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CC Staff Report 7-27-20CITY COUNCIL STAFF REPORT Monday, July 27, 2020 Subject Approve a Request for a Conditional Use Permit (CUP) for Food Processing and Outdoor Storage for Six Silos on Property Located at 2100 Stoughton Avenue (Hemp Acres) Section NEW BUSINESS Item No: J.1. Prepared By Bob Generous, Senior Planner File No: 2020­09 PROPOSED MOTION "City Council approves the Conditional Use Permit for food processing operation with outdoor storage for six 35­ foot silos subject to the Conditions of Approval; and Adopts the Planning Commission's Findings of Fact." Approval requires a Majority Vote of the entire council. SUMMARY A request for a Conditional Use Permit (CUP) for food processing and outside storage for six silos on the westerly 50,160 square feet of the River Valley Business Center, a 180,000 square­foot, four­unit, office­industrial­warehouse building (Hemp Acres). BACKGROUND River Valley Business Center, an 180,000 square­foot, four­unit, office­industrial­warehouse building, is the successor of the Gedney Pickle processing plant.  On October 10, 2010, the City Council approved a 39,000 square­foot, one­story warehouse expansion on the east end of the building. (Planning Case #2010­11) In May, 1979, the City Council approved a 41,500 square­foot warehouse expansion, 6,000 square­foot sauerkraut manufacturing facility and 1,200 square­foot refrigeration storage. (Planning Case P­125 / SPR #71­1). In June, 1968, the City of Chaska and Village of Chanhassen entered into an agreement to annex to Chanhassen and de­annex from Chaska, land being purchased by M.A. Gedney for plant operations. On April 1, 1963, the City of Chaska and M.A. Gedney entered into a sewer connection agreement. In 1958, M.A. Gedney’s pickle manufacturing operations were consolidated at the plant on Stoughton Avenue. DISCUSSION CITY COUNCIL STAFF REPORTMonday, July 27, 2020SubjectApprove a Request for a Conditional Use Permit (CUP) for Food Processing and OutdoorStorage for Six Silos on Property Located at 2100 Stoughton Avenue (Hemp Acres)Section NEW BUSINESS Item No: J.1.Prepared By Bob Generous, Senior Planner File No: 2020­09PROPOSED MOTION"City Council approves the Conditional Use Permit for food processing operation with outdoor storage for six 35­foot silos subject to the Conditions of Approval; andAdopts the Planning Commission's Findings of Fact."Approval requires a Majority Vote of the entire council.SUMMARYA request for a Conditional Use Permit (CUP) for food processing and outside storage for six silos on the westerly50,160 square feet of the River Valley Business Center, a 180,000 square­foot, four­unit, office­industrial­warehousebuilding (Hemp Acres).BACKGROUNDRiver Valley Business Center, an 180,000 square­foot, four­unit, office­industrial­warehouse building, is the successorof the Gedney Pickle processing plant. On October 10, 2010, the City Council approved a 39,000 square­foot, one­story warehouse expansion on the eastend of the building. (Planning Case #2010­11)In May, 1979, the City Council approved a 41,500 square­foot warehouse expansion, 6,000 square­foot sauerkrautmanufacturing facility and 1,200 square­foot refrigeration storage. (Planning Case P­125 / SPR #71­1).In June, 1968, the City of Chaska and Village of Chanhassen entered into an agreement to annex to Chanhassen andde­annex from Chaska, land being purchased by M.A. Gedney for plant operations.On April 1, 1963, the City of Chaska and M.A. Gedney entered into a sewer connection agreement.In 1958, M.A. Gedney’s pickle manufacturing operations were consolidated at the plant on Stoughton Avenue. DISCUSSION The applicant is proposing to remodel the western 50,160 square feet of the building as a food processing facility making consumable food products, oil and protein powder from hemp seeds. The site provides the opportunity to expand the operation as it goes forward. The processing portion of the operation will encompass 20,000 square feet, the warehouse portion encompasses 27,355 square feet and the office portion encompasses 2,805 square feet. The hemp seeds will be stored in six 4,000­6,000 bushel bins (16 foot diameter by 35­foot tall silos) located on the northwest corner of the building. The applicant intends to expand his operation in the future, which will lead to the use of all six silos. The Planning Commission held a public hearing on July 7, 2020 to review the proposed development.  The Planning Commission voted unanimously, 6­0, to recommend approval of the proposed development. The Planning Commission believes that the proposed use is a very good use for the site. The minutes from the July 7, 2020 Planning Commission meeting are attached. RECOMMENDATION Staff and the Planning Commission recommend approval of the Conditional Use Permit to allow Hemp Acres to process food products from hemp seeds and allow the construction of six 35­foot tall silos based on the plans prepared by Phillip D. Johnson, Architect, dated April 4, 2020, subject to the conditions of approval in the Planning Commission staff report. ATTACHMENTS: Conditional Use Permit Legal Description Staff Report Findings of Fact and Recommendation Development Review Application Project Narrative HACCP Property Survey Building Elevations Tenant Plans Detail Plans SAC Determination Parking Analysis Carver County Review Affidavit of Mailing Notice and List Planning Commission Summary Minutes dated July 7, 2020 Planning Commission Verbatim Minutes dated July 7, 2020 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #2020-09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Food processing operation with outdoor storage for six 35-feet silos. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: See Exhibit A 3. Conditions. The permit is issued to allow Hemp Acres to process food products from hemp seeds and allow the construction of six 35-feet tall silos based on the plans prepared by Phillip D. Johnson, Architect, dated April 4, 2020, with the following conditions: Building: 1) A building permit will be required for unit improvements, silo installation, and unit remodeling. Engineering: 1) If an intensification or increase in use or an expansion is requested for the site, a traffic analysis will be required to determine the volume of traffic the new site will generate. 2) Any future intensification of the site usage shall investigate the use of the driveway access to Audubon Road. Natural Resources: 1) The applicant shall work with city staff to finalize a planting plan. 2) The applicant shall incorporate a landscape buffer along the north side of the building, which includes Autumn Blaze maple, Siouxland poplar, Black Hills spruce and Amur maples. 3) The front planting areas shall have wood mulch as a ground cover. 4) All proposed parking lot landscape islands and peninsulas shall comply with City Code. Planning: 1) When the site is redeveloped or the usage intensifies, the existing pickle tanks shall be removed from the property unless they are used as part of the building tenant operation. Water Resources: 1) Updated plans illustrating the total land disturbance activities associated with all site improvements shall be submitted for review and approval by the city. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. This permit becomes void if the property for which the permit is issued is subdivided or the lot lines of the property altered. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: July 27, 2020 CITY OF CHANHASSEN BY: Elise Ryan, Mayor (SEAL) AND: Heather Johnston, Interim City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 20___, by Elise Ryan, Mayor, and by Heather Johnston, Interim City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ___________________________________ NOTARY PUBLIC DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 CITY OF CHANHASSEN PC DATE: July 7, 2020 CC DATE: July 27, 2020 REVIEW DEADLINE: August 4, 2020 CASE #: 2020-09 BY: RG, EH, JS, ET, MU SUMMARY OF REQUEST: Conditional Use Permit (CUP) for food processing and outside storage for six silos on the westerly 50,160 square feet of the River Valley Business Center, a 180,000 square foot, four unit, office-industrial-warehouse building (Hemp Acres). APPLICANT: Charles Levine Joel Buttenhoff (Owner) Hemp Acres, LLC Capstone Investors, LLC 8420 County Road 10 E. 102 N. Jonathan Boulevard, #200 Waconia, MN 55387 Chaska, MN 55318 952-442-4832 952-368-9009 LOCATION: 2100 Stoughton Avenue PID 25.0030700 PRESENT ZONING: Industrial Office Park, IOP 2020 LAND USE PLAN: Office Industrial ACREAGE: 24.19 acres DENSITY: 0.17 F.A.R. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has limited discretion in approving or denying Conditional Use Permits, based on whether or not the proposal meets the Conditional Use Permit standards outlined in the Zoning Ordinance. If the city finds that all the applicable Conditional Use Permit standards are met, the permit must be approved. This is a quasi-judicial decision. PROPOSED MOTION: “The Chanhassen Planning Commission recommends City Council approve the Conditional Use Permit for food processing operation with outdoor storage for six 35-foot silos subject to the Conditions of Approval, And Adopts the Findings of Fact and Recommendation.” Hemp Acres July 7, 2020 Page 2 of 11 Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is proposing to remodel the western 50,160 square feet of the building as a food processing facility making consumable food products, oil and protein powder from hemp seeds. The site provides the opportunity to expand the operation as it goes forward. The processing portion of the operation will encompass 20,000 square feet, the warehouse portion encompasses 27,355 square feet and the office portion encompasses 2,805 square feet. The hemp seeds will be stored in six 4,000-6,000 bushel bins (16 feet diameter by 35 feet tall silos) located on the northwest corner of the building. The applicant intends to expand his operation in the future, which will lead to the use of all six silos. Initially, only one silo will be installed to begin the operation. The hemp processing operation will begin with 10-12 employees in the building and will expand in the future to 25-30 employees. “Hemp seeds come from industrial hemp. Hemp, or industrial hemp, is a variety of the Cannabis sativa plant species that is grown specifically for the industrial uses of its derived products. Hemp has lower concentrations of THC and higher concentrations of cannabidiol (CBD), which decreases or eliminates its psychoactive effects. Hemp seeds can be eaten raw, ground into hemp meal, sprouted or made into dried sprout powder. Hemp seeds can also be made into a liquid and used for baking or for beverages such as hemp milk and tisanes. Hemp oil is cold-pressed from the seed and is high in unsaturated fatty acids.” (From Wikipedia) Hemp seed oil, as the name suggests, is extracted from the seeds of the hemp plant and contains absolutely no CBD. The applicant shall be responsible for impacts generated by its use. The property owner shall be responsible for improvements necessitated by the overall use of the building and the site. APPLICABLE REGULATIONS Chapter 20, Article IV, Conditional Use Permits Chapter 20, Article XX, “IOP” Industrial Office Park District BACKGROUND River Valley Business Center, an 180,000 square foot, four-unit, office-industrial-warehouse building, is the successor of the Gedney Pickle processing plant. The applicant proposes to occupancy of the westerly 50,160 square feet of the building. The most easterly 39,000 square foot unit contains a storage operation for decommissioned, armored vehicles, which have had their fluids drained. There are two vacant spaces of 48,370 square feet and 42,602 square feet in the middle Hemp Acres July 7, 2020 Page 3 of 11 portion of the building that can be occupied by office, warehouse or manufacturing uses subject to limitations on the sewer capacity with the City of Chaska and Chanhassen City Code. October 10, 2010, City Council approved a 39,000 square-foot, one-story warehouse expansion on the east end of the building. (Planning Case #2010-11) October 18, 1982, City Council approved Industrial Revenue Bond resolution for M.A. Gedney. (Planning File #82-64) November 1979, City Council approved a sign variance to permit two signs on the industrial site. May 1979, City Council approved a 41,500 square-foot warehouse expansion, 6,000 square-foot sauerkraut manufacturing and 1,200 square-foot refrigeration storage. (Planning Case P-125 / SPR #71-1). May 1972, Chaska-Chanhassen-Metropolitan Sewer Board entered into an agreement to permit M.A. Gedney to continue to use Chaska’s sanitary sewer system. June 1968, City of Chaska and Village of Chanhassen entered into an agreement to annex to Chanhassen and de-annex from Chaska land being purchased by M.A. Gedney for the plant operations. April 1, 1963, City of Chaska and M.A. Gedney entered into a sewer connection agreement. 1958, M.A. Gedney’s pickle manufacturing operations were consolidated at the plant on Stoughton Avenue. SITE CONSTRAINTS Bluff Creek Corridor This property is not located within the Bluff Creek Overlay District. The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low-impact practices. Wetland Protection There is not a wetland located on the property. Bluff Protection There are no bluffs on the property. Hemp Acres July 7, 2020 Page 4 of 11 Shoreland Management The property is not located within a shoreland protection district. Floodplain Overlay This property is not within a floodplain. DISCUSSION North of the site is vacant land in the City of Chaska and County Road 61 as well as additional vacant land within Chanhassen. To the east is an electrical substation for Minnesota Valley Electric and a cemetery. South across Stoughton Avenue is the Riverview Terrace mobile home park. To the west across Audubon Road are commercial businesses. The western portion of the property contains medal vats from the previous pickle factory on the site. A roofed, open sided dock area has been demolished on the western end of the building. In the future, if urban services are available for the entire area, the vacant land on the north side of the building will develop, creating a visual barrier for the north side of the building. The city undertook a feasibility study as part of the County State Aid Highway (CSAH) 61 Corridor Land Use Study in 2015 to determine the cost effectiveness of the extension of utilities to the property, and at that time, determine whether the Cities of Chanhassen or Chaska should provide sewer service to the property. The study findings indicated that extending city utilities to the study area is feasible. The CSAH 61 Corridor Land Use and Utility Study was finalized and approved by City Council on October 28, 2014. In anticipation of the redevelopment of this area, staff has also had discussions with the City of Chaska about extending Engler Boulevard as a connection to the north. When Gedney Pickles was in operation, they averaged 105 employees with a high of 135 employees for the business. CONDITIONAL USE PERMIT CRITERIA Food processing requires a Conditional Use Permit under the IOP zoning of the property. Conditional uses are considered appropriate uses if they can meet the criteria established in City Code. In reviewing applications for Conditional Use Permits, the Planning Commission and the Council may attach reasonable conditions to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In determining conditions, special considerations shall be given to protecting immediately adjacent properties from objectionable views, noise, traffic and Hemp Acres July 7, 2020 Page 5 of 11 other negative characteristics associated with such uses. Such conditions may include, but are not limited to the following: 1) Controlling the number, area, bulk, height and location of such uses. There are no other such operations in the city. McGlynn Bakery located on Audubon Road and Coulter Boulevard is the only other food processing operation in the city. 2) Regulating ingress and egress to the property and the proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control and access in case of fire or other catastrophe. Access is via existing curb cuts. In the future should the operation expand, access to Audubon Road via the existing curb cut should be connected. 3) Regulating off-street parking and loading areas where required. Parking and loading areas are currently in place. A parking lot expansion is shown where the roofed, open dock area was removed. The handicapped parking stalls on the south side of the building shall be revised to comply with City Code. 4) Utilities with reference to location availability and compatibility. Sewer service is provided by the City of Chaska. An on-site well provides water for the site. 5) Berming, fencing, screening, landscaping or other facilities to protect nearby property. The site is fenced around its perimeter. 6) Compatibility of appearance. The proposed use is compatible with the exiting building. Sec. 20-297. - Food processing. 1) The site must have access via a collector or arterial roadway. Access to the parcel is from Audubon Road and CSAH 61, which are both arterial roadways. The last portion of the access is via Audubon Road and Stoughton Avenue, which are both local streets. Generally, direct parcel access is prohibited on arterial roadways. 2) All loading docks must be screened with berming, landscaping or other structures. The proposed use will utilize existing truck docks and access routes. 3) Truck parking is permitted on-site only in designated truck parking areas; parking must be screened. Truck parking shall be limited to the loading docks and truck unloading areas. 