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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