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5 Clearwater Development5' CITYOF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952~227.1125 Fax: 952.227.1110 Web Site www. ci.chanhassen.mn.us MEMORANDUM TO: FROM: DATE: Todd Gerhardt, City Manager Sharmeen A1-Jaff, Senior Planner~j~[~, July 14, 2003 SUB J: Clearwater Development Proposal EXECUTIVE SUMMARY The applicant is requesting multiple application approvals. They include Replat of an outlot and a lot into 3 lots; Site plan review for a car wash, coffee shop with a drive-thru/convenience/gas station, and two multi-tenant buildings; a Planned Unit Development Amendment to allow a drive-thru, establish sign criteria for the center and parking setback; a Conditional Use Permit to allow the construction of a Convenience Store with gas pumps. Also, on July 2, 2003, staff received a memo from MnDOT prohibiting the Right In/Out. access on Century Boulevard. Staff amended the conditions of approval to allow the Right In/Out access on Century Boulevard be' pe~tted contingent upon MnDOT appro;~al. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on June 17, 2003, to review the proposed development. The main point of discussion at the Planning Commissi°n meeting dealt with amending the Planned Unit Development to allow a drive-thru coffee shop. The Planning Commission voted to deny the drive-thru. The applicant wishes to pursue the option of amending the PUD to allow it. Staff has highlighted this language in bold. Should the Council wish to deny the PUD amendment for a drive-through, the bold section should be eliminated from the motion. The summary and verbatim minutes are attached. RECOMMENDATION Staff and the Planning Commission are recommending approval of the four motions. Staff has prepared motions for both approval and denial of the drive-thru. The City of Chanhassen * A growing community with clean lakes, qualily schools, a charming downtown, thriving businesses, winding trails, and beautilul parks. A great place to live, work, and play. CITY OF P.C. DATE: 6/17/03 C.C. DATE: 7/14/03 REVIEW DEADLINE: 7/15/03 CASE: 03-6 Site Plan 2003-8 SUB 2002-2 and 1999-2 PUD 2003-2 CUP BY: A1-Jaff:v STAFF REPORT PROPOSAL: 1. 2. 3. 4. LOCATION: Planned Unit Development Amendment to allow a drive-thru, establish sign criteria for the center, and parking-setback. Replat of Outlot D, Arboretum Village and Lot 1, Block 4, Vasserman Ridge (4.79 acres), into three lots. A Conditional Use Permit to allow the construction of a Convenience Store- with gas pumps. Site Plan Review for the construction of three multi-tenant buildings, one of which contains a convenience store with gas pumps, a coffee shop with a drive thru, and a car-wash. North of Highway 5, East of Century BouleVard and SoUth of West 78th Street. raj APPLICANT: North Coast Partners % Clearwater Development Scott Schmitt 24 South Olive Street Suite 105 Waconia, MN 55387 (952) 442-8799 Property Owners Pulte Homes of MN Corp 815 Northwest Parkway Suite 140 Eagan, MN 55121 (651) 452-5727 Lundgren Bros. 935 E. Wayzata Blvd. Wayzata, MN 55391 (952) 473-1231 PRESENT ZONING: PUD, neighborhood commercial 2020 LAND USE PLAN: Commercial ACREAGE: 4.79 acres SUMMARY OF REQUEST: Replat of an outlot and a lot into 3 lots; Site plan review for a car wash, coffee shop with a drive-thndconvenience/gas station, and two multi-tenant buildings; a Planned Unit Development Amendment to allow a drive-thru, establish sign criteria for the center and parking setback; and a Conditional Use Permit to allow the construction of a convenience store with gas pumps. Staff is recommending approval of the application. · m Boulevard . ~ ~ R.~dge Ct 5 Aut~'mn R!dge Ln Place /]~ 6Autl mn R~dge Way Clearwater Development June 17, 2003 Page 2 Notice of this public hearing has been mailed to ail property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi-judicial decision. The City has a relatively high level of discretion in approving rezonings, PUDs, and amendments to PUDs because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. 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. BACKGROUND On August 26, 2002, the Chanhassen City Council approved the final plat for Vasserman Ridge (Phase I), a portion of the site creating 22 lots including 20 twin home lots and 2 single-family lots. The plat includes 10 lots in Block 1, 12 lots in Block 2, one lot in Block 3 (association park), one lot in Block 4 (commercial site), and three outlots. Outlots A-C are for entrance monuments and Outlot D is the remainder of the development to be platted at a future date. On March 12, 2001 the city council approved the following items for Arboretum Village: A Comprehensive Land Use Amendment from low density residential to medium density residential and medium density residential to commercial; and approved the ordinance for a Planned Unit Development rezoning property from A2-Agricultural Estate and RR- Rural Residential to PUD-Planned Unit Development. · A Conditional Use Permit for subdivision in the Bluff Creek Overlay District. · The preliminary plat dated October 23, 2000, revised February 1, 2001 and March 5, 2001, for the subdivision of 120.93 acres into 2 additions; 1st Addition has 61 blocks including 164 units and Outlots A-F, and the 2~a Addition has 35 blocks including 178 units and Outlots A-B with modifications · Site Plan Review #99-21 for 20 club homes, 98 manor homes, 68 coach homes, 164 village homes. · Wetland Alteration Permit//00-4 to fill .54 acres of wetlands in two separate basins Clearwater Development June 17, 2003 Page 3 The current proposal is the commercial portion for both Planned Unit Developments. Staff urged the applicant to submit a design for both parcels concurrently. These parcels share an access and should be reviewed together. PROPOSAL/SUMMARY The request consists of multiple applications to facilitate the construction of three multi-tenant buildings, one of which contains a convenience store with gas pumps, a coffee shop with a drive thru, and a car-wash. The site, with an area of 4.79 acres, is located north of Highway 5, east of Century Boulevard and south of West 78th Street. Access to the site is via a full access curb cut off of West 78th Street and a right in/out off of Century Boulevard. The site is zoned Planned Unit Development- Neighborhood Commercial. The subdivision request is a straightforward action consisting of replatting Outlot D, Arboretum Village and Lot 1, Block 4, Vasserman Ridge, into three lots. Each parcel will house a multi-tenant building. Lot 2 will also house gas pumps and a car wash. The site plan review is for the construction of the buildings. The main material on all buildings is brick. Accents are provided through the use of EIFS, a staggered roofline, recessed walls, awnings, windows, and pronounced canopies at the entrances of the buildings. The Planned Unit Development amendment is to allow a drive- thru in the Arboretum Village PUD Standards, establish sign criteria for the center, and clarify parking setbacks. The Conditional Use Permit is to allow the construction of a convenience store with gas pumps in a neighborhood oriented commercial PUD district. Parking for vehicles is mainly located east and west of the site and along the dividing property line between Lots 1 and 2. A main drive aisle, running east/west, will serve the property. Parking is located on both sides of this drive aisle. Staff has been working with the applicant for several months. They have been very cooperative and have implemented staff's recommendations into the plans. Topics of discussion included parking, materials, Highway 5 Overlay District, design standards, standards associated with this specific development, and protecting the residential neighborhoods to the north. Building "A" hides the majority of the parking lot located on the westerly portion of the site, and the portion that abuts West 78th Street is screened by landscaping. Staff will require berming and additional landscaping along Highway 5 and Century Boulevard. As mentioned earlier, staff and the applicant discussed the number of parking spaces required by ordinance. The development is proposing to share parking; however, two proposed restaurants in Building "C" will serve liquor. Clearwater Development June 17, 2003 Page 4 The parking was calculated using the criteria for buildings that do not serve liquor. Staff is recommending the applicant reduce the size of Building "C" to bring parking into compliance. A pedestrian trail runs on the north side of West 78th Street and east side of Century Boulevard. Sidewalks surround each of the buildings. The one lacking item is connections between the exterior and interior sidewalks. Staff is recommending connections as shown in Attachment 1. The current hard surface coverage is 68.3%. The PUD allows up to 70% hard surface coverage. These connections can be accommodated. The main entry doors into the buildings will be used as service doors with the exception of Building "C." The service doors are located along the northwest elevation. All doors in the entire development will be glass doors. One trash enclosure is shown for the entire development, located along the northeast comer of the car wash. The enclosure shall be built of materials to match the buildings. Staff is also recommending the applicant provide additional detail on the trash enclosure for Building "C." Standard restaurants are permitted in these PUDs; however, an on-sale intoxicating liquor license must be requested from the city. A public heating will be scheduled before the City Council when the applications are received. Staff regards the project as a well designed development. The overall design is sensitive to the Highway 5 corridor's image. The major issues staff has are the yellow canopy and pumps, the roof on Building B, and the drive thru coffee shop. Based upon the foregoing, staff is recommending approval of the site plan, subdivision, planned unit development amendment, and conditional use permit, with conditions outlined in the staff report. PUD AMENDMENT The Planned Unit Development Amendment is to allow a drive- thru, establish sign criteria for the center, and parking setbacks. PERMITTED USES Both PUDs have the following language pertaining to permitted uses in the commercial portion of the developments. The permitted uses within the neighborhood commercial zone should be limited to appropriate commercial and service uses consistent with the neighborhood. The uses shall be limited to those as defined herein, lf there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on this outlot shall be low intensity neighborhood-oriented retail and service establishments to meet daily needs of residents. Such uses may include small to medium-sized restaurants (no drive- thru windows), office, day care, neighborhood scale commercial, convenience store, churches, or' Clearwater Development June 17, 2003 Page 5 other similar type and scale uses as described in the Comprehensive Plan. No single use shall exceed 5,000 square feet. The applicant is proposing a drive thru window for the coffee shop. The window is completely hidden from views and is an extension of the building. The roof of the building extends over the drive thru. A wall with glass panels screens the window, making it invisible. Staff had lengthy discussions with the applicant regarding the drive- thm windows and explained that we do not wish to create a precedent. There are no other food drive- thrus in any of the neighborhood commercial districts in the city. The applicant requested to pursue this option, and to their credit, have created a design that is sensitive to the city's concerns. Should the City agree to approve this amendment, the language dealing with drive- thru windows should be amended in the Arboretum Village PUD to read "no drive- thru windows unless it is completely hidden from views, has walls on two sides of the drive- thru lane, is attached to the main building, and the roof of the building extends over the drive- thru. The exterior wall of the drive- thru shall contain the same level of architectural detail as the rest of the building and as described in the design standards of the City Code." SIGNAGE The PUD agreements for both the Arboretum Village and Vasserman Ridge do not address signage. Staff is proposing to amend both agreements to include these standards. The applicant has proposed signage; however, it is not in compliance with ordinances. Staff has prepared criteria for the center and is recommending the signs be designed and placed accordingly. This criteria has been discussed with the applicant. Monument Signs: To avoid any disturbance to the residential neighborhood to the north, the applicant has agreed not to place any signs facing north. Each lot is permitted one sign per street frontage. Each lot has two street frontages, resulting in 6 signs. Staff is recommending Lot 1 have no monument signs. In return, the applicant shall be permitted to place a 10 foot high sign with an area of 48 square feet along Highway 5, on Lot 2. Lot 2 will contain 1 monument sign at the intersection of Highway 5 and Century Boulevard. The height of the sign shall not exceed 5 feet with an area of 24 square feet. Lot 3 will have 1 monument sign, facing Highway 5. The height of the sign shall not exceed 5 feet with an area of 24 square feet. All signs shall be built of materials similar to those used on the exterior of the buildings and complement their architectural design. The signs must maintain a 10 foot setback from the property lines. Wall Mounted Signs: Each building is permitted signage facing street frontage. Entrances into two of the buildings face the parking lot and signage should be placed accordingly (above the Clearwater Development June 17, 2003 Page 6 entrances of the building). No signage will be facing north to protect the residential neighborhood. Staff is recommending the following: Building "A" shall be permitted signage along the south and west elevations only. · Building "B" shall be permitted signage along the west and south elevations only. · The gas pump canopy shall not be permitted to have any signage. · The car wash shall be permitted to have one sign along the south or east elevation. · Building "C" shall be permitted signage along the west and south elevations only. All signs require a separate permit. The signage will have consistency throughout the development and add an architectural accent to the buildings. Consistency in signage shall relate to color, size, materials, and heights. Back-lit individual letter signs are permitted. Individual letters may not exceed 30 inches in height. Only the name and logo of the business occupying the building will be permitted on the sign. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff, should be provided prior to requesting a sign permit. SETBACKS The PUDs have the following setback requirements. c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback Required Minimum Proposed From Collector Street 50 feet 50+ feet From Exterior Lot Lines 30 feet 30 feet Interior Public Right-of-Way 30 feet ** NA Hard Surface Commercial 70% 68.3% This table is silent on parking setbacks. The city code allows parking to maintain a 10 foot setback from property lines if they are fully screened. Staff is recommending the applicant submit revised landscaping plans incorporating berms and landscape materials that will fully screen the parking lot. The amended/added parking lot setback shall read, "Parking setbacks Clearwater Development June 17, 2003 Page 7 shall be permitted to be reduced to 10 feet from exterior property lines provided they are screened." SUBDIVISION The applicant is requesting preliminary plat approval to replat 4.79 acres into three lots. The site is zoned Planned Unit Development-Neighborhood Oriented Retail District and is located north of Highway 5, east of Century Boulevard, and north of West 78th Street. Lot 1 is proposed to be the future site of multi-tenant building "A" with an area of 1.26 acres. Lot 2 is proposed to house a convenience store with gas pumps, a coffee shop with a drive thru and a car wash. LOt 2 has an area of 1.57 acres. Lot 3 will house Building "C" which will be occupied by two restaurants. Lot 3 has an area of 1.95 acres. The ordinance states that, "All lots shall abut for their full required minimum frontage on a public street as required by the zoning ordinance; or be accessed by a private street; or a flag lot which shall have a minimum of thirty feet of frontage on a public street." All three lots have street frontage. Access, on the other hand, is mainly gained from West 78th Street via a private street and a cross access agreement between the properties. Private streets are permitted in this district if the following conditions exist: The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination the city may consider the location of existing property lines and homes, local or geographic conditions, and the existence of wetlands. After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. 3. The use of a private street will permit enhanced protection of the city's natural resources including wetlands and forested areas. A public street is not required to serve these parcels. In fact, the majority of our commercial establishments have cross access easements, share curb cuts and access (Market Square, Chanhassen Retail, Frontier, Byerly's, Crossroads Plaza, etc.). Access to the subdivision will be provided via a full access curb cut off of West 78th Street and a right in/out only off of Century Boulevard, The subdivision request is a relatively straightforward action and staff is recommending approval with conditions. Clearwater Development June 17, 2003 Page 8 SUBDIVISION FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; o o 4 o o Finding: The subdivision meets the intent of the city code subject to the conditions of the staff report and the PUD. ° The proposed subdivision is consistent with ail applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with applicable plans. The physical characteristics of the site, including but nOt limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposai, streets, erosion control and ail other improvements required by this chapter; Finding: The proposed subdivision will be served by adequate urban infrastructure. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause environmental damage subject to conditions of approval. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide ail necessary easements. The proposed subdivision is not premature. A subdivision is prematUre if any of the following exists: ao Lack of adequate storm water drainage. Lack of adequate roads. Lack of adequate sanitary sewer systems. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision is provided with adequate urban infrastructure. Clearwater Development June 17, 2003 Page 9 CONDITIONAL USE PERMIT Convenience stores with gas pumps are permitted as a conditional use permit in the Neighborhood Business district. The following constitutes our findings: GENERAL ISSUANCE STANDARDS Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Finding: The proposed use will not create any significant or unexpected impacts with the incorporation of staff's conditions. The use will provide a convenient location for residents in the area to purchase gas and convenience shop. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The proposed use is consistent with the City Comprehensive Plan. 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. Finding: The site is surrounded by highly traveled roads. The proposed use is permitted within the underlying district as a conditional use. It will be compatible with the area. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The use will provide a convenience for existing or planned neighboring uses. o 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. Finding: Public utilities and infrastructure are available to the site. The site will be able to accommodate 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. Finding: Staff is not aware of any excessive requirements for public facilities. Clearwater Development June 17, 2003 Page 10 o 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. Finding: This site will not create adverse impacts to persons, property or the general welfare of the area. The proposed use will comply with city ordinances. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The site is accessible from West 78th Street and Century Boulevard. Staff is taking measures to prevent potential traffic problems at the intersection of West 78th Street and Century Boulevard by adding a "No U Turn" sign. o Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The development of this site will not result in the loss of any features. The site was previously graded. The proposed development will add landscaping to the site. 10. 11. 12. Will be aesthetically compatible with the area. Finding: The proposed use will be compatible with the area. Will not depreciate surrounding property values. Finding: The use will not depreciate surrounding property values. Will meet standards prescribed for certain uses as provided in this article. Sec. 20-288. Convenience store with gas pumps. The following applies to convenience stores with gas pumps: (1) No unlicensed or inoperable vehicles shall be stored on premises. (2) No repair, assembly or disassembly of vehicles. (3) No public address system shall be audible from any residential parcel. (4) Gas pump stacking area deemed to be appropriate by the city shall not intrude into any required setback area. (5) No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles, or all-terrain vehicles. (6) Facilities for the collection of waste oil must be provided. (7) Gas pumps and/or storage tank vent pipes shall not be located within one hundred (100) feet of any parcel zoned or guided for residential use. Clearwater Development June 17, 2003 Page 11 (8) A minimum separation of two hundred fifty (250) feet is required between the nearest gas pumps of individual parcels for which a conditional use permit is being requested. Finding: Staff will incorporate these conditions as recommended conditions of approval for the CUP. As to the location of the nearest gas pumps on other parcels within the vicinity, Citgo and Kwik Trip are located more than half a mile from the subject site. Based upon the foregoing findings, staff is recommending that the conditional use permit be approved with appropriate conditions. GENERAL SITE PLAN/ARCHITECTURE Building "A" is proposed to house multi-tenants with a total area of 13,192 square feet. The main material on the building is brick. Windows, doors and design articulation are shown on all four sides of the building. Building "B" is proposed to house a convenience store with gas pumps (which requires a conditional use permit), a coffee shop with a drive thru window (which requires a PUD amendment), and a car wash. The main building has an area of 5,472 square feet. The car wash is an accessory use to the convenience store with gas pumps and is a permitted use. Recent examples include Kwik Trip and Arboretum Citgo. Clearwater Development June 17, 2003 Page 12 Building "C" is proposed to house two restaurants, which are permitted uses in this district. The building has an area of 7, 200 square feet. The site is visible directly from Highway 5 and has full access from West 78th Street. The site plan is reasonably well developed. The buildings are proposed to utilize two shades of brick as the main material. Accents are provided through the use of stucco, a staggered roofline, recessed walls, awnings, windows, and pronounced canopies at the entrances of the building (samples of the materials will be provided at the meeting). Parking for vehicles is located within the east and west portions of the site. Staff is recommending the applicant screen the parking lot from Highway 5 through the use of landscaping and berming. ARCHITECTURAL COMPLIANCE Size portion Placement Entries: The buildings have pronounced entrances. Articulation: The buildings incorporate adequate detail and have been designed very tastefully. The architectural style is unique to the buildings but will fit in with the surrounding area. The buildings will provide a variation in style through the use of brick, stucco, glass, and canopies. Glass is used for service doors giving the buildings an elegant look. None of the elevations appear as a service area. The buildings are utilizing exterior materials that are durable and of high quality. Samples of the materials as well as a rendering will be available at the meeting. Lighting: A parking lot light plan is required. The plan should incorporate the light style and height. Signs: A detailed sign plan which includes the lighting method will also be required. Individual channeled letters with the option of back lighting are permitted. Material and detail Color High quality materials - accent material may occupy up to 15 percent of the