4) Compliance plan must be submitted to the city including: a. An inventory of potential or identified odor emission point sources associated with the industry or source. b. An engineering quality plan detailing best available control technologies and appurtenances designed to eliminate or achieve the maximum reduction of odor pollution from an emission point source inclusive of, but not necessarily limited to, certain processes, procedures, or operating methods intended to mitigate or control odor pollution. c. A detailed explanation of the specifications and operating parameters of the best available control technologies, monitoring instrumentation and equipment, and processes and procedures intended for the mitigation or control of odor pollution. d. A specification of the documentation that will be made available for the city's review which will verify the data produced by the monitoring equipment, and which will Hemp Acres July 7, 2020 Page 6 of 11 verify that processes and procedures are conducted consistent with the specifications in the facility's odor control study and plan. e. An approved schedule which states, in a time certain manner, the implementation and installation of the best available control technology, processes, procedures, operating methods, and monitoring instrumentation designed to mitigate or control odors at the facility inclusive of an approved completion date. f. An acknowledgment of the authority of the city and its agents to enter into the facility or its property in order to investigate complaints and to verify the facility's adherence to the compliance plan. The processing of hemp seeds does not generate significant odors so no odor compliance plan is required. Hemp seeds are described as having a slightly nutty scent. A Hazard Analysis Critical Control Point (HACCP) has been submitted with the application as well as a narrative of the manufacturing process. The cake that is produced will either sit in the facility in bulk bags or moved immediately into a dump truck that will be backed up to one of the loading docks. A full dump semi will be filled every few days, where it is then delivered to a feedlot. The loudest pieces of equipment are the pneumatic conveying system for the unloading of hemp seeds from trucks and trailers and conveying to storage bins/silos on the west side of the building. It uses electric motors with an estimated sound level of 85 decibels (dba) at 10 feet. The conveying material passing through the unit will increase the sound level to 90 dba. The National Institute for Occupational Safety and Health (NIOSH) has recommended that all worker Hemp Acres July 7, 2020 Page 7 of 11 exposures to noise should be controlled below a level equivalent to 85 dBA for eight hours to minimize occupational noise induced hearing loss. OSHA sets legal limits on noise exposure in the workplace. These limits are based on a worker's time weighted average over an 8 hour day. With noise, OSHA's permissible exposure limit (PEL) is 90 dBA for all workers for an 8 hour day. Lawn mowers, power tools, blenders and hair dryers have noise levels of approximately 90 dba. Sec. 20-308. - Screened outdoor storage. The following applies to screened outdoor storage: 1) All outdoor storage must be completely screened with 100 percent opaque fence or landscaped screen. While it may be impossible to fully screen a 35-feet tall storage silo, through the use of appropriate coloring, a creamy white/beige to match the building color, and additional landscaping, the appearance of the silos may be camouflaged and minimized. COMPATIBLITY The proposed use is a less intensive use of the site after the closure of the Gedney pickle factory in 2019 that formerly occupied the building. The balance of the building contains space for other office-industrial-warehouse uses, which are all compatible with the food processing operations. In the future, when the site is redeveloped, the existing pickle tanks shall be removed from the property. EROSION PREVENTION AND SEDIMENT CONTROL The proposed development will not exceed one (1) acre of disturbance and will, therefore, not be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). An Erosion and Sediment Control Plan (ESCP) in adherence with the City Code of Ordinances shall be submitted for the grading operations of the subdivision if more than 5,000 square feet of land is being disturbed. The applicant has not provided proposed grading plans or plans Hemp Acres July 7, 2020 Page 8 of 11 illustrating the total land disturbance for the installation of the six proposed silos. The applicant will be required to submit updated plans to the city for review and approval to ensure proper erosion control measures meeting City Ordinances are in place. LANDSCAPING Landscaping opportunities to provide landscaping around the exterior of the building as well as along the public right-of-way are limited or non-existent due to extensive hard cover. The applicant has proposed to add two landscape peninsulas at the front of the building. These are necessary additions but contain too many plantings for the space. Along the rear and east side of the building, four groupings of 2-3 tree lines provide minimal buffer and aesthetics. Staff recommends that the proposed trees on the north and east sides of the building be placed adjacent to the proposed site to provide foundation plantings and buffer to shield the silos. Additionally, one of the Autumn Blaze maples and the Amur maples from the front planting areas shall be added to the rear of the building and loading area. Staff recommends that a landscape buffer be planted along the north side of the building which includes Autumn Blaze maple, Siouxland poplar, Black Hills spruce and Amur maples. Landscaped islands compliant with City Code shall be provided in the proposed westerly parking area. The applicant shall work with city staff to finalize a planting plan. The front planting areas shall have wood mulch as a ground cover. PARKING AND LOADING The proposed use of the site requires the provision of parking facilities to accommodate the use. This specific user at full utilization requires 63 parking spaces (Office 14 = 2,805/200 + manufacturing 30 = 1/employee, warehouse 19 = 1/1,000 for first 10,000 sq. ft. and 1/ 2,000 thereafter). There are currently 89 parking spaces south of the building with a potential parking lot expansion to the west of the building. Should this area be converted to a parking area, the parking lot shall comply with city standards. PUBLIC FACILITIES While this review includes only the food processing portion of the building, any future intensification of the site usage shall require that the owner provide analysis of the public facilities available to the property. STREETS Access to the property is provided from Audubon Road and Stoughton Avenue, which connect to the arterial roads of Flying Cloud Drive (CSAH 61) and Audubon Road (CSAH 15). Audubon Road and Stoughton Avenue directly abutting the property are the City of Chaska’s right-of-way (ROW) and CSAH 61 and CSAH 15 are Carver County’s ROW. The city does not have ROW directly abutting the property; however, the approximately 1,325 foot portion of Stoughton Avenue (a collector street) which provides access from CSAH 61 to the property is a part of Chanhassen’s roadway network, illustrated in the image below. As the city has ROW that is part Hemp Acres July 7, 2020 Page 9 of 11 of the roadway network to service the property, and in accordance with Sec. 20-232(7), which states that the proposed location will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, a traffic analysis shall be performed if an intensification or increase in use or an expansion is ever requested for the site. The traffic analysis will be required to determine the volume of traffic the site will generate and shall be in accordance with the Institute of Transportation Engineers’ Trip Generation methodologies. If the site users cumulatively meet the standards for Carver County review of traffic, a Transportation Impact Analysis must be prepared. Any future intensification of the site usage shall investigate the use of the driveway access to Audubon Road, which is currently in place, but not connected to the traffic circulation system for the property. SEWER City sewer is provided by the City of Chaska. While staff believes that the proposed use is within the existing capacity provided by Chaska, the Metropolitan Council Environmental Services (MCES) sewer access charge (SAC) determination dated 04/01/20 states one additional SAC charge is due. The applicant shall contact the City of Chaska to verify the sewer usage. The sanitary sewer is setup as office/domestic use only. All former Gedney production waste was discharged into the lagoons down at the Minnesota River. Chaska has not received any information about any production waste entering the sanitary sewer. Any sanitary sewer changes proposed must be discussed with MCES and the City of Chaska. The property owner shall provide information to the City of Chaska as to how/where does the existing sewer system Hemp Acres July 7, 2020 Page 10 of 11 operate? What flows where? What’s the makeup for flow out of the building with pumping? What is the new demand? The City of Chaska has capacity concerns downstream. Additional sewer capacity may not be available to the property from the City of Chaska and may necessitate the use of an on-site subsurface sewer system. As noted previously, the City of Chanhassen has prepared a feasibility analysis of providing sewer to the parcel. However, the timing of such a utility extension is not determined. WATER The site has a private well providing water to the site. ELECTRIC The City of Chaska provides electric service to the parcel. RECOMMENDATION Staff recommends that the Planning Commission approve the Conditional Use Permit to allow Hemp Acres to process food products from hemp seeds and allow the construction of six 35-foot tall silos based on the plans prepared by Phillip D. Johnson, Architect, dated April 4, 2020, subject to the following conditions: Building: 1) A building permit will be required for unit improvements, silo installation, and unit remodeling. Engineering: 1) If an intensification or increase in use or an expansion is requested for the site, a traffic analysis will be required to determine the volume of traffic the new site will generate. 2) Any future intensification of the site usage shall investigate the use of the driveway access to Audubon Road. Natural Resources: 1) The applicant shall work with city staff to finalize a planting plan. 2) The applicant shall incorporate a landscape buffer along the north side of the building, which includes Autumn Blaze maple, Siouxland poplar, Black Hills spruce and Amur maples. 3) The front planting areas shall have wood mulch as a ground cover. 4) All proposed parking lot landscape islands and peninsulas shall comply with City Code. Hemp Acres July 7, 2020 Page 11 of 11 Planning: 1) When the site is redeveloped or the usage intensifies, the existing pickle tanks shall be removed from the property unless they are used as part of the building tenant operation. Water Resources: 1) Updated plans illustrating the total land disturbance activities associated with all site improvements shall be submitted for review and approval by the city. And adoption of the Findings of Fact and Recommendation. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Legal Description 3. Development Review Application 4. Narrative 5. Hazard Analysis Critical Control Point (HACCP) 6. Property Survey 7. Building Elevations 8. Tenant Plan 9. Tenant Detail Plans 10. Sewer Access Charge Determination dated 4/1/20 11. Parking Analysis 12. Carver County Review dated June 26, 2020 13. Public Hearing Notice and Mailing List g:\plan\2020 planning cases\20-09 hemp acres cup (old gedney building - 2100 stoughton)\staff report hemp acres cup.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Hemp Acres, LLC and Capstone Investors, LLC for a Conditional Use Permit to operate a food processing facility with outside storage of six 35-foot silos. On July 7, 2020,the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Hemp Acres, LLC and Capstone Investors, LLC for a Conditional Use Permit for the property located at 2100 Stoughton Avenue. The Planning Commission conducted a public hearing on the proposed conditional use preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Industrial Office Park, IOP. 2. The property is guided by the Land Use Plan for office industrial uses. 3. The legal description of the property is: See Exhibit A 4. Section 20-232: a. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed use will be consistent with the objectives of the city's Comprehensive Plan and the zoning ordinance. c. The proposed use will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed use will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 1 f. The proposed use will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. The proposed use will not involve uses, activities,processes, materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed use will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The proposed use will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. The proposed use will be aesthetically compatible with the area. k. The proposed use will not depreciate surrounding property values. 1. The proposed use will meet standards prescribed for certain uses as provided in Chapter 20,Article IV of the City Code. 5. The planning report#2020-09 dated July 7,2020,prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Conditional Use Permit subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 7th day of July, 2020. CHANHASSE PLANNING OMMISSION BY: eve Weick, Cha .n 2 MinneHemp is a hemp processor, making consumable food products from the hemp seed. The hemp seed is a small grain (about half the size of soybeans), comprised of a outer shell and an inner heart. The shell is high in fiber and the inner heart is high in protein and essential fatty acids. MinneHemp will erect 4000-6000 bushel, smooth-wall hopper bins to hold the grain as it awaits cleaning and processing. Farmers will have previously dried the hemp grain to 8%-9% moisture on their farm before delivering by the semi-load. Once delivered, MinneHemp will have a conveying system to unload the semi-truck into the grain bin, to be further cleaned and processed. Once in the bin, the grain is a stable, non-explosive product that will feed into the building for cleaning. The product will enter the building via flex-augers or drag-conveyors, feeding an air-screener, gravity table, and indent machine. The cleaned grain will fall back into a drag-conveyor and outside to a separate hopper bin for holding the cleaned grain. The clean grain hopper will feed back inside the building via drag-conveyor, dispensing grain at each station for further processing. Once the grain re-enters the building, it is deposited at different processing platforms. The first process will be a platform that squeezes the oil from the seed. This is process uses a enclosed screw-press that stays below 150F, ensuring that it is cold=pressed. The oil goes through filtering, refining, and bottling. The cake or hemp meal, is the by-product from the press. The cake is either augured outside to load a semi-truck, or goes on to further processing for protein powder and baking flour. The protein milling station will consist of grinding and sifting. This platform will have an enclosed dust system, exhausting to an outside dust collector. The dehulling platform will also have an enclosed dust system, exhausting to an outside dust collector. All platforms will be producing bulk quantities of finished product to be stored in bulk tote bags, drums, ibc totes, or semi dump trucks. Products: Cold Pressed Hemp Seeds Page 1 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Selected Sections of a HACCP Plan For Cold Pressed Hemp Seeds Reviewed by: ________________________ Plant Manger Date: _______________________ Products: Cold Pressed Hemp Seeds Page 2 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Table of Contents Company Overview ................................................................................................................................. 3 Product Description ................................................................................................................................. 4 Product Description ................................................................................................................................. 5 Flow Diagram .......................................................................................................................................... 6 Process Narrative .................................................................................................................................... 7 Ingredients and Packaging Material ..................................................................................................... 7 Receive Hemp Grain ............................................................................................................................ 7 Receive Packaging ............................................................................................................................... 7 Store Hemp Grain ................................................................................................................................ 7 Store Packaging ................................................................................................................................... 7 Clean Hemp Grain................................................................................................................................ 7 Auger Clean Grain from Outdoor Hopper to Indoor Hopper ................................................................. 7 KK40 Screw Pressing ............................................................................................................................ 8 Hemp Seed Oil ..................................................................................................................................... 