Staff Report_Control Concepts VarianceCITY OF CHANHASSEN
PC DATE: August 7, 2018
CC DATE: August 13, 2018
REVIEW DEADLINE: September 17, 2018
CASE #: 2018-11
BY: JA, GB, RG, DN, JS, VS
SUMMARY OF REQUEST: The applicant is requesting a setback variance to permit the
construction of retaining walls within the 40-foot Bluff Creek Primary zone setback as part of the
site plan for a 54,600 square-foot, two story office-warehouse-manufacturing building.
LOCATION: Lot 2, Block 1, Arboretum Business Park 7th Addition (PID 25.0680020)
8077 Century Boulevard
APPLICANT: Bauer Design Build Zion Investments, LLC
14030 21st Avenue N. 7014 Willow Creek Road
Plymouth, MN 55447 Eden Prairie, MN 55344
(763) 999-7217 (952) 474-6200
mikel@bauerdb.com cwatkins@ccipower.com
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends approval of a Bluff Creek primary zone
setback variance to construct retaining walls in the required setback subject to the conditions of
approval and adoption of the findings of fact and recommendation.”
Planning Commission
8077 Century Boulevard – Control Concepts
August 7, 2018
Page 2 of 6
PRESENT ZONING: Planned Unit Development (PUD)/Bluff Creek Overlay District (BCOD)
2020 LAND USE PLAN: Office Industrial
ACREAGE: 5.23 acres DENSITY: 0.24 F.A.R.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city’s discretion in approving or denying a Variance is limited to whether or not the
proposed project meets the standards in the Zoning Ordinance for a variance. The city has a
relatively high level of discretion with a variance because the applicant is seeking a deviation
from established standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
APPLICABLE REGULATIONS
Chapter 20, Article 2, Division 3, Variances
Chapter 20, Article XXXI, Bluff Creek Overlay District
Arboretum Business Park Development Standards
BACKGROUND
On July 17, 2018, the Planning Commission recommended approval of the site plan for Control
Concepts. One of the conditions was that the developer address the location of the trail relative to
the 17-foot retaining wall: “Add detailed design for the retaining wall including a profile,
proposed construction materials, and railing/fence. The trail is designed to be on the bottom side
of a retaining wall that has portions of it detailed to be 17 feet in height. The safety of the users
of the trail needs to be coordinated.” Additionally, the developer was directed to consider
adjustment of the site design to facilitate maintenance and snow removal.
On May 29, 2007, the Chanhassen City Council approved the following:
Preliminary and final plat for two lots and one outlot (Arboretum Business Park 7th Addition).
Conditional Use Permit for development within the Bluff Creek Corridor.
Site Plan for a 51,800 square-foot office/warehouse building (Mamac Systems) with a variance
to permit only 32 percent building transparency on the western building elevation and with a 20-
foot setback variance for the drive aisle in the southeast corner of the site for development
within the Bluff Creek Corridor on Lot 1, Block 1, Arboretum Business Park 7th Addition
(Planning Case #2007-10).
Planning Commission
8077 Century Boulevard – Control Concepts
August 7, 2018
Page 3 of 6
On September 24, 2001, the Chanhassen City Council approved Interim Use Permit (IUP)
#2001-1 to grade a portion of the Arboretum Business Park development and Conditional Use
Permit (CUP) #2001-8 to permit development within the BCOD. The IUP and CUP included
this property.
DISCUSSION
The applicant is requesting approval to locate retaining walls within the 40-foot Bluff Creek
primary zone setback to facilitate the construction of the parking lot for the development as well
as accommodating the wetland trail to the Chanhassen Nature Preserve. This revised plan was in
response to discussion as part of the site plan review public hearing. The intent was to create a
better pedestrian environment on the trail by reducing the 17-foot tall retaining wall on the uphill
side of the trail. The revised staged walls will create a mini-overlook of the wetland, being 10
feet above the bottom of the lower retaining wall in the area of the northeast corner of the
parking lot.
Site Constraints
Wetland Protection
The City of Chanhassen Wetland Inventory, the National Wetland Inventory, a review of historic
aerial photography and a site visit reveal that wetland is present on the site. The applicant has
submitted a wetland delineation and type determination for city review and approval.
Bluff Protection
There are no bluffs present on the site.
Bluff Creek Primary Zone
The eastern portion of the site is located within the Bluff Creek Primary Zone. A CUP was
approved in 2007 for development in the overlay district. This area is proposed for preservation
as permanent open space. A 40-foot structure setback with the first 20 feet in buffer is required.
A trail connection is required by the city from Century Boulevard to the existing trail around the
wetland complex.
EASEMENTS
A permanent trail easement will be required over the city’s trail that will cross through the
property.