building's faqade. The buildings will utilize brick as the main material. Stucco is an accent material although it is permitted as a main building material. Rock face block is used along the lower portion of the buildings. The colors chosen for these buildings are earth tones. The selection is unique but blends in with the surrounding buildings. The one area that uses a bright color is the canopy and the pumps. The color is proposed to be a bright yellow. The design Clearwater Development June 17, 2003 Page 13 standards state that, "bright or brilliant colors be used for accent purposes." The sign ordinance prohibits wall graphics and design treatments depicting corporate logos and company symbols. If the Planning Commission chooses to allow the band, the ordinance should be amended to allow corporate colors and symbols as a permitted use. Staff is recommending the sign (Shell) on the canopy be removed. Hei~,ht and Roof Design The buildings fall within the Highway 5 Overlay District, which limits the height of the buildings to 3 stories or 40 feet. The buildings are proposed not to exceed 33.4 feet at the top of the pitched roof element. The roofline is staggered adding articulation to the design of the building. All roof top equipment must be screened from views. The ordinance requires a pitched element on buildings. This can be achieved through roof design or awnings. Buildings "A" and "C" comply with this requirement. Building "B" needs to incorporate a pitched element. Facade transparency All facades viewed by the public contain more than 50 percent windows and/or doors with the exception of the car wash. The aPPlicant has introduced landscaping, in addition to windows, to break up the wall and soften the look. The applicant has failed to show the west and north elevations of the car wash. Staff is assuming that these areas are mirror images of the east and south elevations. Site Furnishing The applicant has provided an outdoor seating area for each restaurant; however, the furniture has not been shown on the plans. The plans must be modified to show the chairs and tables. Loadin~ areas refuse area~ etc. The applicant is proposing to utilize the main entry doors for service purposes. The only exception is building "C." In this case, the service doors face the parking lot and will be utilizing glass giving the impression that these are regular doors rather than a service area. The trash enclosure is located along the northeast corner of the car wash. Recycling space and other solid waste collection space should be contained within the same enclosure. Landscaping The site is fairly level. The landscaping plan will provide a variety of plant materials that are massed where possible. The berms recommended by staff and landscaping materials will be continuous along the perimeter of the site. The plant materials are repetitious in some locations and variable in others. Proposed plant materials are indigenous to Minnesota. A curb is required along the perimeter of the green space area. All planting areas are adequate in size to allow trees to grow with the exception Clearwater Development June 17, 2003 Page 14 of the parking lot islands. The applicant has a choice of either providing a 10 foot wide island or utilizing aeration tubes. Lot Frontage and Parking location The site is located within the Highway 5 Overlay District. The ordinance allows one row of parking within the required front yard. This is a difficult site to design since it is bordered by three streets. The applicant has made an effort to screen the parking from West 78th Street and has been fairly successful. The south portion of the site will require additional berming and landscaping to be able to meet screening requirements. RESTRICTION ON MATERIALS Another issue associated with this site is a restriction on type of materials used on the buildings. They are as follow: Building Materials and Design COMMERCIAL 1. All materials shall be of high quality and durable. Brick shall be used as the principal material and must be approved to assure uniformity with the residential uses. 2. Metal standing seam siding will not be approved except as support material to one of the above materials. 3. All accessory structures shall be designed to be compatible with the primary structure. 4. All roof-mounted equipment shall be screened by pitched roofs. Wood screen fences are prohibited. Screening shall consist of compatible materials. 5. All buildings on the commercial site shall have a pitched roof line. 6. All mechanical equipment shall be screened with material compatible to the building. The applicant is utilizing brick as the main material on the building. A rock face sill band appears below the windows. This is in keeping with the intent of the PUD agreement. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; Clearwater Development June 17, 2003 Page 15 (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: ao An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; Co Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the City's Highway 5 corridor design requirements, the comprehensive plan, the zoning ordinance, the design standards, and the site plan review requirements with the exception of the drive thru which will require a PUD amendment. Staff is recommending approval of the amendment. The site design is compatible with the surrounding developments. It is functional and harmonious with the approved development for this area. Staff regards the project as a reasonable use of the land. The overall design is sensitive to the Highway 5 corridor's image. Based upon the foregoing, staff is recommending approval of the site plan with conditions outlined in the staff report. Clearwater Development June 17, 2003 Page 16 GRADING/DRAINAGE/EROSION CONTROL The Phase I portion of the site was previously rough graded as a part of the Arboretum Village development. As such, the only area where the grades will be significantly changed is for the berming along West 78th Street. Rough grading for Phase II of the site is currently being completed with the Vasserman Ridge 2nd Addition project. As such, the existing contours for the Phase II portion of the site should reflect the Vasserman Ridge 2na Addition grading. Drainage for the Phase I portion will be routed to an existing pond on the west side of Century Boulevard. This pond has been previously sized to accommodate the runoff from the Phase I site. Likewise, most of the Phase II site will drain to an existing pond just east of the site. This pond is being increased in size to accommodate the Phase II site as a part of the Vasserman Ridge 2nd Addition project. Erosion control measures and site restoration shall be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends that the City's Type 1/I erosion control fence, which is a heavy-duty silt fence, be used for the area adjacent to the existing pond just east of the site. In addition, erosion cOntrol blankets will be required on the steep slopes on the site. UTILITIES The proposed sanitary sewer and watermains will be considered public utility lines since they will serve more than one lot. In addition, the watermain shall be looped through the site and connect with the existing water line in West 78th Street. A minimum 30-foot wide public easement will be required over the public sewer and watermain. Each of the underlying parcels has been previously assessed for utilities and those assessments have been paid. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,274/unit. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate Clearwater Development June 17, 2003 Page 17 regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDOT, etc. STREETS & DRIVE AISLES The main drive aisle through the site will be a private street since it serves multiple lots. As such, the road must be a minimum of 26~feet wide, built to a 9~ton design, and enclosed within a 40-foot wide private easement. · An internal sidewalk system shall be developed to bring pedestrians from the public trails on the west and north sides into the site and between the individual sites. PARKING TABULATIONS The city's parking ordinance requires: · One parking space for each 50 square feet of restaurant with an on-sale liquor license. · One parking space for each 60 square feet of restaurant without an on-sale liquor license. · One parking space for each 200 square feet of retail. · One parking space for each 200 square feet of shopping center. Based upon the above listed requirements, Building "A" has been calculated as retail and will need 66 parking spaces. Building "B" has been calculated as retail too. Staff struggled with this building and the parking requirements associated with it. The coffee shop has an area of 1,500 square feet, which translates into 25 parking spaces if calculated as a restaurant. The Shell Store has an area of 3,972 square feet, which translates into 20 parking spaces. Total parking required per ordinance is 45 spaces. This number appears to be excessive since, in all likelihood, people buying gas will remain parked at the gas pumps, walk into the Shell store, and pay their bill and leave. There are 16 parking spaces at the gas pumps. Based upon that method of calculation, the building will have 44 parking spaces. The site is short one parking space. Building "C" will house two restaurants with on sale liquor licenses. The applicant has used one parking space per 60 square feet of gross building. The ordinance requires one parking space per 50 square feet of gross floor area. Since there does not appear to be any room for an additional 24 parking spaces, staff is recommending the applicant reduce the size of the building to 6,000 square feet. LANDSCAPING Phase I Minimum requirements for landscaping include 5,396 sq. ft. of landscaped area around the parking lot, 22 trees for the parking lot, and buffer yard plantings along Highway 5, Century Clearwater Development June 17, 2003 Page 18 Blvd. and W. 78th Street. The applicant's proposed, as compared to the requirements for, landscape area and parking lot trees is shown in the following table: Vehicular use landscape area Trees/landscape area Hwy. 5 Buffer yard B - 480' Century Blvd. Buffer yard B - 380' W. 78th St. Buffer yard B - 610' Boulevard Trees - W. 78th St. 1 per 30' Required 5,396 sq. ft. 22 canopy trees 5 canopy trees 10 understory trees 19 shrubs 8 canopy trees 15 understory trees 23 shrubs 6 canopy tree 12 understory trees 12 shrubs 20 canopy trees Proposed >5,396 sq. ft. 19 canopy trees 3 canopy 5 understory 12 shrubs 4 canopy 10 understory 28 shrubs 15 canopy trees 22 understory 33 shrubs 12 canopy The applicant does not meet minimum requirements for all buffer yard or boulevard tree plantings. Staff recommends that totals for landscaping be increased in order to meet minimum requirements as shown in the table. Additionally, according to ordinance, parking lots shall be fully screened from the street. This will require berming or more understory trees and shrubs to be planted along the street frontages. Phase II Minimum requirements for landscaping include 3,694 sq. ft. of landscaped area around the parking lot, 15 trees for the parking lot, and buffer yard plantings along Highway 5 and W. 78th Street. The applicant's proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table. Vehicular use landscape area Trees/landscape area Hwy. 5 Buffer yard B - 200' W. 78th St. Buffer yard B - 270' Boulevard Trees - W. 78th St. 1 per 30' Required 3,694 sq. ft. 15 canopy trees 4 canopy trees 8 understory trees 12 shrubs 5 canopy trees 8 understory trees 14 shrubs 9 canopy trees Proposed >3,694 sq. ft. 12 canopy trees 3 canopy 7 understory 12 shrubs 7 canopy trees 14 understory 15 shrubs 7 canopy Clearwater DevelOpment June 17, 2003 Page 19 The applicant does not meet minimum requirements for all buffer yard or boulevard tree plantings. Staff recommends that totals for landscaping be increased in order to meet minimum requirements as shown in the table. Additionally, according to ordinance, parking lots shall be fully screened from the street. This will require berming or more understory trees and shrubs to be planted along the street frontages. LIGHTING Lighting locations for the parking lot have been illustrated on the plans. Only shielded fixtures are allowed and the applicant shall demonstrate that there are no more than V2 foot candles of light at the property line as required by ordinance. A detailed lighting plan should be submitted when building permits are requested. RECOMMENDATION Should the City Council approve this application without a drive thru., staff recommends the City Council adopt the following motion: "The City Council approves the Planned Unit Development amendment in the commercial portion of Arboretum Village, clarifying parking setbacks and establish sign criteria for both Arboretum Village and Vasserman Ridge as follows (amendments are shown in bold): ARBORETUM VILLAGE PLANNED UNIT DEVELOPMENT AMENDMENT WITHOUT DRIVE THRU Arboretum Village (1992-2 PUD) PUD DEVELOPMENT STANDARDS b. Permitted Uses The permitted uses within the neighborhood commercial zone should be limited to appropriate commercial and service uses consistent with the neighborhood. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on this outlot shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Such uses may include small to medium sized restaurants (no drive-thru windows), office, day care, neighborhood scale commercial, convenience store, churches, or other similar type and scale uses as described in the Comprehensive Plan. No single use shall exceed 5,000 square feet. Should the City Council approve the drive-thru, staff recommends the following motion: Clearwater Development June 17, 2003 Page 20 "The City Council approves the Planned Unit Development Amendment to allow a drive- thru in the commercial portion of Arboretum Village, clarify parking setbacks and establish sign criteria for both Arboretum Village and Vasserman Ridge as follows (amendments are shown in bold): ARBORETUM VILLAGE PLANNED UNIT DEVELOPMENT AMENDMENT WITH DRIVE THRU Arboretum Village (1999-2 PUD) PUD DEVELOPMENT STANDARDS b. Permitted Uses The permitted uses within the neighborhood commercial zone should be limited to appropriate commercial and service uses consistent with the neighborhood. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on this outlot shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Such uses may include small to medium sized restaurants (no drive-thru windows unless it is completely hidden from views, has walls on two sides of the ~P~oposed ) drive-thru lane, is attached to the main building, and the roof of the Vrive-V~u L_~uilding extends over the drive-thru. The exterior wall of the drive-thru ~Amendment f shall contain the same level of architectural detail as the rest of the building and as described in the design standards of the City Code), office, day care, neighborhood scale commercial, convenience store, churches, or other similar type and scale uses as described in the Comprehensive Plan. No single use shall exceed 5,000 square feet. c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Clearwater Development June 17, 2003 Page 21 Setback Required Minimum Proposed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 30 feet Interior Public Right-of-Way 30 feet 7 variance was granted by the City Council Hard Surface Commercial 70% 68.3% Parking Setback if screening is 10 feet 10 feet provided e. Signage Criteria Monument Sign Lot 1 shall not contain any monument signs. In return, the applicant shall be permitted to place a 10 foot high sign with a maximum area of 48 square feet along Highway 5 on Lot 2. Lot 2 will contain one monument sign at the intersection of Highway 5 and Century Boulevard. The height of the sign shall not exceed 5 feet with an area of 24 square feet. All signs shall be built of materials similar to those used on the exterior of the buildings and complement their architectural design. The signs must maintain a minimum 10 foot setback from the property lines. Wall Mounted Signs 1. Building "A" shall be permitted signage along the south and west elevations only. 2. Building "B" shall be permitted signage along the west and south elevations only. 3. The gas pump canopy shall not be permitted to have any signage. 4. The carwash shall be permitted to have one sign along the south or east elevation. 5. All signs require a separate permit. 6. The signage will have consistency throughout the development and add an architectural accent to the buildings: Consistency in signage shall relate to color, size, materials and heights. ; Clearwater Development June 17, 2003 Page 22 o Back-lit individual letter signs are permitted. Individual letters may not exceed 30 inches in height. Only the name and logo of the business occupying the building will be permitted on the sign. The applicant must obtain a sign permit prior to erecting the signs on the site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. VASSERMAN RIDGE PLANNED UNIT DEVELOPMENT AMENDMENT Vasserman Ridge (2002-2 PUD): PUD DEVELOPMENT STANDARDS c. Setbacks The PUD ordinance requires setbacks from roadways find exterior property lines. The following table displays those setbacks. Setback Required Minimum Proposed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 30 feet Interior Public Right-of-Way 30 feet 60 feet Hard Surface Commercial 70% Not available at this time Parking Setback if screening is 10 feet 10 feet provided e. Sign Criteria Monument Sign Lot 3 will have one monument sign facing Highway 5. The height of the sign shall not exceed 5 feet with a maximum area of 24 square feet. The base of the sign shall be built of materials similar to those used on the exterior of the buildings and compliment their architectural design. The signs must maintain a minimum 10 foot setback from the property lines. Clearwater Development June 17, 2003 Page 23 Wall Mounted Signs o o o Building "C" shall be permitted signage along the west and south elevations only. All signs require a separate permit. The signage will have consistency throughout the development and add an architectural accent to the buildings. Consistency in signage shall relate to color, size, materials and heights. Back-lit individual letter signs are permitted. Individual letters may not exceed 30 inches in height. Only the name and logo of the business occupying the building will be permitted on the sign. The applicant must obtain a sign permit prior to erecting the signs on the site. A detailed sign plan incorporating the method of lighting, acceptable to staff, should be provided prior to requesting a sign permit. CONDITIONAL USE PERMIT The City Council approves Conditional Use Permit//2003-2 CLIP to allow the construction of a convenience store with gas pumps on Lot 2, Block 1, Arboretum Shopping Center, with the following conditions: 2. 3. 4. o o o o No unlicensed or inoperable vehicles shall be stored on premises. No repair, assembly or disassembly of vehicles. No public address system shall be audible from any residential parcel. Gas pump stacking area deemed to be appropriate by the city shall not intrude into any required setback area. No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles or all-terrain vehicles. Facilities for the collection of waste oil must be provided. Gas pumps and/or storage tank vent pipes shall not be located within one hundred (100) feet of any parcel zoned or guided for residential use. All light fixtures under the canopy shall be recessed into the canopy and screened. The canopy must be constructed of an opaque material to prevent light from shining through. For Phase I, approval of this application is contingent upon approval of the following applications: Clearwater Development June 17, 2003 Page 24 ao bo Co PUD Amendment 1992-2 PUD. Site Plan Review 2003-6. Subdivision 2003~8. SUBDIVISION The City Council approves the preliminary plat to replat Outlot D, Arboretum Village and Lot 1, Block 4, Vasserman Ridge (4.79 acres), 2003-8 SUB into three lots as shown on plans dated June 4, 2003, subject to the following conditiOns: The developer shall provide a cross access and cross parking agreement for the three parcels. The following park dedication charges will apply: Lot 1- $8,540; Lot 2- $11,620; and Lot 3 - $13,650, which shall be paid prior to recording of the final plat. The total SWMP fees of $58,824.57 are due payable to the city at time of final plat recording. Public utility improvements will be required to be constructed in accordance with the city's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the city and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to, the MPCA, Department of Health, Watershed District, MnDOT, etc. SITE PLAN The City Council approves Site Plan Review 2003-6 SPR for the construction of three multi- tenant buildings, one of which contains a convenience store with gas pumps and coffee shop, and a car wash as shown in plans prepared by Damberg, Scott, Gerzina, Wagner Architects dated Received May 16, 2003, subject to the following conditions: Correct the driveway dimensions on the site plan (Sheet A0) to read 26 feet in width. Also, dimension the turn lane widths and taper ratios. The taper ratio for the West 78th Street turn lane shall be a minimum of 5:1. Clearwater DevelOpment June 17, 2003 Page 25 2. On the grading plan: ao do eo g. ho Increase the rock construction entrance to a minimum of 75 feet in length per City Detail No. 5301. Revise the existing 980 contour that crosses with another illegible contour on the existing topography. Likewise, correct the proposed 978 crossing contour lines. Provide erosion control blankets on the steep slopes along the west side of the entrance drive and along the east side of the Phase II building. Revise the boulevard slope in the West 78th Street right-of-way to a maximum grade of 2% within 15 feet of the curbline. Provide emergency overflows for catch basin Nos. 3 and 4. The overflow elevation must be a minimum of one foot lower than the finished floor elevation of the adjacent building. Show all existing and proposed easements. Show the existing pond to the east of the site and include the NWL and HWL. Also, show the existing storm sewer in the pond area. Show the proposed lot and block numbers. Limit the number of inlet aprons to the eastern pond of one inlet. Add a benchmark to the plan. On the utility plan (Sheet C2): a. Show all proposed utility easements. b. Revise the watermain to loop through the site and connect with the existing main in West 78th Street. c. Show the existing watermain in West 78th Street and the storm sewer in the pond to the east. d. Move sanitary manhole No. 6 into the main drive aisle for access purposes. e.The minimum allowable storm sewer between catch basins is 12 inches in diameter. Revise where necessary. f. All of the public watermain will be PVC C-900 pipe. Revise where necessary. Clearwater DevelOpment June 17, 2003 Page 26 o o o ° 11. 12. 13. 14. 15. 16. go Add street lights at the southeasterly comer of West 78th Street and Century Boulevard and at the proposed driveway connection with West 78th Street. 17. Add all applicable City of Chanhassen Detail Plates to Sheet C3. The applicant will work with staff to determine the best possible location to provide a crosswalk across West 78th Street. The crosswalk will be from the south to the north side of West 78th Street and connect with the existing bituminous trail and provide the additional sidewalk connection as shown in Attachment #1, as amended. The applicant will work with staff to determine if a "No U Turn" sign will be required at the north end of the median on Century Boulevard and West 78th Street. The silt fence on the east side of the site must be Type llI, heavy duty. The property line dimensions for the Phase II parcel must match the final plat for Vasserman Ridge. Private easements are required for the storm sewer lines that mn from one lot to another. Show the pavement sections for the bituminous path and private street/drive aisle on the plans. Provide an internal sign to direct cars out to West 78th Street for Highway 5 bound traffic. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. The applicant has submitted drainage calculations for the site, hOwever additional information is required. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 year, 24 hour storm event. Minimum 30 foot wide easements will be required over the public portion of the utility lines. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. The existing contours for the Phase II portion of the site should reflect the Vasserman Ridge 2na Addition grading. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440 per unit, the water hookup charge is $1,876 per unit, and the SAC fee is $1,274 per unit. Clearwater Development June 17, 2003 Page 27 18. 19. 20. 21. 