8 Filtering/Pump .................................................................................................................................... 8 Filling (5-gallon pails, 55-gallon drum).................................................................................................. 8 Store, Ship ........................................................................................................................................... 8 Hemp Seed Cake.................................................................................................................................. 8 Milling ................................................................................................................................................. 9 Sifting .................................................................................................................................................. 9 Metal Detection .................................................................................................................................. 9 55-Gallon Drum ....................................................................................................................................... 9 Filling (20lb sacs) ................................................................................................................................. 9 Store, Ship ........................................................................................................................................... 9 Hazard Analysis ..................................................................................................................................... 10 Process Preventative Control ................................................................................................................. 15 Allergen Preventive Controls ................................................................................................................. 15 Ingredient Allergen Identification ...................................................................................................... 15 Production Line Allergen Assessment ................................................................................................ 16 Products: Cold Pressed Hemp Seeds Page 3 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Scheduling Implications: .................................................................................................................... 16 Allergen Cleaning Implications: (Required)......................................................................................... 16 Sanitation Preventive Controls .............................................................................................................. 16 Zoning and Related GMP Controls ..................................................................................................... 16 Cleaning and Sanitation ..................................................................................................................... 16 Microbiological Verification of Sanitation Practices ............................................................................ 17 Supply-chain-applied Preventive Controls Program ............................................................................... 17 Company Overview Hemp Acres is a small processing facility that makes a variety of consumable products from locally grown industrial hemp seeds and flower. The manufacturing process begins by cleaning the grain of any foreign seeds and debris to a level of 99.9% pure hemp seed. Once clean, the grain is then fed i nto a screw press, where the oil is extruded from the hemp seed. The grain being fed through the press exceeds 140℉, ensuring a kill step. After passing through the press, the oil separates from the seed, collected and passes through a filtration process. The hemp meal (cake) is milled and sifted to collect the protein powder. • Seed Cleaning (described in this plan) • Hemp Seed Oil (described in this plan) • Hemp Protein Powder (described in this plan) The hemp seed oil and protein powder are made 5 days a week in one 5-hour production shift, followed by 3 hours of sanitation. Dry cleaning is used in production area, with select pieces of equipment being cleaned in a three-compartment sink, or sanitized and washed down in place. Water is treated and tested per EPA requirements by the county. An integrated pest control program is also in place. Products: Cold Pressed Hemp Seeds Page 4 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Product Description Product Name Hemp Seed Oil Product Description, Including Important Food Safety Characteristics This product is a ready to eat oil, bottled in 12floz glass amber bottles, 1-gallon jugs, 5-gallon pals, or 55-gallon drums. During the filtering process diatomaceous earth and bleaching clays are added to filter and refined for a more stable product shelf life. Ingredients Hemp Seed Packaging Used Glass, 12floz individual retail package with label Plastic, food grade 1-gallon, 5-gallon pail, 55- gallon food grade drum. Intended Use Ready to eat oil, bulk blending oil, cosmetic oil Intended Consumers General consumption, topical applications Shelf Life 18 months Labeling Instructions None Storage and Distribution Ambient, not to exceed 90℉, Keep refrigerated upon opening Approved: Signature: Print Name: Date: Products: Cold Pressed Hemp Seeds Page 5 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Product Description Product Name Hemp Protein Powder Product Description, Including Important Food Safety Characteristics This product is ready to eat protein powder packed in 20lb sealed bags. The process involves milling the cake to a fine powder which then passes through a sifter, separating the protein from the fiber. The low water activity makes the product shelf stable. Water activity ≥0.65 Ingredients Hemp Seed Cake Packaging Used 20lb food safe bags Intended Use Ready-to-eat protein powder, protein bars, mix with smoothies etc. Intended Consumers General Consumption Shelf Life 10 Months Labeling Instructions None Storage and Distribution Ambient, not to exceed 90℉, keep in a cool dry place. Approved: Signature: Print name: Date: Products: Cold Pressed Hemp Seeds Page 6 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Flow Diagram Receive hemp grain Store grain in 4000 bu. Hopper bin Clean grain to 99.9% pure with air screener and gravity table, filling smaller hopper Hemp Seed Cake Cake falls in trough and augured into cake hopper Hemp Seed Oil Oil falls into trough and into 1st Mixing Tank Pump/Filter Auger clean grain from outside hopper to inside hopper KK40 grain screw press +140℉ 2nd Mixing Tank Clean oil tank Cake is augured up to mill Milling Sifting Metal detection 55-galllon food bucket Filling, 25lb-50lb sacs Store, ship Filling, 55-gallon drums Filling, 5-gallon pails Store, ship Gray area indicates primary pathogen control area Receive Packaging Store Packaging 1-micron filter CCP1 PCC 1 CCP2 PCC 2 Products: Cold Pressed Hemp Seeds Page 7 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Process Narrative Ingredients and Packaging Material Processing material is purchased from local farmers and delivered on site by farmer. Supplier that provide hemp grain have had their grain load sampled for microbial content by Minnesota Valley Testing Labs. Each delivery is administered a lot number to ensure traceability to the source of grain. Packaging material are purchased from an approved supplier that complies with internationally recognized food safety and quality systems. Receive Hemp Grain Hemp Grain – Received by the semi-load. Unloading of the hemp grain is transferred from the semi-truck via Hemp Acres grain vacuum, and blown into 4000bu. Hopper bin. A lot number is assigned with each delivery and a copy is given to both Hemp Acres and the deliverer. Receive Packaging Bags and bottles are delivered in bulk to the facility. Suppliers provide a certificate of conformance that packaging materials and inks meet food safety and regulatory requirements. Store Hemp Grain Ingredients are comprised only of raw hemp seed. Once processed the ingredients are stored in the facility (temperature kept below 70℉). All containers are sealed to avoid cross-contact and cross- contamination during storage. Store Packaging Buckets, bottles, and sacs are stored in a dry dedicated space within the facility. Packaging is used First- In-First-Out. Clean Hemp Grain Grain is augured form 4000 bu. Hopper bin to air screener. The grain falls onto two screens with specific slotted holes to size the grain and remove foreign seeds. Air is applied to both the top screen and bottom screen to blow off debris. The grain falls out the clean shoot and into a 13’ elevator leg. The elevator lifts the grain, unloading into the gravity table. The gravity table uses more air and screening to remove any seeds that aren’t hemp and remove immature/undesirable seeds. The clean shoot from the gravity table is now 99.9% pure hemp seed (an acceptable level to process) and is dispensed into a 22’ elevator leg. This leg unloads the cleaned grain into a 3.5-ton bulk hopper tank, which holds clean grain ready to be processed. Auger Clean Grain from Outdoor Hopper to Indoor Hopper Grain is augured from outside hopper to indoor hopper. The indoor hopper gravity feeds the presses, removing the oil from the seed. Products: Cold Pressed Hemp Seeds Page 8 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES KK40 Screw Pressing Heat sleeves are applied to the screw press to raise the temperature of the barrels to 200℉. This warms the barrels allowing for the seed to begin crushing. The press is adjusted accordingly to allow for the maximum amount of oil to be squeezed from the seed. The press heads stay a constant temperature above 140℉ and under intense pressure, ensuring a kill step at this point. Once the press is set, it runs untouched until 300L oil tank is full. Hemp Seed Oil There are two troughs that separate the oil from the cake. The oil collects and flows from the trough into a 300L stainless steel tank. A substantial amount of sediment from the press falls into the tank as well, which is a crucial part of the filtering process. Filtering/Pump Once the desired amount of oil is collected in the dirty oil tank, the press is shut down so filtering can commence. A ratio mixture of Diatomaceous Earth (DE) is added to the oil and a stirrer is turned on to agitate the sediment and DE together. Once a desired mixture is achieved, the oil is pumped through a screening plate filter under pressure. This process circulates the oil through the filter, back into the dirty oil tank. After about 1 hour of running, the DE and sediment have filtered the oil ≤ 1 micron, and the oil is pumped into the 2nd mixing tank. Now the sediment is removed from the filter frames and cleaned. The oil will go through one more step to remove the chlorophyll and any heavy metals which will ensure stability of the oil. With the stirrer activated, Bleaching Clays (BE) and DE are added back into the dirty oil tank. Once the desired mixture is set, the pump is turned on, moving the oil back through the filter for about 1 hour (or until desired levels of purity are met). Once the oil meets our set standards, a bypass valve is opened, passing through a 1-micron filter, filling a 300L stainless steel tank, or 55-gallon drum, with clean oil. Filling (5-gallon pails, 55-gallon drum) The identity of the 5-gallon pail or 55-gallon drum is confirmed for each batch placed on the line to ensure that it is the correct material and proper SKU #. 5-gallon buckets are filled directly by hand from the 300L clean oil tank. 55-gallon drums are filled directly from a filling hose off the 1-micron filter. Once filled they are moved down the line to be capped, sealed, and labeled for completion. Store, Ship Jugs, pails, and drums are stored in a designated area in the facility or shipped out immediately upon customers’ requests. Hemp Seed Cake The cake is extruded hot off the press and falls into a designated “cake trough”. In this trough is a slow- moving stainless-steel auger which conveys the cake into a designated “cake hopper”, cooling it along the way. Once to the end of the trough, the cake falls into the hopper and awaits milling. Products: Cold Pressed Hemp Seeds Page 9 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Milling Connected to the cake hopper is a stainless-steel flighting auger. Once this flighting auger is initiated, the caked travels up to 13’, unloading into a grinder. This grinder spins at high rpm’s, pulverizing the cake into a fine powder and passes through a screen. Sifting In one fluid motion, the pulverized cake falls from the grinder, through food grade tubing, and onto a sifting screener. The sifter is aggressively vibrating, allowing for finer particles (protein) to fall through, while leaving the larger particles (fiber) on top of the screen. The two particles exit the screen through spouts and fall through more food grade tubing. Critical control point to ensure no metal can pass through a .35mm screen. Metal Detection As the protein exits the sifter, it falls through a food grade tube which passes through a calibrated metal detector. This ensures no metal is ending up in the sifted protein. 55-Gallon Drum As the protein falls through the metal detector, we fill 55-gallon drums at a time to ensure no metal shavings are in the final protein sacs. Filling (20lb sacs) When the 55-gallon drum is close to being full, it is transferred out with a new drum. We then scoop from the 55-gallon bucket into 20lb food grade bags for wholesale. Sacs are sealed, dated, labeled, and ready for shipment. Store, Ship Sacs are stored in a designated area within the facility or shipped out immediately upon customers’ requests. Products: Cold Pressed Hemp Seeds Page 10 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Hazard Analysis Hazard identification (column 2) considers those that may be present in the food because the hazard occurs naturally, the hazard may be unintentionally introduced, or the hazard may be intentionally introduced for economic gain. B= Biological hazards including bacteria, viruses, parasites, and environmental pathogens. C= Chemical hazards, including radiological hazards, food allergens, substances such as pesticides and drug residues, natural toxins, decomposition, and unapproved food or color additives. P= Physical hazards include potentially harmful extraneous matter that may cause choking, injury or other adverse health effects. (1) Ingredient or Processing Step (2) Identify potential food safety hazards introduced, controlled or enhanced at this step (3) Are any potential food safety hazards requiring a preventive control? (4) Justify your decision for column 3 (5) What preventive control measures can be applied to significantly minimize or prevent the food safety hazards? Process including CCP’s Allergen, Sanitation, Supply-chain, other preventive control (6) Is the preventive control applied in this step? Yes No Yes No Receive Packaging: 12floz glass bottles,5-gal pails, 55-gal drum, 20lb sacs B None C None P None Store Packaging B None C None P None Receive Hemp Grain B None X Grain is automated vacuum system. All shipments of grain undergo 3rd party analysis prior to delivery to ensure grain X Products: Cold Pressed Hemp Seeds Page 11 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES meets certain standards. C Gluten X Grain undergoes Gluten testing before delivery 3rd party analysis. X P Foreign debris, metal, wood X Grain passes through multiple cleaning machines and magnets to ensure no foreign debris enters the facility Air Screener, Gravity Table, Magnets before entering press. X Store Hemp Grain B None X Grain is between 8%- 9% moisture The grain will ultimately enter the press which exceed 140℉, acting as a kill step X C None P None Clean Hemp Grain B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation Control – Zoning, maintain dry environment, Cleaning equipment before operating and after shut down. X C None P Metal, wood, foreign debris X Contamination possible if delivery of grain has foreign debris. Applying air, screens of multiple sizes and magnetics ensure nothing but hemp enters the indoor hopper X Continued Products: Cold Pressed Hemp Seeds Page 12 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Auger Clean Grain from Outdoor Hopper to Indoor Hopper B None X Cracking of seeds in auger, causes free fatty acids Monthly cleaning of the auger is preformed X C None P None KK40 Screw Press B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment X C None P None Hemp Seed Oil B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Filtering/Pump B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C Minerals from DE and BE X Diatomaceous Earth and Bleaching clays are Bleaching clay remove chlorophyll which provides stability X Products: Cold Pressed Hemp Seeds Page 13 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES natural occurring food safe minerals used as filter aid. P None Filling (5-gallon, 55- gallon drums) B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Store, Ship B None C None P None Hemp Seed Cake B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Continued Products: Cold Pressed Hemp Seeds Page 14 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Milling Yes No Yes No B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P Metal X Poorly maintained or ware on mill could generate metal fragments passing through the screen. Subsequent Metal Detection X Sifting B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Metal Detection B None C None P Metal Inclusion X Metal may be present from previous operation Process control – metal detector X 55-gallon Drum B None X Contamination possible if environment and employee practices not Sanitation control – Zoning, maintaining dry environment. Cleaning