Planning Commission
8077 Century Boulevard – Control Concepts
August 7, 2018
Page 4 of 6
GRADING
The revised grading plan shows two main retaining walls between the wetland and the parking
lot. The proposed trail is located between the two retaining walls with two-foot buffer strips on
each side of the trail. The overall elevation difference is split fairly equally between the two
walls to allow the trail to maintain an appropriate grade. The upper wall is about eight feet in
average height near the wetland and considerably shorter than was previously proposed. The
parapet design in conjunction with a fence shall be added to the upper wall to protect the users of
the trail from miscellaneous debris or snow coming over the upper edge above their heads. The
lower wall shall incorporate an open railing style to allow snow to be moved through it when the
trail is being maintained. A cut section should be detailed on the plan through the retaining wall
and trail area to provide additional visualization of the design.
The designer should consider maintenance for the site and determine if additional snow storage
volume is needed. The available site area has been maximized and only minimal areas remain in
which snow can be temporarily stored. The wall design in the southeast corner of the site could
be adjusted to accommodate additional snow storage in the setback area for the BCOD. The
snow storage calculation should be provided to the City for review or the information could be
added to the drawing.
A restoration plan for the area within the buffer areas for the wetland and the BCOD shall be
provided.
Planning Commission
8077 Century Boulevard – Control Concepts
August 7, 2018
Page 5 of 6
MISCELLANEOUS
Retaining walls over 4 feet in height require an engineered design and a building permit.
PARKS & RECREATION
The applicant is proposing a trail connection to the trail within Century Boulevard and the trail
located within the Bluff Creek primary zone. In reviewing the original trail submittal, there was
concern that the trail was located next to a 17-foot tall retaining wall. One suggestion was to
have a staged retaining wall that would create a more pedestrian friendly environment.
TREE PRESERVATION
The rear wooded area on the lot is within the BCOD. This wooded area is in the primary zone
and shall be preserved with the exception of the public trail connection. To ensure the most
minimal impacts to the existing woods within the BCOD, staff recommends that the trail
alignment be field checked before any construction begins. Staff and developer can verify trees
to be removed or preserved along the trail construction route.
RECOMMENDATION
Staff recommends that the Planning Commission approve variance to permit construction of
retaining walls within the Bluff Creek primary zone setback as shown in the plans prepared by
Loucks, dated 06-15-2018, revised 7-12-18, subject to the following conditions:
Building
1. Retaining walls over 4 feet in heights require an engineered design.
Environmental Resources
1. The applicant shall coordinate a trail inspection with the city arborist to review tree
removals prior to any trail construction activities.
2. Tree protection fencing must be installed at the edge of grading limits along the trail.
Parks
1. The developer shall be responsible for planning, engineering, and constructing the
“wetland trail.” Connection points for this new trail shall be the terminus of the Trotters
Ridge trail and the intersection of Century Boulevard and Water Tower Place. Bid
documents, including plans and specifications, shall be approved by the Park &
Recreation Director and City Engineer prior to soliciting bids. Project bidding shall
occur in a competitive environment with a minimum of three bids being received. The
Planning Commission
8077 Century Boulevard – Control Concepts
August 7, 2018
Page 6 of 6
results of the bidding process shall be reviewed with the Park & Recreation Director and
City Engineer prior to award. Cash payment for trail construction shall be made from the
City of Chanhassen to the developer upon completion, inspection, and acceptance of the
trail.
2. Trail easements within Lot 2, Block 1, Arboretum Business Park 7th shall be dedicated to
the city to accommodate the “wetland trail”.
Water Resources and Engineering
1. The limits of the Bluff Creek Overlay District (BCOD) shall be identified throughout the
plan set.
2. Add detailed design for the retaining walls including a profile, proposed construction
materials, and railings/fences.
3. Add cut sections through the retaining walls and the trail to provide for easier
visualization and enhance constructability.
4. Create a parapet design along the upper wall when it is above the trail.
5. Extend the silt fence installation as appropriate to protect from construction.
6. Identify snow storage locations on the plans.
7. Provide a restoration plan for grading in the wetland buffer and in the Bluff Creek
Overlay District (BCOD) buffer.
8. The proposed redevelopment will need Riley-Purgatory-Bluff Creek Watershed District
(RPBCWD) permits.
9. It is the applicant’s responsibility to ensure and submit proof that permits are received
from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers,
DNR, MnDOT, Carver County, RPBCWD, Board of Water and Soil Resources, PCA,
etc.).
10. The grade through the ADA areas of the parking lot shall be a maximum of 2% slope in
any direction. The point elevations should be re-checked. Add this code requirement in a
note on the plans.
g:\plan\2018 planning cases\18-11 control concepts - site plan review\variance 18-11\staff report control concepts var.doc