22. The main drive aisle through the site will be a private street since it serves multiple lots. As such, the road must be a minimum of 26 feet wide, built to a 9 ton design and enclosed within a 40 foot wide private easement. Concrete driveway aprons, per City Detail Plate #5207 are required at the two proposed access points to the site. For Phase I, approval of this application is contingent upon approval of the following applications: a. Subdivision 2003-8 SUB. b. PUD Amendment 1999-2 PUD. c. Conditional Use Permit 2003-2 CUP. For Phase II, approval of this application is contingent upon approval of the following applications: a. Subdivision 2003-8 SUB. b. PUD Amendment 2002-2. Landscaping Requirements: Phase I: ao bo Phase II: The applicant shall increase plantings to meet minimum requirements for buffer yards, boulevard trees and parking lot trees. A revised landscape plan shall be submitted to the City prior to City Council approval. The applicant shall fully screen parking lots from adjacent roadways through the use of berming or increased landscaping. 23. 24. 25. 26. 27. a. The applicant shall increase landscape plantings to meet minimum requirements for buffer yards, boulevard trees and parking lot trees. A revised landscape plan shall be submitted to the City prior to City Council approval. b. The applicant shall fully screen parking lots from adjacent roadways through the use of berming or increased landscaping. The applicant shall show the west and north elevations of the car wash. All roof top equipment shall be screened. The trash enclosure shall be built with the same type of materials used on the buildings. The applicant shall introduce a pitched element to Building "B." The parking lot islands shall be increased to 10 feet in width or aeration tubes will be required to be installed. Clearwater Development June 17, 2003 Page 28 28. 29. 30. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities. Fire Marshal conditions: a. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. b. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire marshal for exact location of signs and curbs to be painted yellow. c. The building must comply with Chanhassen Fire Department/Fire Prevention Division requirements regarding maximum allowable size of domestic water on a combination water/sprinkler supply line (pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994--copy enclosed). d. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification (pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992--copy enclosed). e. A Post Indicator Valve will be required on the new building that have fire service water coming into the building. f. Submit radius tums and dimensions to City Engineer and Chanhassen Fire marshal for review and approval. g. Phase Il. The fire hydrant shown on Building "C" will need to be relocated in front of the building. Contact Chanhassen Fire Marshal for exact location. Building Official conditions: a. The buildings are required to be protected by automatic fire extinguishing systems. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Building A must have a minimum of 3 accessible parking spaces, one of which must have an 8 foot access aisle. Building C must have a minimum of 5 accessible parking spaces. Separate water and sewer services must be provided for each piece of property. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. do Clearwater Development June 17, 2003 Page 29 31. 32. 33. 34. 35. The applicant will need to apply for on-sale liquor licenses for the restaurants in Phase II. Applicant will work with staff on the transparency or breaking up the east and west side of the carwash with the intent that it doesn't necessarily have to be windows. If the drive thru is not carried on with the City Council, that the parking spaces be revisited with staff and the applicant. The Right In/Out access on Century Boulevard shall be permitted contingent upon MnDOT approval. The applicant shall work with staff to review the yellow color on the canopy." ATTACHMENTS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Planning Commission minutes dated June 17, 2003. Letter from MnDOT dated June 30, 2003. Amendment to Vasserman Ridge Development Contract/PUD Agreement. Amendment to Arboretum Village Development Contract/PUD Agreement without Drive-Thru. Amendment to Arboretum Village Development Contract/PUD Agreement with Drive-Thru. Sidewalk plan. Applications and Notice of Public Heating. Memo from Mark Littfin, Fire Marshal, dated June 9, 2003. Memo from Matt Saam, Assistant City Engineer, dated June 6, 2003. Memo from Steve Torell, Building Official, dated May 27, 2003. Memo from Todd Hoffman, Director of Parks and Recreation, dated May 27, 2003. SWMP Fee Work Sheet dated June 5, 2003. Design standards for Arboretum Village and Vasserman Ridge. Plans dated received May 16, 2003. Clearwater Development June 17, 2003 Page 30 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Clearwater Development Site Plan Review 2003-6, Subdivision 2003-8, Planned Unit Development 2002-2 and 1999-2, and Conditional Use Permit 2003-2. On June 17, 2003, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Clearwater Development to: Replat Outlot D, Arboretum Village and Lot 1, Block 4, Vasserman Ridge (4.79 acres), into three lots. Site Plan Review for the constmction of three multi-tenant buildings, one of which contains a convenience store with gas pumps, a coffee shop with a drive thru, and a car-wash. Planned Unit Development Amendment to allow a drive- thru, establish sign criteria for the center, and parking setback. A Conditional Use Permit to allow the construction of a Convenience Store with gas pumps. The Planning Commission conducted a public hearing on the proposed development which was 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 The property is currently zoned Planned Unit Development District. The property is guided by the Land Use Plan for Commercial. The legal description of the property is: Lots 1, 2, and 3, Block 1, Arboretum Shopping Center. Section 20-110 Site Plan: Clearwater Development June 17, 2003 Page 31 ao Is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b. Is consistent with this division; Ce Preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; do Creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; eo Creates a functional and harmonious design for structures and site features, with special attention to the following: An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and the general community; 2. The amount and location of open space and landscaping; ge Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. fo Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. o Section 20-232, Conditional Use Permit: a. Will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Clearwater DevelOpment June 17, 2003 Page 32 bo Will be consistent with the objectives of the city's comprehensive plan and this chapter. Will be designed, constructed, operated and maintained so as 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. do Will not be hazardous or disturbing to existing or planned neighboring uses. eo fo go ho 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. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 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. Will have vehicular approaches to the property which do not Create traffic congestion or interfere with traffic or surrounding public thoroughfares. Will not result in the destruction, loss or damage of solar access, natural, scenic, or historic features of major significance. Will be aesthetically compatible with the area. Will not depreciate surrounding property values. Will meet standards prescribed for certain uses as provided in this article. o Section 18-39 Subdivision a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including, but not limited to, the city's comprehensive plan; Clearwater Development June 17, 2003 Page 33 c. The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e. The proposed subdivision will not cause environmental damage; f. The proposed subdivision will not conflict with easements of record. g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of dedicated and improved public streets. 3. Lack of adequate sanitary sewer systems and not ISTS (individual sewer treatment system). 4. Lack of adequate off-site public improvements or support systems. 7. Planned Unit Development Amendment The proposed amendment to the PUD is consistent with the Neighborhood Commercial Guidelines outlined within the comprehensive plan. 8. The planning report Site Plan Review #2003-6, Subdivision #2003-8, Planned Unit Development #2002-2 and #1999-2, and Conditional Use Permit #2003-2 dated June 17, 2003, prepared by Sharmeen A1-Jaff, is incorporated herein. RECOMME~ATION The Planning Commission recommends that the City Council approve the Site Plan Review, Subdivision, Planned Unit Development Amendment and Conditional Use Permit. Clearwater Development June 17, 2003 Page 34 ADOPTED by the Chanhassen Planning Commission this 17th day of June, 2003. ATTEST: CHANHASSEN PLANNING COMMISSION BY: Secretary Its Chairman PLANNING COMMISSION MINUTES CONCERNING NORTH COAST PARTNERS cio CLEARWATER DEVELOPMENT JUNE 17, 2003 SUMMARY Summary for council. We did not leave in the drive thru. Modified some aspects to work with staff, including the crosswalk on the northeast side I guess that is. The U turn on Century Boulevard meeting West 78th Street, and I believe that' s the highlights of this one. Anything else any of you wants to add? Thank you very much. This is definitely a great proposal. This goes to council on the 14t~ of July. Okay. So good luck. VERBATIM MINUTES: PUBLIC HEARING: CONSIDER REQUEST FOR PHASE I - REPLAT OF AN OUTLOT INTO TWO LOTS. SITE PLAN REVIEW FOR THE CONSTRUCTION OF A CAR WASH~ COFFEE SHOP/CONVENIENCE/GAS STATION AND STRIP MALL~ A CONDITIONAL USE PERMIT TO ALLOW A CONVENIENCE STORE WITH GAS PUMPS~ ON PROPERTY ZONED PUD WITH VARIANCES AND A PUD / AMENDMENT TO ALLOW A DRIVE THROUGH. THE TOTAL LOT AREA IS 2.84+ ACRES, THE SITE IS LOCATED NORTHEAST OF THE INTERSECTION OF HIGHWAY 5 AND CENTURY BOULEVARD AND SOUTH OF WEST 78TM STREET~ CLEARWATER DEVELOPMENT. PHASE II - REPLAT OF AN OUTLOT INTO A LOT. SITE PLAN REVIEW WITH VARIANCES FOR A MULTI-TENANT BUILDING (A CONDITIONAL USE PERMIT HAS BEEN GRANTED FOR CONSTRUCTION ON THE SITE WHICH FAI,LS WITHIN THE BLUFF CREEK OVERLAY DISTRICT) ON PROPERTY ZONED PUD. THE TOTAL LOT AREA IS 1.95 ACRES. THE SITE IS LOCATED APPROXIMATELY 240 FEET EAST OF THE INTERSECTION OF HIGHWAY 5 AND CENTURY BOULEVARD AND SOUTH OF WEST 78TI~ STREET~ CLEARWATER DEVELOPMENT GROUP. Public Present: Name Address Scott Schmitt Kathleen Hellenk Michael Thomas Dennis Anderson David Forbes Jason Palmby 12560 46th Street, Watertown 4536 35th Avenue, Minneapolis 548 Apollo Drive, Lino Lakes 2350 Wycliff Street, Suite 11, St. Paul 437 Shakopee Avenue, Shakopee 411 Zachary Lane, Plymouth Sharmeen AI-Jaff presented the staff report on this item. Slagle: I'm curious, if I can. Should we ask questions? Sacchet: Why don't we listen, unless it's totally pertinent to what she's. Slagle: Well I think it is. On the question of the crossing. Is that where the path heads north along the wetlands on the side of Pulte where the road. Aanenson: It's pretty close. It might be just a little bit more to the west. The trail heads north there, right. And again just, not to diverge too much but we looked at, is it safe to cross there because you have a lot of turn movements there but I guess we put it on the side, on the westerly side so you can get to the median, have a respite to look the other way again and then cross because we figure people are probably going to make that move anyways. Sacchet: They have a stop in the middle, okay. Aanenson: Correct. Slagle: Or kids. Aanenson: A bike. Stroller. Slagle: Bikes. Convenience store. Sacchet: Okay, go ahead Sharmeen please. Sharmeen AI-Jaff continued with the staff report. Sacchet: Questions from staff. Bethany? Tjornhom: Not yet. Sacchet: Steve? Lillehaug: I will start. This is a good set of plans. That's a comment ain't it. Okay, let me start with right turn lanes. One on Century, one on 78th Street. Are they truly justified, and let me preface that with a couple things. Has there been a traffic study done for this indicating that levels really mandate right turn lane in both of those areas? And also, Kwik Trip was just done, if you drive that, they don't have right turn lanes in either of those similar locations and in my opinion they're really, they're not needed because there are two through lanes on Century Boulevard. Slagle: They do have right. Aanenson: Yeah they do. Lillehaug: No they don't. Aanenson: Yeah they do. Lillehaug: No they don't. If you're going northbound on Century Boulevard, the right turn lane I'm talking about is a clear right turn lane only for the entrance. There is not one at Kwik Trip at that location. Aanenson: Like a decel lane or something. 2 Lillehaug: And likewise on 78th Street, and I really don't think they're required. That's a comment too isn't it. Sacchet: Yeah...question. Lillehaug: The question is. Sacchet: Why is it there? Lillehaug: Does traffic, does the traffic study, if there's been one done in this location, does it clearly justify adding fight mm lanes in both of these locations? And why didn't we do it at Kwik Trip if the traffic justifications don't apply that it's needed here? Saam: First off on this site there has been a traffic study done. I know there's one done with Pulte. I'm trying to remember, I'm not sure if there was one done with Vasserman Ridge but I know Pulte did one, looking at their commercial parcel. And I do not know if the right mm lane was brought up in that traffic study. That' s something I would have to check. As far as Kwik Trip, there was some issues going on there. I know with MnDot constructing Highway 5 at that time and their plans not showing any right turn lane, they just went through there and dipped the curb in the location that the Kwik Trip wanted the driveway at. So I guess that would, can be a question for MnDot. Maybe MnDot didn't feel it was warranted on the Kwik Trip site, and again here I don't believe we've received MnDot comments yet. As to their opinion on whether the right turn lane is needed or not, Century Boulevard is 30 miles per hour so I think there could be argument both ways, whether it's needed or not. I guess from my respect I don't see where it would hurt to get that traffic that' s turning right out of that through lane for the other people. But I guess I could be convinced otherwise too if MnDot had concerns with how it would affect their highway movements so. Lillehaug: So if we're introducing a third lane there south of that first access. If you go north of that first access, then there's a through lane. It's actually a through left movement, and then a designated right turn already, so in essence we're having a fight mm and then it's, if you continue north in the adjacent lane it's still a right turn lane. Saam: You see at Century there's two lanes. The one on the left is already a designated left onto West 78th and the one on the right. Lillehaug: The left lane is a through left at the intersection and the fight lane is a right turn lane already. Saam: Wherever West 78~ Street, okay. Lillehaug: Yep. Saam: Again, I could be convinced either way. I guess I just, I didn't see the harm in getting that traffic out of the way, but I could be convinced the other way. Lillehaug: And then likewise the speed limit on Kwik Trip on Galpin is 40 or 45 with no right turn lane. Saam: Yeah, 45 yeah. Lillehaug: 45 with no right turn lane. Aanenson: This has much more, there's only two uses on the Kwik Trip site. The square footage is significantly larger on this site. Sacchet: It's much bigger. Aanenson: Correct. Lillehaug: What about to the south of Kwik Trip? There's another parcel there. Aanenson: Yeah, that would be the second user. Yeah, I think there's significantly more square footage here. Sacchet: Well here we have at least 2-3 times the uses. Lillehaug: Okay. Well there's my question for that item. Any comments on the one on 78th Street? The same comment. It doesn't hurt to have it. Saam: Yes. There we did add a condition to lengthen that taper so you don't have people jutting out of the way at the last second, but again we didn't see where it would hurt. MnDot's fine with it, I guess we're fine too. Lillehaug: And then on the crosswalk issue, there at 78th Street. It's probably a better option to move it down to the intersection obviously. As far as that median goes, it looks like you'd have the walk right at the end of the median. How would we, it's just not good to have a crosswalk there and I'm just wondering, especially with the right turn lane, etc. No stop control. How do we make that a safe crosswalk in that area? Saam: I guess the way I was envisioning it was the sidewalk on the west side, or in back of that curb where those parking stalls are. So that would push the sidewalk into the median more rather than just being on the bull nose of it there. But the way we looked at it was, well it's a private street. We kind of looked at it as a street intersection, whether public or private so that's where people are going to cross. Lillehaug: Not stop controlled though, right. Saam: No, it' s not going to be stop controlled. We could sure put up signage, that sort of thing but I do agree that the best place for the residents to cross is down there at Century and West 78th, but again we're trying to be realistic. We believe people are going to cross there. We're saying let's try to make the. Lillehaug: Let's look at Kwik Trip again. Saam: Okay. Lillehaug: There you don't have one there. If I recall correctly. Saam: No. No, we don't. That is a little different site because their driveway is far away from the gas station. If you've been out there, that full access. Lillehaug: There's two there. Sacchet: There's tWo of them. 4 Saam: Yeah, there are two. I think the one is just a right-in/right-out but the full access is very far down away from the gas station, whereas here you've got a restaurant right on the comer. Something to attract people there. Lillehaug: I'll have to ask my kids where they cross that when they go to Kwik Trip. Slagle: And one could ask should there be one at Kwik Trip? Aanenson: There was a lot of internal discussion on that. Whether you want to encourage that or not. Lillehaug: Just not an ideal location. Sacchet: And there is a path going north on the other side here right, pretty much. Aanenson: Yes. Lillehaug: That would help justify it I guess. Aanenson: Correct. Lillehaug: Let me continue on with questions. Sacchet: Alright Steve keep going. Lillehaug: Those were the good ones I had. Drive through window. Are we saying that we're going to allow the drive through window now just simply because we're screening it so you can't see it? You know really what is the main reason to prohibit drive thru' s? You know they're put in the PUD. Why are we prohibiting them? And then everyone's coming back asking for drive thru's. What's the main reason we're prohibiting drive thru' s? That's my question. Aanenson: Because we know who's looking at the site. We could have 3 or 4 just separate fast food's and that's not what we want to see as a neighborhood use. They tend to be a really larger draw. The intent of the neighborhood district is that it' s servicing the daily needs. If you look at the intent of the BN district is that it's servicing the intent of the neighborhood so. It can be noisier. If you look at our criteria, even for the gas station and the pumps and the like. You've got the people ordering. Trash blowing. There just tends to be a lot of that sort of nuisance issues. Stacking up of cars. People, radios blaring waiting...that sort of thing so. Lillehaug: So is hiding it really something we need to do is we're going to allow the drive thru? Aanenson: I guess we just felt, based on the fact that there was integral. It wasn't a typical fast food. If you wanted to permit it, that would be some criteria that architecturally if you tied it into the building and not be, they go the extra mile to make it part of the building. What we put in is if you approve it. I think we've kind of soft peddled it saying if you approve it we built that criteria in that it be really integral to the building. Lillehaug: Okay. A couple more ones here. On page 5. Monument signs. It says each lot has two street frontages resulting in six signs. Does that mean that we are intending to allow them to have six monument signs? Or two combined signs? Could you clarify that a little please. AI-Jaff: There will be, or the applicant is, according to ordinance you can have one sign per street frontage. Technically you've got two street frontages. Two street frontages. Two street frontages. One of the things that they asked for...height requirement for instance in the BN district. Part of the negotiation that took place was if they agreed to one sign for this parcel, one sign for this parcel facing 5, Century if you will, with the understanding that nothing, and it's out of concern for the residential neighborhood, no signage would take place on the north portion of the property. They would be permitted a 10 foot sign, monument sign. The design of the sign would be complimentary to the building. Again you're facing Highway 5. The second sign is located, oh the sign would be representative of the entire complex, so all the buildings can advertise on it. I shouldn't use the word advertise but actually have their names, logos. The second sign is 5 feet in height, 24 square feet. And the same is true back here. Is that? Lillehaug: Yep, that's good. A couple more here. On this one it hits on the fully screened parking lot. Can you elaborate, what is fully screened? Does that mean the parking lot pavement is fully screened or all the cars in the parking lot fully screened? A1-Jaff: We have an ordinance when it talks about screening of parking lots. It's talking about the 5 foot height, meaning from ground level up 5 feet you shouldn't be able to see through to the parking lot. Lillehaug: From the adjacent roadways then? A1-Jaff: Correct. Lillehaug: That's hard to enforce. A1-Jaff: It can be a combination of berm as well as trees. Lillehaug: Okay. A couple more quick ones and then I'm done. In the drive thru, the drawing shows 6 cars cued up there. Does staff believe that that's a typical situation and what would happen if there's 7 or 8 or more cars cued up? AI-Jaff: We had that conversation and I would. Lillehaug: I can ask that of the applicant. A1-Jaff: Thank you. Lillehaug: One more quick one. One more to you Matt. I'm going to refer to Kwik Trip again. If you're traveling north on Galpin you can make a U turn. So if you come out of Kwik Trip going to the west and then go north on Galpin you can make a U turn to get back to 5. You're indicating that that is something we'd want to look at on Century Boulevard. Is that something we want to look at because it's a stop controlled intersection or, maybe just give me your comments on that a little bit. Saam: Yeah. We have received many complaints, concerns from residents, motorists regarding that situation at the Kwik Trip site. If you remember at the Kwik Trip site people, they come in get their gas and then it's a right-in/right-out on Galpin so if they want to go back to 5, if they do it the right way they're supposed to go all the way back out that long driveway to West 78th Street and come back down to Galpin and make a left and then go down. Lillehaug: I don't there. 