before X Products: Cold Pressed Hemp Seeds Page 15 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES managed at appropriate hygiene level. and after each batch. C None P None Filling 20-lb Sacs B None X Contamination possible if environment and employee practices not managed at appropriate hygiene level. Sanitation control – Zoning, maintaining dry environment. Cleaning before and after each batch. X C None P None Store, Ship B None C None P None Process Preventative Control Allergen Preventive Controls Ingredient Allergen Identification Raw Material Name Supplier Allergens in Ingredient Formulation Allergens in Precautionary Labeling Egg Milk Soy Wheat Tree Nut Peanut Shellfish Process Control Hazards Critical Limits Monitoring Corrective Action Verification Record What How Frequency Who Metal Detectio n Metal Inclusio n Alarm/L ight Fall through Constant Plant Mana ger Rerun Signature per batch Per Batch Filtering Sedimen t Inclusio n % of DE & BE Mix Incorporat e measured amounts into dirty oil tank Per Batch Plant Mana ger Sample testing Signature per batch Per Batch Products: Cold Pressed Hemp Seeds Page 16 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES Hemp Grain Local Organic Famers None Production Line Allergen Assessment Product Name Production Line Intentional Allergens Egg Milk Soy Wheat Tree Nut Peanut Fish Shellfish Hemp Grain 1 Scheduling Implications: Hemp grain is hypoallergenic; therefore, no risk is currently present in the processing of hemp grain. Allergen Cleaning Implications: (Required) Allergen cleaning is unnecessary due to the fact we only deal with the hemp grain which is hypoallergenic. Sanitation Preventive Controls Zoning and Related GMP Controls The processing areas are maintained at a higher hygiene level than receiving, storage, and shipping area, as specified in SOP 15-123 – High Hygiene Sanitation Procedures. As specified in SOP 15-456 – Employee Hygiene in High Hygiene Areas, employees must put on smocks that do not have pockets, change into factory shows, put on protective equipment (hair net, beard net), and wash their hands before entering processing and production area. Filling area is maintained at the same hygiene level as the processing area (See SOP 15-789 – Filling Procedures). Equipment and utensils that are cleaned out-of-place are cleaned and sanitized in a wash area adjacent to the processing area. Clean equipment is dried and stored on tables and racks in an area adjacent to the processing area. Cleaning a sanitation equipment has a dedicated location to store sanitation and cleaning equipment. Cleaning and Sanitation The facility, including loading areas are dry cleaned. Processing area, and storage area are maintained dry during production. Lines and equipment are wet cleaned and sanitized before each new batch of processing begins. Equipment is completely dried prior to production. See these Standard Operating Procedures for details. • SOP 16-454 – Dry Cleaning Products: Cold Pressed Hemp Seeds Page 17 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES • SOP 16-455 – Controlled Wet Cleaning Microbiological Verification of Sanitation Practices A Salmonella environmental monitoring program is in place to verify that controls are sufficient to prevent the presence and harborage of Salmonella in the environment and equipment. This program includes an evaluation of Enterobacteriaceae levels as an additional verification that conditions do not exist that could lead to the presence and harborage of Salmonella. Enterobacteriaceae environmental monitoring occurs weekly and Salmonella monitoring occurs monthly. Additional environmental monitoring is conducted in the event of special circumstances, including equipment maintenance in processing area. Leaks that could occurring in the oil processing that could introduce free fatty acids to oils and proteins. See: • SOP 15-282: Environmental Monitoring Verification Procedures • SOP 15-283: Environmental Monitoring for Special Circumstances Supply-chain-applied Preventive Controls Program We work directly with farmers to provide us with hemp grain that meets certain specifications. Prior to delivery, farmers are required to third party analysis their grain for microbiological content of the grain. Raw Material or Ingredient Hemp Grain Approved Supplier Approval Date Hazards APC, Mold, Yeast, E. Coli, Salmonella, Mycotoxins, Gluten, Peroxide, Free Fatty Acids Preventive Controls Applied by the Supplier Proper harvest and storage of grain Type of Supplier Verification 3rd party analysis of homogenized sample taken from grain bin Verification Procedure A copy of a 3rd party analysis. Copy of field location of where grain was grown, how it was harvested, and stored. Records • Incoming goods log • 3rd party COA of grain • Bill of Lading verifying each shipment of grain • Lot numbers assigned to each incoming delivery of grain. • Corrective action records. • 2-year record keeping Products: Cold Pressed Hemp Seeds Page 18 of 18 Plant Name: Hemp Acres LLC ISSUE DATE 04/15/19 Address: 8420 County Road 10 E Waconia, MN 55387 SUPERSEDES DS DSDS SOUTH ELEVATION WEST ELEVATION EAST ELEVATION STOUGHTON AVENUE AUDUBON ROAD NORTH ELEVATION CHASKA BOULEVARD RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 A5 BUILDINGSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MNELEVATIONS9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONJUNE 5, 2020JUNE 5, 2020 ELEVATIONStenant proposal for:HEMP ACRESBUILDING ELEVATIONS 1/16” = 1’-0” BELOW SLAB SANITARY WASTE BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP SANITARY WASTE CONNECTED TO EXISTING SANITARY BELOW PARKING AREA BELOW SLAB FUTURE FLAMMABLE WASTE TRAP NORTHTRUE NORTHTWO STORY OFFICE WD FR. 24’ ROOF BOILER RM 3 2 1 office t t break rm m open dock w/ roof canopy ramp5 PP PP 4 1 1.4 2 2.5 3 4 5 6 9 10 11 12 40’-2”40’-2”40’-0”16’-0”15’-1”14’-11 14’-6”10’-3” RECEIVINGWAREHOUSE 17’-4” conc plank clg 2’-0”12’-2” SHIPPING WAREHOUSE STORAGE 1’-0”1’-0”1’-0” 13’-0” 25’-0”25’-0”25’-0”25’-0”25’-0”25’-0”8-4x10-9roll-up8-4x10-9roll-up18’-3”15’-0”22’-0”7-11 x 8-69’-1”15’-11” 25’-0” 1’-10” 25’-0” 16’-11” 30’-0”29’-0” 25’-0”20’-0”25’-0”8” 25’-0”19’-11” 7 8 13 14 8”20’-1”18’-4”18’-7”18’-4”8-0x8-0 O.H.DR. 201’-10” 329’-4”8-0x8-2M.O.8-0x8-0O.H.DR.25’-0” 100’-6” 25’-0”25’-0”25’-0” ”30’-0”30’-0”30’-0”30’-0”8’-1” 26’-6”152’-0”8-0x8-0 O.H.DR.DNUP14’-5”12’-1”5R 13R 8-0x8-0 O.H.DR. 20’-4”19’-3”20’-0” 101’-8” RIVER VALLEY BUSINESS CENTER CHANHASSEN, MN 20'0'20'60'40'80'100' 8-0x8-0 K.O. PANEL SLOPED ROOF 12’ - 17’11’-0”28’-8” 9’-10”EXPANSION POINT4” METAL FRAMED WALLS TO ROOF DECK W/ 5/8” GYP BD EACH SIDE SEED CLEANING 30’-2”TENANT PLAN 270’-0”59’-8”29’-6”28’-10”123’-9”22’-0”OIL CRUSHING PROCESS PROTEIN MILLING SERVICE SINK TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN TO SANITARY WASTE BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP 8”FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN 10’-0”10’-0”42’-0”57’-0”57’-0”42’-0” TRENCH DRAIN TO SANITARY WASTE BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP TRENCH BOT.SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN8”P1 P1 P2 P1 P13-0 x 7-0MET DRMET FR6-0 x 7-0 PRMET DRMET FR3-0 x 7-0MET DRMET FR55’ X 18’ X 6” REINFORCED CONC SLAB 5’ X 10’ X 4” REINFORCED CONC SLAB 4’-0”9’-0”5’-0”8’-0”8’-0”18’-0”18’-0”6’-0”OUTDOOR BULK STORAGE TANKS BY TENANT, 6- 16’ DIA X 35’ ABOVE GRADE ON CONC SLAB.3-0 x 7-0INSUL. MET DRMET FR40’-0”40’-0”10’-0”10’-0”10’-0”10’-0”1:7 SLOPE RAMP TO GRADE152’-0”8-0x16-0O.H.DR.6 A3 2 A4 RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 TENANT PLANtenant proposal for:HEMP ACRESSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MN9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONAPRIL 4, 2020TENANT PLAN MAY 8, 2020 2 A3 2 A3PROJECT OPEN DOCK WITH ROOF CANOPY PROPOSED FOR DEMOLITION OPEN DOCK WITH ROOF CANOPY PROPOSED FOR DEMOLITION 4’-0”9’-0”5’-0”8’-0”8’-0”18’-0”18’-0” EQUIPMENT PLATFORM ABOVE EQUIPMENT PLATFORM ABOVE EQUIPMENT PLATFORM ABOVEEQUIPMENT PLATFORM ABOVEPROCESSING 20,000 SQ FT WAREHOUSE 27,355 SQ FT OFFICE 2,805 SQ FT 50,160 SQ FT MILLING PROCESS HEMP MILKING PROCESS DEHULING PROCESS 15’-0”9’-4”9’-7”32’-3”4’-11” MECH 21’-1”11’-6”8’-10”55’-0” 5’-3” 60’-1” OFFOFF 96” SS. HAND WASH SINK REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENTDF DS ELECTRICAL TRANSFORMERS CONC STOOP DS 100’-0” 96’-0” 1:20 SLOPE 1:20 SLOPE 4’-4”4’-4”5’-0” 7 R @ 7” 6T @ 12” DS 98’-3”8’-8”HANDRAIL 3’-2”1’-4”7’-0” 5”7”6”6”6” 5’-0”8’-6”8’-0”8’-0” 44’-6” 29’-6” 18" VERT GRAB BAR 42" GRAB BAR 1'-0" 3'-4" 6’-5” VERIFY 36" TO TOPOF BAR18"4"SIDE WALL T.P. DISP. OPEN TOILET PARTITION TO MATCH EXISTING. 5" WOMENS ROOM H.C. COMPARTMENT ELEV 1/4" = 1'-0" 4’-6” EXISTING WALL FINISH TO REMAIN. TOUCH UP AS NECESSARY FIXTURE WALL 36" GRAB BAR 6" 1’-6” VERIFY EXISTING TOILET PARTITION TO REMAIN. REMOVE TOILET PARTITION. 5’-0” VERIFY SIDE WALL TOILET PARTITIONS AND DOOR TO MATCH EXISTING. EXISTING PARTITION AND SUPPORTS 1’-10” 7 A3 4’-6” FIXTURE WALL 1’-6” VERIFY EXISTING TOILET PARTITION TO REMAIN. REMOVE TOILET PARTITION. NEW TOILET PARTITION PANELS AND DOOR TO MATCH EXISTING. 7 A3 18" VERT GRAB BAR 42" GRAB BAR 1'-0" 3'-4" MENS ROOM H.C. COMPARTMENT ELEV 1/4" = 1'-0" 4’-6” EXISTING WALL FINISH TO REMAIN. TOUCH UP AS NECESSARY FIXTURE WALL 5’-3” VERIFY 36" GRAB BAR 6"36" TO TOPOF BAR18"4"SIDE WALL 1’-6” VERIFY EXISTING TOILET PARTITION TO REMAIN. REMOVE TOILET PARTITION. T.P. DISP. OPEN 5"5’-0” VERIFYSIDE WALL TOILET PARTITIONS AND DOOR TO MATCH EXISTING. EXISTING PARTITION AND SUPPORTS 1’-10” 8 A3 15’-0”9’-7”9’-7”32’-3”4’-11” MECH 21’-1”11’-6”8’-10”55’-0” 5’-3” 60’-1” OFFOFF REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENTDF ELECTRICAL TRANSFORMERS STEEL FRAMED STOOP W/ STEEL DECK DS DSDS 8-0x10-0O.H.DR.100’-0”96’-3” 1:20 SLOPE 1:20 SLOPE 44’-6” 29’-6”4’-4”4’-4”5’-0” 6 R @ 7 1/2” 5T @ 12” 98’-3”8’-8”HANDRAIL 3’-2”1’-4”8’-0”5’-0”8’-6”8’-0” INSTALL ACESSIBLE DRINKING FOUNTAIN 15’-0”22’-0”8-4x10-9roll-up8-0x8-0 O.H.DR. 9’-7”9’-7”32’-3”4’-11” MECH 21’-1”11’-6”8’-10”55’-0” 5’-3” 60’-1” BREAK ROOMOFF DF DS DS 8-0x8-0 O.H.DR. 8-0x8-0 O.H.DR. M. W.8-4x10-9roll-upEXISTING SE CORNER 1/16” = 1’-0” 12 13 1491011 4B 4A SE CORNER, OFFICE AND RESTROOM AREA 1/8” = 1’-0” 8” 25’-0”25’-0”25’-0”19’-11”25’-0”BUILDING STRUCTURAL BAY DIMENSIONS REMOVE ENTRANCE DOOR AND TRANSOM GLASS & FRAME ABOVE. BUILD CMU WALL TO 5” BELOW FLOOR AT EXT. WALL OPENING. FILL STAIR WITH CLASS V MATERIAL, COMPACT AND FINISH W/ 4” CONC FLOOR TO MATCH ELEVATION OF EXISTING BUILDING FLOOR. RESET ALUM. FRAME DOOR AT NEW FLOOR ELEVATION. STEEL FABRICATED H.C. ACCESS 4” CONC FILLED BOLLARDS-(3) 3’ INTO GROUND 4’ ABOVE GROUND 4” CONC FILLED BOLLARDS (3) ACCESSIBLE PARKING SIGN 100’-0”3’-2”4’-4”4’-4”3’-0”5’-6”2’-0”5’-8”EXISTING TRANSOM WINDOW HEAD EXISTING VESTIULE STAIRS REMOVE DOOR AT GRADE AND TRANSOM GLASS & FRAME ABOVE. BUILD CMU WALL TO 5” BELOW FLOOR. FILL STAIR WITH CLASS V MATERIAL, COMPACT AND FINISH W/ 4” CONC FLOOR TO MARCH ELEVATION OF EXISTING. RESET ALUM. FRAME DOOR AT NEW FLOOR ELEVATION. FRAME FOR TRANSOM TO EXISTING OPENING. 7’-6”4’-4” SECTION THRU ACCESSIBLE ENTRANCE 1/4” = 1’-0” SECTION THRU ENTRANCE STOOP 1/4” = 1’-0” DS DSDS SE CORNER, OFFICE ACCESSIBLE ENTRANCE 1/8” = 1’-0” NEW CONSTRUCTION 32’-3”4’-11” MECH 11’-6”8’-10”5’-3” OFFICE REMOVE CIRCULAR HAND SINK. INSTALL 7’-6” COUNTERTOP WITH THREE LAVATORIES. REMOVE ONE WATER CLOSET. REMOVE ONE DIVIDER PARTITION AND 2 DOORS. INSTALL GRAB BARS AND COMPARTMENT WALLS AND DOOR AS SHOWN. VERIFY WATER CLOSET LOCATION.6’-10”REMOVE ONE WATER CLOSET. REMOVE ONE DIVIDER PARTITION AND 2 DOORS. INSTALL GRAB BARS AND COMPARTMENT WALLS AND DOOR AS SHOWN. VERIFY WATER CLOSET LOCATION. MENS AND WOMENS RESTROMS ACCESSIBLE TOILET COMPARTMENTS 1/4” = 1’-0” C OF STOOP & DOORL 9’-6” REMOVE EXISTING CIRC SINK. INSTALL C’TOP W/ LAVS. WOMENS MENS EXISTING CMU WALL EXISTING WAREHOUSE CMU WALL BEYOND RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 A3TENANT PLANtenant proposal for:HEMP ACRESSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MNDETAIL PLANS9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONJUNE 5, 20202 A3 3 A3 5 A3 4 A3 6 A3 4 A3 4 A3 1 A3 5 A3 6 A3 7 A3 6 A3 JUNE 5, 2020 HANDRAIL EXISTING WINDOW AC UNIT 96’-5” CONC. SHELF CAST TO SUPPORT STEEL BEAMS BITUMINUOUS OVERLAY BUILT UP TO ELEVATIONS SHOWN. TAPER BIT. TO EXISTING PAVEMENT STEEL BEAMS ON STEEL POSTS ELECTRICAL TRANSFORMERS BITUMINUOUS OVERLAY BUILT UP TO ELEVATIONS SHOWN CONC. CAST TO SUPPORT STEEL BEAMS 6” 8’-0”8”8’-0” 96’-3” VERIFY 96’-0”19’-0”4” WIRE MESH RAIL INFILL SEE RAIL AT EAST BUILDING ENTRANCE, MATCH METAL DECK ON “C” JOISTS AND STEEL FRAMING NOTE: FINAL DESIGN BY STEEL FABRICATOR ST. CHANNEL ANCHORED INTO CMU & CONC. FLR. EDGE METAL DECK ON STEEL FRAMING CONC. SHELF CAST TO SUPPORT STEEL BEAMS BITUMINOUS BEYOND 2” BLDG WALL METAL DECK ON STEEL FRAMING METAL DECK ON STEEL FRAMING STEEL BOLLARDS BEYOND EAST BLDG ENTRANCE 5’-0”35’-10” YELLOW PAINT STRIPING AND ACCESSIBLE SYMBOL NOTE: FINAL DESIGN BY STEEL FABRICATOR 5 A3 4 A3 20’-0”8-0x16-0O.H.DR.1 2 1’-0” 1.4 2.5 3 1’-0”30’-0”29’-0” 4” METAL FRAMED WALLS TO ROOF DECK W/ CORRUGATED STEEL FINISH EACH SIDE SEED CLEANING 30’-2”3-0 x 7-0MET DRMET FR6-0 x 7-0 PRMET DRMET FR3-0 x 7-0MET DRMET FR5’ X 10’ X 4” REINFORCED CONC SLAB. TENANT TO PROVIDE THICKNESS AND REINFORCING SPEC.FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”10’-0”10’-0”10’-0”8”8”55’ X 18’ X 6” REINFORCED CONC SLAB. TENANT TO PROVIDE THICKNESS AND REINFORCING SPECIFICATION 4’-8”4’-8”25’-0” 4 EXISTING CMU EXTERIOR WALLS EXISTING CIP CONC COLUMNS EXISTING CMU EXTERIOR WALLS OPENINGS SIZED AND LOCATED IN EXTERIOR WALLS FOR TENANT PRODUCTION BY TENANT 3’-4”3’-4”5’-4”19’-0”10’-0”9’-8”3’-0”8’-8”17’-4”26’-8”3’-4” 4E 4F NW CORNER, SEED CLEANING ROOM 1/8” = 1’-0” EXISTING NW CORNER 1/16” = 1’-0” 1 21.4 2.5 3 4 4E 4F 1’-0”1’-0”30’-0”29’-0”30’-2”20’-0”25’-0” EXISTING CMU EXTERIOR WALLS EXISTING CIP CONC COLUMNS EXISTING CMU EXTERIOR WALLS 8-0x16-0O.H.DR.EXISTING CIP CONC COLUMNS 4G 20’-0”CONCRETE FLOOR ON EXISTING CONC. WITH SLOPE TO NEW TRENCH DRAINS. DR. HDWR. 1 1/2 BUTTS CLOSER LEVER LATCHET DR. HDWR. 1 1/2 BUTTS CLOSER LEVER LATCHET DR. HDWR. 1 1/2 BUTTS EACH DR CLOSER EACH DR DEADBOLT AT TOP COORDINATOR LEVER LATCHET21’-0””PROPOSED BINS BY TENANT RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 A4TENANT PLANtenant proposal for:HEMP ACRESSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MN9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONJNE 5, 20202 A4 1 A4 JUNE 5, 2020 DETAIL PLANS AIR HANDLING COMPRESSORS ETC MCES USE: Letter Reference: 200401A6 Address ID: 734526 Payment ID: 432359 ___________________________________________________________________________________________________________________ Date of Determination: 04/01/20 Determination Expiration: 04/01/22 Greetings! Please see the determination below. Project Name: Hemp Acres Project Address: 2100 Stoughton Avenue Suite #/Campus: 100 / River Valley Industrial Center City Name: Chanhassen Applicant: Phillip Johnson, Cornerstone Investors Special Notes: None Charge Calculation: Warehouse: 49,127 sq. ft. @ 6950 sq. ft. / SAC = 7.07 Process Discharge: 250 gallons / day @ 274 gallons / SAC = 0.91 Total Charge: 7.98 Credit Calculation: Warehouse (Grandparent 1958): 49,127 sq. ft. @ 6950 sq. ft. / SAC = 7.07 Total Credit: 7.07 Net SAC: 0.91 = 1 SAC Due The business information was provided to MCES by the applicant at this time. It is the City’s responsibility to substantiate the business use and size at the time of the final inspection. If there is a change in use or size, a redetermination will need to be made. If you have any questions email me at: toni.janzig@metc.state.mn.us. Thank you, Toni Janzig SAC Technician Please visit our SAC website by going to: http://www.metrocouncil.org/SACprogram NORTHTRUE NORTH1 1.4 2 2.5 3 4 5 6 9 10 11 12 40’-2”40’-2”40’-0”1’-0”1’-0”1’-0” 13’-0”16’-0”15’-1”14’-11 25’-0”25’-0” 17’-4” conc plank clg 25’-0”25’-0”25’-0”25’-0”8-4x10-9roll-up8-4x10-9roll-up18’-3”15’-0”22’-0”7-11 x 8-69’-1”15’-11” 25’-0” 1’-10” 14’-6”10’-3” 25’-0” 16’-11” 30’-0”29’-0” 25’-0”20’-0”25’-0”8” 25’-0”19’-11” 7 8 13 14 8”20’-1”18’-4”18’-7”18’-4”8-0x8-0 O.H.DR. 201’-10”127’-6” 329’-4”8-0x8-2M.O.8-0x8-0O.H.DR.25’-0” 100’-6” 25’-0”25’-0”25’-0” ”30’-0”30’-0”30’-0”30’-0”OPEN DOCK WITH ROOF CANOPY 101’-10”2’-0”12’-2” 8’-1” 9’-7”9’-7”32’-3”4’-11” MECH 21’-1”11’-6”8’-10”26’-6” 8-0x8-0 O.H.DR.DNUP14’-5”12’-1”5R 13R 8-0x8-0 O.H.DR. 20’-4”19’-3”20’-0” 101’-8” RIVER VALLEY BUSINESS CENTER CHANHASSEN, MN 20'0'20'60'40'80'100' TWO STORY OFFICE WD FR. 24’ ROOF BOILER RM 3 2 1 office t t break rm m open dock w/ roof canopy ramp5 PP PP 4 55’-0” 5’-3” 8-0x8-0 K.O. PANEL 60’-1” SLOPED ROOF 12’ - 17’11’-0”28’-8” 9’-10”EXPANSION POINT4” METAL FRAMED WALLS TO ROOF DECK W/ CORRUGATED METAL EACH SIDE SEED CLEANING BELOW SLAB SANITARY WASTE OUTDOOR BULK STORAGE TANKS, 3- 16’ DIA X 35’ ABOVE GRADE ON 56’ X 20’ CONC SLAB.30’-2”10’-0”10’-0”42’-0”57’-0”57’-0”42’-0”RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNTENANT PLAN MARCH 31, 2020 1TENANT PLANtenant proposal for:HEMP ACRESSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MN270’-0”59’-8”29’-6”28’-10”123’-9”22’-0”OIL CRUSHING PROCESS PROTEIN MILLING PROCESS STORAGE WAREHOUSE RECEIVING SHIPPING OFFOFF WAREHOUSE P1 P1 P2 P1 P1 FOR PLUMBING AND CONCRETE REFERENCE NOTES: PLUMBING NEW FIXTURES 2 - 230’ TRENCH DRAIN P1 - 3 - STAINLESS STEEL HAND SINK P2 - STAINLESS STEEL 3 COMPARTMENT SINK 96” SS. HAND WASHING SINK DRINKING FOUNTAIN - HI-LO ACCESSIBLE MENS - REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENT WOMENS - REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENT SUMP PUMP SERVICE SINK EXISTING FIXTURES MENS - 3 WATER CLOSET 2 URINAL 36” RADIUS GANG LAV WOMENS-5 WATER CLOSET 4 LAVATORY COMMON SPACE-8’ SS LAV. TROUGH - DRINKING FOUNTAIN 96” SS. HAND WASH SINK REBUILD 2 WC COMPARTMENTS INTO 1 H.C. ACCESSIBLE COMPARTMENTDF SERVICE SINK ELECTRICAL TRANSFORMERS COVERED PLATFORM DS DS 100’-0” 96’-0”FROST