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CC Minutes 7-27-20Chanhassen City Council – July 27, 2020 23 2. The applicant shall adjust the drainage and utility easements to fully encompass the delineated wetland on the property. 3. A surface water management fee in the amount of $9,800.86 shall be paid prior to recording the subdivision. 4. The proposed development will trigger Rule C-EPSC, Rule D-Wetland and Creek Buffers, and Rule J-Stormwater Management, for the Riley, Purgatory, Bluff Creek Watershed District and must receive a permit from them. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. 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). Mayor Ryan: Ms. Aanenson are we having somebody join via Zoom on this one? Kate Aanenson: Yes. They should be on Zoom. So this is an application for a conditional use permit for food processing, Hemp Acres. Owner Capstone Investors LLC. This item did appear before the Planning Commission on July 7th and before you tonight. Just a little bit of background on this project. This is the old Gedney Pickles site. It’s actually the most southeasterly terminus of the city of Chan. Excuse me, southwesterly terminus of the city of Chanhassen and this building goes back quite a ways. Back to 1958 and then ’63 when the City of Chaska and Gedney entered into a sewer agreement. It’s actually being sewered by the City of Chaska. Ultimately when we have sewer and water going down 61 we will provide municipal services so we had that discussion with the applicant so it is a conditional use for the business being proposed. The food processing. It is the owner’s intent to do food processing for the hemp seeds. Again it’s used for food purposes so the conditional use is actually for the food processing and the outdoor storage for six silos so when we first met with the applicant we went to the existing business and it’s actually regulated by the Department of Agriculture and he’s looking for additional kind of farm to market. It’s an increasing production so he was looking for storage and looked at a number of cities and we’re happy to kind of that match up. When Gedney had left this spring to match or last fall we matched this user up with this building so he’s taking the 50,100 square feet and again it’s the River Valley Business Center and ultimately the entire building is about 180,000 square feet so it’s kind of an interesting parcel. This part is owned by Chaska. The rest of this, this is the existing, you can see the Gedney getting access via Audubon and also off of Stoughton. The Minnesota Valley Electric has a substation right here so there’s some storage being used in this building right now but the food processing will be on this side of the building. So this is the alter survey. There’s a lot of stuff going on in this. It’s an existing so again the applicant’s proposing to remodel the existing side of the building. He’s Chanhassen City Council – July 27, 2020 24 got a building permit and if it wasn’t for the outdoor storage and it’s consumable so we have this would be similar to General Mills who’s actually doing production. Trucks coming so it was one of the things that we looked at so we wanted him to conditional use for the six silos so that gave him confidence as he moves forward. He wouldn’t have to keep coming back so that gives him room to grow which you know he has stated to us that ultimately he could have 25 to 50 employees there as he grows so the food production for the consumer is the first phase but there’s other things you can do with the by products of the hemp seeds. So we’re excited that he chose to land in this spot. I think the Planning Commission did hold the public hearing and they recommended unanimously to approve it so it’s consistent with the land use. Office industrial and that’s our long term use for the site too. Again the food processing and the outdoor storage is the conditional use in the IOP district so as I mentioned this is on the far westerly side of the building. Ultimately hope over time that we can get some up ticks to the exterior of the building as the applicant continues to expand in the building itself. So here’s a schematic of how the silos would look. We asked him to do some illustrative so you could see. We want to make sure that typically we do have a few other silos in town that are for food processing or maybe for oil storage just to see what they would look like from the exterior. Again it fits in with that existing, the existing uses down there like the Minnesota Valley Electric area. Floor plan. Mayor Ryan: How is the height comparison to other structures in that area? Kate Aanenson: They’re similar. They’re similar. Mayor Ryan: Okay. Kate Aanenson: So again site access, one of the things we did ask them to look at too is on, you know for them getting to farm to market, this was a great location. They get right onto Audubon/212 so this definitely met their needs. So again the Planning Commission voted 6 to 0 and then we are recommending and if you wanted to ask Mr. Levine if he wanted to say a few words. I think he should be on Zoom. Mayor Ryan: Sure. Mr. Levine we would love to hear more about your business. Jake Foster: Matt just stepped outside… Kate Aanenson: We talked to him earlier in the day. We’ve had a couple conference calls with him. He was at the Planning Commission and if you saw the Minutes attached he put out at length explaining what he does. It’s very, very interesting the food processing so it’s used as a protein so again some of the by products are that he explained to us so he can ultimately use so he’ll be doing some additional storage so they’re pretty excited that like I say he had looked at some other locations that promised him all kinds of assistance and never came through. We didn’t offer him any assistance. We just tried to help him through the process so excited that he’s here. Chanhassen City Council – July 27, 2020 25 Mayor Ryan: Perfect. I mean I know it’s in the report so I’m familiar with this business but it would have been, because it is fascinating and I think to some people possibly confusing on what it is or what it’s not and so I was hoping for a little explanation but I think there was actually something written in the paper about it as well so, but we’ll just read about it online and if there’s anything else council you have any questions for Ms. Aanenson. No? Alright with that I would entertain a motion. Councilwoman Tjornhom: I’ll make a motion. I’d like to make a motion that the 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 Findings of Fact. Mayor Ryan: Thank you. Do we have a second? Councilman McDonald: Second. Mayor Ryan: Thank you Councilman McDonald. Councilwoman Tjornhom moved, Councilman McDonald seconded that the Chanhassen City Council 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 and adoption of the Planning Commission’s Findings of Fact: 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. Chanhassen City Council – July 27, 2020 26 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. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. RECOMMENDING CHANHASSEN RESIDENTS AND VISITORS WEAR MASKS. Mayor Ryan: And then the last item for new business is a resolution about wearing masks. Quick background. We obviously two weeks ago we were in a different, like we were talking about with the roads, things change daily. Two weeks ago council didn’t take any action on masks nor was it on our agenda but I know we all received a lot of phone calls and emails and comments about that the council should take this issue up. In the meantime I had asked staff to put together a resolution with a recommendation just to have an opportunity for us as council to discuss. Obviously in the last week the Governor took action for the State of Minnesota and is now mandating masks for folks across the state to wear masks and real briefly, so beginning on Friday, July 24th, 2020 at 11:59, this is Executive Order 20-81. Minnesotans must wear face covering indoor businesses and indoor public settings as described in this order and related to industry guidance available at the Stay Safe Minnesota website. Workers must also wear face coverings outdoors when it is not possible to maintain social distancing and so obviously this information is available online but the Governor came out with this mask mandate. I know that there has been a lot of information available for people to read so this resolution is not valid anymore because the Executive Order obviously supersedes this resolution so the only action that we need tonight by council is to table this resolution indefinitely or until a further need arises but that’s all we need to do for, as it relates to masks. So if anyone wants to make a motion to table that. Councilman Campion: I will make a motion. Mayor Ryan: Councilman Campion. Councilman Campion: I move to indefinitely table this item. Mayor Ryan: We have a valid motion. Is there a second?