6 Saam: Excuse me? Lillehaug: I don't do that. Saam: I know. Everybody makes the right back out and then makes the U turn and we've had issues with close calls. Resident concerns regarding accidents and the U turns at Galpin so keeping that in mind, that's why we included that no U turn sign in this case. To prevent those type of situations. Lillehaug: So if it was signal controlled, a U turn would be fine. A left U turn would be fine but since it's stop controlled, it's just not recommended? Saam: Yeah that's a good point. This one will be stop controlled whereas Kwik Trip I believe doesn't have any stops when you're going north on Galpin so I guess that's something we could look at. We'll have to do that, look in the MDCAD manual. Lillehaug: I'm officially done. Sacchet: Thanks Steve. Alright, do we want to hear from Bethany? Tjomhom: I'm still thinking about what he said. Sacchet: You're still thinking about that? Alright. Should we let Rich do his? Go ahead Rich. Slagle: I can go ahead. Question Matt. I would be supportive of looking to have a 4 way stop at Galpin. I mean I'm serious. People are going 45, 50, 60 miles an hour down there so I'm not surprised you're getting calls about people doing U tums. Getting to that point of traffic flow. And I'll ask it more to, obviously to staff but more as an observation. Are we trying to put traffic onto frontage roads? I mean what I'm getting at is we're having gas stations, car washes, perhaps a drive thru and we're making it so that people get off 5, which is the transportation route, and then they go on and access service and then go onto a road that I don't believe I understood, at least when we heard Kwik Trip, that that was to handle flow of traffic from 5. And I guess what I'm trying to get at is, you're coming from the west. We have this gateway, which we've been talking about now for 2 years, 3 years, which I think is still on 41 and 5. I' m not sure where but now we have and with all due respect, we have a gas station, car wash, convenience store on the left at the first major intersection after that. The next intersection you have, you have a car wash, a gas station, convenience store, and then I don't know what's happening on Audubon. I don't think anything like that will happen. But what I'm trying to say is, from a staff's perspective is this a good fit for this location? Aanenson: If you look at the uses that are in a neighborhood district, it's consistent with that. Now there may be people that are outside the community but most of this is your neighbors that are using these uses. Slagle: You think so? Aanenson: Yes. There are going to be people that are outside the major target area that may take that frontage road to get back to the next signal, depending on directional movement, but that's the intent. And that's the intent of West 78~ is to take those local trips that want to go downtown. That don't want to be on the people that are going through town and that's the people on 5. Slagle: With all due respect, as a resident who uses Kwik Trip a lot, I do see neighbors there but I see quite a number of what I'll probably say commuters coming from the west. The Waconia's, the Victoria's, and then the commuters going out east. Aanenson: Sure. Slagle: So anyway, the mason I'm getting at this is from a traffic pattern. I'm telling you, when we go to Kwik Trip with our kids, 6 and 4, and we want to cross to the path, or sidewalk, which would be, you know synonymous with going across to the northwest here, you, I mean literally you're grabbing your kids. And that is without a doubt, now it doesn't have a car wash. That's actually on the other side, so all I'm saying is I'm looking at this, I'm asking a question, am you as a staff okay with the traffic patterns and amount of traffic within this location, given the sidewalks, the usage. Aanenson: Yes. And I'll go back to what Matt said. There was a traffic study done on this, as far as MnDot looking at this piece for, there's underlying. Slagle: One. Just one lot though right? Aanenson: No. Well, there's another underlying one and that was the environmental or the traffic study that was done for West 78th and what was the anticipated expectations for that too. And when we looked at the guiding of this for commercial. And also MnDot provided those control points. There's only one access onto Century and the one access point, control point on West 78th. Certainly the developer would like to have more access points and that's part of the control is limiting those. Slagle: Okay. Sacchet: Any more questions Rich? Bruce. Feik: Yeah. I want to step both feet into this drive thru. As the change shown on here on the permitted uses for the PUD, that would be a blanket approval for any and all future drive thru's that meet this criteria. So on Lot C we could get a taco shop and a burger shop so long as they screen them, is that correct? AI-Jaff: No. This approval is specific for Lot 2, and that's it. Feik: Okay. Okay, good. Now let me. A1-Jaff: Of Arboretum Village. That's it. Feik: Okay, but so if it's for Lot 2 and it's for a proposed coffee shop, what are the, for this type of use, what do you, what are the reasonable products being served? Can you serve a muffin? Can you serve a pita bread sandwich? Where does it go from being a coffee shop to a fast food joint? And all of the traffic that's associated with it. I mean at what point does it become morphed into something else? How many more muffins does he have to sell than coffee? A1-Jaff: And that's one of the things that we discussed with the applicant as far as our concerns go. Aanenson: We concurred. I mean that was the issue. Feik: I mean I don't see, we've got, like you said, we've got 5 or 6 total cueing cars. Granted it's good looking. It's handsome. I'll give the applicant kudos for that. It's handsome. A1-Jaff: Maybe the applicant will be able to address this portion of it. They have, I would request that you ask the applicant. Feik: Well no, I'm going to ask staff because this is going this, and we're stating that it's for the use of a coffee shop. What would, in staff's mind and in their thoughts, what were you thinking would be sort of the types of service that would be available in a coffee shop? In your minds where does that go? Aanenson: I'm not sure we can control it. That's why we said should you choose to. I would concur, it would be very difficult to control. Feik: And that would go into perpetuity with the lot, correct? Aanenson: Correct. Feik: So if the coffee shop doesn't make it and a taco shop wants, they can. Aanenson: Would they come back and ask for something else? Feik: Well it'd be a tenant. It'd be a tenant. So, so long as the tenant fits the small to medium size restaurants, whatever that is, then it's a permitted use. Aanenson: Yes. A1-Jaff: Yes. Feik: Alright. I'm clear on that. Sacchet: Okay, there was a question in there, yes. Feik: I'm clear on that so right. There's no guarantees this is going to be long term. Aanenson: Right, and again we said should you choose. I mean we agree. Slagle: What is staff' s position though? Are you in support of the drive thru or not? I mean because the applicant can apply and. Aanenson: You can ask the applicant. We told them it'd be very difficult to get a drive thru. I think Mr. Schmitt would concur that we told him that from the beginning that we told him it would be very difficult. They felt strongly about that as a component to their's. We did go look at some of their other facilities to see how they looked, but we advised them of that... Feik: Okay. I will ask other questions for the applicant. I'm fairly comfortable. I guess the only thing I would concur as it leads to traffic is as we look at this, and I apologize it's almost a comment here but the density on this spot is significantly greater than the Kwik Trip, and the number of cars and the number of pedestrian traffic, particularly if you get a little restaurant in here and some other services. The amount of pedestrians coming in to this facility could be dramatically greater than the Kwik Trip, so if you've got changes, I agree with you that maybe these right turn lanes are more appropriate, well. That's it for staff, thank you. Sacchet: Alright, I still have a few questions too so bear with me. First of all, building C. The Vasserman component to this. On most of the plans it' s blank but then on some of them it' s not. Could you specify which parts, exactly what is the status of the building C part with the components that we're looking at here tonight? It's called Phase II. 9 Sacchet: piece. A1-Jaff: Correct. The intent is, and the reason why I chose to address everything on Phase II is because that's how the site will ultimately develop. With Phase I you will have the access, which is a full access, and as you can see there' s no parking along this portion of the site. Everything within the westerly portion of the site, including the Building A, Building B, the car wash, the gas pumps, everything in this area will be developed. With Phase II. Sacchet: I'm with you. A1-Jaff: Okay. With Phase II you will have this portion of the parking added, which you didn't see earlier. And of course the remainder of the site including the sidewalk. Sacchet: So we are only looking at Phase I right now? AI-Jaff: No, you're looking at everything. Sacchet: We're looking at the whole thing? A1-Jaff: You're looking at the whole thing. Sacchet: Okay, that's what I want to be real clear about. So what we're discussing tonight, we're looking at the two phases together? AI-Jaff: One of the reasons why we wanted to see everything together on this specific site is, for instance I'll give you one example. Hard surface coverage. With the PUD's you can transfer that. Your overall hard surface coverage on this site is 69 or 68 percent. Sacchet: 68 point something. A1-Jaff: However the way everything is phrased within the application you have approvals for these buildings, separate than, so there are site specific. The way the conditions of approval work... That's the part I want to be clear about because it seems like everything covers the eastern A1-Jaff: Again, and that's correct because you have a separate PUD's. Sacchet: We don't have as much detail. A1-Jaff: And each PUD had to be amended separately. Sacchet: Okay. So will we see in another go around some details for Building C? A1-Jaff: I think you have all the details. Sacchet: We have all the details, okay. That's what I want to know. Aanenson: Let me just clarify. I think what she's trying to tell you that the amendment for the drive thru as part of the PUD, that's how she addressed it. If you don't amend the PUD it's moot. Then your standards are the same for all of it. 10 Sacchet: The shared parking. You mentioned shared parking, specifically in the context of the Building C. Where are they proposing shared parking? Could you specify it? I don't think the report was that clear. A1-Jaff: The entire site. Sacchet: The whole thing. A1-Jaff: Is proposed to share parking. Sacchet: Okay. A1-Jaff: For instance if these parking spaces were full, you can see somebody parking here. If you wanted to stop at the gas station. Well maybe you will park here. You'll probably purchase gas and, or park here and. Sacchet: I got it, I got it. My concern is parking is with Building C. So are you talking shared parking then we have the idea that they could park like in front of Building A for instance. With the assumption that Building A would not have, the business is open in the evening and all the people go to the restaurant in the evening so that type of thinking, is that what' s behind it? Okay. One trash enclosure. Is that enough for this big a development? Is that standard or? AI-Jaff: One of the things that we talked about, their intent is to share trash enclosure, which is in this location. Part of the conversation we had with the applicant, they indicated that there will be areas where they could store the trash indoors. Sacchet: Okay. A1-Jaff.' And we have done that with other developments. Sacchet: You had enough questions about the drive thru. Architectural compliance. Real quick, there's one thing, it's a detail question. I'm really confused. On page 3 it talks about EIFS, EIFS, and on page 12 it talks about stucco. Which one is it? Or is it both? A1-Jaff: No. It's one of them only and it is intended to be stucco which is permitted under our ordinance, and if you look at it right here, that is intended to be stucco. Sacchet: We're doing stucco not E]FS. A1-Jaff: So I apologize for the mistake. Sacchet: No problem. The bright yellow color. That's the canopy of the gas pumps and the pumps themselves. Our ordinance prohibits them saying the logo, showing the logo of the gas on top, is that across the city? AI-Jaff: Yes. Sacchet: Okay, so that's actually happening, huh. The car wash. The east elevation seems awfully bland to me. If they're breaking it up with some trees, is that satisfactory to staff?. 11 A1-Jaff: They have done a combination of. Sacchet: It looks like a combination of trees and flat wall to me. There' s a picture of it somewhere. It has windows, yes. Do we have enough breaking up of that flat surface, according to staff? AI-Jaff: The ordinance does require a 50 percent transparency. Sacchet: That's 50 percent? AI-Jaff: And that appears to be less than 50 percent. I apologize. That was an oversight. I didn't add a condition. Sacchet: Okay. Now are the alternatives to transparency, I mean could they have some other things of interest or does it need to be transparency? A1-Jaff: The ordinance states 50 percent transparency, which could include doors, glass on the first floor of a building and as you can see this is a one story building. They have introduced landscaping on the site. Sacchet: Alright, you answered my question on this one. The internal sidewalks, did you say you hope there was a condition? Do we know is there a condition? A1-Jaff: The intent was, should be under the site plan. Sacchet: On the site plan, okay. Is that condition 5? A1-Jaff: That is condition 5. As shown in Attachment 1, yeah. Sacchet: And that covers all these connections that he showed on the drawing? I just want to make sure about that. Aanenson: That's the attachment that's in your packet that shows all the sidewalks. Attachment #1. Sacchet: So that will be a part of. Aanenson: Referenced, yes. Sacchet: Referenced. The parking calculation for the gas station. The convenience store. That seems to be a very challenging piece of math. Thank you for the, could you point out, you say that if we calculate 16 parking spaces as the cars parked at the pumps, we would have 44 parking spaces so my question is, where are the remaining 28.9 There are 14 here. There's 6 there. Where's the other 8? 4 here. I'm just curious, how do you come up with 44? A1-Jaff: 6 here. Sacchet: Right. A1-Jaff: 10 here. Sacchet: Oh those are gas station not coffee shop? 12 Al-Jarl: Correct. They are part. Aanenson: It's the same building. Sacchet: So it goes by the building. Alright. Okay, so it goes that way around, alright. This is 10, 20, 26, 44 plus the 16 at the gas station. Okay. So it's not really that concern then is it. And they can park across the street too. Let's see. I believe that's all. Oh, one more last question. The last condition 32 reads, the applicant will need to apply for an on sale liquor license for the restaurant in Phase II. Isn't that a given? I mean why is this a condition? A1-Jaff.' Just to make sure, make them aware. Sacchet: Just a reminder? Reminder it's a condition. Please remember you'll need it. You'll have to have it. If you don't have it, you need to get it, alright. Aanenson: Well what happens is, is they are told sometimes people say they didn't know so it's just, these get tracked. They get sent to them. On the record. Sacchet: Okay, on the record. That's a fair answer. That's it for questions from staff. One more? Feik: Is there a west elevation of the car wash in the plan? AI-Jaff: No, and it's one of the conditions of approval that they provide us with a west and a north elevation. And it's our assumption that they are going to do the same as they've shown for the east and south elevations. Slagle: Two quick ones. Staff, are you okay with additional requests for sidewalks? If it can be shown in our discussions that it's perhaps safer. Aanenson: Yeah, we could have that as a condition. Slagle: Okay. Second point, getting to the parking spaces for the gas station. I mean I'm just, from an observation standpoint, you drive in, you get gas. You walk and I'm assuming there's a door on the east elevation of the gas station. A1-Jaff: Yeah. Slagle: Okay. Now you want to just run in and get groceries. My guess is you're not going to park on the other side of the wall of the drive thru if that was to be. I don't know if you'd park in those 10 spaces on the west unless the way it looks, is that a pretty open entrance on the west side from staffs perspective? Aanenson: Yeah. My guess is that's going to be employee... Slagle: Rear door or something like that. Aanenson: Right, right. And some of that will be employee parking which they would use that door to get in. 13 Slagle: Okay. I guess what I'm trying to say is a question to the commissioners is, it's not like you're driving up and you get out and walk in the door, other than 6 spaces. The rest are literally you have to cross traffic. Sacchet: Or you back track to the east side. Slagle: But you've still got to cross the gas and cars coming in and out to get to the store. An interesting. Aanenson: Let me just preface this. The applicant has really, really spent a lot of time in evolving this from when it first came in and we said oh my gosh, because all the front doors faced West 78th and we had the back and we had moved and he had worked so hard really to get a design where you look at a building that has a nice design all the way around, and we spent a lot of time internally trying to decide which is the best way so we really made a nice presentation, which we felt on West 78~, trying to really play that down for the neighborhood. Not putting the signs where we agreed. He really as you're driving along have that really nice view on that so that's how some of that came about and moving the buildings around. Actually things were changed significantly from when it first came in. Shifting lots around. Looking at visibilities, circulation, how to make the whole thing work so in our minds. Lillehaug: In one of your iterations, were those 14 spaces next to the car wash actually on the other side of the fuel island and next to the Shell store? I mean I just don't see myself parking next to the car wash I guess. Aanenson: But most people they're running in getting gas and then running in. Slagle: No. I mean I shouldn't say no. I think there's a fair amount that are driving to get milk, bread, coffee. Sacchet: You stop at the gas station. Where do you park? Aanenson: ...the representatives here, what percentage... Sacchet: We'll ask the applicant. Lillehaug: I have one real quick question. Sacchet: Yeah, I have one more too. Go ahead Steve. Lillehaug: Page 21. You have your setback table. It says parking setback, if screening is provided required is 10 feet. Minimum proposed is 10 feet. What if screening, full screening isn't required or doesn't happen. Is that still 10 feet or is that more than 10 feet? A1-Jaff: That's more than 10 feet. Lillehaug: What would it be then? AI-Jaff.' 30 feet. Lillehaug: How do we get full screening in 10 feet? A1-Jaff: Well that's one of the ordinance requirements and again, full screening and then 5 feet so within 10 feet you can get a 3 foot high berm. 14 Lillehaug: I mean I just don't see full screening on anything and I'm wondering what are we saying here really. That's it. Sacchet: Alright. You asked a question. You didn't get an answer but you asked the question. I have a question that I think I do get an answer. About the drive thru. Like we were struggling with the Village on the Pond with the Culver's drive thru. You're making a statement here that there isn't such a thing in the city somewhere. AI-Jaff: In the BN district. Sacchet: Oh it's specific. So this is a different district? So the Culver's isn't necessarily. Aanenson: It never was a BN district. It's PUD. Sacchet: ...I hope is all our questions, is it? I think it is. With that I'd like to invite the applicant to come forward. State your name and address for the record and tell us your story please. This is your turn. Slagle: You know can I throw out. We keep seeing Scott. This is good. You must be doing well in our city. Scott Schmitt: I enjoy this community. Sacch~: Good. Scott Schmitt: My name is Scott Schmitt. I'm with Clearwater Development and this started out as a simple thing. In all honesty it did. It was a 3 acre site and well, this should be pretty simple. And you know we really have come full circle. This was not the plan we started with. It works and it works well though for us from a bargaining perspective we're able to, we're generating some interest from a tenant perspective. I will try not to repeat what Sharmeen has already done, and I will try to answer the questions you came up with as best I can. Ask them again if I don't cover them. Just as sort of a broad over brush to go toward your comments Mr. Chair. The project is in two phases because we, there's no guarantees in this world and our initial focus was really on just the Lot 1 and 2. The non-Vasserman Ridge one. I don't know, the Arboretum. And as we looked more at it, with regard to integrating the access on the Vasserman Ridge piece it became apparent to us to try to develop the two sites together, at the strong request of the city that it makes sense what's going to happen here and what potential uses could go there. So that's why we approached it in two phases. Our initial focus was on the west half, but we feel that there's some strong, we actually had some interest from some tenants from a dual restaurant, the Chipotle Buffalo Wild Wings concept has been a strong concept for us and we're doing it in other communities and we have interest again from other restaurants, and don't ask me who they are because I don't know who they are yet. We're just talking to 4 or 5 potential people for a dual restaurant building so we don't know for certain on that. We're not as certain as that as we are on the west side, so we are, we're splitting it up so we can get approval on one independently of the other so that, whichever one from a market perspective happens, and it really just comes down to leasing. I mean we have full intention to move forward on both should we sign some acceptable leases, so that's why they're together but yet separate. We have been working with staff for several months on this. And what we did was, address their concerns was really the focus on the neighborhood to the north and what are they going to see and the rendering that we had done here, really gives, this is from about 100 feet up on from West~ 78th and Century, and we wanted to be able to reflect the innocuous nature of the drive thru, and I know that' s the main crux of what we're after, or what your concerns are and I understand that. When we first asked staff, well you know they made it very clear drive thru is probably close to hopeless for us, but it was you 15 know, fast food, oh for one thing, fast food is not allowed in this zoning so if a drive thru's approved, it's not going to transfer over into a fast food use because that's not prohibited. So a coffee shop, and you have a specific definition for fast food. I can't quote to you what it is, but nor do I want to quote it. You don't? Okay. Slagle: We're not sure either. Scott Schmitt: From my Chipotle Buffalo Wild Wings project days, the fast food thing came up and you know was very intentional not to go after fast food or quick food. That's not our intention here. The drive thru is to accommodate really to accommodate the mothers who have kids in the van. They don't want to get out to get their cup of coffee. They want to stay in the car. The drive thru, it' s a Dunn Brothers. That's the tenant that's going in there. The Dunn Brothers experience is that you really don't have the 6 or however many cars are drawn on the drawing. We'll talk to the architect about that, but it's really, the reality of it is, it's typically 4. 