FOOTING1:20 SLOPE 1:20 SLOPE 47’-6” 32’-6”4’-6”4’-6”5’-0” 7 R @ 7” 6T @ 12” DS 98’-3”10’-0”HANDRAIL 53' TRAILER RAISE DOCK DOOR TO FULL HEIGHT. INFILL DOOR OPENING WITH MATERIAL TO MATCH ADJACENT WALL PROPOSED: MENS - 2 W.C. (1 ACCESSIBLE) 2 URINAL 36” RADIUS GANG LAV WOMENS-4 W.C. (1 ACCESSIBLE) 4 LAVATORY COMMON SPACE-8’ SS LAV. TROUGH - DRINKING FOUNTAIN 53' TRAILER FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”8”TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN 10’-0”10’-0”PROCESSING 20,000 SQ FT WAREHOUSE 27,355 SQ FT OFFICE 2,805 SQ FT 50,160 SQ FT FLR SLAB SLOPE 1/8” / 1’-0”FLR SLAB SLOPE 1/8” / 1’-0”8”TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH BOT.SLOPE 1/8” / 1’-0” TRENCH DRAIN6’-0”8’-0”5’-0”8’-0”8’-0”18’-0”18’-0” 36” ABOVE GRADE BUMPER POSTS 6’-0” O.C.2’-8”1’-4”ACCESSIBLE CURB 5’-0”8’-6”8’-0”8’-0” 9’-10” BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP SANITARY WASTE CONNECTED TO EXISTING SANITARY BELOW PARKING AREA8-0x8-2M.O.TRENCH DRAIN TO SANITARY WASTE TRENCH DRAIN TO SANITARY WASTE BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP BELOW SLAB TO FUTURE FLAMMABLE WASTE TRAP BELOW SLAB FUTURE FLAMMABLE WASTE TRAP EQUIPMENT PLATFORM ABOVE EQUIPMENT PLATFORM ABOVE 1’-0”16’-0”15’-1”14’-11 17’-4” conc plank clg 8-4x10-9roll-up8-4x10-9roll-up18’-3”15’-0”7-11 x 8-69’-1”15’-11”14’-6”10’-3”16’-11”25’-0”19’-11” 8-0x8-0 O.H.DR. 101’-10”2’-0”12’-2” 8’-1” 26’-6” 8-0x8-0 O.H.DR. 8-0x8-0 K.O. PANEL BELOW SLAB PIPE TO NEW FLAMMABLE WASTE TRAP REBUILD 2 WC COMPARTMENTS INTO 1 H.C.ACCESSIBLE COMPARTMENTDFSS HAND SINK SERVICE SINK RECEIVINGWAREHOUSE SHIPPING STORAGEWAREHOUSE SEED CLEANING OIL CRUSHING PROCESS PROTEIN MILLING PROCESS YELLOW PAINT STRIPINGAND ACCESSIBLE SYMBOL 24’-0”40’-6”16’-5” 179’-0”39’-8”80’-2”100’-7”40’-5”238’-0”26’-4”1’-0”34’-8”34’-8”34’-8”34’-8”34’-8”36’-4”1’-0”163’-4” 39’-4”1’-0”40’-0”40’-0”40’-0”3’-0” 163’-4”22’-0”127’-6” office t t break rmm 101’-8”90’-10”61’-8”29’-9”13’-7”10’-7”ramp14’-0”10’-0” PP PP201’-10”152’-6”29’-6”268’-10”162’-0”179’-0”184’-2”329’-4” 1962 TIMBER FR/WD DECK SPRINKLERED 22’ DECK TWO STORY OFFICE WD FR. 24’ ROOF BOILER RM 13-4 X 11-8 PP F U E L F I L L E R C A P F U E L M O N I T O R ELEC. TRANS. TOWER PP BITUMINUOUS PVMT BITUMINUOUS PVMTBITUMINUOUS PVMT FENCEBITUMINUOUS PVMT 1984 CONC. FR/CONC. DECK SPRINKLERED 24’ ROOF 60’-5”77’-0”ST. FR/ST. DECK 24’ ROOF 1962 ST. FR/ST. DECK SPRINKLERED 21’ DECK 1962 ST. FR/ST. DECK SPRINKLERED 21’ DECK 20'0'20'60'40'80'100'200'NORTHWAREHOUSE 2100 STOUGHTON AVENUE CHANHASSEN, MN238’-0” ?TANK 39’ DIA 35’ HIGH BITUMINUOUS PVMT 6-9 x 16-1053' TRAILER ELECTRICAL TRANSFORMERS COVERED PLATFORM DS DS 100’-0” 96’-0”FROST FOOTING1:20 SLOPE 1:20 SLOPE 47’-6” 32’-6”4’-6”4’-6”5’-0” 7 R @ 7”6T @ 12” DS 98’-3”10’-0”HANDRAIL 2’-8”1’-4”8’-0”8’-0”8’-0” 95 spaces 53' TRAILER45’ -5 spacesfut pkg110’18’266’ = 30 SPA C E S 261’ = 29 SPA C E S 171’ = 19 SPA C E S100’175’ = 19 spaces future pkg53' TRAILER53' TRAILER297’ = 33 spacesfuture pkg53' TRAILER53' TRAILER53' TRAILER72’ -8 spaces fut pkg 1:20 slope70’ -6 spaces+ acc space54’ -6 spaces52’ -6 spaces54’ -6 spacesFUT DRIVE IN DR FUT DRIVE IN DR175’ = 19 spaces future pkg175’ = 16 spaces+3 spaces future pkg57’ -1 space+ 2 acc spacesWEST PARKING: TOTAL: 86 EXISTING PKG SPACES 89 FUTURE SPACES 1.54A = 6.6% 11 SLOPED ROOF12’ - 17’11’-0”28’-8” SCALE 53' TRAILER 53' TRAILER53' TRAILER53' TRAILER53' TRAILER53' TRAILER SITE PLAN 1” = 50’-0”RIVER VALLEY BUSINESS CENTER2100 STOUGHTON AVENUECHANHASSEN, MNMARCH 6, 2020 A1 a PARKING site development: parking analysisplanting planSTOUGHTON AVENUE VENTURES102 JOHNATHAN BOULEVARDCHASKA, MNSUPPLEMENT9116 34th avenue northminneapolis, mn 55427 763-545-1072architectPHILLIP D. JOHNSONPHILLIP D. JOHNSONJUNE 5, 2020JUNE 5, 2020 PARKING PLAN open dock w/ roof canopy to be removed MECH PLANTING DETAIL 1 PLANTING DETAIL 2 EAST PARKING: TOTAL: 24 EXISTING PKG SPACES 13 FUTURE SPACES TOTAL 212 PARKING SPACES (includes 102 future spaces) (includes 8 accessible spaces)99’-0”98’-0”97’-0”96’-6”97’-6”99’-6”98’-6”99’-10”6-9 x 16-10BITUMINUOUS PVMTBITUMINUOUS PVMT 24’ GATE HINGED 40’ GATE CANTILEVERE D 40’ GATE HINGED 30’ GATE CANT/HINGE 9’-0”7’-0”15’-0”2 - AUTUMN BLAZE MAPLE PLANTING DETAIL 1 3 - JAPANESE TREE LILAC 6 - DWARF AMUR MAPLE 3’-0” O.C. MINACCESSIBLE RAMP LANDING 4’-6”7’-6” PLANTING DETAIL 2 CUT PVMT FOR PLANTINGS PLANTING SCHEDULE SYMBOL ABM AUTUMN BLAZE MAPLE JLT JAPANESE LILAC TREE DECIDUOUS TREES DECIDUOUS SHRUBS BOTANICAL NAME COMMON NAME 2.5" 15 CAM MATURE H X WQTYROOT 16"7’ X 7’ 25’ X 20' SIZE 6 3 B/B 50' X 40'2 'JEFFERSRED' ACER X FREEMANII SYRINGA RETICULATA multi stem 'BAILEY COMPACT'AMUR MAPLE ACER GINNALA BAILEY COMPACT GAL 5 GAL AL AMERICAN LINDEN CONIFEROUS TREES BLACK HILLS SPRUCE EASTERN WHITE PINE PICEA GLAUCA VAR. BS WP 2.5" 6' 6' B/B B/B B/B TILIA AMERICANA PINUS STROBUS 40' X 30' 40' X 15' 60' X 35' 2 DENSATA 3 4 CUT PVMT FOR PLANTINGS FENCE FENCE FENCEFENCE FENCE FENCEFENCE FENCE 71’-0”2 - acc spacePPPP elec trans53' TRAILERALAL AL AL BS BS WP WP WP Re: Gedney building 2100 Stoughton Avenue Chanhassen, MN SITE TRAFFIC COMPILATION: Anticipated traffic volumn from Hemp acres tenant ‘4’: Occupying 50,000 sq ft. Present expected employees 10 - 12 in the building on a given workday. Anticipated expanded operations employees 25 - 30 in the building on a given workday. Existing tenant ‘1’ in the building: Occupying 40,000 sq ft. Present 1 visit to the space each week Maximum occupants during turnover of storage 3 occupants for two days, three times per year. Projected warehouse tenants ‘2’ and ‘3’ in the building. Occupancy of remaining 90,000 sq ft. Projected at 1 occupant per 1000 sq ft. = 90 occupants. Total projected occupancy: 123 occupants At projected occupant arriving at the site to be 1 1/4 occupants per vehicle that would become 99 vehicles onto and off of the site at peak arrival and departure times. Deliveries by truck to the site: Anticipated truck traffic from Hemp acres ‘4’: Present, 1 tractor/trailer per day incoming, 1 tractor/trailer per week outgoing Projected 3 years, 2 tractor/trailer per day incoming, 2 tractor/trailer per day outgoing. Existing tenant ‘1’ in the building: Anticipated 1 tractor trailer per month incoming, 1 tractor/trailer per month outgoing. Projected warehouse tenants in the building tenant ‘2’ & ‘3’. Projected 3 tractor/trailer per day incoming, 3 tractor/trailer per week outgoing. A U D U B O N A V E N U E Carver County Public Works 11360 Highway 212, Suite 1 Cologne, MN 55322 Office (952) 466-5200 | Fax (952) 466-5223 | www.co.carver.mn.us CARVER COUNTY June 26, 2020 City of Chanhassen c/o Bob Generous AICP Senior Planner 952-227-1131 bgenerous@ci.chanhassen.mn.us Re: Development / Access Review Comments: Conditional Use Permit for Food Processing at 2100 Stoughton Avenue (Hemp Acres) – Located near the intersection of CSAH 61 (Chaska Blvd.) and CSAH 15 (Audubon Rd.) Thank you for the opportunity to review the subject development in the City of Chanhassen. Please reference the Public Works Development Review Process document on the County’s website for detailed instructions. The County assumes compliance with State Statute 505.03 Subdivision 2 regarding road authority review. Consistent with the County Comprehensive Plan and County Codes, the following are comments and recommended conditions of approval and potential requirements for any necessary permits to be issued for the project: 1. Impacts to County Right of Way and Access to County Highways a. The subject site is not adjacent to County right of way and no direct access to County Highways is proposed. Additional County review and approval will be required if this condition changes. 2. Traffic Impacts a. The County requires a Transportation Impact Analysis (TIA) for a development determined to substantially impact a County Highway facility. At this time, the proposed use does not appear to meet the defined thresholds listed below (2.a.i), although the estimated traffic generation was difficult to interpret for the proposed use. If the proposed use is revised or trip generation is further defined to meet one of these factors, then additional traffic information and analysis related to the operations at the intersection of Highway 61 (Chaska Blvd.) and Highway 15 (Audubon Rd.) will be required. For example, potential traffic mitigation by the development may need to be provided when the development site and intensity approaches these thresholds. At such time additional measures may be needed to provide reasonable capacity and traffic operations at or nearby related County intersections and highways. i. County Guidance for Requiring Transportation Impact Analysis 1. Development generates 750 or more vehicle trips per day. 2. Development generates 100 or more vehicle trips in any one hour period. 3. Associated roadway traffic is increased by 50% or more. 4. Development is determined to create a potential hazard to public safety as determined by the County Traffic Engineer. 5. Development traffic could substantially affect an intersection or roadway segment already identified as operating at a level of service D or worse. 3. Required Permits a. Prior to any work affecting or on County highways or in County right of way (none currently proposed), the applicant shall coordinate plans with the County Engineer and obtain a Utility or Excavating/Filling/Grading Permit(s) from Carver County Public Works: (http://www.co.carver.mn.us/how-do-i/apply-for/a-permit). Final details of locations, grades, and profiles affecting County roads as well as any utility connections will need to be reviewed and approved prior to any permits. b. Any damages, modifications, or changes incurred on County highways from current or approved conditions will need to remedied or updated at development expense, including costs incurred by the County. These are the County’s comments at this time. If you have any questions or need further assistance, please contact staff noted below: Joan Guthmiller Administrative Technician Carver County Public Works 952.466.5201 jguthmiller@co.carver.mn.us Angie Stenson AICP Sr. Transportation Planner Carver County Public Works 952.466.5273 astenson@co.carver.mn.us Dan McCormick, P.E. PTOE Traffic Services Supervisor Carver County Public Works 952.466.5208 dmccormick@co.carver.mn.us CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE srATE OF MINNESOTA) ( ss. corINTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on &',." JS F.Elf;'20i0, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe atached notice of Public hearing to consider a request for a Conditional Use Permit (CUP) for Food Processing and Outdoor Storage on property located at 2100 Stoughton Avenue (Hemp Acres); Zoned Industrial OIIice Park (IOP), Planning Case File No. 2020-09 to the persons named on attached Exhibit ..A", by enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses ofsuch owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and swom to before me thist<+day of.-\+t.-z- ,2020. Kim . Meuwissen, Deputy Cler k (Seal) JEAII U STECKLII{G Nery R/blorffmaE riffitEd..5tl.tElr No tary Pub Subject Area Daacl!l.Br This map is neithea a legally lecor(led map nor a suNey and is not intended lo be used as one. Thig ,rarp is a compilation of recods. information and data localed in various city, @unty. state and tederal ofices and other sources regardang the alea shown. and is io be used for refeence purpo6€5 only. The Cily do6s nol waraant that the Geog€phic lnbrmation System (GlS) Oata used to prepare this map are eroa free, and the City do€-s not represenl tlat the Gls oala can be used tor navigational, t_acldng or any other purpose requiring exacfno niea$remenl of distance or diredion or p,eclsron in the depidion of Oeographic Gatules. The paeceding disdaimer is povided pulalant to Minnesota StaMes 5,164.03, Subd. 21 (20(a), and the use. of thi3 map ad(no'viedlEs lhat the City shall not De liable for any .lama0es, and expressly waives all daimg, and aoree3 to detend. indemnity, and hold hamle$ the City lrom any and all daims brooght by User, its employe6 or agents. or thid padies \ 4lich arise oul of the users access or use of data plovided. DLchh€r This map is neither a legally Eco.ded maP nor a suNey and i3 nol intended lo be used as one. This map is a comprhtion o, reco.ds. inlomalion and data located in varbuS cily. coonty, sbte aM fedeGl ofice5 and olher sources regarding the area shorn. and i3 to be used br rebrence purpoges only. The City does not warra.t that the Geogaaphic lnfonnation System (GlS) Data used to prepare this map are enor free. and fle City do€6 not repfoa€nt that the Gls Data can be used for navi€abonal, facking or any other purpos€ Equiring exacting ,tt€asurement of distrnce or directon or precision in he deric{ion of Oeographic featuGs The preceding clisclaimer is provrded putauant lo Minndota Statut6 5.{66.03, Subd. 21 (2000), and the u3er of thas mep actnowledge3 that the City shall not be liable for any daftrOes, and etpessly *aivea all claims, and agrees to defend. ind€rnnrt. and hold haml€s the city from any and alldaims brought by User. iE employees ol aoents. o. lfrid partles vfiidl adse out ot the 6e/s access or use of datia provided. (TAX_NAME)D rTAX_ADD_L1> <TAX ADD L2r Subiect Area [tr + ? \.-[tr1 I 1 (Next RecordxTAX_NAMET ITAX_ADD_LI r rTAX ADD L2r I-TT EIGEI I I ? It a t I -_\ E .q o, 2EFb EE o-Eoo98F- tiog R€Oc;(\c -EF9 Eo ;.so! 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(n (n sl <h rl r- sl <l Ol rn (n O1 (!@61'\.Osl@rl mF. m 6 c, ci 6 o m o o.6 f\ (n.n (n (n l.. o o F 6 (n.n (n d) m.n.n c)a-J H 6 6 6 6 6 F{ o o O O O d O O O O O O <t H d H d O H O O6 ora 6 6 6 6 oo o o O O O ur O O A O o o oo O O O O O O6 an a\l rn an m an nt an an (n (n (n tr) a\ (n an an (n ao an rn rn rn an m an ln ilzd CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES JULY 7, 2020 Chairman Weick called the meeting to order at 7:15 p.m. MEMBERS PRESENT: Steven Weick, Mark Randall, Doug Reeder, Laura Skistad, Eric Noyes, and Mark Von Oven MEMBERS ABSENT: Michael McGonagill STAFF PRESENT: Bob Generous, Senior Planner; MacKenzie Walters, Associate Planner; Erik Henricksen, Project Engineer; Richard Rice, IT Manager; Matt Kerr, IT Support Specialist; and Jean Steckling, Senior Admin Support PUBLIC PRESENT: Phil Johnson 9116 34th Avenue, New Hope Dan Burke 225 West 77th Street Charles Levine 8420 County Road 10E PUBLIC HEARING: CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT (CUP) FOR FOOD PROCESSING AND OUTDOOR STORAE FOR SIX SILOS ON PROPERTY LOCATED AT 2100 STOUGHTON AVENUE (HEMP ACRES). Bob Generous and Erik Henricksen presented the staff report on this item. Chairman Weick asked for clarification on the height of the existing building in relation to the proposed height of the silos. Commissioner Reeder asked that the applicant comment on ownership of the silos, if there are any other similar operations in the area and if there are any hazards associated with this operation. Commissioner Skistad asked if water service is adequate and asked for clarification on the amount of discharge. The applicant, Charles Levine, owner, founder and chief operator of Hemp Acres answered questions raised by commission members regarding the silos, other similar operations in the area, hazards, and discharge before explaining and showing samples of the products he will be producing. After questions from commissioners Chairman Weick opened the public hearing. No one spoke and the public hearing was closed. Reeder moved, Randall seconded that the Planning Commission approve the Conditional Use Permit to allow Hemp Acres to process food products from hemp seeds and allow the construction of six 35-foot tall silos based on the plans prepared by Phillip D. Johnson, Architect, dated April 4, 2020, subject to the following conditions: Planning Commission Summary – July 7, 2020 2 Building: 1) A building permit will be required for unit improvements, silo installation, and unit remodeling. Engineering: 1) If an intensification or increase in use or an expansion is requested for the site, a traffic analysis will be required to determine the volume of traffic the new site will generate. 2) Any future intensification of the site usage shall investigate the use of the driveway access to Audubon Road. Natural Resources: 1) The applicant shall work with city staff to finalize a planting plan. 2) The applicant shall incorporate a landscape buffer along the north side of the building, which includes Autumn Blaze maple, Siouxland poplar, Black Hills spruce and Amur maples. 3) The front planting areas shall have wood mulch as a ground cover. 4) All proposed parking lot landscape islands and peninsulas shall comply with City Code. Planning: 1) When the site is redeveloped or the usage intensifies, the existing pickle tanks shall be removed from the property unless they are used as part of the building tenant operation. Water Resources: 1) Updated plans illustrating the total land disturbance activities associated with all site improvements shall be submitted for review and approval by the city. And adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: CONSIDER A REQUEST FOR A SETBACK VARIANCE AT 7701 FRONTIER TRAIL. MacKenzie Walters presented the staff report on this item. Commissioner Noyes asked about the level of difficulty in changing the width of the eaves. The applicant, Dan Burke, 225 West 77th Street explained how he would like to have a one foot overhang on the porch to match the rest of the house that was built in 1896. Chairman Weick opened the public hearing. Planning Commission Summary – July 7, 2020 3 MacKenzie Walters summarized an email received from Jack and Paula Atkins in favor of this variance request. Chairman Weick closed the public hearing. Noyes moved, Von Oven seconded that the Chanhassen Board of Appeals and Adjustments approve a 40 foot front setback variance for the construction of an open porch subject to the conditions of approval as amended and adopts the attached Findings of Fact and Decisions. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: CONSIDER AN AMENDMENT TO THE CHAPARRAL PLANNED UNIT DEVELOPMENT (PUD) ORDINANCE TO CORRECT A TYPOGRAPHICAL ERROR. Bob Generous presented the staff report on this item. Chairman Weick called the public hearing to order. No one spoke and the public hearing was closed. Von Oven moved, Randall seconded that the Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development-Residential zoning to correct the internal inconsistency and adopts the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary Minutes of the Planning Commission meeting dated June 16, 2020 as presented. ADMINISTRATIVE PRESENTATIONS. Bob Generous notified the commission members that the next two Planning Commission meetings have been cancelled due to no applications. Reeder moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:20 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING JULY 7, 2020 Chairman Weick called the meeting to order at 7:15 p.m. MEMBERS PRESENT: Steven Weick, Mark Randall, Doug Reeder, Laura Skistad, Eric Noyes, and Mark Von Oven MEMBERS ABSENT: Michael McGonagill STAFF PRESENT: Bob Generous, Senior Planner; MacKenzie Walters, Associate Planner; Erik Henricksen, Project Engineer; Richard Rice, IT Manager; Matt Kerr, IT Support Specialist; and Jean Steckling, Senior Admin Support PUBLIC PRESENT: Phil Johnson 9116 34th Avenue, New Hope Dan Burke 225 West 77th Street Charles Levine 8420 County Road 10E Weick: Thank you for obliging us with that. As you have noticed this is a little different meeting format for us. We’ve done it for the past couple of meetings but please be patient as we work through any audio or video difficulties this evening. Again I would remind all commissioners please don’t hold any chats, discussions or text messages on the side through the Zoom application. All of our discussions need to be public and on the record. Tonight we have 3 public hearing items on the agenda. Staff will begin with the presentation of the item. At that time we will have time for comments or questions from the Planning Commission. Then the applicant will be able to make a presentation. After the applicant makes a presentation we can ask questions of the applicant or get clarifications on the project directly from them. At that time we will have a public hearing. In the public hearing we will summarize any emails we’ve received. For the record anyone here present in the chambers may come up to the podium. State their name and address for the record and make a comment on the item. And we will also have the opportunity for telephone calls. The telephone number will be prompted at the bottom of the screen at the appropriate time. You may call in and make a comment as well if you so desire. Once everyone has had a chance to be heard through one of those 3 methods we will close the public hearing. The commission will then again have time for comments and discussion amongst themselves and then we can take a vote on the item. We’ll do that for all 3 items this evening. Chanhassen Planning Commission – July 7, 2020 2 PUBLIC HEARING: CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT (CUP) FOR FOOD PROCESSING AND OUTDOOR STORAE FOR SIX SILOS ON PROPERTY LOCATED AT 2100 STOUGHTON AVENUE (HEMP ACRES). Weick: The first item on our agenda is item number 2020-09 and will be in front of City Council on July 27th. It is a request for a conditional use permit for food processing and outdoor storage located at 2100 Stoughton Avenue and the name is Hemp Acres. And is that Mr. Generous, yes. We’ll turn it over to you Bob. Generous: Chairman Weick and commissioners. I was hoping that our presentation would come up on my PC. There we go, thank you. As you stated Planning Case 2020-09 is a conditional use permit request for food processing operation to process industrial hemp seeds into hemp oil and protein powders. This, the other part of the conditional use is for the outdoor storage of they propose to have 6 silos on the back of the building and so we wanted to address that upfront so people know that that would be coming. The applicant is Hemp Acres, LLC. The owner is Capstone Investors LLC. As you stated the public hearing is tonight and it goes to City Council on the 27th. The property is located at 2100 Stoughton Avenue. It’s surrounded on 3 sides by the city of Chaska. However it is in the city of Chanhassen. In 1958 Gedney Pickles consolidated their pickle operation at this site. Since then they were in continuous operation until 2019. Then they shut down their operation and the building has been vacant until earlier this year and then we have the easterly tenant moved in on approximately 40,000 square feet and they store Bradley Army vehicles in that building and then this is the westerly 50,000 square feet and they’re going to create the Hemp Acres processing facility. The legal description is quite convoluted and it includes land down on the Minnesota River valley. If you look at the, oh I should have. These sites used to be ponds for the treatment of the brine from the pickle operation so all the manufacturing waste or water were sent down there for treatment. The City of Chaska provides some treatment for the office portion of the building and so there is limited capacity that they provided. The applicant and the property owner need to contact the City of Chaska regarding all that and we’ve had Hemp Acres has had their SAC determination through the Met Council and they owe approximately one SAC unit which will be paid to the City of Chanhassen and then we will forward it to Chaska so. Again the request is for a conditional use permit for food processing and outside storage with the six silos on the westerly 50,000 square feet of the building. The River Valley Business Center is approximately 180,000 square foot building. This would be the second unit that’s occupied. There are approximately 90,000 square feet in the middle two additional units that would, would be able to be occupied for office industrial warehouse uses. However the limitation on those uses would be the ability of sanitary sewer services. The site does have it’s own well so that’s where all their water comes from. There is a potential if Chaska does not have sufficient capacity that they could create an onsite subsurface treatment system and that would be determined as future development comes in place. The property is zoned, is guided for office industrial uses in the City’s 2040 Comprehensive Plan. It’s zoned industrial office park and food processing and outside storage are conditional uses in the IOP district. Basically the 50,000 square foot unit is on the west end. Previously there was Chanhassen Planning Commission – July 7, 2020 3 an open covered dock area that has been removed from the site so it’s no longer there. In the future they’re looking at providing a parking opportunities on the west side of the building. When they propose to do that we will require that they come in with the plan and show us how they’re going to comply with city ordinance for landscaping and parking stall depth and drive aisle width. Access to the site is off of Stoughton Avenue. There’s a chain link fence that has an opening gate that they’ll come in through. The south portion of the building would be for sending out their, what they’re manufacturing. The north side and the silos would be on the northwest corner of the building and that’s where they’ll bring the raw hemp seed, industrial hemp seed into the property. I’ll have the applicant give you more discussion on their operation when they come for their presentation. Again this easterly run is where the armor vehicles are stored and then these two units are vacant right now. And this is a schematic aerial view. They’re proposing some changes to the entrance here to put in the handicap ramp and the addition of the silos on the northwest corner of the building. Their operation would be, the seeds would come in from the northwest corner and go through their conveyance system to the different processing operation. Lots of storage and warehouse in here. Here’s a distribution area that the trucks would take the stuff out. They have a small office portion of the development. We have calculated to see that they comply with city ordinance for parking and they have more than they need for this operation even if it was full capacity. And then Erik is going to discuss the site access, the road system and a little bit on the utilities so he’s on Zoom. Henricksen: Yeah, thanks Bob. Mr. Chair and commissioners, good to see everybody again. Just want to ask everybody hear me okay? This is a new laptop so I just want to make sure I’m coming in fine. Okay, good. So the review of this conditional use permit was unique in the city’s engineering and public works departments due to the site’s location and the surrounding public facilities. As Bob mentioned the site sewer is serviced by the City of Chaska. Water is had from a private well and there is no Chanhassen right-of-way abutting the property. As seen from this slide, the site’s primary access is on Chaska’s portion of Stoughton Avenue even though Chanhassen’s city limits encompass the site. The only right-of-way, the immediate area that is the City’s is a short section of Stoughton. It’s highlighted there in purple. And that section connects to Chaska’s section of Stoughton which then connects Carver County’s Flying Cloud Drive so it’s kind of a pass through right-of-way there. With that in essence there are no direct Chanhassen public services that the site utilizes even though it is fully within the city limit. With this unique situation engineering and public works staff reviewed the conditional use permit based mainly on the intent of Section 20-232 regarding transportation and traffic requirements of conditional use permits. This section essentially limits conditional uses that will create excessive traffic. Based on the proposed use the site does not appear to meet the threshold of excessive. If the site, if the site’s used as either 100 or more vehicle trip ends in any one hour or 750 trips per day a traffic impact study or some traffic analysis will need to be performed to further assess the impacts of the surrounding road network and to determine if the site was generating excessive traffic. As it is the judgment of staff and based on the proposed use there will not be nearly that amount of vehicular traffic. Staff has recommended that the CUP be conditioned that if an intensification of use of the site or expansion of the site is ever proposed then the applicant would be or should be required to provide such a traffic study. This is also in Chanhassen Planning Commission – July 7, 2020 4 align with the County’s review memo provided in your packet. Short and sweet but with that I will turn it back over to Bob. Generous: The one other thing about utility accessibility is the City did in 2015 look at a potential for City of Chanhassen providing services and the study determined that it would be feasible for the City to do it. However this is at the end of the line and it would take at least 3 lift stations to make this work so the timing on this operation is indeterminate right now but just to know that the City does have a potential as this is, if in the future to serve this with city services. Additionally as part of that look at, we’re looking at the potential for extending Engel Boulevard down to the northeast corner of this site to service this whole area. The utility extension would serve all the properties in Chanhassen, not just this one so there are other properties to the east that could connect to it and that as part of the 2015 study we did up guide several of the parcels in the area so they could develop at a more intensive and suburban type use so. With that staff is recommending approval of the conditional use permits for the food processing operation with outside storage of the six silos subject to the conditions of approval in the staff report and adoption of the Findings of Fact and Recommendations. With that I’d be happy to answer any questions. Weick: Thank you Mr. Generous. That was a good presentation. I have one quick question and then I’ll turn it over to the planning commissioners. Do you know the even relative height of the existing building that’s there? Even if it’s an estimate. Generous: I believe it is approximately 30 feet. Weick: Oh it is. Okay. So these silos are going to be roughly the same. Generous: Yeah a little bit higher. Weick: Okay. Generous: That one elevation sort of showed you the relative appearance of the units. Weick: Okay, that’s all I had. I will, I’ll just let our planning commissioners jump in right now if you do have questions for city staff. Reeder: Mr. Chairman? Weick: Yes, thank you. Reeder: Are these, who will own these tanks that we’re going to build? Generous: The applicant. Chanhassen Planning Commission – July 7, 2020 5 Reeder: The applicant but do they own the, are they buying the land? Generous: No they’re leasing it is my understanding. Reeder: So they’ll lease the building or…something that they’re leasing. Generous: Yes and they. Reeder: If they can maybe talk about that a little bit in their presentation. Weick: Other questions for staff? Reeder: All of this variances for outdoor storage is there any outdoor storage allowed? Over this one? Generous: That’s not part of their request. If they were to do additional storage they would have to come in for a separate conditional use permit. Reeder: Okay so just the tanks. Generous: Just the tanks and then of course their semi trailers will be on site but that’s part of their normal operation. Reeder: And if they could cover in their presentation whether there is any kind of an operation like this anywhere else. Just give me… Weick: Thank you Commissioner Reeder. Other comments for staff? Questions? Reeder: I guess I’ve got one more Mr. Chairman. Weick: Yeah please. Absolutely. Generous: The Fire Marshal has been intermittently involved with this so they’re looking at, they’ve already submitted the building permit application so we could get that review going and the Fire Marshal’s involved with that and the building official so and we’ve also had communications with the City of Chaska so. Reeder: Okay maybe they could cover that in their presentation too. Whether there’s any hazard to this operation. I’m really done now. Weick: Alright, fair enough. Any other questions for city staff from the Planning Commissioners? Chanhassen Planning Commission – July 7, 2020 6 Skistad: I guess I have a question. Weick: Yeah, sure. Skistad: Bob how do the wells work? I mean how much water does a well service? I mean I’m assuming it’s, it served Gedney so it probably will be more than adequate. Generous: I believe yes it’s more than adequate. They will not use as much water as the Gedney operation did so. The exact numbers I’d have to ask the building officials. Skistad: And then the holding pond would hold the 250 gallons of discharge? I read somewhere the process discharge was 250 gallons per day. Maybe that’s a question for. Generous: That would be for the applicant. Because they didn’t have any discharge from the manufacturing of the Gedney site but they’re also receiving less sewage to this operation so that’s part of the discussion they need to have with the City of Chaska. Skistad: Chaska, okay. Generous: Because their questions are where is it coming from? What are the connections and. Skistad: Okay. Generous: Which we don’t have, there’s no data like that available in our file so, because everything’s been done through them. Since 1963 they’ve had this agreement in place so. Skistad: Okay. Weick: Thank you Commissioner Skistad. We are open for other comments or questions for city staff at this time. And hearing none at this time I will invite the applicant to come forward. I will summarize, I’m sure you cover some of this in your presentation but I captured four kind of questions. One was is there anything similar in the area. Any type of similar operation. Could you clarify the silos that are being built on leased land. Is there any significant hazard to the operation? And then is there discharge and if so what is the gallon per day and where does that go. Charles Levine: Thanks for having me. My name’s Charles Levine, owner of Hemp Acres. Founder and Chief Operator. So we’re currently located in Waconia on our farm operating a 1,600 square foot facility. So to answer the question about the bins, they are pre-assembled. Meridian Bins is what we’d most likely be using but they’re steel, smooth wall hopper bins that come on a semi trailer and erected in place so it’s not something that’s built. We can physically take them on and off the site. And of other operations, I’m the only one in Minnesota for sure. There’s one operation in Carrington, North Dakota that specializes in flax seed oil that has now Chanhassen Planning Commission – July 7, 2020 7 started doing hemp but this is a brand new crop. Brand new industry and yeah I’m the first one to stick my neck out I guess. Weick: Fair enough. Charles Levine: And sorry was. Weick: Hazards and the. Charles Levine: Oh the only thing would be the milling of the hemp cake which is what we turn into protein powder and that’s all closed controlled systems with dust collectors so. Weick: Okay. Charles Levine: Yeah they’re all enclosed. Weick: And is there any type of water discharge as a result of the operation? Charles Levine: No this is all dry processing so the only use of water is for sanitation, cleaning of the equipment after we’re done using it so our water usage is quite minimal especially compared to what Gedney was doing. I think they were going through like a million gallons a week. Something like that. Weick: Okay. And then just anything you want to tell us about the operation and just kind of what you’re doing and. Charles Levine: Yeah so I brought a few samples. So this is hemp