail access and trying to get the building in there. They
have cut the building down by 4,000 square feet and am proud and excited to have them back on
the site. This is the last lot that’s out on Arboretum Business Park. 8077 Century Boulevard.
The building to the south is under remodel right now. The site plan review is for a two story,
54,276 square foot office warehouse and manufacturing building. As I indicated this building is
a little bit smaller than the one that was before you before. This property, the land use is office
industrial. It’s a PUD. We put that together when the Life Time project came forward so we
wanted specific uses on specific lots. Also office and manufacturing is permitted in this zoning
district. So the site plan itself is, you can see the trail to the north that goes through the site. I
guess my mouse isn’t going to work. Can you fix that too? Alright. Sorry.
Mayor Ryan: That’s okay.
Kate Aanenson: Having a few malfunctions here. Okay so the site plan itself. Again office
warehouse. The parking’s going around the building. I think one of the things that was designed
better on this site is the parking and allocation for the loading docks. I’ll let the applicant speak a
little bit more in detail to that. The building schematic, again it’s a well presented building. I
know they worked to make the design fit in to what we have for our design standards so the
applicant is proposing a building material that is multi-textural gray and exposed aggregate.
There’s pre-cast concrete panels with partition lines on the building as you can see on the
elevations here so again worked to get some revised schematics with a little bit more
architectural detail and again I’m very pleased with how the project has turned out. So the
grading plan, again a little challenging with the trail in and of itself but as you recall with the
original trail that was going before you it had steep walls and it kind of felt cavernous on the
inside so I think all of that with the regrading has been revised. The landscape plan does meet
city ordinance. The site utilities are to the subject site. There’s the stormwater pond to the north
of the site. Again they’re including containment within the site itself. Here’s a picture of the
stormwater pond that’s to the north. There’s also capturing that before it gets to that pond and
doing some dispersement there. One of the questions or concerns that engineering had looking at
that was the access to the driveway. The offset on the access but again we’re looking at that in a
little bit more detail for the trail and then the driveway how it is offset. Again I can show you
that and how to do that, this thing’s moving around sorry. So you can see the intersection, the
new intersection and then Water Tower Place. There’s a slight offset. As you know we like to,
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engineering likes to have those T intersections so looking at that traffic movement, seeing if we
have good sight lines on that so that one thing we’ll be reviewing in a little bit more detail. So
with that the Planning Commission did hold a hearing on June 4th to hear the proposed
development. They did recommend 4-0, the Planning Commission was really pleased with the
redesign. Kind of making it, they lost one tenant. It was multi-tenant. Now it’s a single tenant
user but it seemed like it fit much better on the site so they did recommend 4-0 to approve it. So
with this is a drainage and utility easement vacation request and I’ll let the City Engineer go
through that.
Jason Wedel: Thank you Mayor, members of the council. So what you see on the photo to the
right, the yellow outline is the existing drainage and utility easement. That was part of the
original plat back from 1997. This current project, none of the proposed improvements actually
line up with those old easements so there’s a need to vacate the old easements to where the
actual, stormwater amenities are that we’re trying to protect and include in the easements. So
everything that’s cross hatched is basically being vacated and new drainage and utility easements
are being put in place where we need them to cover the utility and stormwater improvements.
Kate Aanenson: So with that the City Council, the Planning Commission did recommend the
City Council approve the site plan for the 54,276 square foot, two story office building. What I
didn’t show on the floorplan is that they do have room for expansion on that second floor and
then the manufacturing building subject to the conditions of the staff report, adoption of the
Findings of Fact and also adopting the resolution approving the vacation of a portion of the
public drainage and utility easements and also as with any project that comes forward there
would be new easements put in place for public utilities. The applicants are here. They have
been here so I’m sure they’d love to come talk about their project but then you’ll have to open
the public hearing for the vacation.
Mayor Ryan: Alright I’ll have the applicant come up first and then hold the public hearing
afterwards. Thank you for your patience tonight.
Jeff Gears: Thank you.
Mayor Ryan: Welcome. Please state your name for the record.
Jeff Gears: My name is Jeff Gears. I’m with the architectural firm BDH& Young and I’m the
project architect.
Cory Watkins: Cory Watkins with Control Concepts. President and owner.
Mayor Ryan: Welcome.
Cory Watkins: Thank you.
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Jeff Gears: So I think staff, sure I’m not sure I have a whole lot more to offer than what staff had
reported here. I think as was noted the big change from last year is we did reduce the building
size and in doing that what it allowed us to do, previously we had the loading dock on the north
side of the building, and I can try to flip to a site plan quick. So previously the loading dock was
on this side of the building and that was essentially pushing the building to the north. I’m sorry
the loading dock was on the south side and that was ultimately resulting in some of these high
retaining walls at the trail but by reducing the square footage for the second tenant and the
building was able to shift for parking and flow around the building to work better and for the
overall site plan to fit onto the site much better.
Mayor Ryan: Great thank you. Any other comments?
Cory Watkins: Yeah Control Concepts has been around since 1980 and we’ve been in
Chanhassen since 1996. We’re over in the business park across from Lake Ann and we’re
currently over in Dell 5 and we’re looking, we’re growing which is a good problem. And so
we’re excited to stay in Chanhassen and we’re excited to see that through a strange turn of events
this all worked out better. You know small retaining walls. Less cost. It just, everything just
fits very well so we’re hopeful that you will consider the project and approve it.
Mayor Ryan: Well great. We’re glad you decided to stay in Chanhassen and we’re excited.
Council any questions of the applicant? Alright thank you.
Jeff Gears: Thank you.
Mayor Ryan: And now I will open the public hearing for, let me get this correct. I open the
public hearing to approve the vacation of drainage and utility easements at 8077 Century
Boulevard. With nobody here I will close the public hearing and return it to the council. If you
have any comments or questions. I have one question that, look at my notes here. I know that
part of the development, which I think is great. I’m happy that it’s a smaller size and the
retaining wall is smaller. I think that’s fantastic. I know in the previous concept that we talked
about last year it was a very significant retaining wall in addition to the trail and the City, you are
going to build the trail and then the City is planning on, then I mean the City would pay you
back. I remember this coming up last year as part of the CIP. Nature trail preserve and I know
last year as part of the 2019 it was a $200,000 trail and now it’s down to, do we have specific
numbers yet? Do we know?
Todd Gerhardt: It’s about $60,000.
Mayor Ryan: Okay.
Councilman Campion: Not $600,000?
Todd Gerhardt: No I’m thinking of the one that goes under 41.
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Mayor Ryan: Which is a significant reduction and so I’m glad to see that but even at that, even
at the $60,000 obviously is a significant amount for the City with some of the projects that are
coming forward. Mr. Hoffman I know, we talked a little bit earlier. Is this, have you started
with the Park and Recreation Commission in terms of your reviewing of the CIP with, and the
reason why I ask this is obviously we have the underpass at Highway 41 and then the Lake Ann
trail and that’s going to be a cost to the City as well.
Todd Hoffman: Correct. Mayor Ryan, members of the council. What the applicant will have to
deliver to both the City Engineer and the Parks Director is a cost estimate for that trail.
Mayor Ryan: Okay.
Todd Hoffman: That will be approved as a part of the project. Tomorrow night the Park and
Recreation Commission starts their 2020 to 2024 CIP. There’s really not a lot going on in the
CIP budget right now with the exception of the trail to the Arboretum which is estimated at
$600,000 give or take. The current fund balance is $1.6 million and so there is the funds
available to complete this trail. It’s the final segment of the Bluff Creek master plan for the trail
that goes around and it’s really a condition of approval that was set in place some time ago with
the original concept planning or master planning for the trail in this area so confident the project
can manage it and we will continue that conversation tomorrow night.
Mayor Ryan: Perfect, thank you Mr. Hoffman. Thank you for that clarification. That was,
happy to see the reduction from the $200,000 down to the $60,000 and with an increase in funds
and the park fund I’m glad to hear that the budget is there to support this trail so thank you for
that clarification. Council any further questions, comments or action? Anybody? On the
screen.
Councilman Campion: I’ll make a motion.
Mayor Ryan: Okay Councilman Campion.
Councilman Campion: I’ll make a motion that the Chanhassen City Council approves the site
plan for a 54,276 square foot two-story office warehouse building subject to the conditions of
approval in the staff report, adopts the Findings of Fact and adopts the resolution approving the
vacation of a portion of public drainage and utility easement on Lot 2, Block 1 of Arboretum
Business Park 7th Addition.
Mayor Ryan: We have a valid motion. Is there a second?
Councilwoman Coleman: I’ll second the motion.
Mayor Ryan: With a valid motion and a second.
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Resolution #2019-31: Councilman Campion moved, Councilwoman Coleman seconded to
approve adoption of a resolution granting the vacation of the atypical portions of drainage
and utility easements of Arboretum Business Park 7th Addition, Block 1, Lot 2; and
approve the site plan for a 54,276 two-story building, plans prepared by Loucks and BDH
& Young dated 05-03-20, subject to the following conditions and adopts the Findings of
Fact:
Building
1. The building is required to have automatic fire extinguishing systems.
2. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
3. Building plans must include a code analysis that contains the following information: Key
Plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers,
Separated or non-separated, Fire resistive elements (Ext walls, Bearing walls - exterior or
interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel
distance), Minimum plumbing fixture count.
4. Detailed occupancy-related requirements will be addressed when complete building plans
are submitted.
5. Structure proximity to property lines (and other buildings) will have an impact on the
code requirements for the proposed building, including but not limited to: allowable size,
protected openings and fire-resistive construction. These requirements will be addressed
when complete building and site plans are submitted.
6. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
Engineering and Water Resources
1. The applicant shall provide a traffic memo, prepared by a licensed traffic engineer,
evaluating conflicting driving movements with Water Tower Place and the northern
driveway access
2. Vacate drainage and utility easements except the standard 10-foot wide easement
associated with the front of the parcel in addition to the standard 5-foot wide easement
associated with the side and rear portions of the parcel.
3. The wetland, wetland buffer, and the Bluff Creek Overlay District on the site shall be
preserved and protected in perpetuity. Staff recommends that the developer dedicate
those areas to the city to ensure conservation of these critical areas.
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4. Provide a permanent 20’ easement over the trail throughout the parcel.
5. The applicant shall remove all existing fence located on the east side of the property.
6. Apply for an Encroachment Agreement for the private sidewalk.
7. Provide top of wall and bottom of wall elevations for entire retaining wall build, which
includes retaining wall built below grade, i.e. bottom of wall.
8. Replace any striping removed in Century Boulevard.
9. All striping and signage shall meet the requirements of the MN-MUTCD manual.
10. Indicate lineal (running) slope design for the trail. Trail slopes shall meet ADA
requirements.
11. Staff recommends the installation of a gate valve downstream of the trench drain to
isolate possible hazardous material from entering the storm system. The operation and
maintenance plan for the storm system should include the procedure for this isolation
protocol.
12. Salvage existing topsoil and indicate stockpile location.
13. Water main fittings shall be epoxy coated.
14. Core drill to existing sanitary sewer main will require the installation of a boot at
connection.
15. As the developer will be required to remove all material surrounding the existing public
sanitary sewer manhole that is being proposed for connection, Public Works will inspect
and determine if repair or rehabilitation of the manhole is required (e.g. rebuilding
chimney, installing I/I barrier, etc.).
16. Appropriate city permits for construction within the public right-of-way shall be obtained
prior to construction. Work within city streets requires a traffic control plan.
17. A preconstruction meeting with Public Works and Engineering shall be scheduled by the
contractor prior to working within the public right-of-way and the connection to any
public utilities.
18. Identify stockpile locations on plan.
19. All call-outs on construction plans that reference a detail shall be updated to incorporate
the sheet the detail is illustrated on and the detail number referenced for construction.
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20. 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.).
21. A SWPPP shall be submitted for review that meets the conditions of the NPDES
Construction Permit
22. Provide design details for the stormwater management systems and associated hydrology
models.
23. The applicant shall assess alternatives to conveying stormwater system discharge on and
across City property that will not cause erosion or degradation.
24. The applicant shall demonstrate through modeling that the receiving municipal
stormwater system has adequate capacity to accept the increased drainage volume.
25. Provide a planting and revegetation plan specific for grading within the bluff impact zone
and the wetland buffer.
26. Provide boring locations on grading and stormwater utility plan sheets.
Environmental Resources
1. The applicant shall revise the landscape plan to meet minimum requirements for the north
bufferyard. Plantings shall be located between trail and parking lot.
2. The applicant shall protect existing trees to be preserved along Century Boulevard. Tree
protection fencing shall be placed at the dripline or greater distance prior to any
construction activities and maintained until construction is complete. Any trees that die
will be required to be replaced.
3. The trail alignment within the Bluff Creek Overlay District shall be field inspected and
approved by the city prior to any removals and construction activity. No live, significant
oak trees shall be removed for trail construction.
Fire
1. There is only one hydrant on the property. Several are needed to meet minimum spacing
requirements per MN Fire Code.
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, the intersection of Century Boulevard and West 82nd Street, and the
intersection of Century Boulevard and Water Tower Place. Bid documents, including
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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.
2. Trail easements within Lot 2, Block 1, Arboretum Business Park 7th shall be dedicated to
the city to accommodate the “wetland trail”.
Planning
1. The applicant shall enter into a site plan agreement and provide the security required by it
prior to receiving a building permit.
2. A separate sign permit application, review and approval shall be required prior to site
sign installation.
3. The building needs additional articulation to break up long expansions of wall area on the
north side of the building.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Ryan: That motion carries 5-0. That was quick.
PUBLIC HEARING: 195 WEST 79TH STREET, APPROVE PURCHASE AGREEMENT
FOR SALE OF LAND TO FRONTIER LAND HOLDINGS, LLC.
Todd Gerhardt: Mayor, council members, whenever the City decides to dispose of public
property you must hold a public hearing. 195 West 79th Street is before you and an option to
purchase from Frontier Brewing Company and that’s the name we’re still using Matt?
Matt Rosati: It was trademarked so it couldn’t be used any longer…so there’s the option of
either Chanhassen Brewery or something more narrower. Unfortunately…in the process of
learning this I didn’t go in and trademark. They’re two totally different laws and it is still a
brewery in progress and unfortunately it might not be that Frontier.
Todd Gerhardt: But you can still use Frontier Land Holdings?
Matt Rosati: Yes. That’s correct. Frontier Land Holdings is…Minnesota and does not need to
trademarked.
Todd Gerhardt: Okay, and so we’re working with Frontier Brewing Holdings LLC but the name
of the brewery is probably going to be called Chanhassen Brewing Company and they’re going