4 to 5 cars that are going through there. You don't gbt a lot of stacking because you're ordering 1 or 2 cups of coffee. You're not ordering a meal for your family, and you're ordering out here and then you're moving through and by the time you get there, it's made. They hand it to you and you move on, so you don't have a lot of stacking like you do in fast food. The other thing that was mentioned regarding the drive thru was with regard to the trash and the noise with the loud speaker and all that and the loud speakers are kind of not as much of an issue anymore because you've got the technology where, I mean I can't even hear in my car sometimes the person in there. So the travel distance on that noise is not as much of an issue and the coffee doesn't generate the trash. You don't have people waiting in line a long time so they're not throwing trash out their windows and that sort of thing. And to address the, you're getting gas and you're going in or you're not getting gas and you're not going in. I was just told by the convenience store guy that 80 percent of people who get gas go in and they leave their car at the pump. Okay. That there are rarely more than 6 cars who come in specifically for a non-gas issue and park in the parking. So it's, with a project of this scope. I mean if you've got 32 islands of gas on a truck stop, different deal but something of this scope, that' s the nature of it. And there is some circulation within the building for the parking so if you're parking around the side and you go in an entrance, both the, you know it will be clearly identified that you can go into the convenience store. You can go into the coffee shop. They're an integrated concept. There's a wall that separates them because the convenience store, you know first when they presented it to me I thought well you know, are they really going to be able to pull this off because what they're going after is a higher end soccer mom kind of clientele. They have Dun Brothers inside. They've got a nice coffee shop in there. And they have a cyber caf6 in there. I'm not mocking you, I just, it's just an interesting concept and that's what they're going after and the demographic is here in Chanhassen and so that's what they're after. That's why the drive thru. If they want to go in and have a cup of coffee and enjoy their friends, that's available so the parking's there and what not. So that's, the drive thru though generates, and I don't know what the percentage is but it makes or break a coffee shop, that drive thru does and that's why it was important and that's why even if the recommendation that it's going to be a difficult task, we decided that it was a necessary thing for this and we tried to address all the concerns from the view from the housing on the north, to the trash to the noise to the visibility and on the site plan we've tried to put everything in such a way that anything that is commercial, has a commercial visibility is all oriented towards Highway 5 and internal to the site. The front of the buildings go in to the site. This is all internal and blocked as you can see by this other drawing it's all, everything, and this is from 100 feet up. We don't have a house with a window that's 100 feet up. If you lower yourself down, you can't see into it. And oh, the Shell label on there, that's gone. We're fine with that. We did not realize that it was on the drawing so that's, by approving this we're not insinuating that we're doing any signage up there, so that's fine. I'm just trying to look at my notes here. The car wash is a manned car wash so you have someone spraying your car down and there's not a lot of trash being thrown out the windows while you're in line because they, I don't know how many cars they pull through a minute but it's substantially faster. You don't have the long stacking lines on a rainy day that you do because it's one where it hooks onto your wheel and pulls 16 you through and they don't have a bunch of people on the other end drying your car off but you have the guy on the front end keeping things moving and the traffic moving. A normal car wash runs 5 to 8 minutes about and you're running through in one minute. So the speed at which they're going through there is a lot quicker so you don't get that stacking. You don't get the traffic outside as well. And the retail building, we really are going after what the neighborhood zoning is all about and that's going after the tenants that cater to that local neighborhood. I agree with you. It is traffic from the west side. I mean the convenience store is not interested in those 700 homes behind it alone. I mean they're interested in some of that transient traffic, but that transient traffic isn't going to travel on West 78th. They're going to come right back out and get on Highway 5. There will be some. I'm not saying that they'll all do that but you know I agree with you to a point, but the rest of the story is that most of them are really probably going to get out there on Highway 5 and keep going. Slagle: But Scott how are they going to do that? They're going to have to. Scott Schmitt: They're going to be on West 78th for that leg where the island is. Slagle: Galpin? Scott Schmitt: I don't know. I can't speak to that. I don't know. I would think that they would go back to Century and come back down. That would be what I would do but I don't know. Because Galpin's, that just seems like a long way down and around the pond but. And I do have one question. Is that a 4 way stop at Century and West 78th? It's a two way? Lillehaug: Isn't that a four way? Saam: I think Century's a four way. Scott Schmitt: That's what I thought it was a four way. Sacchet: Galpin is two way. Scott Schmitt: Galpin is two way, Century's a four way and so that's going to slow a lot of that traffic down and that safety. And your comment about the stop, or the crosswalk out at the west, I, my position was a little bit different in that while people are going to cross there, they're going to break the law crossing there. They're supposed to go down to the intersection. I'm providing a sidewalk so that it makes it legal for them to break the law. That was my perspective on it. We're happy to do it because if people are going to go there, I agree with you, they should go down to the intersection but the reality of it is, they probably are going to cross there, and so not a matter of breaking the law, but as a matter of safety, I don't want a safety issue going on there so that's why we're okay with that sidewalk connection. To be honest with you, I kind of questioned the crossing over of Highway 5 with a lot of pedestrian traffic there but you know we realize that there's some pedestrian needs that need to be accommodated. So let's see, I think I've addressed most of this. At the turn lanes, I'm happy to not have to provide them. Just wanted to say that. And yeah, the signage issue. At the last Planning Commission meeting I was at, you threw a I told you so at me with the Buffalo Wild Wings and I'm here to tell you that Chipotle's not coming back for a sign variance. So they are not going to, so you can't throw that I told you so at me. But we, actually at the recommendation of Sharmeen and the staff was to address all the issues at once so you know. I mean it seems like a lot of variances and a lot of changes but it's really just so it's all taken care of at once and we're not coming back for something that we thought of later. We tried to think of everything at this point and I know it's complicated and believe me it was, I mean I've never seen a staff report 30 some pages long. We got it went, you know usually they're, well you know what they're usually like. And so you know Sharmeen put a lot of work into it but she created it because she wanted 17 us to make sure that everything came through at the same time. So the trash enclosures for the gas convenience, there was some inside the gas station, and inside the car wash, so the rest of it' s handled internally that you don't see there. The east elevation. The north elevation will look very similar to the south except the sign will say exit not entrance. The east elevation, we're more than happy to provide 50 percent transparency. That was the intention. And the landscaping, the west elevation will be reflective of that. That will be the same. You know not a problem there. The only thing that the sidewalks that I'm cautious of is our green space and if we're required to put the sidewalks in, now our green space goes down and we're right on the cusp of that right now, and so if we add the sidewalks, I don't know what the calculation will be but I know we're right on the edge so a green space variance would be required, so in any approvals if you want the sidewalks, and everything goes through like we hoped, keep in mind I don't want to come back for a variance for that because of something that we created here tonight. So I guess our objective, I hope I'm making myself clear, our objective really was to cater to what the commercial market is demanding and what's a doable thing on this site, as well as be sensitive to the neighborhood around it and what's going on on Highway 5 and try to keep everything safe and neat and clean and have a quality development so that's what we're after. So I hope I've addressed all the questions. I probably haven't. Sacchet: You did pretty well. Scott Schmitt: Did I? Sacchet: Let's see, any more questions of the applicant? I do have one. Slagle: I've got some. Sacchet: Go ahead Rich. Slagle: I'm just going to ask if we can put up, yeah right there. If we can put that in. Talking sidewalks. I'm a person coming from Pulte, and I'm on the north side. Yep I see it. Thank you Kate. And let's say I'm just to the west of that at Century. Lillehaug: What was that Kate? Aanenson: There's a trail. Slagle: Right there, and I want to come down okay and I want to.go to either the C, Lot C, okay, or I go down to the convenience store. I'm going to come down the sidewalk and I think you're okay on the west side, okay of your lot. My question to you is, would you be open, and I'd be interested in staff's opinion, running a sidewalk on the north side of your property. Scott Schmitt: Along here? Slagle: Yep, and the reason I say that is because if someone wants to get to your Phase II, they could go on the north side of West 78~ and then do the crossing, which we're all sort of the feeling is not the safest. But otherwise if they didn't do that they would have to come down the sidewalk and go in front of that building, which could be a trash cans. People coming in and out. You've got a bike, you know who knows. I'm just throwing that out that it seems to me that you could alleviate some major crossing points if you ran it across the north and then on Lot C, if the sidewalk would connect down. Go across. Keep going, and down. Then following the green space so it connects, because right now someone wants to get to C, and even if they do across the north side of West 78~, they're cutting through a parking lot. 18 Scott Schmitt: Yeah, well. Slagle: Show me where the sidewalk's going to go to get to the front door of the building in Lot C. Scott Schmitt: They are going to walk across parking. I think in most scenarios though you do walk across parking. You can't keep everything on a sidewalk on a green space. You always walk across parking. And so, you know I'm not opposed to doing, the problem is my property line's right here. So I can put a sidewalk on your land because that's the city land or DOT land or somebody, but I've got, all mine's taken up with landscaping and I think it's pretty hard to avoid walking across a parking lot in most commercial scenarios I think. Because if you park your car, you're going to have to walk across the parking lot. So just because you arrived there on foot, why would you not want to walk across a section of parking lot? Or am I not following you? Slagle: Well you are but by that statement I think you're suggesting it's okay to park 50-60 feet away in a parking lot and have to walk across traffic to get to a front door. Some would suggest you could have islands with sidewalks and so forth to make it a lot safer. Scott Schmitt: Yeah. Actually in the staff's report there was a, on page, Attachment gl. Oh here. If you can zoom in on that I guess. You can see how the sidewalks as the staff is proposing to work. How those would work. But you do have to cross parking. Slagle: Help me out Kate. If I come from. Aanenson: ...coming across here. Slagle: I'm saying that but I think that would be neat but more importantly if you cross from West 784 on the north, across the, no, no. Go further east. You know the crosswalk and you want to get to the building in Lot 3. Once you've crossed over, how do you make it to the front door? Is there a sidewalk there? Aanenson: We talked about something from here? Slagle: Yeah, I don't care what it is. Just somehow there's got to be some sidewalks. Aanenson: ...talking about is taking this sidewalk and making it across... Scott Schmitt: That would take up no green space which is good, so. Slagle: I mean I'm an environmentalist but folks I'd almost be open to some. Aanenson: Rich, on this one we talked about something through here. That would solve your problem... That would solve that problem. That's what we had talked about, and then you could make that... Sacchet: And this is the drawing that's going to be attached. Aanenson: Right, so we need to make that clear on here. Sacchet: Okay, it's clear on the colored one but not the black and white. Aanenson: We'll make that change... Sacchet: If you would, that's wonderful. 19 Slagle: And then the last question. Sacchet: Go ahead Rich. Slagle: Is on the enclosed trash. Do you really believe that, if I'm understanding you right, that folks from three different buildings and a car wash are going to be pulling trash cans out to a central location? Scott Schmitt: No I don't believe that. Because they'll have their own internal trash here, on Building C. They'll have internal trash. Slagle: So...comes there? Scott Schmitt: Yep they come there. Each tenant will probably have their own trash, okay. It was problematic over here, we had one trash room. There's a little more room to move around on this site. This building' s trash is accommodated here. Very, very typical in a strip center of this size to have a common trash enclosure. You're carrying out one bag of trash, because you're talking about a 1,200 square foot tenant that doesn't generate a lot and then the C store gas has it's own internal stuff going on. Sacchet: What's the one trash place for then if they all have their own? Scott Schmitt: Oh each building had it' s own but this building here, because of green space and the way the traffic moves. Normally, we started, here's where it came from. We started out with a road back here. Okay. They didn't like that. So then we have green and the trash enclosure here. You know you juggle all this stuff. Sacchet: So that enclosure's mainly for that building. Scott Schmitt: It is for that building, yes. Sacchet: Got it. Questions? Lillehaug: You did a great job working with staff and we appreciate it. This drive thru. You indicated it's, what if we were not to approve the drive thru? Where do you go? Sacchet: No coffee shop. Scott Schmitt: No coffee shop. I don't know if we have a valid purchase agreement anymore with the convenience store. We took a calculated risk. The whole thing would go away for certain. I don't know where we'd go. We'd go back to the drawing board. Slagle: Can I ask a quick question Steve, if it's okay? Lillehaug: Yeah, sure. Slagle: Because of the comment made earlier. And it being Dunn Brothers. I frequent your, I know they're franchises but I frequent the Dunn Brothers on Minnetonka Boulevard. Folks I've got to tell you, there's no drive thru there and they're just doing fine. From all appearances of lines on any given morning, so I'd love to, I'm just saying, I'd love to see a coffee shop here. Absolutely. 20 Dave Forbes: My name's Dave Forbes~ I'm the Director of Development for Driving Wheel, which is the convenience store operator. I've been working with Dunn Brothers for about the last year on this. When I first came to them they did the same thing that Scott did and they went huh, with the convenience store. Their demographics are slightly different than our's. We have one convenience store in operation right now in Waconia. It' s right across the street from the high school in Waconia. We just opened 3 months ago. Our whole intent when we got into the development of this was to basically go one step up from the Kwik Trip's and the Holiday's of the world and make it a little bit higher end convenience store. Scott was making fun of our cyber caf6 but we've got a wireless hot spot in our gas station that actually gets used a lot by a lot of sales people and stuff during the day. When I went to Dunn Brothers on this subject they looked at the site and it's somewhat, I'm using Dunn Brothers commentary on this, a remote location for them. They came to the conclusion after looking at my traffic counts and my demographic studies that 40 percent of their business at this location will be drive thru. And if you run the numbers on it at basically with their margins on it, the margins I believe are not that high in a coffee shop. They're looking at gross margins around 22 to 25 percent of sales. Net margins more likely around 10 percent after leases and everything else are paid in. Take away 40 percent of your business, they can't operate there. The one on Minnetonka Boulevard has a better location. It's location specific. They basically said for this location, they've got one in Fridley, they're putting one up in Elk River right now, what they call their outer ring locations, they will not build them without a drive thru. Slagle: And the reason I was asking, and I'm glad you mentioned that is because that's my concern is that it really wouldn't make it in that location so that would then draw the argument that it's going to require a number of cars, which let me finish. If you've ever been to Water into Coffee on 19, in Shorewood, is that right? Aanenson: Yep. Tonka Bay, Shorewood center, yep. Slagle: I think Tom would tell you that he probably on average from 7:00 until 10:00 has 4 or 5 cars in line for his drive thru, and I'm just going to say Dunn Brothers would probably have a bigger name so I would surmise that's probably going to be 6 cars sometimes on morning on average that are waiting. Dave Forbes: I went to this, unfortunately Chris Ehlers who's the CEO of Dunn Brothers is out of town. He was planning to be here. We had this planned for last month, we just didn't get done in time so he basically gave me carte blanche to speak for him tonight. He looked at that and said that basically we've got it set up with an intemal 3 car stack, is what it's called. Each order they say there's 1.2 people per cars and it goes on like that, but basically it's 3 minutes to process an order so we have a 3 car stack basically. You've got 3 moving inside. He said on the average they're finding in Elk River, which is their closest location that we have, they never have more than 5 cars at a time in the morning because they move them through fast enough. Usually in the morning, on the morning shuffle from 6:00 a.m. til 10:00, they've got a dedicated staff person to working window as a part time thing, and it's worked out pretty well. They rarely have the deep stack. We had the 6 cars on there to show you, it was more for spacing to actually show distance so you've got a visual on there. But they told, when I showed them the 6 cars they kind of, well we never have 6 cars in our stack so. You're right. I mean your concerns are valid on this. I'm just, my guess is that from what I've talked with them, and now granted we're leasing it to them. We're the C-store operators but from what we've understood in that, that distance is more than enough what they need to keep the traffic out of sight and moving through there in an expeditious way so. Sacchet: Any other questions? I have one quick question. You mentioned the Shell logo was off. How about the yellow color? That might actually be a question for you. Dave Forbes: We have, I've been talking with Shell in Houston about this this week. We have not determined that Shell will be our vendor for sure. They're our vendor in Waconia. We're an independent 21 operator. We're not a chain. We're an internal chain so to speak but basically our branding is with our own name which is Brandeis which is my business partner. We are not tied into Shell for this. Shell agreed to not have the logo. That's all I presented to them. Colors I haven't ran through them yet. I know they are very, how shall I say, protective of their yellow. But if it becomes an issue, I would say we would, I would bring one of the Shell Reps and start working with staff on that and we could work on that. Sacchet: Okay, thank you. Dave Forbes: Thank you for your time. Sacchet: Thank you very much. Now this is a public heating. So if anybody would like to come forward to address this item, this is your turn. Please come forward. State your name and address for the record and let us hear what you have to say. Debbie Lloyd: Hi, Debbie Lloyd, 7302 Laredo Drive. Just have a couple questions and comments. There's a right-of-way variance and I don't know if that was talked about at all. Sacchet: There's a right-of-way variance? Is there? A1-Jaff: I advertised with, a right-of-way variance? Debbie Lloyd: Didn't it say 7 feet and the normal is, I'll grab the report. The required. Sacchet: Which page you're on Debbie? Debbie Lloyd: Page 20. Sacchet: Page 20, thank you. Debbie Lloyd: Under setbacks. The interior public right-of-way. Required is 30 feet and the minimum proposed is 7. That wasn't discussed so I don't understand what that is. Sacchet: Can you explain that? A1-Jaff: That was part of the residential portion of it. Sacchet: So that's the Pulte? AI-Jaff: There are no interior right-of-way on this. Aanenson: That's Pulte, correct. Sacchet: That's the residential development of Arboretum Village, Pulte piece. Aanenson: That's correct. Sacchet: Not this commercial piece. Aanenson: Right, there's no interior public right-of-way on this. These setbacks are for the entire Arboretum Village. 22 Debbie Lloyd: Okay. AI-Jaff: We don't have any interior. Debbie Lloyd: Okay, that really confused me. As did the impervious surface until that was explained that that was the whole development because those calculations were like surprising to see 31 percent when you know, okay. When Culver's was approved, was that not approved as a conditional use permit rather than a PUD amendment? Sacchet: Do you remember? I don't. Aanenson: I don't remember but because it was a PUD, I believe we just amended that specific use in the PUD. Feik: I think it was a conditional use. Debbie Lloyd: I think it was conditional use as well, if my memory serves me because we were concerned about the volume of traffic with the drive thru, and the reasoning was we could always pull the permit. Aanenson: A conditional use is very difficult to pull. Debbie Lloyd: Well, I remember that being part of the explanation. So I'm wondering why we would need a PUD amendment if there possibly is another vehicle to achieve a drive thru, which. Aanenson: A conditional use is a permitted use. The only thing you can do is attach conditions to mitigate the impacts so we accomplish that by putting the PUD standards in place and said if you chose we would recommend the following and that was the architectural elements that we talked about, so. Debbie Lloyd: As a citizen I'm really concerned about the volume of, I mean you've got a drive thru. You have a convenience store and you have a car wash all in the same area and it does seem like a lot of traffic. To Rich's point, also about the...I have to tell you that's very effective to draw traffic from other neighborhoods in Chanhassen. Just a comment. I think the renderings are beautiful and I'm certain they've worked very hard on the project, but I hate to see us deviate from the intent of the neighborhood with the drive thru. Thank you. Sacchet: Thanks Debbie. This is a public hearing. Anybody else wants to address this item? Please come forward. Seeing nobody, I'll bring it back to commission. Before we go to comments I have one more question of staff, if I may. The applicant made a comment that by adding more sidewalk we're going to go beyond impervious. Is that meaning beyond the sidewalks you already proposed or does it mean, where are we getting into an impervious situation? AI-Jaff: Right now they're at 68.3 percent. Sacchet: And they can be? AI-Jaff.' 70. Sacchet: 70. So they have. 23 A1-Jaff: Out of 4, they have 4.79 acres. I can run quickly. Sacchet: So we might be alright with a couple extra sidewalks as proposed by staff so far? Aanenson: Yeah, and the other thing, just so you know. We really asked them to do some patios and some, you know some of those other features that kind of make it quaint for the neighborhood. And just to be clear, we don't expect this to be only used by the neighbors. I mean we're expecting a hotel to come across the street and I would suspect people are going to walk across the street and enjoy this too and be spending their money here and. Sacchet: Yeah, that makes sense. Okay. Comments from commissioners. Lillehaug: Can I ask one more question? Sacchet: Yes, go ahead Steve. Lillehaug: You pointed out that trail on the north, and it was clearly closer to Century Boulevard than. Aanenson: Yeah, I think it shows better on this one. And that's the one that goes behind the homes here on Pulte and they're behind that wetland and ties back up. Lillehaug: So that's the existing trail right there. Aanenson: that was put in with Pulte, correct. Yep. Lillehaug: That's my question. Sacchet: Thank you. Comments. Who wants to start? They're pointing your way Rich. Slagle: I'll start. I think it's actually become a pleasure to see Scott. He's almost becoming the, who am I thinking? Steiner. Feik: Fred. Slagle: Fred. Feik: But Fred's gone. Sacchet: The new Fred. Now we have a Scott. Slagle: I know but we... Now we have Scott. So wonderful job, but I would say this. I can't go with a drive thru. More so to be honest with you than for fear of creating a precedent is just all that's going on in here, I think it's just traffic galore. I mean convenience store is cars. Drive thru is cars. Car wash is cars. I mean it's cars, cars, cars at this place. And I do appreciate staff's sidewalk enhancements. I would just trust that you guys, you know where I'm coming from. Really take care of that because folks, my family and I love to ride our bikes and we'll go to Kwik Trip and we're just down in Longacres and we'll go to Kwik Trip. I mean literally you're holding your kids hands. And in fact I've just got one little quick comment. We went to. Sacchet: This is comments. 24 Slagle: I know, but it's sort of different but it does apply to your parcel at Buffalo Wild Wings. The sidewalk stops on that side right around the liquor store area, and there's no sidewalk. The rest of the way down there to West 78th. So everybody knows that. Aanenson: Yes. Slagle: We're on the sidewalk and then it just ended. So we're on the street riding our bikes. Sacchet: Do you have a dirt bike? Slagle: It wasn't a good thing. So I don't know what we're doing about that, if anything. Scott Schmitt: Is that on our site? Aanenson: No, no, no, no. It's the other center. There's sidewalk up against the building but it stops on the street. Slagle: Yeah, he's got sidewalks but just to let you know it stops. Anyway. But I do think that the traffic pattern is going to be concern. I think the right-in/right-out is going to be tough. So to my fellow commissioners I cannot approve the amendment to the PUD. Like I said we'd be open if there's concerns about the signage, enclosed trash, you know, I'd be open to some additional conditions if we feel we need that, but I'm not going to vote for it. Feik: Okay, I'll start. Beautiful project. Really is. It really is. Likewise though on the change the PUD specifically paragraph B. Permitted Uses. I cannot support that in any way. Even to the comment of the other gentleman who said it's a marginal site for a Dunn Brothers, which means if Dunn Brothers doesn't make it you've got to put something else in there that may or may not have a very, very different cueing requirements and traffic count and stuff like that so I think that just leads me even further down that road to say that you know, we got snookered once. I don't want to get snookered again. So I cannot support the project. I love the project, or the drive thru. I love the project though other than that. Sacchet: Okay. Bethany, or Steve. Who wants to go first? Lillehaug: I can go. Sacchet: Okay, Steve. Lillehaug: Again, this is one of the best plans I've seen since I've been here just one year. It addresses everything and it's well worked out. I'm going to hit on the crosswalk part quickly. If you're driving down 78th Street, all the way from downtown, all the way out to 41. Driver tendency and expectation is not to see a crosswalk in any other location than at a stop controlled intersection. And then further with my argument that trail coming down from Pulte is closer to Century Boulevard. As a professional engineer I don't think this is a good place to put a crosswalk. I think it should be down at the intersection. People are going to cross anywhere regardless of if there's a crosswalk or not, and I think it's best, in the city's best interest to direct all pedestrian traffic down to that stop controlled intersection. That's my opinion and that's what I would recommend. Other than that, I concur with fellow commissioners that I don't support the drive thru. I think it'd be setting precedence and I don't want to do that at this point. And other than that, I support really everything staff addressed here. Thank you. Sacchet: Bethany. 25 Tjornhom: I'm giving my layman's opi~iion I guess. I'm not an engineer. I'm a mother and a housewife and a consumer. I hear all this talk about the intersection's going to be very busy and the parking lot's going to be full and traffic is going to be wild. It sounds to me like people need it. I don't know. It sounds like it's going to be used by the community and by other people so it's an asset I guess, I think. So I don't know, is having a busy parking lot a bad thing? I'm not sure. I guess the businesses are counting on it being a bad thing, or wanting it to be a bad thing. As far as the drive thru goes, it makes me nervous too because what if Dunn Brothers leaves? You know I don't want a taco stand. I don't want, I don't know, a drive thru pharmacy or something. Although that's probably a good idea. I don't know but you know, that part is still a little shaky to me. You know fast food and coffee shop, is there different criteria for it? Could we somehow say, you know this is what a coffee shop is. This is what a fast food shop is. It can't be fast food. It can only be a coffee shop and this is what is. Sacchet: Fast drinks. Tjornhom: Fast drinks, exactly. I don't know if that's legal either but. You know I don't know. I guess I think it's a beautiful project and I would support it I guess. If somehow we could word it where it can't be a fast food drive thru. Where it is an upper scale convenience neighborhood. Slagle: Is Culver's fast food to you? Tjornhom: Yes. Feik: How about Subway? Tjornhom: Yes. Feik: We were told neither of those were a fast food. Tjomhom: You know I consider if you sit down. Slagle: But Culvert's is not a fast food. Tjornhom: I think it is. Slagle: Well no, we all agree with you. Tjornhom: Oh, oh, yes it is. So I guess I would support it. Sacchet: Alright, thank you. Well my comments are a little different. I think you actually sold me on the drive thru. I think if somebody goes to the extent of having you drive thru the building, I think that's significantly enough different from driving at the outer edge of a building so he actually managed to sell me on this one. So I would differ from the rest of my fellow here. I do agree with you though that this is really very well worked through. Yeah there is a concern about traffic and circulation but I would take the position that it has been well thought through. I believe that the parking situation seems to be working out somewhat acceptably, considering the difficulties of putting this together. It's a little unfortunate you can't park right from the gas station in front of the convenience store, but I would tend to agree that most people leave their car at the gas station and go in and get their gallon of milk and run out and move on. I would be inclined to support it pretty much the way it is, with just a few wording tweaks to some of the conditions that I find are worded more like stories than conditions. I think there are two of those. But other than that I'd be willing to go with the whole package. With that, anyone want to make a motion? 26 Feik: I'll start. On the first one. We have four of them tonight. Sacchet: Yeah, do we need to make them one at a time? Feik: You bet we do. Sacchet: Yeah we should. Yeah they're big enough. Feik: At least the first one. Sacchet: One at a time. Go ahead Bruce. Feik: I move that the Planning Commission recommends approval of the Planned Unit Development amendment in the commercial portion of the Arboretum Village, so I'm deleting from the words to through in. Sacchet: So not to allow the drive thru. You take the drive thru out. Feik: Yep. I'm going to delete the words, to allow a drive thru in. Sacchet: Got it. Feik: So I'll start again. Recommend approval of, or recommend Planning Commission approval of the Planned Unit Development amendment in the commercial portion of the Arboretum Village, clarifying parking setbacks and establishing sign criteria for both Arboretum Village and Vasserman Ridge as follows. Omitting language from B and picking up then c. Setbacks through the remainder so it'd be c, d, signs, then 9. Sacchet: Basically everything except the addition to point b? Feik: Yes. Lillehaug: I second that. Sacchet: Hang on, there is, oh actually there isn't another one. Okay. Slagle: Point of clarification before we vote. Are you going to do anything on the walkway? Lillehaug: I'm not going to. I'm going to comment on that at the end. Sacchet: Okay. Lillehaug: A comment recommendation to the City Council. Slagle: Oh, so you're not going to make it. Lillehaug: No. Slagle: Oh, okay. I'm sorry. Okay. Gotch ya. 27 Sacchet: So we have a motion. We have a second. Feik moved, Lillehaug seconded that the Planning Commission recommend approval of the Planned Unit Development Amendment in the commercial portion of Arboretum Village, clarifying parking setbacks and establish sign criteria for both Arboretum Village and Vasserman Ridge as follows (amendments are shown in bold): Arboretum Village (1992-2 PUD) PUD DEVELOPMENT STANDARDS b. Permitted Uses The permitted uses within the neighborhood commercial zone should be limited to appropriate commercial and service uses consistent with the neighborhood. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on this outlot shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Such uses may include small to medium sized restaurant (no drive-thru windows), office, day care, neighborhood scale commercial, convenience store, churches, or other similar type and scale uses as described in the Comprehensive Plan. No single use shall exceed 5,000 square feet. c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback Required Minimum Proposed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 30 feet Interior Public Right-of-Way 30 feet ** 7* Hard Surface Commercial 70% Not available at this time Parking Setback if screening is 10 feet 10 feet provided e. Signage Criteria Monument Sign Lot 1 shall not contain any monument signs. In return, the applicant shall be permitted to place a 10 foot high sign with a maximum area of 48 square feet along Highway 5 on Lot 2. Lot 2 will contain one monument sign at the intersection of Highway 5 and Century Boulevard. The height of the sign shall not exceed 5 feet with an area of 24 square feet. All signs shall be built of materials similar to those used on the exterior of the buildings and complement their architectural design. The signs must maintain a minimum 10 foot setback from the property lines. Wall Mounted Signs 1. Building "A" shall be permitted signage along the south and west elevations only. 28 3. 4. 5. 6. e Building ,,B,, shall be permitted signage along the west and south elevations only. The gas pump canopy shall not be permitted to have any signage. The carwash shall be permitted to have one sign along the south or east elevation. All signs require a separate permit. The signage will have consistency throughout the development and add an architectural accent to the buildings. Consistency in signage shah relate to color, size, materials and heights. Back-lit individual letter signs are permitted. Individual letters may not exceed 30 inches in height. Only the name and logo of the business occupying the building will be permitted on the sign. The applicant must obtain a sign permit prior to erecting the signs on the site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. Vasserman Ridge (2002-2 PUD): PUD DEVELOPMENT STANDARDS c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback Required Minimum Proposed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 30 feet Interior Public Right-of-Way 30 feet 60 feet Hard Surface Commercial 70% Not available at this time Parking Setback if screening is 10 feet 10 feet provided e. Sign Criteria Monument Sign Lot 3 will have one monument sign facing Highway 5. The height of the sign shall not exceed 5 feet with a maximum area of 24 square feet. The base of the sign shall be built of materials similar to those used on the exterior of the buildings and compliment their architectural design. The signs must maintain a minimum 10 foot setback from the property lines. Wall Mounted Signs e Building "C" shah be permitted signage along the west and south elevations only. All signs require a separate permit. The signage will have consistency throughout the development and add an architectural accent to the buildings. Consistency in signage shah relate to color, size, materials and heights. Back-lit individual letter signs are permitted. Individual letters may not exceed 30 inches in height. 29 Only the name and logo of the business occupying the building will be permitted on the sign. The applicant must obtain a sign permit prior to erecting the signs on the site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. All voted in favor, except Sacchet who abstained, and the motion carried with a vote of 4-0-1. Sacchet: I abstain because. Feik: You abstain? Sacchet: I abstain. Slagle: You're entitled to do that. Sacchet: I can do that. It's my choice. So we have this carries 4 to 0 with 1 abstaining. The reason for my abstaining is that I would give them the drive thru but I don't like the idea of a drive thru, but I think with the effort they put into it, man they've earned it. Alright, do we need to make additional comments for each motion or do we do it for the whole thing? Lillehaug: How about for the whole thing. Sacchet: For the whole thing? Feik: You know I'd like to talk about number 2 again. Sacchet: Okay, do you want to do it right now? Feik: Yeah. Make a quick comment before we go. Sacchet: Summary. Feik: Oh I'm sorry. Do you want to summarize? Sacchet: Okay, summary of this. The majority of the Planning Commission finds that drive thru is not a good idea. We have been burned with this before and even though we acknowledge tremendous effort of the applicant to accommodate it, which for me would have been sufficient, we're opposing that part. Correct? Anything more to add to that? Feik: Prior to the next motion I'd like a quick comment though. As it relates to the conditional use permit. I forgot a note that I was going to discuss. We had had significant comment previously regarding sound on these outdoor speakers. I don't know what my fellow commissioners feel on this. I know we've had both residents as well as others express concern regarding the volumes. This is going to be next to a. Sacchet: Well there is an ordinance regulating that. Aanenson: It is if you look under the conditional use permit, number 3. No public address system shall be. Feik: Oh sorry. 30 Sacchet: No public address system shall be audible from any residential parcel so that should accommodate that, would it? Feik: Yep. So I will make a motion the Planning Commission recommends approval of. Slagle: So if you tell them, and I'm sorry to laugh but you tell me if someone goes across the street to Pulte and. Feik: Well if Pulte complains. Slagle: But that's not the wording it says. It says can't be audible from the residence. Aanenson: Can't be heard. Slagle: Okay, so I guess what I'm saying is, just curious. Did someone go to the nearest house. Aanenson: Sharmeen was out on a couple last week. It's a frequent call, not just on gas stations but other audible. It's a very common complaint. We enforce those. Slagle: Okay. Sacchet: Alright, Bruce. Were you going to make a motion? Feik: Sure. Sacchet: Go ahead. Feik: I move that the Planning Commission recommend approval of conditional use permit #2003-2 CUP to allow the construction of a convenience store with gas pumps on Lot 2, Block 1, Arboretum Shopping Center, with the following conditions 1 through 9. Sacchet: There's a motion. Is there a second? Lillehaug: Second. Slagle: Point of clarification. Sacchet: Go ahead Rich. Slagle: Would there be merit to having a friendly recommendation? Sacchet: You be the judge of that. Slagle: Well okay. But it would be that if the drive thru, which we have not approved, okay. That becomes an entrance way into the building with parking. Is that just a natural assumption? Feik: That would also be in the site plan review. Wouldn't it? Or would that be here? Slagle: I don't know. 31 Lillehaug: That'd Probably be part of the subdivision. Or site plan. Sacchet: Site plan most likely. Okay. Slagle: I withdraw that. Sacchet: So we have a motion, we have a second. Any more comments, additions? Feik moved, Lillehaug seconded that the Planning Commission recommends approval of Conditional Use Permit g2003-2 CUP to allow the construction of a convenience store with gas pumps on Lot 2, Block 1, Arboretum Shopping Center, with the following conditions: 1. No unlicensed or inoperable vehicles shall be stored on premises. 2. No repair, assembly or disassembly of vehicles. 3. No public address system shall be audible from any residential parcel. 4. Gas pump stacking area deemed to be appropriate by the city shall not intrude into any required setback area. 5. No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles or all-terrain vehicles. 6. Facilities for the collection of waste oil must be provided. 7. Gas pumps and/or storage tank vent pipes shall not be located within one hundred (100) feet of any parcel zoned or guided for residential use. 8. All light fixtures under the canopy shall be recessed into the canopy and screened. The canopy must be constructed of an opaque material to prevent light from shining through. 9. For Phase I, approval of this application is contingent upon approval of the following applications: a. PUD Amendment 1992-2 PUD. b. Site Plan Review 2003-6. c. Subdivision 2003-8. Ail voted in favor and the motion carried unanimously with a vote of 5 to 0. Sacchet: So we come to the subdivision. Do we have a motion? Oh, do we need to summarize? There's no summarize. We're accepting it. Summary is we accept it. Alright, next. Feik: I move that the Planning Commission recommend approval to replat Outlot D, Arboretum Village and Lot 1, Block 4, Vasserman Ridge (4.79 acres), 2003-8 SUB into three lots as shown on plans dated June 4, 2003 subject to the following conditions 1 through 4. Sacchet: There is a motion. Is there a second? Lillehaug: Second. 32 Sacchet: Any comments, friendly amendments? Seeing none. Feik moved, Lillehaug seconded that the Planning Commission recommends approval to replat Outlot D, Arboretum Village and Lot 1, Block 4, Vasserman Ridge (4.79 acres), 2003-8 SUB into three lots as shown on plans dated June 4, 2003, subject to the following conditions: 1. The developer shall provide a cross access and cross parking agreement for the three parcels. 2. The following park dedication charges will apply: Lot 1- $8,540; Lot 2- $11,620; and Lot 3 - $13,650 which shall be paid prior to recording of the final plat. 3. The total SWMP fees of $58,824.57 are due payable to the city at time of final plat recording. 4. Public utility improvements will be required to be constructed in accordance with the city's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the city and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDot, etc. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Sacchet: On the subdivision summary we accept it. Next. Site plan. Feik: I move that the Planning Commission recommend approval of Site Plan Review 2003-6 SPR for the construction of three multi-tenant buildings, one of which contains a convenience store with gas pumps and coffee shop, and a car wash as shown in plans prepared by Damberg, Scott, Gerzina, Wagner Architects dated Received May 16, 2003, with the following conditions. 1 through 32 and I'm sure there's going to be more. Sacchet: Alright, do you want to add more from your side before we second or? Feik: No, go ahead. Sacchet: Okay, we have a motion. A second please. Slagle: Second. Sacchet: Okay, we have a motion and a second. Friendly amendments. Who wants to jump in? Lillehaug: I'd like to make a friendly amendment. To the crosswalk. ! would like to revise that. Sacchet: Which number? Lillehaug: Number 5. I would like to say work with staff at the best possible location to provide crosswalks to the site across West 78th Street. Would that be accepted? Feik: Acceptable. 33 Sacchet: Good. Slagle: Can I... And ask Commissioner Lillehaug. Would you be open to if that was moved to the west, that the sidewalk then be put on the north side of the property? Lillehaug: I think if you put a sidewalk on the north side of the property then that's going to further give people, yeah. Slagle: So basically what you're saying though is anybody coming from the west that wants to get to property C, are going to have to go through what I'll call the middle of Chevyville. Sacchet: Alright, clear? Any more friendly amendments from your end? I have two friendly amendments. Condition 8. Get rid of the please correct this and say the property line dimensions for Phase II parcel must match the final plat for Vasserman Ridge. Is that acceptable? Feik: Yes. Sacchet: Condition 13. That's a story, not a condition. It should read, complete drainage calculations with additional informations are required, then from there on staff will work with applicant and so forth as is. Feik: Acceptable. Sacchet: Alright, that's my two additions. Slagle: Quick question, where is attachment A come into play with the sidewalks? Feik: We need to'attach that. Sacchet: We need to mention that. Aanenson: Number 5, it says as shown in Attachment 1. If you want to add as amended because we added that other sidewalk but I think that's further qualified by Commissioner Lillehaug's comment. Sacchet: And I have one more friendly amendment. Applicant will work with staff on the transparency or breaking up the east and west side of the carwash with the intent that it doesn't necessarily have to be windows. I mean there are other ways to put a little more interest into it. Just work it out. Feik: Accepted. Lillehaug: ! have one more. Sacchet: Go ahead Steve. Lillehaug: Number 6. Work with staff on the No U tum sign. And that would be at Century Boulevard and West 78th Street. Sacchet: Is that acceptable Bruce? Feik: Why work with staff versus require? 34 Sacchet: Can you explain that Steve? Lillehaug: Why work with staff?. Feik: It's already required, is it not? Lillehaug: It's required and I'm saying it may not be required. And allow a U turn there. Sacchet: It's a four way stop. Feik: But your preference is to have a no U turn. Lillehaug: My preference is to have a U turn allowable. Feik: Oh it is? Lillehaug: Yeah. I would actually investigate it myself before I would make a recommendation. And that's why I want to say work with staff. Feik: Any fellow commissioners have. Sacchet: I support Steve in that. Slagle: I don't know, you put a left hand turn signal when you do a U turn and you've got a three way stop, right? Or is it four way? Sacchet: It's a four way. Considering it's a four way, it's alright to investigate. We're saying it'sa good idea. Feik: Okay. Slagle: And I had one last one. On the parking spots on the north side, 10 spaces. On the convenience store that if the drive thru is not carded on with the next meeting with council that those spaces be dedicated to the convenience store. I almost just assumed or. Aanenson: Sure. I would assume that would be... Scott Schmitt: ...re-work the site. I mean...parking spots but getting into them might be problematic, but if we could work with staff on an acceptable site plan if that's okay with you, that's the way I'd like to. Slagle: Because you understand the thinking of... Sacchet: Point of clarification. We're not saying anything about the right tums? That's kind of directed at you Steve. Lillehaug: No. Sacchet: Alright. We have a motion. We have a second. 35 Feik moved, Slagle seconded that the Planning Commission recommend approval of Site Plan Review 2003-6 SPR for the construction of three multi-tenant buildings, one of which contains a convenience store with gas pumps and coffee shop, and a car wash as shown in plans prepared by Damberg, Scott, Gerzina, Wagner Architects dated Received May 16, 2003, subject to the following conditions: Correct the driveway dimensions on the site plan (Sheet A0) to read 26 feet in width. Also, dimension the turn lane widths and taper ratios. The taper ratio for the West 78th Street turn lane shall be a minimum of 5:1. 2. On the grading plan: ao fi g. h. i. j. Increase the rock construction entrance to a minimum of 75 feet in length per City Detail No. 5301. Revise the existing 980 contour that crosses with another illegible contour on the existing topography. Likewise, correct the proposed 978 crossing contour lines. Provide erosion control blankets on the steep slopes along the west side of the entrance drive and along the east side of the Phase II building. Revise the boulevard slope in the West 78th Street right-of-way to a maximum grade of 2% within 15 feet of the curbline. Provide emergency overflows for catch basin nos. 3 and 4. The overflow elevation must be a minimum of one foot lower than the finished floor elevation of the adjacent building. Show all existing and proposed easements. Show the existing pond to the east of the site and include the NWL and HWL. Also, show the existing storm sewer in the pond area. Show the proposed lot and block numbers. Limit the number of inlet aprons to the eastern pond of one inlet. Add a benchmark to the plan. On the utility plan (Sheet C2): Show all proposed utility easements. Revise the watermain to loop through the site and connect with the existing main in West 78~ Street. Show the existing watermain in West 78th Street and the storm sewer in the pond to the east. Move sanitary manhole no. 6 into the main drive aisle for access purposes. The minimum allowable storm sewer between catch basins is 12 inches in diameter. Revise where necessary. All of the public watermain will be PVC C-900 pipe. Revise where necessary. Add street lights at the southeasterly corner of West 78th Street and Century Boulevard and at the proposed driveway connection with West 78t~ Street. Add all applicable City of Chanhassen Detail Plates to Sheet C3. The applicant will work with staff to determine the best possible location to provide a crosswalk across West 78th Street. The crosswalk will be from the south to the north side of West 78 Street and connect with the existing bituminous trail and provide the additional sidewalk connection as shown in Attachment #1, as amended. 36 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. The applicant will work with staff to determine if a "No U Turn" sign will be required at the north end of the median on Century Boulevard and West 78t~ Street. The silt fence on the east side of the site must be Type III, heavy duty. The property line dimensions for the Phase II parcel must match the final plat for Vasserman Ridge. Private easements are required for the storm sewer lines that run from one lot to another. Show the pavement sections for the bituminous path and private street/drive aisle on the plans. Provide an internal sign to direct cars out to West 78th Street for Highway 5 bound traffic. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. The applicant has submitted drainage calculations for the site, however additional information is required. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 year, 24 hour storm event. Minimum 30 foot wide easements will be required over the public portion of the utility lines. Installation of the private utilities for the site will require permits and inspections through the City' s Building Department. The existing contours for the Phase II portion of the site should reflect the Vasserman Ridge 2n~ Addition grading. Sanitary sewer and water hookup charges along with the Met Council' s SAC fee will be due at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440 per unit, the water hookup charge is $1,876 per unit, and the SAC fee is $1,274 per unit. The main drive aisle through the site will be a private street sine it serves multiple lots. As such, the road must be a minimum of 26 feet wide, built to a 9 ton design and enclosed within a 40 foot wide private easement. Concrete driveway aprons, per City Detail Plate #5207 are required at the two proposed access points to the site. , For Phase I, approval of this application is contingent upon approval of the following applications: a. Subdivision 2003-8 SUB. b. PUD Amendment 1999-2 PUD. c. Conditional Use Permit 2003-2 CUP. For Phase II, approval of this application is contingent upon approval of the following applications: 37 22. 23. 24. 25. 26. 27. 28. 29. ao Subdivision 2003-8 SUB. PUD Amendment 2002-2. Landscaping Requirements: Phase I: The applicant shall increase plantings to meet minimum requirements for buffer yards, boulevard trees and parking lot trees. A revised landscape plan shall be submitted to the City prior to City Council approval. The applicant shall fully screen parking lots from adjacent roadways through the use of berming or increased landscaping. Phase II: The applicant shall increase landscape plantings to meet minimum requirements for buffer yards, boulevard trees and parking lot trees. A revised landscape plan shall be submitted to the City prior to City Council approval. The applicant shall fully screen parking lots from adjacent roadways through the use of berming or increased landscaping. The applicant shall show the west and north elevations of the car wash. All roof top equipment shall be screened. The trash enclosure shall be built with the same type of materials used on the buildings. The applicant shall introduce a pitched element to Building "B". The parking lot islands shall be increased to 10 feet in width or aeration tubes will be required to be installed. The applicant shall enter into a site plan agreement with the city and Provide the necessary financial securities. Fire Marshal conditions: ao bo A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire marshal for exact location of signs and curbs to be painted yellow. The building must comply with Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy //36-1994. Copy enclosed. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. Copy enclosed. 38 A POst Indicator Valve will be required on the new building that have fire service water coming into the building. Submit radius tums and dimensions to City Engineer and Chanhassen Fire marshal for review and approval. Phase II. The fire hydrant shown on Building "C" will need to be relocated in front of the building. Contact Chanhassen Fire Marshal for exact location. 30. Building Official conditions: The buildings are required to be protected by automatic fire extinguishing systems. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. Building A must have a minimum of 3 accessible parking spaces, one of which must have an 8 foot access aisle. Building C must have a minimum of 5 accessible parking spaces. Separate water and sewer services must be provided for each piece of property. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 31. The applicant will need to apply for on-sale liquor licenses for the restaurants in Phase II. 32. Applicant will work with staff on the transparency or breaking up the east and west side of the carwash with the intent that it doesn't necessarily have to be windows. 33. If the drive thru is not carried on with the City Council, that the parking spaces be revisited with staff and the applicant. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 39 Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 June 30, 2003 Sharmeen A1-Jaff Senior Planner, City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 JUL 0 2003 CITY OF CHANHASSEN SUBJECT: Retail Development Hwy 5 and Century BOulevard Mn/DOT Review #S03-031 NE Quad of TH 5 and Centry Blvd Chanhassen, Carver County Control Section: 1002 Dear Ms. A1-Jaff: The Minnesota Department of Transportation (Mn/DOT) has reviewed the above referenced site plan. Please address the following issues before any further development: The southern most proposed entrance off of Century Ave will not be allowed. Mn/DOT has purchased access control in this area. Please see the attached map for the location of Mn/DOT's access control. There will be no accesses allowed to cross through this area. If you have any questions concerning this issue please contact Becky Paryzack, Mn/DOT Right of Way Engineer, at (651) 582-1279. Landscaping is shown on Mn/DOT right of way along Century Boulevard. All landscaping must be located off of Mn/DOT right of way. In addition any use of or work within Mn/DOT right of way requires a permit. Please direct questions regarding permit applications to Keith VanWagner (651-582-1443) of Mn/DOT's Permits section. A Mn/DOT drainage permit will be required. The modeling for the 10 and 100 year rain events will need to be submitted to evaluate the results. Please direct questions concerning this issue to Ben Timerson, Mn/DOT Water Resouces Engineer, at (651) 634-2399. As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Paul Czech Mn/DOT - Metro Division Waters Edge 1500 West C°unty Road B-2 Roseville, Minnesota 55113 An equal opportunity employer Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's review and response to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. If you have any questions concerning this review please feel free to contact me at (651) 582-1378 Sincerely, Senior Transportation Planner Copy: Roger Gustafson / Carver County Engineer BKBM Engineers Mn/DOT LGL File - Chanhassen Mn/DOT Division File CS 1002 FIRST AMENDMENT TO VASSERMAN RIDGE DEVELOPMENT CONTRACT/PUD AGREEMENT AGREEMENT Dated July 14, 2003, BY AND BETWEEN THE CITY OF CHANHASSEN, a Minnesota Municipal corporation ("City"), and NORTH COAST PARTNERS, a Minnesota limited partnership (the "Developer". 1. BACKGROUND. The parties have previously entered into a development contract/PUD agreement for Vasserman Ridge dated August 26, 2002 (The "Development Contract"). The Development Contract was recorded on 2002 as Carver County Abstract Document No. __ and on as Carver County Torrens Document No. The developer is now amending the development design standards. 2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect with the modifications listed in the amendment below. 3. AMENDMENT. In addition to the terms and conditions outlined in the Development Contract, the following amendments shall apply: a.) Exhibit C to the Development Contract sections c. Setbacks is amended to add: c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback ! Required Minimum Proposed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 30 feet Interior Public Right-of-Way 30 feet 60 feet Hard Surface Commercial 70% 68.3% Parking Setback if screening is 10 feet 10 feet provided B.) Exhibit C to the Development Contract section e. Sign Criteria is amended to add: e. Sign Criteria 1 Monument Sign Lot 3 will have one monument sign facing Highway 5. The height of the sign shall not exceed 5 feet with a maximum area Of 24 square feet. The base of the sign shall be built of materials similar to those used on the exterior of the buildings and compliment their architectural design. The signs must maintain a minimum 10 foot setback from the property lines. Wall Mounted Signs Building "C" shall be permitted signage along the west and south elevations only. All signs require a separate permit. The signage will have consistency throughout the development and add an architectural accent to the buildings. Consistency in signage shall relate to color, size, materials and heights. Back-lit individual letter signs are permitted. Individual letters may not exceed 30 inches in height. Only the name and logo of the business occupying the building will be permitted on the sign. The applicant must obtain a sign permit prior to erecting the signs on the site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. IN WITNESS WHEREOF this "First Amendment was executed by the parties the day and year first above written. CITY OF CHANHASSEN BY Thomas A. Furlong, Mayor Todd Gerhardt, City Manager 2 DEVELOPER By Its STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of ,2003, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, 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. STATE OF MINNESOTA NOTARY PUBLIC COUNTY OF The foregoing instrument was acknowledged before me this __ 2003, by ., the of day of NOTARY PUBLIC MORTGAGE HOLDER CONSENT TO VASSERMAN RIDGE DEVELOPMENT CONTRACT/PUD AGREEMENT , which holds a mortgage on all or part of the subject property, the development of which is governed by the foregoing Vasserman Ridge Development COntract/PUD Agreement, agrees that the Development Contract/PUD Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this ~ day of ,2003. By Its STATE OF MINNESOTA ) ( SSo COUNTY OF ) The foregoing instrument was acknowledged before me this ,2003, by day of , its NOTARY PUBLIC 4 FIRST AMENDMENT TO ARBORETUM VILLAGE DEVELOPMENT CONTRACT/PUD AGREEMENT AGREEMENT Dated July 14, 2003, BY AND BETWEEN THE CITY OF CHANHASSEN, a Minnesota Municipal corporation ("City"), and NORTH COAST PARTNERS, a Minnesota limited partnership (the "Developer". 1. BACKGROUND. The parties have previously entered into a development contract/PUD agreement for Arboretum Village dated May 14, 2001 (The "Development Contract"). The Development Contract was recorded on 2001 as Carver County Abstract Document No. __ and on as Carver County Torrens Document No. The developer is now amending the development design standards. 2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect with the modifications listed in the amendment below. 3. AMENDMENT. In addition to the terms and conditions outlined in the Development Contract, the following amendments shall apply: a.) Exhibit C to the Development Contract sections c. Setbacks is amended to add: c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback Required Minimum Proposed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 30 feet Interior Public Right-of-Way 30 feet 7 variance was granted by the City Council Hard Surface Commercial 70% 68.3 % Parking Setback if screening is 10 feet 10 feet provided b.) Exhibit C to the Development Contract sections e. Signage Criteria is amended to add: e. Signage Criteria Monument Sign 0 Lot 1 shall not contain any monument signs. In return, the applicant shall be permitted to place a 10 foot high sign with a maximum area of 48 square feet along Highway 5 on Lot 2. Lot 2 will contain one monument sign at the intersection of Highway 5 and Century Boulevard. The height of the sign shall not exceed 5 feet with an area of 24 square feet. All signs shall be built of materials similar to those used on the exterior of the buildings and complement their architectural design. The signs must maintain a minimum 10 foot setback from the property lines. Wall Mounted Signs 1. Building "A" shall be permitted signage along the south and west elevations only. 2. Building "B" shall be permitted signage along the west and south elevations only. 3. The gas pump canopy shall not be permitted to have any signage. 4. The carwash shall be permitted to have one sign along the south or east elevation. 5. All signs require a separate permit. 6. The signage will have consistency throughout the development and add an architectural accent to the buildings. Consistency in signage shall relate to color, size, materials and heights. 7. Back-lit individual letter signs are permitted. Individual letters may not exceed 30 inches in height. 8. Only the name and logo of the business occupying the building will be permitted on the sign. 9. The applicant must obtain a sign permit prior to erecting the signs on the site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. IN WITNESS WHEREOF this "First Amendment was executed by the parties the day and year first above written. CITY OF CHANHASSEN BY Thomas A. Furlong, Mayor AND Todd Gerhardt, City Manager DEVELOPER By. Its STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instmment was acknowledged before me this day of ,2003, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, 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. STATE OF MINNESOTA NOTARY PUBLIC COUNTY OF The foregoing instrument was acknowledged before me this 2003, by , the of day of NOTARY PUBLIC MORTGAGE HOLDER CONSENT TO ARBORETUM VILLAGE DEVELOPMENT CONTRACT/PUD AGREEMENT , which holds a mortgage on all or part of the subject property, the development of which is governed by the foregoing Arboretum Village Development Contract/PUD Agreement, agrees that the Development Contract/PUD Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this ~ day of ,2003. By Its STATE OF MINNESOTA ) ( SS. COUNTY OF ) The foregoing instrument was acknowledged before me this ,2003, by day of ,its NOTARY PUBLIC 4 FIRST AMENDMENT TO ARBORETUM VILLAGE DEVELOPMENT CONTRACT/PUD AGREEMENT AGREEMENT Dated July 14, 2003, BY AND BETWEEN THE CITY OF CHANHASSEN, a Minnesota Municipal corporation ("City"), and NORTH COAST PARTNERS, a Minnesota limited partnership (the "Developer". 1. BACKGROUND. The parties have previously entered into a development contract/PUD agreement for Arboretum Village dated May 14, 2001 (The "Development Contract"). The Development Contract was recorded on 2001 as Carver County Abstract Document No. ~ and on as Carver County Torrens Document No. The developer is now amending the development design standards. 2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect with the modifications listed in the amendment below. 3. AMENDMENT. In addition to the terms and conditions outlined in the Development Contract, the following amendments shall apply: a.) Exhibit C to the Development Contract sections b. Permitted Uses is amended to add: The permitted uses within the neighborhood commercial zone should be limited to appropriate commercial and service uses consistent with the neighborhood. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on this outlot shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Such uses may include small to medium sized restaurant (no drive-thru windows unless it is completely hidden from views, has walls on two sides of the drive- through lane, is attached to the main building, and the roof of the building extends over the drive-through. The exterior wall of the drive-through shall contain the same level of architectural detail as the rest of the building and as described in the design standards of the City Code), office, day care, neighborhood scale commercial, convenience store, churches, or other similar type and scale uses as described in the Comprehensive Plan. No single use shall exceed 5,000 square feet. b.) Exhibit C to the Development Contract sections c. Setbacks is amended to add: c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following 1 table displays those setbacks. Setback Required Minimum Proposed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 30 feet Interior Public Right-of-Way 30 feet 7 variance was granted by the City Council Hard Surface Commercial 70% 68.3% Parking Setback if screening is 10 feet 10 feet provided c.) Exhibit C to the Development Contract sections e. Signage Criteria is amended to add: e. Signage Criteria Monument Sign Lot 1 shall not contain any monument signs. In return, the applicant shall be permitted to place a 10 foot high sign with a maximum area of 48 square feet along Highway 5 on Lot 2. Lot 2 will contain one monument sign at the intersection of Highway 5 and Century Boulevard. The height of the sign shall not exceed 5 feet with an area of 24 square feet. ~ All signs shall be built of materials similar to those used on the exterior of the buildings and complement their architectural design. The signs must maintain a minimum 10 foot setback from the property lines. Wall Mounted Signs 2. 3. 4. 5. 6. 7e Se Building "A" shall be permitted signage along the south and west elevations only. Building "B" shall be permitted signage along the west and south elevations only. The gas pump canopy shall not be permitted to have any signage. The carwash shall be permitted to have one sign along the south or east elevation. All signs require a separate permit. The signage will have consistency throughout the development and add an architectural accent to the buildings. Consistency in signage shall relate to color, size, materials and heights. Back-lit individual letter signs are permitted. Individual letters may not exceed 30 inches in height. Only the name and logo of the business occupying the building will be permitted on the sign. 2 9. The applicant must obtain a sign permit prior to erecting the signs on the site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. IN WITNESS WHEREOF this "First Amendment was executed by the parties the day and year first above written. CITY OF CHANHASSEN BY Thomas A. Furlong, Mayor AND Todd Gerhardt, City Manager DEVELOPER By. Its STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of ,2003, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, 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. 3 STATE OFMINNESOTA NOTARY PUBLIC COUNTY OF The foregoing instrument was acknowledged before me this 2003, by , the of day of NOTARY PUBLIC 4 MORTGAGE HOLDER CONSENT TO ARBORETUM VILLAGE DEVELOPMENT CONTRACT/PUD AGREEMENT , which holds a mortgage on all or part of the subject property, the development of which is governed by the foregoing Arboretum Village Development Contract/PUD Agreement, agrees that the Development Contract/PUD Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this ~ day of ., 2003. By Its STATE OF MINNESOTA ) ( SS. COUNTY OF ) The foregoing instrument was acknowledged before me this ,2003, by day of ,its NOTARY PUBLIC 5 Planning Commission Meeting - June 17, 2003 A Post Indicator Valve will be required on the new building that have fire service water coming into the building. Submit radius tums and dimensions to City Engineer and Chanhassen Fire marshal for review and approval. Phase II. The fire hydrant shown on Building "C" will need to be relocated in front of the building. Contact Chanhassen Fire Marshal for exact location. 30. Building Official conditions: ao do The buildings are required to be protected by automatic fire extinguishing systems. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. Building A must have a minimum of 3 accessible parking spaces, one of which must have an 8 foot access aisle. Building C must have a minimum of 5 accessible parking spaces. Separate water and sewer services must be provided for each piece of property. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 31. The applicant will need to apply for on-sale liquor licenses for the restaurants in Phase II. 32. Applicant will work with staff on the transparency or breaking up the east and west side of the carwash with the intent that it doesn't necessarily have to be windows. 33. If the drive thru is not carried on with the City Council, that the parking spaces be revisited with staff and the applicant. Ali voted in favor and the motion carried unanimously with a vote of 5 to 0. Sacchet: Summary for council. We did not leave in the drive thru. Modified some aspects to work with staff, including the crosswalk on the northeast side I guess that is. The U turn on Century Boulevard meeting West 78th Street, and I believe that's the highlights of this one. Anything else any of you wants to add? Thank you very much. This is definitely a great proposal. This goes to council on the 14th of July. Okay. So good luck. APPROVAL OF MINUTES: Feik noted the Minutes of the Planning Commission meetings dated May 6, 2003 and June 3, 2003 as presented. Chairman Sacchet adjourned the Planning Commission meeting at 10:35 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 71 Z Z 24 So. Olive Street, Suite 105 Waconia MN 55387 ph. 952-442-8799 fax 952-442-8,556 May 16, 2003 Sharmin A1-Jaff City of Chanhassen 690 City Center Drive PO Box 147 Chanhassen MN 55317 Re: NEQ of Highway 5 and Century Ave. Arboretum Phase I & II Sharmin Enclosed is the application for a site plan review, a conditional use permit for the car wash, and a variance request for the drive-thru in the retail project planned for the above mentioned property. Phase I of the project consists of a convenience store with gas, a coffee shop with drive thru, a car wash, and a 13,192 square foot, multi-tenant retail building. This retail building is planned to accommodate a typical mix of neighborhood retail services. Phase II consists of a two-restaurant building similar to our Crossroads development under construction with Chipotle and Buffalo Wild Wings. These are two separate applications and approvals which I would like to take thru the city process together. My goal is to take this to Planning Commission on June 17th and then to City Council on July 14th. I am delighted to be working with the city on this project. If you have any questions please call me at 952-442-8799. Scott Schmitt, CCIM President CC: Ron Clark 06/10/2003 08:44 FAX 9524737401 LUNDGREN BROS, CONST. ~002 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-11 O0 DEVELOPMENT REVIEW APPLICATION APPLICANT;_.~Ct~"7' _h~-~3,a~T P~;~T~£P,S ~ C~ !-. [4T~ OWNER: L ADDRESS:~ ~, O~IV'~ ~ ~~ ADDRESS: ~/~~ TELEPHONE (Day time) _~__, ~ , ~7~ _ TELEPHONE: ~.~, ~. ~Oil __ Comprehensive Plan Amendment Conditional Use Permit _ Interim Use Permit Non-conforming Use Permit Planned Unit Development' Rezoning Sign Permits ~ Sign Plan Review _.~. Site Plan Review' Subdivision' Temporary SaJes Permit Vacation of ROW/Easements Variance Wetland Alteration Permit Zoning Appeal _ Zoning Ordinance Amendment Notification Sign ~X Escrow for Filing Fees/Attorney Cost" ($50 CUP/SPR/VACNAR/W AP/Metes and Bounds, $400 Minor SUB) TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. 'Twenty-six full size folded copies of the plans must be submitted, including an 8~" X 11" reduced c~py for each plan sheet, *' Escrow will be required for other applicaUons through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. 06/10/2003 08:44 FAX 9524737401 L[~DGREN BROS. CONST, ~003 PROJECT NAME__~~~TL,' LOCATION LEGAL DESCRIPTION F 7 " (= ' : - ' i/E--'_ ' ' I TOTAL ACREAGE W TLANDS PRESENT YES NO PRESENT ZONING REaUESTED ZONinG_ PR SaNT 9aS aNAT ON ', REQUESTED ~ND USE DESIGNATION REASON FOR ~lS REQUEST This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business clays of application submittal, A written notice of application deficiencies shall be mailed to the applicant within ten business days of application, This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request, This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application, I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), Or I am the authorized person to make this application and the fee owner has also signed this application, I will keep myself informed of the deadlines for submission o)' matedal and the progress of this application. I further understand that additional fees may be charged fer consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for developrnent r~.e,3d~ew, Development review shall be completed within 1~0 days unless additional review extens~ved~~~icant. _ ~gnatur~f A~'plicant '~-Y ~'' /~ ' .~-~ Date Signature of Fee Owner Date Application Received on _ .~'-t~'-~t~_ Fee Pai~¢' I 5 ~. L/_/j(__ Receipt No. ~ii ,] .6'~'7D The applicant should contact ~taff for a ~py of the s~ff repo~ which will be available on Friday prior to the m~tlng. If not centered, a =opy of the mpo~ will be ~ailed ~ the appli~nt's addre~. 06/10/2003 08:45 FAX 9524737401 Lt~DGREN BROS. C0N~. May 22, 2003 Cou-~-~iunlty Development Director City of Chanhassen 7700 Market Blvd PO Box 147 Chaahass~, ~ 55317 l~: Applieariou Fax 9~2.47~.7401 93~ Ea.st Wayzata Boulev=rd Wayzata. Minnesota 5539'/ www. lu.d..~-renbmi.coJ11 ~":l¢{~r ~'~nt~ Na. ~OI~I;Z Dear Kate; Please consider Lundgre~ Bros as a co-applicant with Clearwater Development for a Site Pl,n Approval for our 2 acre commercial located off'of 78m St. We are giving C16azwater Development our pcrmisaion to process an application w/th the City of Chanbasseaz Sincerely, ~'~c S. Anderson Sr. Vic~ President Project Mana§~r LI.rN'D~RBN BROS. CONST, CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT:.M_~f'<Tt-I (_O/L~' ~.AIq>TIdEP,,3 cia C.L.F.A~_~.TEP,, OWNER: ']~UL_'T'E Hc~i~F_..'s, O,ClYIN K-_JoR. p ADDRESS:~)q 5', OL. IVE ~T ('-~['~c~up ADDRESS: ~1~' t~olLrTi.~J~s"C' ~A/D.,KU/I,y ~T~ ta'~ t,d^c.o~d~^; m,,J ~sSs? 6urr'c=_ v-to F-o..a~nz hlkl TELEPHONE (Daytime) ~.6-,.,9., '-/¥Z., 879'~ TELEPHONE: G~I, ffS'~ · 570,7 Comprehensive Plan Amendment "~ Conditional Use Permit Temporary Sales Permit q ~' __ Vacation of ROW/Easements Interim Use Permit /~ Variance ~;~;~ Non-conforming Use Permit ~ Wetland Alteration Permit Planned Unit Development* ~ Rezoning Zoning Appeal Zoning Ordinance Amendment Sign Permits Sign Plan Review ~, Notification Sign ! ?5 Site Plan Review* X Subdivision* Escrow for Filing Fees/Attorney Cost** ($50 CUPISPRIVACNARIWAPIMetes and Bounds, $400 Minor SUB) TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy of transparency for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION TOTAL UILLAGE. WETLANDS PRESENT __ YES ,/~ NO PRESENT ZONING p(.~) (~..(~/~/~_,(~c.I/~ c_ REQUESTED ZONING J'}UD PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approv~nt. Signature of Fee Owner Date Application Received on ~'.-/~,..-~._~ FeePaid ~l~,~.~ ReceiptNo. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. NOTICE OF PUBLIC HEARING PROPOSED SUBDIVISION AND SITE PLAN REVIEW CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 20, 2003 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Boulevard. The purpose of this hearing is to consider a request for: Phase I - Replat of an outlot into two lots. Site Plan review for the construction of a Car Wash, Coffee shop/Convenience/Gas Station, and strip mall, a conditional use permit to allow a convenience store with gas pumps, on property zoned PUD with variances and a PUD amendment to allow a drive through. The total lot area is 2.84_+ acres. The site is located northeast of the intersection of Highway 5 and Century Boulevard and south of West 78th Street, Clearwater Development. Phase II - Replat of an outlot into a lot. Site Plan review with variances for a multi-tenant building (a conditional use permit has been granted for construction on the site which falls within the Bluff Creek Overlay District) on property zoned PUD. The total lot area is 1.95 acres. The site is located approximately 240 feet east of the intersection of Highway 5 and Century Boulevard and south of West 78th Street, Clearwater Development Group. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmeen A1-Jaff, Senior Planner Phone: 952-227-1134 (Publish in the Chanhassen Villager on June 5, 2003) NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JUNE 17, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Subdivision & Site Plan APPLICANT: Clearwater Development LOCATION: Century Blvd. & Hwy. 5 NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Clearwater Development is requesting the following: Phase I - Replat of an outlot into two lots. Site Plan review for the construction of a Car Wash, Coffee shoplConveniencelGas Station, and strip mall, a conditional use permit to allow a convenience store with gas pumps, on property zoned PUD with variances and a PUD amendment to allow a drive through. The total lot area is 2.84+ acres. The site is located northeast of the intersection of Highway 5 and Century Boulevard and south of West 78th Street. Phase II - Replat of an outlot into a lot. Site Plan review with variances for a multi-tenant building (a conditional use permit has been granted for construction on the site which falls within the Bluff Creek Overlay District) on property zoned PUD. The total lot area is 1.95 acres. The site is located approximately 240 feet east of the intersection of Highway 5 and Century Boulevard and south of West 78th Street. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134 or e-mail saljaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on June 5, 2003. .UNDGREN BROS CONSTRUCTION )35 WAYZATA BLVD E /VAYZATA MN 55391 ZATEWAY ACQUISITION CO LLC )35 WAYZATA BLVD E /VAYZATA MN 55391 .UNDGREN BROS CONSTRUCTION )35 WAYZATA BLVD E NAYZATA MN 55391 .3HASKA GATEWAY PARTNERS 3610 CO RD 101 NAYZATA MN 55391 31TY OF CHANHASSEN 3/0 BRUCE DEJONG ~'700 MARKET BLVD PO BOX 147 3HANHASSEN MN 55317 ~,TLANTIC FINANCIAL GROUP LTD :)808 FAIRMOUNT ST SUITE 250 3ALLAS TX 75021 31TY OF CHANHASSEN 3/0 BRUCE DEJONG ~'700 MARKET BLVD PO BOX 147 3HANHASSEN MN 55317 CIT 0F 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 'TO: Administration Phone: 952.227.1100 FROM: Fax'. 952.227.1110 Building Inspections DATE: Phone: 952.227.1180 Fax: 952.227.1190 SUB J: Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 1. Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road 2. Pho ne: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 3. Fax: 952.227.1110 Web Site www. ci.chanhassen.rnn.us MEMORANDUM Sharmin A1-Jaff, Senior Planner Mark Littfin, Fire Marshal June 9, 2003 Site plan review for convenience store/car wash/coffee shop/strip mall located at intersection of State Highway 5 and Century Boulevard south of West 78th Street, Clearwater Development. Planning Case: 2003-6 I have reviewed the site plan for the above project. In order to comply with the Chanhassen Fire Department/Fire Prevention Divi~ ,' following fire code or city ordinance/policy requirements. The site available information submitted at this time. If submitted, the appropriate code or policy items A lO-foot clear space must be lamps, trees, shrubs, bushes,, transformer boxes. This is to ensure located and safely operated Ordinance #9-1. street "No Parking contact Chanhassen Fire M be painted yellow. to The builder must comply Prevention Division regardin water on Chanhassen Fire Det Copy Enclosed. to POlicy #36-1994. 4. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to The City of Chanhassen * A growing cornmunily with clean lakes, quality schools, a charm ng downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CIT OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952,227.1100 Fax: 952,227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952,227.1160 Fax: 952,227,1170 Finance Phone: 952.227.1140 Fax: 952,227.1110 Park & Recreation Phone: 952,227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952,227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952,227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952,227.1110 Web Site www, ci.chanhassen.mn.us o Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. Copy Enclosed. A Post Indicator Valve will be required on the new buildings that have fire service water coming into the building. Submit radius tums and dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. Phase II. The fire hydrant shown on building "C" will need to be relocated in front of the building. Contact Chanhassen Fire Marshal for exact location. g:\s afetyhnl\plrev2003-6 The City of Chanhassen · A growing community wilh clean lakes, quality schools, a charming downtown, thriving] businesses, winding trails, and beautiful parks. A g~eat place to live, work, and play. MEMORANDUM CITYOF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227,1180 Fax: 952.227.1190 Engineering Phone: 952,227.1160 Fax: 952.227.1170 Finance Phone: 952,227,1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952,227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Pho ne: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227,1310 Senior Center Phone: 952,227,1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn,us TO: FROM: DATE: SUB J: Sharmeen A1-Jaff, Senior Planner Matt Saam, Assistant City Engineer ~0 June 6, 2003 Preliminary Plat Review of Arboretum ShoPping Center at the NE Comer of Century Boulevard & Highway 5 - Land Use Review File No. 03-10 Upon review of the plans dated May 14, 2003, prepared by BKBM Engineers, I offer the following comments and recommendations: GRADING/DRAINAGE/EROSION CONTROL The Phase I portion of the site was previously rough graded as a part of the Arboretum Village development. As such, the onl~ ~:ea where the grades will be significantly changed is for the berming ..st 78th Street. Rough grading for Phase II of the site is Vasserman Rid Phase II portion grading. Drainage for side of accommodate the runoff the for the Likewise, most of the the site. This as a[ Erosion with the City's recommends duty silt fence, be the site. In addition, slopes on the site. is a heavy- ust east of : The Cily of Chanhassen * A growing community with clean lakes, c~uality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A g~eat place to live, work, and play. Sharmeen Al-Jaff June 6, 2003 Page 2 UTILITIES The proposed sanitary sewer and watermains will be considered public utility lines since they will serve more than one lot. In addition, the watermain shall be looped through the site and connect with the existing water line in West 78th Street. A minimum 30-foot wide public easement will be required over the public sewer and watermain. Each of the underlying parcels has been previously assessed for utilities and those assessments have been paid. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,274/unit. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDOT, etc. STREETS & DRIVE AISLES The main drive aisle through the site will be a private street since it serves multiple lots. As such, the road must be a minimum of 26-feet wide, built to a 9-ton design, and enclosed within a 40-foot wide private easement. · An internal sidewalk system shall be developed to bring pedestrians from the public trails on the west and north sides into the site. RECOMMENDED CONDITIONS OF APPROVAL 1. Correct the driveway dimension on the site plan (Sheet A0) to read 26 feet in width. Also, dimension the turn lane widths and taper ratios. The taper ratio for the West 78th Street turn lane shall be a minimum of 5:1. Sharmeen A1-Jaff June 6, 2003 Page 3 2. On the grading plan: a. Increase the rock construction entrance to a minimum of 75 feet in length per City Detail No. 5301. b. Revise the existing 980 contour that crosses with another illegible contour on the existing topography. Likewise, correct the proposed 978 crossing contour lines. c. Provide erosion control blankets on the steep slopes along the west side of the entrance drive and along the east side of the Phase II building. d. Revise the boulevard slope in the West 78th Street right-of-way to a maximum grade of 2% within 15 feet of the curbline. e. Provide emergency overflows for catch basin nos. 3 and 4. The overflow elevation must be a minimum of one foot lower than the finished floor elevation of the adjacent building. f. Show all existing and proposed easements. g. Show the existing pond to the east of the site and include the NWL and HWL. Also, show the existing storm sewer in the pond area. h. Show the proposed lot and block numbers. i. Limit the number of inlet aprons to the eastern pond to one inlet. j. Add a benchmark to the plan. 3. On the utility plan (Sheet C2): a. Show all proposed utility easements. b. Revise the watermain to loop through the site and connect with the existing main in West 78th Street. c. Show the existing watermain in West 78th Street and the storm sewer in the pond to the east. d. Move sanitary manhole no. 6 into the main drive aisle for access purposes. e. The minimum allowable storm sewer between catch basins is 12 inches in diameter. Revise where necessary. Sharmeen A1-Jaff June 6, 2003 Page 4 f. All of the public watermain will be PVC C-900 pipe. Revise where necessary. g. Add streetlights at the southeasterly comer of West 78th Street and Century Boulevard and at the proposed driveway connection with West 78th Street. Add all applicable City of Chanhassen detail plates to Sheet C3. The developer shall be responsible for a pedestrian crosswalk on the west side of the driveway at West 78th Street. The crosswalk will be from the south to the north side of West 78th Street and connect with the existing bituminous trail. o A "No U-turn" sign will be required at the north end of the median on Century Boulevard. The silt fence on the east side of the site must be Type 3, heavy duty. The property line dimensions for the Phase II parcel do not match the final plat for Vasserman Ridge. Please correct this. Private easements are required for the storm sewer lines that mn from one lot to another. 10. Show the pavement sections for the bituminous path and private street/drive aisle on the plans. 11. Provide an internal sign to direct cars out to West 78th Street for Highway 5 bound traffic. 12. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 13. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10-year, 24-hour storm event. Sharmeen A1-Jaff June 6, 2003 Page 5 14. Minimum 30-foot wide easements will be required over the public portion of the utility lines. 15. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 16. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDOT, etc. 17. The existing contours for the Phase II portion of the site should reflect the Vasserman Ridge 2nd Addition grading. 18. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,274/unit. 19. The main drive aisle through the site will be a private street since it serves multiple lots. As such, the road must be a minimum of 26-feet wide, built to a 9-ton design, and enclosed within a 40-foot wide private easement. jms c: Teresa Burgess, City Engineer/Public Works Dir. g:\eng\projects~trboretum shopping center\ppr.doc MEMORANDUM TO: FROM: DATE: SUB J: Sharmin AI-Jaff, Senior Planner Steven Torell, Building Official May 27, 2003 Site Plan review for a carwash, coffee shop/convenience/gas station and two multi-tenant buildings located at the NE comer of Highway 5 and Century Blvd. Clearwater Development Group. Planning Case: 2003-6 I have reviewed the plans for the'above buildings received by the Planning Department on May 16, 2003. Following are my comments, which should be included as conditions of approval. 1. The buildings are required to be protected by automatic fire extinguishing systems. 2. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Building A must have a minimum of 3 accessible parking spaces, one of which must have an 8' access aisle. Building C must have a minimum of 5 accessible parking spaces. 4. Separate water and sewer services must be provided for each piece of property. 5. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. 6. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. G/safety/st/memos/plan/Clearwater Development CIT OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Ph one: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us TO: FROM: DATE: Sharmeen A1-Jaff, Senior Planner Todd Hoffman, Director of Parks and Recreation May 27, 2003 SUB J: Planning Case 2003-6, Clearwater Development Group I have reviewed the Phase I and Phase II development proposals from Clearwater Development Group for their Highway 5 at Century Boulevard site. There is no requirement for parkland acquisition and/or trail development as a part of this development. I did notice that the sidewalk connection leading east to West 78th Street is absent. Please note this deficiency and direct the applicant to install appropriate pedestrian connections. The following park dedication charges will apply to l~ts A,-B and C: Lot A $8,540 - Lot B $11,620 Lot C $13,650 c: Todd Gerhardt, ¢ Teresa B Bruce DeJong, Kate Aanenson, C; Park and The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving~ousinesses, winding trails, and beautiful parks. A gmat place to live, work, and play. DATE FILE NO. 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I wo~. CLEARWATER DEVELOPMENT GROUP RETAIL DEVELOPMENT HWY 5 & CENTURY AVE CHANHAS~EN, MINNESOTA f !! ii /?/ ,i/'?' EXHIBIT C ABORETUM VILLAGE PUD DEVELOPMENT DESIGN STANDARDS a. Intent The purpose of this zone is to create a PUD neighborhood commercial/mixed density- housing zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each structure proposed for development shall proceed through site plan review based on the development standards outlined below. A specific lighting and sign plan shall be submitted prior to final plat. b. Permitted Uses The permitted uses within the neighborhood commercial zone should be limited to appropriate commercial and service uses consistent with the neighborhood. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on this outlot shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Such uses may include small to medium sized restaurant (no drive-thru windows), office, day care, neighborhood scale commercial, convenience store, churches, or other similar type and scale uses as described in the Comprehensive Plan. No single use shall exceed 5,000 square feet. c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback Required Minimum Proposed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 30 feet Interior Public Right-of-Way 30 feet ** 7* Hard Surface Commercial 70% Not available at this time Hard Surface Coverage (Total site) 30 % 29 % * not accepted ** Council approval of 10 minimum for residential only in those area adjacent to public streets except Highways 41, 5 and West 78th Street. C-1 d. Building Materials and Design COMMERCIAL 1. All materials shall be of high quality and durable. Brick shall be used as the principal material and must be approved to assure uniformity with the residential uses. 2. Metal standing seam siding will not be approved except as support material to one of the above materials. 3. All accessory structures shall be designed to be compatible with the primary structure. 4. All roof-mounted equipment shall be screened by pitched roofs. Wood screen fences are prohibited. Screening shall consist of compatible materials. 5. All buildings on the commercial site shall have a pitched roof line. 6. All mechanical equipment shall be screened with material compatible to the building. RESIDENTIAL STANDARDS The plans propose five products. Each product must conform to the following standards. Club Homes (Rambler attached two unit town homes) One level town homes (with or without basement). Building exterior material shall be a combination of 4" vinyl siding or shake and brick. Colors used shall be earth tones such as soft gray, creamy white, pearl gray, shell white, etc.). Each town house shall consist of two units. One unit will have a side-loaded garage and the other will have a front loaded garage. Each unit shall utilize accent architectural features such as arched louvers, dormers, etc. All units shall utilize fiberglass shingles. Each unit shall have a minimum of 1 overstory tree within its front landscape yard. All units shall have access onto an interior street. All mechanical equipment shall be screened with material compatible to the building or landscaping. 2. Manor Homes (three to four unit town homes) [] Split level town homes with basement. [] Building exterior material shall be a combination of 4" vinyl siding, vinyl shakes, brick and stone. [] Colors used shall be earth tones such as soft gray, creamy white, pearl gray, shell white, etc. [] Each town house shall consist of three or four units. No more than two garage doors may be adjacent to each other. C-2 [] [] Each unit shall utilize accent architectural features such as round louvers, dormers, etc. All units shall utilize fiberglass shingles. Each unit shall have a minimum of 1 overstory tree within its front landscape yard. All units shall have access onto an interior street. All mechanical equipment shall be screened with material compatible to the building or landscaping. 5 Coach Homes [] Two Story town homes (four to six unit town homes). [] Building exterior material shall be a combination of 4" vinyl siding or shake and brick. [] Colors used shall be earth tones such as soft gray, creamy white, pearl gray, shell white, etc. [] Each town house shall consist of four or six units. Garage doors must be separated from each other by entryways. Each unit shall utilize accent architectural features such as dormers, etc. All units shall utilize fiberglass shingles. Each unit shall have a minimum of 1 over story tree within its front landscape yard. All units shall have access onto an interior street. All mechanical equipment shall be screened with material compatible to the building or landscaping. 4. Village Homes [] Two story town homes with tuck under garage (four to eight unit town homes). [] Building exterior material shall be a combination of 4" vinyl siding or shake and brick. [] Colors used shall be earth tones such as soft gray, creamy white, pearl gray, shell white, etc. [] Each town house shall consist of four to eight. Garage doors must be staggered. [] Each unit shall utilize accent architectural features such as dormers, bay windows, arched windows, shutters, etc. [] All units shall utilize Class A fiberglass/asphalt shingles (230 lb. per sq. inch). [] Each unit shall have a minimum of 1 overstory tree within its front landscape yard. [] All units shall have access onto an interior street. [] All mechanical equipment shall be screened with material compatible to the building or landscaping. [] Changes to building detail plans dated January 16, 2001, shall be required. A design palette shall be approved for the entire project. The palette shall include colors for siding, shakes, shutters, shingles, brick and stone. The following design standards be incorporated in the development: C-3 a. Vinyl shakes are an acceptable material on all home styles. b. Prohibit shiplap siding. Specify that all buildings use UL Class A asphalt/fiberglass shingle, 230 pounds or better. d. All foundation walls be screened by landscaping or retaining walls. Central air conditioning shall be included in the base priCe of all homes per the EAW noise abatement recommendation. The percent of brick and other materials for each building style shall be built as per Attachment A. g. Commercial design standards shall prohibit standing seam siding as a curtain wall. h. The applicant shall provide benches in the totlot areas. No adjacent unit shall have the same front elevation colors or architectural styles with any 4 types of homes. Materials to be consistent with the Arboretum Village elevation materials dated 2-7-01. C~4 PUD EXHIBIT C VASSERMAN RIDGE DEVELOPMENT STANDARDS Intent The purpose of this zone is to create a PUD neighborhood commercial/mixed density-housing zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each structure proposed for development shall proceed through site plan review based on the development standards outlined below. A specific lighting and sign plan shall be submitted prior to final plat. b. Permitted Uses The permitted uses within the neighborhood commercial zone should be limited to appropriate commercial and service uses consistent with the neighborhood. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on this outlot shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Such uses may include small to medium sized restaurant (no drive-thru windows), office, day care, neighborhood scale commercial, convenience store, churches, or other similar type and scale uses as described in the Comprehensive Plan. No single use shall exceed 5,000 square feet. c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback Required Minimum Proposed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 30 feet Interior Public Right-of-Way 30 feet 60 feet Hard Surface Commercial 70% Not available at this time d. Building Materials and Design COMMERCIAL All materials shall be of high quality and durable. Brick shall be used as the principal material and must be approved to assure uniformity with the residential uses. C-1 2. Metal standing seam siding will not be approved except as support material to one of the above materials. 3. All accessory structures shall be designed to be compatible with the primary structure. 4. All roof-mounted equipment shall be screened by pitched roofs. Wood screen fences are prohibited. Screening shall consist of compatible materials. 5. All buildings on the commercial site shall have a pitched roof line. 6. All mechanical equipment shall be screened with material compatible to the building. C-2