seed. You guys are welcomed to take a look at it but basically the industrial hemp plant is produces one of the most nutritious grains on the planet and through our process we take, it’s a very high oil content seed so we use a cold screw press. Use as really low temperatures to preserve all of the omegas in the oil and we take that through filtering and refining and then we bottle up our own retail, 12 foot ounce bottles all the way up to 55 gallon drums and 250 gallon totes and hopefully tankers as we expand. And so it has a really wide diverse range of applications. Everything from industrial lubricants to like nutripheuticals, cosmetics, salad dressings, hair products so that’s the oil. And then the cake is what is the by product of when you squeeze the oil from the seed which is rich in protein and fiber and so we take that, really similar to like a soy bean operation where we take that. Mill it. Pulverize it. Sift it and then we grade out certain different levels of protein which are food grade proteins that vegans, vegetarian plant based options. It’s like whey protein but all from seed. And then there’s also the de-hulling of the seed where you’re breaking off the outer shell which is the inner heart. That can go straight into bags. You can also take that and make milk out of it too. And you can take the whole seed and roast it. Add different flavors just like sunflower seeds so these are all the applications that we would be using with the hemp grain and contracting to start we’ll be doing 5,000 to 10,000 acres of local growers in the area to grow Chanhassen Planning Commission – July 7, 2020 8 industrial grain for us and bring it to us. Process and turn it into food and all sorts of different applications. Weick: Awesome. Can you, are you able to take some questions? I assume there might be some from the commission. I will kick it off and I’ll give people a chance to maybe collect their thoughts with a couple of questions, and I think you answered this but are you farming anywhere or no? Charles Levine: Yes. Weick: You are? Charles Levine: On our farm in Waconia. Weick: Okay. Charles Levine: We’ve set up, I’ve been growing since 2016 and I first got into this learning how to properly grow it and process it so we do, we also do CBD production on the farm and all of our cannabinoid production will stay on the farm. The grain side of the operations will be leaving the farm. Weick: And then you’ll also contract with other farmers? Charles Levine: Yes, yep. Yeah I won’t be supplying the grain for our process. Weick: Oh okay. Charles Levine: We’re looking to contract with a number of different farmers. Weick: Okay, got it. So that answers a couple questions there. And then do you do like aerate or, and I’m thinking more from like anything motorized like drying or aeration within your silos in order to keep that seed from mildewing or anything? Charles Levine: No, so that’s all done on the farm. Weick: Okay. Charles Levine: I would treat it just like any other commodity. Weick: Okay. Charles Levine: A farmer would harvest it. Put it in their bin. Dry it down to 9 percent moisture so we only accept grain at 9 percent. Chanhassen Planning Commission – July 7, 2020 9 Weick: Okay. Charles Levine: And then at that it’s stable. We don’t have to do any further drying and the rate at which we’re processing, we’re emptying one bin. Filling another bin. Emptying that bin and processing it so it never, it’s very rare that it’s sitting there stagnant. Weick: Okay, perfect. With that maybe I’ve given a chance for the commissioners to collect their thoughts and we’ll certainly open it up for questions at this time. Just go ahead and jump in if you have a question. Skistad: My question originally was on odors. Some of the staff mentioned that they did travel to look at the facilities and that that sounds like with only 9 percent moisture in there that really isn’t going to be an issue. Charles Levine: No. The odor portion of the process would come from like CBD production which is very similar to marijuana so that skunky aroma is really prevalent in those types of biomass processes but with the grain it’s really there’s no scent. No odor. No taste really. It’s a very bland product. You can smell that bag. It doesn’t really smell like anything. Skistad: Yeah. Thank you for bringing the samples in. Reeder: Mr. Chairman? Weick: Yes. Reeder: Is there a by product? Is everything you, is there anything left over after you… Charles Levine: Everything is used. Nothing goes to waste. Reeder: So there’s no? Charles Levine: No, in fact there. Reeder: Anything going to the dump. Charles Levine: No, no. In fact if the cake, if we can’t turn all of it into protein powder it’s an incredible source for livestock feed so any excess would be going to feed lots, yeah. Reeder: That’s pretty nice to be able to use it for other things. Chanhassen Planning Commission – July 7, 2020 10 Charles Levine: The only waste from the process is the filter aid which are minerals that we add to the oil to do the filtering and even that has been shown to have re-uses and applications either as like a fertilizer or feed. Reeder: And if you couldn’t find a place for that what would you do with it? Charles Levine: I would haul it to my farm and spread it on my field. As fertilizer. But mostly it’s, everything has an end use. Reeder: I did have a question earlier. Was there any other outside storage that you’ll need? You’re not asking for anything. Charles Levine: No. No not at this time. Just grain bins. Reeder: Okay. Maybe a question for staff. If we did have an odor problem how do we deal with that? Generous: If we discovered an odor problem we would work with the manufacturer to address that either through a filtration system, whatever. That’s where that, what our CUP is talking about. What are their plans for mitigating any odors in there so. And again we don’t anticipate that this processing would create anything that we would need to address. Reeder: It’s got to be better than pickles. Generous: Definitely. Weick: Thank you Commissioner Reeder. Any other questions for our applicant from any other commissioners in the Zoom meeting at this time? Von Oven: Commissioner Von Oven here. If we’re going to cover sight through the height of the silos and odor through the comparison to pickles we should probably cover sound so can you just make some comments on whether or not we would expect any greater noise in the area for the people that are living around? Is it all self contained within the building or is it literally just the sound of trucks coming in and out bringing hemp seed? Charles Levine: Yeah so the loudest piece of equipment would be our air handlers which would sit out by the bins and I provided Bob with noise data sheet from our equipment manufacturer. It’s about 90 decibels. We can enclose that in a little hut basically. Many farms do that. They have air handlers on their farm and they just build a shed around to, it will cut the sound down by half at least. So we can do that. We’ll probably do it anyway for our own peace of mind. Generous: That’s the information I found out too based on what they provided. They meet OSHA requirements but if they can cut it down and…says that I calculated that the noise level at Chanhassen Planning Commission – July 7, 2020 11 the property line should be about 66 decibels which is conversational so. Well right next to the equipment it would be about 85 to 90 decibels. That’s still within the guidelines so. Charles Levine: It’s a loud electric motor. A 75 horsepower motor so it draws some power but again very easily contained. Von Oven: Great, thank you. Weick: Thanks Commissioner Von Oven. Any other questions for our applicant at this time? Thank you everyone and hearing no questions, thank you for obliging us with, teaching us a little bit about your operation and what you’re going to do on the property. I think it’s a neat business so thank you. Charles Levine: Thank you. Weick: And thank you for showing us the samples as well. For those of you that weren’t in the room there’s samples of the cake and the seed and some of the oil final products that are sold. With that we will open the public hearing portion of tonight’s item. I don’t believe we received any email correspondence on this item. Generous: No. Weick: No. Anyone present in the chambers who would like to come forward and make a comment is free to do so at this time. Generous: We didn’t even receive a phone call on this one except for the City of Chaska. Weick: Okay fair enough. Seeing nobody come forward and having nobody on the phone lines, in front of you there Mr. Generous? Okay. I will close the public hearing portion of tonight’s item and open it for commissioner discussion. Comments. Motions. I will open the floor. While you might be collecting your thoughts I guess I will say that again that you know based on that this processing really has no, you know no leftovers to it really. They’re using everything that they can. A great opportunity I think. You know I don’t know a whole lot about the business but it certainly sounds like a strong business plan and certainly a market that is growing. I mean I think it’s nice to have someone using that location. That old location for a new purpose. And you know all the questions were answered. I think we talked about, potentially I was, Commissioner Von Oven I was also thinking when I was talking about like aeration or drying of those outside silos I was thinking like will there have to be motors or noise or things running so it doesn’t sound like that’s going to be an issue for us. So it certainly checks a lot of boxes for me. Other comments from commissioners? Reeder: Mr. Chair I do have one more question which I forgot to ask. Is Minnesota a great place to grow this stuff? I mean do you think you’ll have an ample supply? Chanhassen Planning Commission – July 7, 2020 12 Charles Levine: Absolutely. So little history of hemp. There was the largest hemp processing facility in the world was located in Hutchinson and if you talk to any old timers around here they’ll say oh yeah my dad grew hemp for the war. And you know back then there was, cannabis has a really interesting history but specifically for the war they re-legalized it. Subsidized it heavily and Hutchinson was the largest facility. It was called War Hemp Industries and farmers all across the state grew it and brought their hemp there and to another couple hemp mills in the state but now it’s 3M’s facility in Hutchinson. And so yeah I mean the history of hemp, the Declaration is written on hemp paper. The old 10 dollar bills that showed hemp. Yeah there’s a lot of history and it grows really well. Invite you to my farm. You can see how well it grows so yeah. Oh and one other thing I’d like to mention too. The stalks, that’s what you hear hemp is good for rope but that’s where it comes from is from the stalks and we have anticipations of later down the road to be developing processes for the fiber stalks to turn into batteries, concrete, plastics and composites. You can make batteries that are 20 percent more efficient than with the mien with hemp fiber. So it’s a totally different way of looking at agricultural crops. We can be growing batteries and houses and plastic so. Weick: That’s really cool, thank you. Thank you Commissioner Reeder. Other comments from you? Reeder: I’m done. Weick: Any other discussion for the meeting or I can certainly entertain a motion. Reeder: Mr. Chairman I would move that the Chanhassen Planning Commission recommends the City Council approve the Conditional Use Permit for food processing operation with outdoor storage for six 35 foot silos subject to the conditions of approval and adopts the Findings of Fact and Recommendation. Weick: Thank you Commissioner Reeder. We have a valid motion. Do we have a second? Randall: Second. Weick: We have a second from Commissioner Randall. Before we vote any final comments on the item? Hearing none we’ll go ahead and have a roll call vote. I’ll call your name and indicate either aye or nay. Reeder moved, Randall seconded that the Planning Commission approve the Conditional Use Permit to allow Hemp Acres to process food products from hemp seeds and allow the construction of six 35-foot tall silos based on the plans prepared by Phillip D. Johnson, Architect, dated April 4, 2020, subject to the following conditions: Chanhassen Planning Commission – July 7, 2020 13 Building: 1) A building permit will be required for unit improvements, silo installation, and unit remodeling. Engineering: 1) If an intensification or increase in use or an expansion is requested for the site, a traffic analysis will be required to determine the volume of traffic the new site will generate. 2) Any future intensification of the site usage shall investigate the use of the driveway access to Audubon Road. Natural Resources: 1) The applicant shall work with city staff to finalize a planting plan. 2) The applicant shall incorporate a landscape buffer along the north side of the building, which includes Autumn Blaze maple, Siouxland poplar, Black Hills spruce and Amur maples. 3) The front planting areas shall have wood mulch as a ground cover. 4) All proposed parking lot landscape islands and peninsulas shall comply with City Code. Planning: 1) When the site is redeveloped or the usage intensifies, the existing pickle tanks shall be removed from the property unless they are used as part of the building tenant operation. Water Resources: 1) Updated plans illustrating the total land disturbance activities associated with all site improvements shall be submitted for review and approval by the city. And adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Weick: That motion carries unanimously 6-0. And we with that, thank you again to everybody for presentation. Staff as well as the applicant and good questions on behalf of the commissioners. I’m looking forward to seeing that business prosper for Chanhassen. PUBLIC HEARING: CONSIDER A REQUEST FOR A SETBACK VARIANCE AT 7701 FRONTIER TRAIL. Weick: MacKenzie. Chanhassen Planning Commission – July 7, 2020 14 Walters: And just to note this item if appealed would appear on the July 27th City Council meeting. As mentioned this is a variance to construct an open porch with a zero foot lot line setback at 7701 Frontier Trail. So this is located in the oldest part of the city. It’s zoned Residential Single Family. The lot in question is a corner lot. Modern zoning standards would require a 15,000 square foot lot, 30 foot setbacks from both street frontage, 10 foot side yard setbacks for the non-street lot lines and limited to 25 percent lot cover. The parcel in question is just under 10,000 square feet. Has about 16 percent lot cover. It has a non-conforming zero foot front yard setbacks along both the north and the west lot lines. Portion of the home and eaves encroach into the city right-of-way. The detached garage has a non-conforming 4 ½ foot front yard setback but it does appear to meet the other aspects of the city zoning code. So the applicant is proposing to reorient the main entrance of the house which currently exits directly into the right-of-way. They are proposing to shift it south and then construct an 8 by 25 ½ foot open porch to maintain, which would maintain the home’s existing setback along the lot line. The moved reoriented entryway will increase safety. The porch will provide protection from elements and improve the façade of the home. The setback they’re requesting they believe is necessitated by the existing placement of the home on the lot. The porch being further back from the intersection will not in any way negatively impact sight lines. Because it is open style it’s not expected to significantly increase the visual mass of the home. The porch has been designed to be architecturally compatible with the existing structure. Staff looked over the area. We noted that of 6 houses along the two block stretch of Frontier Road 4 have zero foot setbacks. Again this is one of the oldest parts of the city. Stuff was built where it was built. Staff agrees that reorienting the entrance will improve the property. We believe the existing placement of the home justifies the requested setback and is reasonable relief for a non-conforming property. Staff is concerned about allowing the porches eaves to encroach 4 feet into the right-of-way. Several of the neighborhoods throughout the city that also have homes built right up to lot lines where road right-of-ways are much smaller. Much more constricted and staff is concerned about establishing that precedent of allowing encroachments into the public right-of-way. Engineering staff has noted that in the future they will be conducting a street project in this area and they are eager to minimize any encumbrances with the right-of-way. That being said staff is recommending approval of the requested variance with the condition that the porch be redesigned so the eaves do not encroach into the right-of-way. And I’d be happy to take any questions at this time. I know I went through that pretty quick. Weick: Nope that’s probably fine. Thank you MacKenzie. I will open it up for our commissioners. Any questions for MacKenzie regarding this variance? Noyes: Commissioner Noyes here. Is the redesign of the eaves to satisfy the requirements here? Is that easily done or is that kind of a difficult or burdensome change that would need to be made? Chanhassen Planning Commission – July 7, 2020 15 Walters: I would defer that to the applicant. They’d be in a better position to discuss the architectural implications. Staff’s belief is that it is a viable change but again I think they are the best party to address that question. Noyes: Okay thank you. Walters: Yep. Reeder: Mr. Chairman? Weick: Yes sir. Reeder: Is the overhang just on the end of the porch? Show me where it overhangs. Walters: Yep so if you look at this picture right here, the lot line would go. Reeder: We don’t have it. Walters: Oh could we get the power point up please? Reeder: There you go. Walters: If you look at the edge of the house the lot line basically runs parallel with the wall so the overhang is that kind of 4 foot there. Off the edge of the house that would go into the street. The existing house has approximately a 2 foot eave that would run you know there that’s not shown on this drawing. Here’s a good example. Again keep in mind the foundation of the house is basically paralleling the lot line. Reeder: So that’s why I thought it was just the end piece that’s going to have to be redesigned. Walters: That’s the recommendation yes. Reeder: Right. Weick: Thank you Commissioner Reeder. Other questions or a need for clarification of MacKenzie. Okay hearing none thank you MacKenzie. I would invite the applicant if present to come forward. Just state your name and address for the record and tell us about the project and certainly if you can address the eaves question that’d be great. Dan Burke: Sure, that’s the main issue. My name’s Dan Burke. I live at 225 West 77th Street. Lived there for 36 years and this has been my neighbor. I bought my neighbor’s house when he moved. And in the neighborhood, I don’t know if any of you know the house but I’m kind of the hero in the neighborhood at this point for it’s been cleaned up considerably at this point. I get a Chanhassen Planning Commission – July 7, 2020 16 lot of people walking by and giving me thanks for fixing the neighborhood. And the only thing I can say about the overhang is, the existing and if you go back to that one picture of the drawing. Or not of the drawing, of the rendition there. The overhangs on the existing house are about a foot. Not two feet. About a one foot overhang and I would happily reduce the overhang from 4 feet but I’ve requested I make it down to the existing overhangs of the above part because that would allow me to put a kind of a gable end on the end of that porch versus the hip roof design that it has now and that really I think would fit in with the other overhangs and the other lines of the house. And other than that I really, the house was built in 1896. I think it’s the second oldest standing house in the city right now. The oldest one I believe is on West 78th Street and it was built a year earlier. And the third oldest house is about 2 houses down so it’s an old neighborhood and we have a lot of issues with the old houses and I want to maintain it. I don’t want to, I mean my alternative would be to just tear it down and I don’t want to do that so, and having looked at it for the last 36 years I think a porch would genuinely improve the looks of the house on the south side. And moving the entrance will greatly improve just the appeal of the house and the safety of walking out onto the main street of, on Frontier Trail so that’s why if you have any questions I’ll gladly answer them but I would like to have the one foot just to be able to really match the character of the rest of the house and with that. Weick: Great, yes. And I think I echo your neighbors in saying thank you as well. You’re brave. Dan Burke: Oh you don’t know the least of it. This is the least part of it. Weick: I can only imagine. Dan Burke: But I don’t know where you live but so I think you’ve driven by the house once or twice. Weick: I run by there. Dan Burke: Oh okay. Weick: It’s great back in there it’s fun so. Dan Burke: Yeah it’s a great run. It’s a great neighborhood. Weick: Yeah. Dan Burke: And the neighborhood’s changing with all the other houses and there’s so few that are left from the original that it’s nice to have somebody crazy enough to try to save one. Weick: I say brave. Not crazy. Chanhassen Planning Commission – July 7, 2020 17 Dan Burke: …That’s my presentation. I’d just like to have a one foot overhang. Any other questions I’ll be happy to answer. Weick: Yeah and certainly would open it up to our commissioners with any questions for the applicant. Or comments. Von Oven: Yes so, Commissioner Von Oven here. Just I guess a clarification on that last piece. I’m not sure how exactly to do this but you know I’m looking at the staff report and on page 6 of the staff report there’s the rendering that we’ve been using. Dan Burke: Right. Von Oven: The proposed and then the existing. Is what you’re saying in the existing picture the roof line that I’m seeing come out. Dan Burke: What I would call a shed roof line that’s directly to the house, the main roof along the whole thing. I would envision that, that part of it coming to the edge of the house and then at, and then one foot beyond that have a gabled roof like a triangle at the end of that to have a slight overhang over the stairways coming up and so I can, because that’s now the main entrance to the house. Give me a little protection for somebody coming up the steps. The basically triangle gable roof right there right on the very end of that I think would fit in with the architecture of the other dormers and everything else on the house so. That’s what I’m looking at doing is moving that little part that’s going up to the house. Moving that all the way to the end but then the overhang itself only being a one foot overhang which matches the rest of the house so that’s what I’m looking at doing. Weick: Got it. Von Oven: And then as a follow up staff went through their findings. They recommended zero based on a desire not to have any overhang. Did you come back to staff with exactly what you’re proposing or is this, would this be the first time they’re hearing that part of the proposal? Dan Burke: Well yes I did. I came back to them. They were already writing this report and MacKenzie told me that if I came back to the meeting and asked for this same protrusion over the lot line that the staff would support that. Now MacKenzie’s here he can argue with me but that’s what he told me on the phone. Walters: I will absolutely confirm that. The report had already been published at that juncture. We did discuss it with the City Engineer and engineering staff. They agreed that given the existing encroachment, as long as it was kept to existing they were comfortable granting the encroachment agreement so staff would wholeheartedly support the proposal. Von Oven: So that’s helpful, thank you so much. That’s all I have for now. Chanhassen Planning Commission – July 7, 2020 18 Weick: Thanks for that clarification Commissioner Von Oven. Reeder: So Mr. Chairman MacKenzie the overhang on the top of the roof is that a foot too? Is that what we’re saying that we’ll have it the same? Walters: Yes that is my intent. Dan Burke: The overhang on the main roof up above is a foot. So it’s just going to match it. Looks like it had been there. Reeder: I think that’s for staff consideration for the future things that we consider we’re matching existing things that were done, yeah. I’m comfortable with that. Weick: Other questions for our applicant? All very good so far. Okay hearing none thank you very much. Dan Burke: Thank you. Weick: Again we appreciate what you’re doing in the neighborhood. At this time I will open the public hearing portion of this item. Anyone present wishing to come forward and provide comment on this item may do so now. The call in number is on the screen. We’ll keep an eye on the phone and see if we get a caller and we did receive an email. It was in favor MacKenzie I believe of this variance. Walters: I will summarize it while we wait to see if we get any calls. This email is from Paula and Jack Atkins, 220 West 78th Street, Chanhassen. They support the variance request by Dan Burke for the house at 7701. They say he’s made great efforts to improve the quality and attractiveness of the neighborhood’s housing stock. They think the plan upgrades are tasteful and well thought out and they think these small lots and extraordinary setback requirements in this area are a hardship in and of themselves. Weick: Thanks MacKenzie and again that email will be summarized, or included in it’s entirety in the record as this item moves forward. Things are quiet I believe. Mr. Generous there’s no calls so with that and seeing no one come forward I will close the public hearing portion of this item and open it for commissioner discussion and/or a motion. I would just say based on what I’ve heard so far, I think what we would add to the motion is that we would, or a possible motion would read that we would allow the applicant to match the existing overhang. I think there’s, whether it’s a foot or 13 inches or whatever it is. I think in the spirit of this if we so desire the motion could be to match the existing architecture of the overhang with the porch. It sounds like that would be acceptable to city staff as well as the applicant. Chanhassen Planning Commission – July 7, 2020 19 Walters: Staff has directed a sample language where the commission would direct, would approve it subject to conditions of approval as amended. So maybe to direct staff to so amend it. We would alter the variance document and that would be able to go forward. Weick: That’d be even easier. Thank you. But before we jump to that, I don’t want to jump the gun if there’s any other comments or discussions. If not I certainly would accept a motion. Noyes: Commissioner Noyes here. I would propose a motion. The Chanhassen Board of Appeals and Adjustments approve a 40 foot front setback variance for the construction of an open porch subject to the conditions of approval as amended and adopts the attached Findings of Fact and Decisions. Weick: Thank you Commissioner Noyes. We have a valid motion. Do we have a second? Von Oven: Second. Weick: We have a second I believe from Commissioner Von Oven. Von Oven: Correct. Weick: Yes. Wonderful, thank you and with that we will open for any final comment or discussion for the record on the item. Hearing none we will have a roll call vote. Noyes moved, Von Oven seconded that the Chanhassen Board of Appeals and Adjustments approve a 40 foot front setback variance for the construction of an open porch subject to the conditions of approval as amended and adopts the attached Findings of Fact and Decisions. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Weick: I am also in favor which is a unanimous 6-0 decision in favor of the variance. Thank you to everyone involved. City staff as well as the applicant. Good luck. And look forward to seeing your improvements in the neighborhood. Thank you very much. With that we will move to the third and final item on tonight’s agenda. PUBLIC HEARING: CONSIDER AN AMENDMENT TO THE CHAPARRAL PLANNED UNIT DEVELOPMENT (PUD) ORDINANCE TO CORRECT A TYPOGRAPHICAL ERROR. Generous: Planning Commissioners, Planning Case 2020-10 is for an amendment to the Chaparral Planned Unit Development. Tonight’s the public hearing. It goes to City Council on July 27th. The City’s correcting this. We’ve had discussion with a property owner who would like to subdivide their land within part of Chaparral. However when you look at the ordinance we discovered that the intent portion of the ordinance and the permitted uses in the ordinance did not match and so we’re here to correct that. Chaparral subdivision is located east of Powers Chanhassen Planning Commission – July 7, 2020 20 Boulevard, south of Carver Beach, west of Kerber and Nez Perce. It’s a mixed use development. It has single family detached housing, twin homes and fourplexes within the development. It’s zoned planned unit development residential. It’s guided for residential low density and residential medium density in the 2040 Comprehensive Plan. This property started in the 80’s and it was approved for development. At the time they approved planned unit developments through development contracts rather than through zoning ordinances in establishing all the setbacks and height and coverage requirements. In 2012 the City went through the process of amending 43 residential planned unit developments to codify them to incorporate all the design standards that were in there. When we did this we picked up the intent portion which was the first and second phases had 95 and 74 single family homes but when we codified the permitted uses they only put the 74 homes from the 2nd Addition. This amendment will correct that. We’ll make a total of 169 single family homes permitted. Additionally the City approved addendums in 1988 and 1999 to govern the construction of decks and porches within the development. However that was not incorporated in the ordinance and so we want to bring that, put it all in one place so people know exactly what zoning, what the requirements are under their PUD. Those are the two corrections to the ordinance that we’re proposing. It doesn’t change any other intent or purposes. Any lot size. All of that would remain the same. We’ve had numerous calls regarding this ordinance. Once I found out what the correction was they had no issues. There was a question about existing non-conforming structures out there. Decks didn’t comply with those, with the addendum. What would happen. The City would treat those as legal non- conforming and so they would be able to maintain it. We would have all future development would have to comply if anyone wants to put in a new deck but anything that’s there could stay and be maintained including taking it out and replacing it with new material so everything would stay as it is. Again there’s two sections of the ordinance and it’s Permitted Uses B. We strike out the 74 single family homes and replace that with 169. And then we add the deck requirements so that’s what we’re proposing. We’re recommending that the Planning Commission recommend approval of the amendment to the Chaparral Planned Unit Development zoning to correct the internal inconsistencies and adopt the Findings of Fact and Recommendation. With that I’d be happy to answer any questions. Weick: And we’ll go ahead and open it right up to commissioners. Questions for Mr. Generous. Von Oven: I apologize if I’m sort of just repeating what you just said but just to clarify, by correcting this it will be as if the error was never made meaning all rules would stay the same. Anything that’s already happened has happened. Everyone’s good right? Generous: That’s correct. All the rules would be as it was originally approved so. Von Oven: Yeah, thank you. Weick: Great. Chanhassen Planning Commission – July 7, 2020 21 Reeder: Mr. Chairman I have no problem with this as long as the perpetrators of this drastic mistake have been…admonished for that. Weick: We will certainly attempt to do that now that it’s on the record. Any other concerns or comments or questions? Hearing none and with the City as the applicant, we’ve already heard from the applicant correct so we will open up the public hearing portion of this item. Anyone wishing to come forward and comment on this item may do so at this time. We are also displaying the call in number if you are watching from Zoom or from home. I don’t believe we had any email comment on this item, although you did mention we had some phone calls but you summarized that, yeah. I have delayed enough. Seeing no one come forward here in chambers and with nobody calling in on the telephone I will close the public hearing portion of this item and open for commissioner comments and/or a motion. If we could put that motion up. There we go. Skistad: I guess my only question is we didn’t catch anyone, I mean the decks or with how the decks are, we wouldn’t expect anyone to have built a different kind of deck so we should be, you know unless they came in with a variance right? Generous: Right. Skistad: Okay. Weick: Thank you. Any other comments, questions. I would also accept a motion. Von Oven: I’ll make a motion. The Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development-Residential zoning to correct the internal inconsistency and adopts the Findings of Fact and Recommendation. Weick: Thank you we have a valid. Oops what? We have a valid motion from Commissioner Von Oven. Do we have a second? Randall: I’ll second that. Weick: Sorry for jumping the gun there Commissioner Randall. Randall: That’s alright. Weick: We have a motion and a second. Any final comment for the record? And hearing none we will commence a roll call vote. Von Oven moved, Randall seconded that the Chanhassen Planning Commission recommends City Council approve the amendment to the Chaparral Planned Unit Development-Residential zoning to correct the internal inconsistency and adopts the Chanhassen Planning Commission – July 7, 2020 22 Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Weick: This item passes unanimously. Six ayes, zero nays. Thank you Mr. Generous. I’m sure future Planning Commissions will be happy we got this corrected for them. It will solve many problems. That is our final item this evening. APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary Minutes of the Planning Commission meeting dated June 16, 2020 as presented. ADMINISTRATIVE PRESENTATIONS. Weick: Any administrative updates? Generous: We haven’t been sending much to the City Council so I don’t have anything to add. I do have some bad news. There’s no meeting on the next meeting in July and the first meeting in August. We didn’t have any applications. We anticipate a couple for the second meeting in August so, but they still have another week and a half. Walters: July 17 th I believe. Generous: Is for submittals. Weick: Okay. Generous: We’ll let you know. Weick: We will stay on notice. Thank you. Generous: And then if anyone’s going to be gone on the August 18th meeting if they could let us know early so. Weick: Okay. We will do that. So check your calendars. We have a little bit of time but let Kate know if you won’t be able to make August 18th. Any presentations from the commissioners? Comments. Certainly want to give everyone a chance to be heard. With that I would accept a motion for adjournment. Reeder moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:20 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim