3 Clearwater DevelopmentCIT OF
CHAN SEN
690 Ci{y Center Drive
PO Box 147
Chanhassen, Minnesota 55317
Phone
952. 937.1900
General Fax
952.937. 5739
Engineering Department Fax
952.937.9152
Building Department Fax
952.934.2524
Web Site
www. ci. chanhassen, mn. us
TO:
Todd Gerhardt, City Manager
FROM:
DATE:
Sharmeen A1-Jaff, Senior Planner~o0
July 22, 2003
SUB J:
Clearwater Development Proposal
EXECUTIVE SUMMARY
On July 14, 2003, the City Council reviewed and tabled action on this item. The
main concern was the drive-thru attached to the coffee shop. Staff was directed to
prepare language that would insure the use of the drive thru for the sale of coffee
only and provide clarification and limits on the type of drive thru and what gets
served.
Staff visited two coffee shops with drive-thru facilities in the City of Eden Prairie.
The first, located off of Valley View Road, was part of.a multi-tenant building
with a gas station, car wash, convenience store, sub sandwich, pizza, and coffee
shop. The visit took place at approximately 11:00 a.m. The coffee shop and the
sub sandwich stores shared the same drive thru lane. Each store had its own
window. The coffee shop drive-thru window stops serving coffee at 10:00 a.m.,
while the sub sandwich shop opens their window at 10:00 a.m. The site was
congested and heavily used.
The second site is a free standing Caribou coffee shop with a drive thru window.
The building is under construction and had not opened yet, therefore, we were
unable to witness traffic circulation. The drive thru was hidden from views and
located between the Caribou building and a neighboring structure with the drive-
thru lane separating them.
Staff does not wish to create a precedent by allowing a drive-thru in a
neighborhood commercial district. There are no other food drive- thins in any of
the neighborhood commercial districts in the city.
As directed by the City Council, the following is the suggested criterion for the
drive thru:
"no drive- thru windows unless:
· The drive-thru is completely hidden from views,
· Have walls on two sides of the drive- thru lane,
The City of Chanhassen. A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, and beautiful parks. A great place to live, work, and play.
Todd Gerhardt
July 22, 2003
Page 2
Is attached to the main building,
· 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,
· The main merchandise sold through the drive-thru is coffee,
· Maximum of 25% of Gross sales can be incidental (i.e. muffins, cookies, etc.).
· The coffee shop shall provide the city with a semi annual break down of the gross sales of
the coffee shop.
· Only pre-made cold sandwiches, salads and bakery products, made off site can be sold
through the drive thru,
· No alcoholic beverages may be sold through the drive thru,
· No commercial kitchen is allowed on the premise of the coffee shop
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 final plat will be processed on
August 11, 2003. The recommendations start on page 19 of the staff report.
CITY OF
STAFF REPORT
P.C. DATE: 6/17/03
C.C. DATE: 7/4428/03
REVIEW DEADLINE: 79/15/03
CASE: 03-6 Site Plan 2003-8 SUB
2002-2 and 1999-2 PUD 2003-2 CUP
BY: A1-Jaff:v
Z
PROPOSAL: 1.
2.
3.
4.
LOCATION:
Planned Unit Development Amendment to allow a drive-thru, establish sign
criteria for the center, and parking, setback.
Preliminary Pla~ to 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.
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-thm/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; and a Conditional Use Permit to allow the construction of a convenience store
with gas pumps. Staff is recommending approval of the application. ,
Clearwater Development
June 17, 2003
Page 2
Notice of this public hearing has been mailed to all 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''d Addition has 35 blocks including 178
units and Outlots A-B with modifications
Clearwater Development
June 17, 2003
Page 3
· 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
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.
Clearwater Development
June 17, 2003
Page 4
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.
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 hearing 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.
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
Clearwater Development
June 17, 2003
Page 5
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.
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- thru 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:
· The drive-thru is completely hidden from views,
· Have walls on two sides of the drive- thru lane,
· Is attached to the main building,
· 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,
· The main merchandise sold through the drive-thru is coffee,
· Maximum of 25% of Gross sales can be incidental (i.e. muffins, cookies, etc.).
· The coffee shop shall provide the city with a semi annual break down of the gross sales of
the coffee shop.
· Only pre-made cold sandwiches, salads and bakery products, made off site can be sold
through the drive thru,
· No alcoholic beverages may be sold through the drive thru
· No commercial kitchen is allowed on the premise of the coffee shop."
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.
Clearwater Development
June 17, 2003
Page 6
Monument Si~tns: 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 Siens: Each building is permitted signage facing street frontage. Entrances into
two of the buildings face the parking lot and signage should be placed accordingly (abo~,e the
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.
Clearwater Development
June 17, 2003
Page 7
SETBACKS
The PUDs have the following setback requirements.
c. Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines.
table displays those setbacks.
Setback
From Collector Street
From Exterior Lot Lines
Interior Public Right-of-Way
Hard Surface Commercial
The following
Required Minimum Proposed
50 feet 50+ feet
30 feet 30 feet
30 feet ** NA
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
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:
Clearwater Development
June 17, 2003
Page 8
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.
SUBDIVISION FINDINGS
1. The proposed subdivision is consistent with the zoning ordinance;
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 all 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 disposal, streets, erosion control and all other improvements required by this
chapter;
Finding: The proposed subdivision will be served by adequate urban infrastructure.
Clearwater Development
June 17, 2003
Page 9
5. The proposed subdivision will not cause environmental damage;
Finding: The proposed subdivision will not cause environmental damage subject to
conditions of approval.
6. 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 all necessary easements.
The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
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.
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.
o
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.
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June 17, 2003
Page 10
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.
4. 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
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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.
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.
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. Will be aesthetically compatible with the area.
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June 17, 2003
Page 11
Finding: The proposed use will be compatible with the area.
11. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values.
12. 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.
(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 oortion 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.
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June 17, 2003
Page 13
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 facade. 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
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.
Heieht and Roof Desilln
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.
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June 17, 2003
Page 14
Site Furnishinl~
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.
Loading 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 comer of the car
wash. Recycling space and other solid waste collection space should be contained
within the same enclosure.
Landscaoin~
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
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.
Clearwater Development
June 17, 2003
Page 15
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 gui&s,
including the comprehensive plan, official road mapping, and other plans that may
be adopted;
(2) Consistency with this division;
(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
Clearwater Development
June 17, 2003
Page 16
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.
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 2nd 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 li 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 Ill
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.
Clearwater Development
June 17, 2003
Page 17
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 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.
Clearwater Development
June 17, 2003
Page 18
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
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 Proposed
5,396 sq. ft. >5,396 sq. ft.
22 canopy trees 19 canopy trees
5 canopy trees 3 canopy
10 understory trees 5 understory
19 shrubs 12 shrubs
8 canopy trees 4 canopy
15 understory trees 10 understory
23 shrubs 28 shrubs
6 canopy tree 15 canopy trees
12 understory trees 22 understory
12 shrubs 33 shrubs
20 canopy trees 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.
Clearwater Development
June 17, 2003
Page 19
Phase II
Minimum requirements for landscaping include 3,694 sq. fi. 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. fi.
12 canopy trees
3 canopy
7 understory
12 shrubs
7 canopy trees
14 understory
15 shrubs
7 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.
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 Va 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, contingent upon approval of the final plat of
Arboretum Shopping Center, as follows (amendments are shown in bold):
Clearwater Development
June 17, 2003
Page 20
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 aoorove the drive-thru, staff recommends the following
motion:
'~Ihe 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,, contingent
upon approval of the final plat of Arboretum Shopping Center, as follows
(amendments are shown in bold):
ARBORETUM VILLAGE PLANNED UNIT DEVELOPMENT AMENDMENT
WITH DRIVE THRU
Arboretum Village (1999-2 PUD)
PUD DEVFJDPMENT 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
Clearwater Development
June 17, 2003
Page 21
Propos~
Drive-Thru ~ ·
~Amendment f
·
· The drive-thru is completely hidden from views,
· Have walls on two sides of the drive- thru lane,
· Is attached to the main building,
· 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,
The main merchandise sold through the drive-thru is coffee,
Maximum of 25% of Gross sales can be incidental (i.e. muffins,
cookies, etc.).
The coffee shop shall provide the city with a semi annual break
down of the gross sales of the coffee shop.
· Only pre-made cold sandwiches, salads and bakery products, made
off site can be sold through the drive thru,
· No alcoholic beverages may be sold through the drive thru
· No commercial kitchen is allowed on the premise of the coffee shop.
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
From Collector Street
From Exterior Lot Lines
Interior Public Right-of-Way
Hard Surface Commercial
Required Minimum Proposed
50 feet 50 feet
30 feet 30 feet
30 feet 7 variance was granted by
the City Council
70% 68.3%
Parking Setback if screening is
provided
10 feet 10 feet
Clearwater Development
June 17, 2003
Page 22
e. Signage Criteria
Monument Sign
1. 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.
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.
3. 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.
VASSERMAN RIDGE PLANNED UNIT DEVELOPMENT AMENDMENT
Vasserman Ridge (2002-2 PUD):
PUD DEVELOPMENT STANDARDS
c. Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines. The following
Clearwater Development
June 17, 2003
Page 23
table displays those setbacks.
Setback
From Collector Street
From Exterior Lot Lines
Interior Public Right-of-Way
Hard Surface Commercial
Parking Setback if screening is
provided
Required Minimum Proposed
50 feet 50 feet
30 feet 30 feet
30 feet 60 feet
70% Not available at this time
10 feet 10 feet
e. Sign Criteria
Monument Sign
1. 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.
2. 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
1. Building "C" shall be permitted signage along the west and south elevations only.
2. All signs require a separate permit.
3. 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.
4. Back-lit individual letter signs are permitted. Individual letters may not exceed 30 inches
in height.
5. Only the name and logo of the business occupying the building will be permitted on the
sign.
6. 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 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.
Clearwater Development
June 17, 2003
Page 24
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.
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.
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.
For Phase I, approval of this application is contingent upon approval of the following
applications:
o
o
PUD Amendment 1992-2 PUD.
Site Plan Review 2003-6.
Final Plat of 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:
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."
Clearwater Development
June 17, 2003
Page 25
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:
1. 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 mm lane shall be a minimum of 5:1.
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 curb line.
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 of one inlet.
j. 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.
th
c. Show the existing watermain in West 78 Street and the storm
sewer in the pond to the east.
Clearwater Development
June 17, 2003
Page 26
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 comer of West 78th Street and
Century Boulevard and at the proposed driveway connection with
West 78th Street.
11.
12.
13.
14.
15.
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 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 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 78 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.
Clearwater Development
June 17, 2003
Page 27
16.
17.
18.
19.
20.
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.
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. Final Plat Subdivision 2003-8 SUB.
b. PUD Amendment 1999-2 PUD.
c. Conditional Use Permit 2003-2 CUP.
21.
For Phase II, approval of this application is contingent upon approval of the following
applications:
a. Final Plat Subdivision 2003-8 SUB.
b. PUD Amendment 2002-2.
22.
Landscaping Requirements:
Phase I:
a.
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.
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.
Clearwater Development
June 17, 2003
Page 28
24.
25.
26.
27.
28.
29.
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:
30.
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 turns and dimensions to City Engineer and Chanhassen Fire
marshal for review and approval.
g. 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.
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.
Co
do
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.
Clearwater Development
June 17, 2003
Page 29
31.
32.
33.
e. Detailed occupancy related requirements cannot be reviewed until complete plans
are submitted.
f. The owner and/or their representative shall meet with the Inspections Division as
soon as possible to discuss plan review and permit procedures.
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.
34.
The Right In/Out access on Century Boulevard shah be permitted contingent upon
MnDOT approval.
35. 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 Hearing.
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 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.
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;
Co
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;
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.
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
Will be consistent with the objectives of the city's comprehensive plan and
this chapter.
Co
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
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.
ho
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.
j. Will be aesthetically compatible with the area.
k. Will not depreciate surrounding property values.
1. Will meet standards prescribed for certain uses as provided in this article.
°
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
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;
do
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.
go
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.
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.
o
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.
RECOMMENDATION
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
Minnesota Department of Transportation
Metropolitan Division
Waters Edge
1500 West County Road B2
Roseville, MN 55113
June 30, 2003
Sharmeen Al-Jarl
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 County 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 ARBORETUM VILLAGE
DEVELOPMENT CONTRACT/PUD
AGREEMENT
AGREEMENT Dated July 14, 2003, BY AND BETWEEN THE CITY OF
CHANItASSEN, a Minnesota Municipal corporation ("City"), and NORTH
COAST PARTNERS, a Minnesota limited partnership (the "Developer".
1. BACKGROUND. The parties have previously entered into a
developrrent contract/PUD agreement for Arboretum Village dated May 14, 2001
(The "Development Contract"). "). The Development Contract was recorded on
December 11.2001 as Carver County Document No. 302711.
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 Conwact, the following amendments shall apply:
a.) Exhibit C to the Developmem 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 rceets 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 residems. Such uses may include small to medium sized restaurant (no
drive-thru windows nnless:
The drive-thru is completely hidden from views,
· Have walls on two sides of the drive- thru lane,
· Is attached to the m~in building,
· 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,
· The main merchandise sold through the drive-thru is coffee,
· Ma~mnm of 25% of Gross sales can be incidental (i.e~ muffins, cookies,
etc.).
· The coffee shop .qhall provide the city with a semi mmo~! break down of
the gross sales of the coffee shop.
Only pre-made cold sandwiches, salads and bakery products, made off
site can be sold through the drive thru,
· No alcoholic beverages may be sold through the drive thru,
· No commercial kitchen is allowed on the premi~ of the coffee shop)
office, day care, neighborhood scale conunercial, 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
table displays those setbacks.
Setback
From Collector Street
From Exterior Lot Lines
Interior Public Right-of-Way
Hard Surface Commercial
Required Minimum Proposed
50 feet 50 feet
30 feet 30 feet
30 feet 7 variance was granted by
the City Council
70% 68.3%
Parking Setback if screening is
provided
10 feet 10 feet
c.) Exhibit C to the Developmem Contract sections e. Signage Criteria is amended to add:
e. Signage Criteria
Monument Sign
1.
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.
2
e
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 sigimge.
4. The carwash shall be permitted to have one sign along the south or east elevation.
5. AH 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 height~
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 writte~
CITY OF CHANHASSEN
BY
Thomas ~ Furlong, Mayor
AND
Todd Gerhardt, City Manager
3
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 pur~_ant to the authority granted
by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this __
2003, by , the
of
day of
4
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 mertgage.
Dated this ~ day of ,2003.
By
Rs
STATE OF MINNF_,SOTA )
5
COUNTY OF
SS.
The foregoing instrument was acknowledged before me this · 2003, by
dayof
,its
NOTARY PUBLIC
6
FIRST AMENDMENT
TO ARBORETUM VILLAGE
DEVELOPMENT CONTRACT/PUD AGREEMENT
AGREEMENT Dated July 14, 2003, BY AND BETWEEN THE CITY OF CHANItASSEN, a
Minnesota Municipal corporation ("City"), and NORTH COAST PARTNEr, a Minnesota
limited partnership (tt~ "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 December !1, 2001 as Carver County
Document No. 302711.
The developer is now amending the development design standards.
2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Conwact
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
From Collector Street
From Exterior Lot Lines
Interior Public Right-of-Way
Hard Surface Commercial
Required Minimum Proposed
50 feet 50 feet
30 feet 30 feet
30 feet 7 variance was granted by
the City Council
70% 68.3%
Parking Setback if screening is
provided
10 feet 10 feet
b.) Exhibit C to the Development Contract sections e. Signage Criteria is amended to add:
e. Signage Criteria
Monmnent 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 in~rsection 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 primp 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 height~
7. Back-lit individ, zl 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 WHERF_~F this '~First Amendment was executed by the parties the day and
year first above writte~
CITY OF CHANItASSEN
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.
NOTARY PUBLIC
STATE OF MINNESOTA )
( SS.
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
STATEOFMINNESOTA )
( SS.
COUNTYOF )
The foregoing instntmem was acknowledged before me this
,2003, by
day of
NOTARY PUBLIC
4
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 emered 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 Document No.
329464.
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
From Collector Street
From Exterior Lot Lines
Interior Public Right-of-Way
Hard Surface Commercial
Parking Setback if screening is
provided
Required Minimum Proposed
50 feet 50 feet
30 feet 30 feet
30 feet 60 feet
70% 68.3%
10 feet 10 feet
B.) Exhibit C to the Development Contract section e. Sign Criteria is amended to add:
e. Sign Criteria
Monument Sign
Lot 3 will have one momlment sign facing Highway 5. The height of the sign shall
not exceed 5 feet with a maxlmnm al'~ 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
AND
Todd Gerhardt, City Manager
2
DEVELOPER
By
Its
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instnunent 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~
NOTARY PUBLIC
STATE OF MINNESOTA )
( SS.
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 Developmem
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 instmmem was acknowledged before me this
,2003, by
4
NOTARY PUBLIC
day of
24 So. Olive Street, Suite 105
Waconla MN 55387
ph. 952-442~8799
fax 952~442-8556
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) 227-1100
DEVELOPMENT REVIEW APPLICATION
APPLICANT: ~G"I~:~'~'O~T PART~Jt:_~.~ ~ C~AT~ OWNER:
ADDRESS:~I 5, O~lV'g ~ ~,= ADDRESS:
TE~PHONE (Day time) _~., ~ - ~ ~ ~ TELEPHONE:
__ Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
Temporary Sales Permit
Vacation of ROW/Easements
.._..VaHance
. Non-conforming Use Permit
Planned Unit Development'
~ Rezoning
Wetland Alteration Permit
Zoning Appeal
_ Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
._~. Site Plan Review"
Subdivision'
Notification Sign
~X Escrow for Filing Fees/Attorney Cost"
($50 CUP/SPRAI ACN AR/W APIMetes
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 submttted with site plan reviews.
'Twenty-six full size folded copies of the plans must be submitted, including an BY=" X 11" reduced c~py
far 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 LUNDG~N BROS. CONST, ~003
PROJECT NA E,
LOCATION
AT
I
i, q
YES .... ~ NO
TOTAL ACREAGE
WETLANDS PRESENT
PRESENT ZONING
REQUESTED ZONING
PRESENT LAND USE DESIGNATION "~
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST
F.T-_v~
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 matedal 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 'aw. Development review shall be completed within 120 days unless additional review
extensio approved Iicant.
Signatur~ of Applicant Date
Signature of Fee Owner
Application Received on
Date
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.
06/10/2003 08:45 FAX 952473740! LUNDGREN BROS, CON~. ~0~
Lundgren
Couh-~]Irgty Developm~nt Director
City of
7700 Maflcet Blvd
PO Box 147
Chs~flassc~l,
R]~: Application
May 22, 2003
Ph~n~ B~2.4-7~1.12.~ 3
Fax 9fl2.473.7401
93S £o~t Wayzata Baulev~rd
Wayzata. Minneso~ 55~91
wu~v.I u n dgren bros.c~M
Ikl~ldqr I.k~nb~ [~3.1~0141;3
Dca~ K~tc:
Plcasc consider Lundgren I~ros as a co.-~plioa~'~ with Clearwater
Development for a Site plum App~val for ,~r 2 a~re ~ommercial parcel
located o/F of 78~' St. We are giving C~et Development our
pcrmisaion to proe. gss an appli~:afioa with the City of CkA~h~scn.
$incerely,
IV'_,~c S. Anderson
Sr. Vice President Project Mauagor
LUND(}R.CN BROS. CONST.
CITY OF CHANHASSEN
7700 MARKET BOULEVARD
CHANHASSEN, MN 55317
(952) 227-1100
DEVELOPMENT REVIEW APPLICATION
APPLICANT:N f-4Tt4 Co*ST ?A JEAs C~.A*U~T~P. OWNER:
ADDRESS:.,~-~ _.~. OL-/VE ST ('~P,c, jP ADDRESS:
TELEPHONE (Daytime)
TELEPHONE: ~, ~'g' ~-~TA"]
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Intedm Use Permit
Non-conforming Use Permit
Vacation of ROW/Easements
Variance ~
Wetland Alteration Permit
Planned Unit Development*
Zoning Appeal
~ Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Site Plan Review*
Notification Sign
X
Escrow for Filing Fees/Attorney Cost**
($50 CUPISPRNACNARNVAPIMetes
and Bounds, $400 Minor SUB)
Subdivision* 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.
LOCATION y ,AkJ IAHL) AY
LEGAL DESCRIPTION OUTLOT O /
TOTAL
ACREAGE D' ~ q
WET~NDS PRESENT YES ~ NO
PRESENT ZONING p~ ~.o~~cl~ L
REQUESTED
ZONING PL)D
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 wdtten
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 matedal and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate pdor 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 ~~nt.
Si Applicant ' Date
Signature of Fee Owner Date
Application Received on ;~--/~,-D,..~ FeePaid ~¢~,~/~ 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 78t~ 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 78~ 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 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.
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
~ATEWAY ACQUISITION CO LLC
)35 WAYZATA BLVD E
NAYZATA MN 55391
.UNDGREN BROS CONSTRUCTION
)35 WAYZATA BLVD E
NAYZATA M N 55391
3HASKA GATEWAY PARTNERS
~,610 CO RD 101
NAYZATA MN 55391
31TY OF CHANHASSEN
3/O 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/O BRUCE DEJONG
?700 MARKET BLVD PO BOX 147
3HANHASSEN MN 55317
CITYOF
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.
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125 3.
Fax: 952.227.1110
Web Site
www. ci.chanhassen.mn.us
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 Division, I have the following fire
code or city ordinance/policy requirements. The site plan is based on the
available information submitted at this time. If additional plans or changes are
submitted, the appropriate code or policy items will be addressed.
A 10-foot clear space must be maintained around fire hydrants, i.e. street
lamps, trees, shrubs, bushes, Qwest, Excel Energy, cable TV and
transformer boxes. This is to ensure that fire hydrants can be quickly
located and safely operated by firefighters. Pursuant to Chanhassen City
Ordinance g9-1.
"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 builder 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.
4. The builder must comply with the Chanhassen Fire Department/Fire
Prevention Division regarding premise identification. Pursuant to
The City of Chanhassen, A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
CITYOF
CHAN SEI
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
Chanhassen Fire Department/Fire Prevention Division Policy #29-1992.
Copy Enclosed.
5. A Post Indicator Valve will be required on the new buildings that have
fire service water coming into the building.
6. 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:\safety~nl\plrev2003-6
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www. ci.chanhassen.mn.us
The City of Chanhassen ,* A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
CIT OF
CHAN SEN
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: Sharmeen A1-Jaff, Senior Planner
FROM: Matt Saam, Assistant City Engineer fi4'~
DATE: June 6, 2003
SUB J: 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 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 2na Addition project. As such, the existing contours for the
Phase II portion of the site should reflect the Vasserman Ridge 2"a 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 2aa 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 1II 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.
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Sharmeen A1-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.
o
j. 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.
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.
4. 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.
6. A "No U-tm" sign will be required at the north end of the median on Century
Boulevard.
7. The silt fence on the east side of the site must be Type 3, heavy duty.
8. The property line dimensions for the Phase II parcel do not match the final
plat for Vasserman Ridge. Please correct this.
9. Private easements are required for the storm sewer lines that run 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 2na 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~arboretum shopping center~ppr.doc
MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Sharmin A1-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 fn'e 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
CITYOF
CHAN EN
7700 Market Boulevard FROM:
PO Box 147
Chanhassen, M N 55317 DATE:
Administration
Phone: 952.227.1100 SUB J:
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 C.'
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Pho ne: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
Sharmeen A1-Jaff, Senior Planner
Todd Hoffman, Director of Parks and Recreation
May 27, 2003
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 Lots A, B and C:
Lot A $8,54O
Lot B $11,620
Lot C $13,650
Todd Gerhardt, City Manager
Teresa Burgess, City Engineer/Public Works Director
Bruce DeJong, Finance Director
Kate Aanenson, Community Development Director
Park and Recreation Commission
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving,businesses, winding trails, and beautiful parks. A g~eat place to live, work, and play.
DATE
FILE NO.
PROJECT
SWMP FEE WORKSHEET
June 5, 2003
SUB 2003-6
Clearwater Development Group
Site Area in Acres
Outlot
Assessable area
4.83
4.83
ZONING CLASSIFICATION
Commercial
WATER QUALITY
WATER QUANTITY
FEES
Rate per Acre
$ 7,008.00
Rate per Acre
$ 5,171.00
Acres Total
4.83 $ 33,848.64
Acres Total
4.83 $ 24,975.93
ITEM
Storm water pond
Outlet structure
each
CREDITS
QUANTITY UNIT TOTAL
PRICE PRICE
- $ 7,008.00 $
- $ 2,500.0o $
SWMP FEE
SWMP CREDITS
$ 58,824.57
$ -
TOTAL SWMP FEE $ 58,824.57
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RETAIL DEYELO~MENT
HWY 5 & CENTURY AVE
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CLEARWATER DEVELOPMENT GROUP
RETAIL DEVELOPMENT
HWY 5 & CENTURY AVE
CHANHA,~SEN, MINHESOTA
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
From Collector Street
From Exterior Lot Lines
Interior Public Right-of-Way
Hard Surface Commercial
Hard Surface Coverage (Total site)
* not accepted
Required Minimum Proposed
50 feet 50 feet
30 feet 30 feet
30 feet ** 7*
70% Not available at this time
30 % 29 %
** 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, donners,
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.
3. 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 donners, 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 donners, 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
Co
eo
fo
Vinyl shakes are an acceptable material on ail home styles.
Prohibit shiplap siding.
Specify that ail buildings use UL Class A asphait/fiberglass shingle, 230 pounds or
better.
All foundation wails be screened by landscaping or retaining wails.
Central air conditioning shail 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.
Commercial design standards shall prohibit standing seam siding as a curtain wall.
The applicant shail provide benches in the totlot areas.
No adjacent unit shail have the same front elevation colors or architectural styles
with any 4 types of homes. Materials to be consistent with the Arboretum Village
elevation materiais dated 2-7-01.
C-4
EXHIBIT C
VASSERMAN RIDGE
PUD DEVELOPMENT 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
From Collector Street
From Exterior Lot Lines
Interior Public Right-of-Way
Hard Surface Commercial
Required Minimum Proposed
50 feet 50 feet
30 feet 30 feet
30 feet 60 feet
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-I
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
CHANHASSEN CITY COUNCIL
REGULAR MEETING
JULY 14, 2003
SUMMARY MINUTES
CLEARWATER DEVELOPMENT, NORTHEAST CORNER OF THE INTERSECTION
OF HIGHWAYS 5 AND CENTURY BOULEVARD (SOUTH OF WEST 78TM STREET):
PHASE I: REPLAT OF AN OUTLOT INTO 2 LOTS: SITE PLAN REVIEW
FOR THE CONSTRUCTION OF A CAR WASH, COFFEE/SHOP
CONVENIENCE/GAS STATION AND STRIP MALL: CONDITIONAL USE
PERMIT TO ALLOW A CONVENIENCE STORE WITH GAS PUMPS WITH
VARIANCES: AND A PLANNED UNIT DEVELOPMENT AMENDMENT TO
ALLOW A DRIVE THRU.
PHASE II: REPLAT OF AN OUTLOT INTO 1 LOT WITH AN AREA OF 1.95
ACRES: SITE PLAN REVIEW WITH VARIANCES FOR A MULTI-TENANT
BUILDING ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT.
Kate Aanenson presented the staff report and provided an update on Planning Commission action.
Councilman Labatt asked for clarification on the landscaping plan and signage on the site. Mayor
Furlong asked for clarification on the sidewalk plan. Scott Schmitt with Clearwater Development
represented the applicant and spoke to the council's and Planning Commission's concerns. The
council asked staff to clarify the traffic circulation patterns on the site, specifically with the drive
thru traffic. During council discussion Councilman Ayotte stated he would be in favor of trying
a drive thru in this location. Councilman Lundquist was in favor of a drive thru but was
wondering how to put limitations on future use. Councilman Labatt liked the idea of a drive thru
but had concerns on being protected from a fast food operation coming in in the future, but he
was willing to give staff and the city attorney time between preliminary and final plat to come up
with language to protect against the use being changed at some point if Dunn Brothers leaves.
Mayor Furlong felt it was a fairness issue for all businesses along Highway 5 and either the city
was going to allow drive thru's in this area or not. He stated he was hesitant to approve this
request even at a preliminary level. Mayor Furlong also expressed concern over the sidewalk
location away from the controlled intersection and was looking for public safety input. The
council, staff and the city attorney discussed how best to address motions for this item. A motion
was made and discussion held.
Councilman Lundquist moved, Councilman Ayotte seconded that the City Council table
Preliminary Plat, Site Plan Review, Conditional Use Permit and Planned Unit Development
Amendment for Clearwater Development to the next City Council meeting to allow for
clarification of the coffee shop, review of the sidewalks, and other outstanding issues. All
voted in favor and the motion carried unanimously with a vote of 5 to 0.
CHANHASSEN CITY COUNCIL
REGULAR MEETING
JULY 14, 2003
VERBATIM MINUTES
CLEARWATER DEVELOPMENT, NORTHEAST CORNER OF THE INTERSECTION
OF HIGHWAYS 5 AND CENTURY BOULEVARD (SOUTH OF WEST 78r~ STREET):
PHASE I: REPLAT OF AN OUTLOT INTO 2 LOTS: SITE PLAN REVIEW
FOR THE CONSTRUCTION OF A CAR WASH, COFFEE/SHOP
CONVENIENCE/GAS STATION AND STRIP MALL: CONDITIONAL USE
PERMIT TO ALLOW A CONVENIENCE STORE WITH GAS PUMPS WITH
VARIANCES: AND A PLANNED UNIT DEVELOPMENT AMENDMENT TO
ALLOW A DRIVE THRU.
PHASE II: REPLAT OF AN OUTLOT INTO 1 LOT WITH AN AREA OF 1.95
ACRES: SITE PLAN REVIEW WITH VARIANCES FOR A MULTI-TENANT
BUILDING ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT.
Kate Aanenson: The subject site is located at Century Boulevard, just north of Highway 5.
Pretty close to the intersection of Highway 41. This development was made possible through the
extension of West 78th as it goes towards Highway 41. Just so you put this in context, this is part
of the Highway 5 corridor study. When we went back and examined the land uses on this
property, originally commercial zoning was recommended for this comer of the intersection of
Century Boulevard when we did the Highway 5 corridor study. But as that Pulte project and
West 78t~ project went forward, MnDot felt it was better to put the large retention pond over there
so the commercial site got moved, and as we worked with the Lundgren development, we had to
a lot remnant, and actually as the site developed, there's limited access onto the piece that was the
Pulte. So the complexity here in this development is you actually have two PUD's, although they
had the same design standards, you have two different underlying development contracts so part
of this is to get all that unified. So with that, the applicant, Clearwater Development worked
hard to get both properties together, which is always the best way to do the development instead
of two separate projects. And through a lot of hard work, Sharmeen AI-Jaff on our staff worked
to get a real high quality design. We went through a lot of different iterations and tried to get
again they have a nice look from West 78th, and then also the nice view from Century. Kind of
three comer intersection and Highway 5. So in looking at the design itself, it's very well
conceived. Again this applicant has done other work in town and this was given the
neighborhood district zoning. We have two other neighborhood district zonings in the city, and
so the PUD contract that was put in place is very similar to those and I'll go through that, how
that plays in place. In your staff report, in the actions that are required, and actually there' s four
motions for your consideration tonight. One is actually do a PUD amendment. Again that's for
a, I'm on page 2 of the staff report. That would establish sign criteria which wasn't really clear as
a part of the original PUD and also they wanted to add in the PUD an amendment to allow a drive
thru. The second is to replat both of those lots. I indicated there's two projects there. To plat
both of those lots and actually create three lots on the site. One would be the... This one which
would be a little bit smaller, shown as 7,000, there actually would be some at 6,000. This plan,
just over 13,000 square feet and then a gas station with a car wash. So there'd be 3 separate lots
so there's a subdivision action tonight, a conditional use, again in the BN district a gas station
with pumps is a conditional use. And then the final action for you tonight is the site plan review.
As you indicated, the applicant worked with the staff to get a development that, to get a high
quality development. The one concern that we did have was the yellow on the canopy and the
pump itself.' We are working with the applicant and I think we can get some resolution on that
and there was an issue with the signage on that, but I think internally we can get that issue
resolved, but as far as the overall architecture, again there seems to be concurrence. We've
reviewed the sign package. The permitted uses, again the PUD said no drive thru. What this
project contemplates is a drive thru with the gas station there'd be a coffee shop. This is their
drive thru in this area here. They've worked really hard internally in the site to screen that so you
wouldn't see that from Highway 5 or from West 78a~. Again as the applicant will tell you, the
staff said from the beginning, they certainly have a right to apply for it but that we wouldn't
support it because no other BN district in the city has that. We have other PUD's which we have
amended but they weren't the underlying neighborhood business. But they felt it was important
and wanted to go forward with that. Again the subdivision, the one building had to be reduced to
meet the parking standards for those two restaurants and they've already re-submitted a redesign
but I didn't want to confuse you with the staff report that matches this, but they've already taken
care of that. We have included conditions of approval for all the actions, and they start on page
20 for the four motions. Again the Planning Commission met on this on June 17th to review it.
The main point of discussion again had to do with the drive thru window. The Planning
Commission at that time recommended denial of the drive thru window. There was also some
discussion on the sidewalk. This blue shows the sidewalk. There's some additional... This
shows the access point. There's limited access. Right-in/right-out. There's some discussion
right now with MnDot regarding a right-in. We think that can be resolved so we'd just modify
the condition and make sure that we get MnDot approval on that. This also is a limited access
point restricting again so the two parcels are tied together to make it better. There was a concern,
there's a sidewalk on the northern side of West 78m that continues across the whole length of that
road, and that there may be people that want to get into the site without going all the way over to
the intersection, a control intersection. So the Planning Commission spent some time discussing
access to that. I think we're looking at, the engineer recommendation. It may not be exactly in
this location. There will be a depression in or a curb cut in the middle of that island to make, so
you're actually in the island to make the cross, so you can get partially across. Take a look and
then go across. Obviously the best movement would be over here, but these will be all the
sidewalks recommended for the project and again, it meets all the impervious surface parameters
with those changes with the reduction of the building, and again the applicants are working to do
that. The conditional use regarding the pumps, we put standards in place and done findings of
fact on that. I have attached the minutes, summary minutes from the Planning Commission too as
a part of that. So again if you have any questions, I'd be happy to answer those and just again a
reminder that the conditions of approval start on page 20 and what we did on that, if you turn to
page 20, is we highlighted the language regarding, if you wanted to include the PUD amendment
you would add the language in bold. Otherwise if you do not want it you'd take the language out
in bold. That would clarify where that amendment to the drive thru could take place.
Mayor Furlong: That' s on page 20 under b?
Kate Aanenson: Correct. So with that I'd be happy to answer any questions.
Mayor Furlong: Are there any questions for staff at this time? Councilman Labatt.
Councilman Labatt: Kate I was just looking at the blueprints, especially the Building B
driving...page, it's about the fourth one back. The third one. Fourth one. What triggered me
here is the size of these trees in the, no. Maybe one more page. You might not have it. Look at
this one here. There's no number on it. It's between C-1 and.
Todd Gerhardt: It's the elevation plan.
Councilman Labatt: A-1.
Kate Aanenson: I just have C-1 and A-1.
Councilman Labatt: Okay. Why don't you take this one. Now I lost my page. So when I saw
this I thought well those trees are huge. They're not going to be planting 30 foot trees are they?
Kate Aanenson: No, not in the beginning, no.
Councilman Labatt: So, and then going back to the landscaping on page 18. What's required and
what's proposed. They're under the requirements. Correct?
Kate Aanenson: Yes, they've already modified a lot. Again we have modified plans already in
the office, but because this report reflected, I didn't want to confuse but they are working to make
those changes and will.
Councilman Labatt: Okay.
Mayor Furlong: Maybe you could summarize some of the changes in the modified plan, just if
that will save us some questions or the ones that you recall.
Kate Aanenson: I think it'd be probably better if they had their person do that. Their landscaping
person. I don't know if you want to do that right now, have them go through the revisions.
Councilman Labatt: Are they going to be close to their required?
Kate Aanenson: Oh absolutely. And again, this plan also requires that they take that 7,000
square foot building down to 6,000, yeah so there are changes that have to be made.
Councilman Labatt: Okay. So will we see those changes in the final or is this it?
Kate Aanenson: For a subdivision, if you want it to come back because there are changes with
the subdivision. Typically this is a preliminary. It would come back for the final subdivision. If
you want to see the landscaping plan we'd be happy to put that as a part of that.
Councilman Labatt: Okay. And then the sign out by the street is 16 foot.
Kate Aanenson: Correct.
Councilman Labatt: How does that compare to Kwik Trip's, realizing this is almost an identical
project.
Kate Aanenson: They've got a pylon sign too. The code reads if you've got Highway 5
frontage, you can go to 20 feet. And so we try to be consistent with that, and again that's why we
wanted the unified set and we asked the applicant to try to acquire both properties so we have one
pylon sign identifying the entire center and rest of them would then gets the pylons. Excuse me,
the rest of them would get the monument signs. There'd be one pylon sign identifying the site,
and that's 16 feet high. And the rest of them would just be the monument signs. And they would
also have signage on the building, and that was shown in the architectural profile.
Councilman Labatt: Okay, that's all the questions I have for right now.
Mayor Furlong: Okay, thank you. Other questions for staff?.
Councilman Lundquist: Quick one Kate. The Clearwater Development, what other properties in
the city have they done?
Kate Aanenson: Chipotle and Buffalo Wild Wings.
Mayor Furlong: Okay, other questions? Any at this time? For staff. Kate, on the sidewalks, if
you could pull up that picture again. I guess the question I have relates to the proposed sidewalk
across West 78th, east of the intersection.
Kate Aanenson: This sidewalk.
Mayor Furlong: Yes, and they're coming across not at an intersection but really at a driveway
access to a road, and I guess it' s one of safety and just expectation of drivers. Especially with the
intersection right there, I guess I'd appreciate some of, or staff's comments with regard to that
location. You're proposing it, I think it's, you know people will cross where they want to cross
potentially but I'd like to hear some of your comments.
Kate Aanenson: Sure, I'd acquiesce to the city engineer because I didn't want to encourage it,
but the city engineer's position was people are going to cross there anyway so we should try to
make it as safe as possible. And her recommendation again is that we slide this a little over
further and...gives people a chance to get halfway across the street. But she felt that people are
going to cross there anyway, try to mark it. Her recommendation was also that we post this, how
to get out so people are making that circular movement. Right-in/right-out and directional. Some
internal signs, and then a No U-Turn sign which was discussed at the Planning Commission too at
the end of Century. That we also put a condition in there that they post those.
Mayor Furlong: And with the U-turn sign, that was something that was going to be discussed in
terms of need, given the 4 way stop.
Kate Aanenson: Correct.
Mayor Furlong: Okay.
Kate Aanenson: Again, so with this we would post, you know to get back out on, to try to
encourage people that want to get back onto Century to come out at this intersection on West
78~...
Mayor Furlong: Okay. And clearly that's the traffic flow to go out that easterly driveway.
Easterly egress point. Okay, I guess we'll talk more about that.
Kate Aanenson: And I just wanted to add one more thing. I did hand out findings of fact
regarding, for the denial of the PUD amendment.
5
Mayor Furlong: One last question on that sidewalk. Is it going to be posted as a pedestrian
crossing then?
Kate Aanenson: I think we want to ensure it's as safe as possible. If we wanted to leave it open
ended because that's not my bailiwick that we get the city engineer's input. There's a correct
signage on that that we do. Posted...
Mayor Furlong: Good, thank you. And has the, have the conditions in our report been updated
based upon the initial letter from MnDot? Or would we need to make some accommodation for.
Kate Aanenson: I believe so. The condition number 34, which is on page 29. And again these
kind of go back to some of the ones that the Planning Commission had, and that would be those
four.
Mayor Furlong: Thank you. Any other questions for staff at this time? No? Is the applicant
here or representative? Good evening.
Scott Schmitt: Good evening Mayor, members of the council. My name is Scott Schmitt. I'm
from Watertown, Minnesota. I'm with Clearwater Development. We're representing actually the
buyers of the property. The gist of the conversation at the Planning Commission really centered
around the drive thru and both setting a precedent and is it necessary. When we went through the
design process on it and when we looked at the users, it was an interesting site to work with
because it was, you're on Highway 5 which has a considerable amount of traffic, but yet the site,
which would dictate possibly a highway zoning but at the same token you've got an immediate
adjacent neighborhood directly to the north side of it, and so when we looked at it, having the
Highway 5 frontage and trying to maintain visibility and accommodate traffic in and out quickly,
commuter traffic specifically, while also looking at the uses that would probably be there that
would cater to the immediate neighborhood, we were trying to be sensitive to a lot of different
things, both from the design perspective, from a traffic flow perspective and you know as you can
see from the design, and especially the drawing that sits up here right now, the view from the
neighborhood which is effectively coming back in this direction, we've really been sensitive to
make sure that all of the intensities, the light, any noise, traffic, headlights, that sort of thing, are
all minimized to the neighborhood to the north and the view from the south side of it, from
Highway 5 is, which is highway traffic driving by, you do have some windows of visibility into
the retail which makes it viable and we tried to make the traffic flows as cohesive as possible
coming in off of West 78th and circulating, or coming in off of Century and circulating back out
through the other direction. The drive thru is, because we've got this unique situation where you
have Highway 5 as well as the neighborhood behind it, we went to great lengths to make sure that
the drive thru was not visible to the neighborhood. We have the glass here and it's pretty well
shrouded from externally, except for as you're driving up Century Avenue you could see the
opening. The exit of the drive thru. Other than that it really appears to be internal to the building
and that's what we strove to do. With the intent of your business neighborhood zoning, being
catering to the sensitivity of the neighborhood on the north side, so we went architecturally we
went to those lengths and you know to spend the extra money to go there. And still cater to the,
it's a coffee shop that's going in there and Dunn Brothers would be the operator that would be in
there. And they have, the convenience store's an interesting concept in that they have a cyber
caf6 in there and the convenience store goes after the higher end demographic, the soccer mom
types which is prevalent here in Chanhassen, and the mothers who don't want to get out of their
cars and still get the cup of coffee and drive thru and maybe don't want to have a, meet with other
parents at the coffee shop. That's what the drive thru's intended to do as well as Highway 5
commuter traffic, to get them in and out so there' s a lot of activity going on in there and the drive
6
thru actually, hopefully will eliminate cars being on the site for a long period of time and circulate
them through and get them in and out and back on their way to work or wherever they're going,
as well as to accommodate the other types who just don't want to get out of their cars and get
coffee. Personally I don't mind getting out but, so that's really what we're after with the drive
thru, and so when we were, and it's quite frankly it's a lot of the traffic that comes into the Dunn
Brothers will use the drive thru and Dunn Brothers is saying they may not be successful if they
don't have the drive thru so it's important to them, and so that's why we've gone ahead and staff
has made it clear that it is not, it's unlikely that it would get approved but because of it's
importance and because of the importance that we feel of having Dunn Brothers there, that' s why
we're asking for an amendment to the PUD to allow the drive thru. And one of the other things
that Planning Commission had discussed was, well if we allow a drive thru then we're, you know
could be used for anything. The use could change to fast food, whatever that is. Whatever the
definition of the fast food is. You know our intent is not to have fast food there so if it's, if a
drive thru's okay and it's associated specifically with a coffee shop, you know our intent is for the
coffee shop. It's a tenant specific request so if you all want to limit it to just for coffee shop use,
however that could be worded, I'm not sure but to limit it just to a coffee shop, that works for us
because it really is the intent to just use it for this tenant. So I'm open to questions if you have
any.
Mayor Furlong: Thank you. Questions for Mr. Schmitt.
Councilman Lundquist: Mr. Schmitt, the way I look at this plan and the drive thru as you've got
it slated is more like a, it's almost like a garage with an open front end and back end, is that a fair,
I want to make sure I'm looking at that.
Scott Schmitt: Yes, that's correct.
Councilman Lundquist: So it's got walls on both sides of the roadway through there and a roof
over the top as well?
Scott Schmitt: That's correct.
Councilman Lundquist: Okay. That's the only questions I had sir.
Mayor Furlong: Okay, thank you. Any other questions?
Councilman Ayotte: Yeah point of clarification if I may. You alluded to the fact, well two
points. One, I'd like to know where you found out that we have, we're prevalent with soccer
moms, we need to talk about that. You said something about the thru for traffic would be
enhanced with the drive thru, could you talk towards that a little bit more.
Scott Schmitt: Well if a person has a choice to go through the drive thru. The issue was
surrounding congestion on the site, and the Planning Commission had a concern that there was
too much activity going on on the site and that the drive thru would actually add to that activity.
And my comment to that was, with regard to, depending on who comes in and out, it could
actually get traffic off of the site quicker, okay. So there wouldn't be, somebody wouldn't be
parking a car and then going in, coming back out, backing out and coming around. They would
just simply go into the drive thru and come out the other side.
Councilman Ayotte: But that's opinion, that's not a result of some study in the sky that you're
privy to?
Scott Schmitt: That's correct.
Councilman Ayotte: Alright.
Mayor Furlong: Okay, other questions at this time for the applicant? I think one of my questions
was answered for the applicant and that's the color of the canopy that's going to be worked out
before we see the final. Okay. Alright, very good. Good, thank you. Any follow-up questions
for staff?.
Councilman Lundquist: I have two.
Mayor Furlong: Councilman Lundquist.
Councilman Lundquist: Kate the, can we put up a drawing of the roads or the streets through
that. That one's good, yep. Now where the drive thru is drawn on that one, there's still a, there's
a fight-in and then they would have to go, okay so they come back that way? Ah. And then they
go back out the same way they came in.
Mayor Furlong: That would only be a right-out?
Councilman Lundquist: Right, so then how do they get out of here?
Kate Aanenson: They circulate around.
Councilman Lundquist: Okay, so you're going to come around this way and then go all the way
back around out to West 78~ Street?
Kate Aanenson: Right. Again, this way, we didn't want to encourage stacking.
Councilman Lundquist: Sure.
Kate Aanenson: So it was elected to go this way.
Todd Gerhardt: And we're recommending no U-Turn on Century right?
Kate Aanenson: Correct. And one of the other things the city engineer mentioned here is that,
they did...situations, the access point at Century could be, so it'd be right-in only. That's another
a mechanism for control.
Councilman Lundquist: So it'd be enter only there or something like that?
Kate Aanenson: That's another thing that we could look at between now and final as part of the
subdivision so that would force you to come back out.
Councilman Lundquist: So that traffic flow would then be out to West 78th Street.
Kate Aanenson: That's correct.
Councilman Lundquist: And then if they want to get back out on 5 they take a left and go back to
Century, take another left and then get back out onto 5. And did the city engineer have any
concerns over that traffic flow at all or she felt that was the best way to do it?
Kate Aanenson: Regarding the drive thru?
Councilman Lundquist: Yeah.
Kate Aanenson: No.
Councilman Lundquist: I mean that's the normal, pretty much the normal, that would be actually
the normal traffic flow in and out regardless of whether the drive thru's there.
Kate Aanenson: That's correct.
Councilman Lundquist: That's how people are going to get in and out of it anyway. Alright.
Kate Aanenson: Whether there was parking there or not. They come in and get a cup of coffee.
Make the same turn movement.
Mayor Furlong: Excuse me, with the drive thru there you're going to be coming in off Century,
assume you come in from there and actually do a circle and merge back into entering traffic.
Traffic coming onto the property to get out on West 78~. Am I understanding that correctly?
Kate Aanenson: Come in this way?
Mayor Furlong: Yep.
Kate Aanenson: And then you have to circle around, if it was a right-in. If you live on Century
and wanted to just go north towards the Arboretum Village, you'd still have to come back out. If
we put the right turn in, and that's something that the city engineer said that that's something we
could monitor, if there's a problem. There seemed to be some concern with the Planning
Commission that the large number of U-tums at the Galpin intersection, and that might be a way
to control that.
Councilman Lundquist: Going south out of that exit or that drive thru, is that a road going down
to the south?
Kate Aanenson: Here?
Councilman Lundquist: Yeah.
Kate Aanenson: That's correct. Yep, and they could actually get a cup of coffee and go through
the car wash. So that would loop right back this way.
Councilman Lundquist: Is that possible to direct traffic out of that drive thru as a left turn only
and out and around?
Kate Aanenson: Yeah I think that's something that we talked about. Working with the applicant
to look at signage to get flow. They certainly want positive flow.
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Councilman Lundquist: I mean it's probably not like you're going to have 150 cars at a time
coming through there that will be stacked up.
Kate Aanenson: Yeah, that was one of the concerns that the Planning Commission had. Was
there enough parking on the site, and again reducing this, more than likely some of the spaces by
the car wash wouldn't be used. There was concern if someone was getting gas and they had,
would there be enough parking spaces but the applicant has testimony in there talking about the
demographics of who goes in, how long they stay so I think that was kind of resolved itself. As
far as adequacy of parking.
Councilman Lundquist: Okay. Then back to the comment that the applicant made about, is it
possible to limit the use of that, what's in that shop to a certain type of business or a business in
that? Coffee shop only or.
Roger Knutson: Yes, it is possible.
Councilman Lundquist: Interesting.
Kate Aanenson: We could put coffee there and the Planning Commission discussed well does
that include pastries or not, and philosophically I think we could, I agree with the city attorney
but the problem is, once you have a window, then what?
Roger Knutson: I mean one concern would be that if you have a single use building, coffee's big
now. I can attest to that personally, but they leave for whatever reason and that structure's there,
what happens to it?
Councilman Lundquist: And McDonald's fills coffee too right, so what's a definition of a coffee
shop?
Roger Knutson: If you wanted to go that direction we would do our best to define it between now
and final plat.
Kate Aanenson: Correct.
Mayor Furlong: Could you speak Kate with regard to the drive thru, Mr. Schmitt talked about the
desire. Is this site the only site along 5 that's restricted or is it fairly consistent?
Kate Aanenson: Consistent, we have another neighborhood business on the Kwik Trip site
which is on Galpin and 5 which you know, again if the applicant knows our concern is, once we
start diluting that standard. Again we looked at this carefully when we did the Highway 5
corridor study. This may seem innocuous, you know we can regulate coffee only. A certain
percentage of pastries and I don't know who's going to enforce that. Some of that stuff is very
difficult to enforce so and the concern is that it kind of dilutes it and then it becomes something
that we didn't want to have, and certainly it doesn't seem that terrible of an idea but like I said, it
becomes something else over time and that was our concern. And they worked really hard to
come up with a creative idea. We looked at a lot of different types of canopies and coverage and
they worked really hard to come up with something architecturally orientating the building and
we've worked really hard to give a nice appearance so it worked really well. If you're going to
do it, it's a great approach.
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Mayor Furlong: Right, that's obvious, yeah. Okay, thank you. Any other follow-up questions
for staff or the applicant? If there are none thank you. We'll bring it back to council for
discussion. Any discussion on various aspects that have been presented?
Councilman Ayotte: One of the things we want to do is retain, sustain, maintain standard, but at
the same time in order to ensure businesses to do well, I like the idea of trying out a drive thru.
You know I take exception that it'd just be soccer moms that use the dam thing but you know, I
like it.
Roger Knutson: There are soccer dads.
Councilman Labatt: What about hockey moms?
Roger Knutson: There are also hockey dads.
Councilman Ayotte: I hope you're happy with yourself.
Mayor Furlong: Councilman Ayotte.
Councilman Ayotte: My view is it's, let's be wild and crazy and try a drive thru for crying out
loud. That's all I've got to say.
Mayor Furlong: Okay, thank you. Other comments? Discussion.
Councilman Lundquist: I didn't think I would ever utter the words but I kind of like the idea of
that drive thru personally but if the applicant, they've done, it seems like a considerable amount
of work. However it does concern me that as we have done in the past, we try to look forward
long term to see what could be there and it's a little bit of a sit and consider, I wonder if it's the
same, if that were Hardee's or McDonald's or something in there versus Dunn Brothers Coffee,
it's a whole different ballgame so I think they've done a nice job on that. I'm just a little bit
leery. I wonder if there isn't some kind of clarification that we can put around that to put some
limits on, if it' s within our possibility to do that, to put some limits on what type of drive thru or
what gets served or you know, it seems like a lot of work for a drive thru but, that's where I'm at.
Mayor Furlong: Okay, thank you. Other discussion? Councilman Labatt.
Councilman Labatt: Well, I'm just, I'm not completely sold on the drive thru. I like the idea but
I guess I'm more concerned about you know, if we can word it in such a way where we're
protected with one use and that's it, but I don't know how we're going to be able to do that and
make it stand up. If 5 years from now Dunn Brothers goes out and the next thing you know is we
have a you know, another drive thru fast food chain or something come in there and say well
we're going to go here now and it's not what we wanted, I just don't know if we can, I don't
know. But as long as it's preliminary, I'm not afraid to leave something in here and give staff
time to work with the applicant and the attorney to come up with something. We still have one
more chance to knock it out if we don't like it. So if that made any sense? That's where I am.
I'm okay to leave it in there and let's take some more shots at it and then we'll see this back in
what, 60 days?
Kate Aanenson: Final plat? Yeah, 30.
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Mayor Furlong: I guess to go off your comments there, what would we expect to change? I
mean I'm already seeing a 5 line exception with regard to the proposal if we were to go with a
drive thru. I mean it's clear that they've done significant amount of work to come up with what
they have so I don't know...
Kate Aanenson: Right, we talked about it architecturally but just internally some of the ideas
you'd have to approach is limiting the square footage. Limiting the product, it says no fast food
so would you make except for and then qualify that further? That's something we'd have to work
out and try to take a stab at if you feel comfortable limiting it that way.
Mayor Furlong: Okay, thank you. I guess my thoughts are, you know there's spot zoning and
when we get into this isn't a zoning issue but it is a use issue and I guess in terms of fairness I'd
like to see if one business has an opportunity for a level of service, then other businesses should
to and either we're going to allow drive thru's in this area, along Highway 5 or we're not. And I
guess from my standpoint, it's my understanding that other people have inquired of staff as to
locating a restaurant. Perhaps, I don't know if coffee shops are part of it but locating businesses
there along this corridor with drive thru's and haven't pursued it this far so one could argue that
they've pushed it this far so they get the right to be there. But I think either we're going to allow
that as a business from a competitive standpoint for all businesses along this area or not so I guess
at this point I would be hesitant to go forward, even on the preliminary level indicating that we
would approve a drive thru. So I guess that's my thought on the drive thru. While there's a
certain significant other watching at home this evening, I may not be welcomed back because
while she isn't a soccer mom, she likes her drive thru coffee. You know I think we've got to look
long term and try to be consistent with what we've done from a planning standpoint along the
entire corridor.
Councilman Labatt: ...you're starting to sway me, and that's okay.
Mayor Furlong: I'm sitting down, go ahead.
Councilman Labatt: Going back to the Kwik Trip property.
Councilman Ayotte: Which property?
Councilman Labatt: Kwik Trip, with the vacant lot to the south... Potentially we could, and if we
allow a drive thru here, potentially we could end up with one there.
Kate Aanenson: You could get a request again, that would take an amendment and, I'm trying to
get the city attorney's attention. Technically it would take a legislative decision for you to
change the other PUD on Kwik Trip same as this. Just for clarification, again it says small to
medium size restaurant so, and no drive thru. So does this qualify as a small-medium restaurant
or qualify as, and that's what's not further refined, but the slope that we're moving down is that
drive thru, and what if the gas station went away and it became even bigger, and that was kind of
the staff's version...we don't want to go that path. But certainly we have time between now
and...
Mayor Furlong: Okay. I guess the other concern that I have is with regard to location of that
sidewalk and maybe this is something that is appropriately addressed between the preliminary
and the final and specifically I don't know if the public safety department or sheriff's department
has been asked about that from a safety standpoint, especially since that's the egress point where
all the traffic flow is expected to leave the property, and there is a controlled intersection or 4 way
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stop intersection juSt right down the road. You're not going to stop people from doing what they
want to do but the question is should we encourage it at a point that might not be safe so I'd be
interested in their comments back with regard to that location of the sidewalk.
Councilman Ayotte: Absolutely.
Mayor Furlong: So I guess other than that my other comments are, even though we focused on a
couple issues here, this looks like a wonderful addition to our city. It's clear that a lot of work
has been done from an architectural standpoint. A look and I commend everybody involved in
doing that. This will be a very nice addition and certainly serve not only the residents in that
neighborhood but as that industrial park develops across Highway 5, with other businesses, it will
be a very nice addition to the city so with that, those are my comments. I guess at this time I'll
ask if there are any other comments.
Roger Knutson: Mayor if I could just make a point of clarification.
Mayor Furlong: Certainly.
Roger Knutson: Kate, if they want to consider the coffee shop, and I'm not suggesting you do or
don't, but they would have to probably table 1 and 4.
Kate Aanenson: Well what I was going to recommend is under site plan, make it a condition of
the site plan that these items come back. Because it's only preliminary site plan.
Roger Knutson: It's only preliminary site plan but.
Kate Aanenson: Preliminary subdivision, excuse me. So make it a condition of the subdivision
that these items come back.
Roger Knutson: So you've be basically tabling 1 and.
Kate Aanenson: I'm going in the same direction.
Roger Knutson: You're not taking final action on 1 and 4.
Kate Aanenson: Right, because you're only technically seeing the subdivision, because that's a
preliminary plat, but if you want to see these other items I was just going to recommend you add
a condition subject to final approval of these other items as a part of the subdivision.
Roger Knutson:
Kate Aanenson:
Roger Knutson:
Kate Aanenson:
Roger Knutson:
Mayor Furlong:
Right and so then you'd.
See them all back.
So you'd be tabling the others.
Correct.
If that' s what you want to do.
I'm glad the two of you understand that.
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Councilman Lundquist: Back to the Mayor's point Kate, wasn't there the PUD's that are on the
south side of 5 on Century, wasn't there a couple of requests for uses in there with drive thru's
that we have.
Kate Aanenson: That is an industrial park. Again, this one is a neighborhood business district.
Councilman Lundquist: Okay, different zoning.
Kate Aanenson: Yeah, and the same with Villages on the Pond regarding Culver's. Different
zone. This is the only one that the underlying use is neighborhood business. But that doesn't
mean people won't come back and ask for request...
Councilman Lundquist: Yeah, sure.
Mayor Furlong: Okay. Roger, when you were talking about, or Kate when you were talking
about, I assume that was, well one it was dealing with the sidewalk issue.
Kate Aanenson: Technically the only one you would see back would be the preliminary plat. If
you moved on the other ones, then it'd be done. We're both talking about a mechanism that
tables the one. You'd ask for an extension from the applicant, would be one way to do it.
Roger Knutson: Right, we would do that. I noticed the 60 days... Again without putting words,
if you wanted to move approval of the preliminary plat subject to the conditions and then in the
same motion, or said by separate motion, table consideration of items with the others 1, 3 and 4
until, and then consider them with your final plat.
Mayor Furlong:
Roger Knutson:
And what page are you on Roger?
Blue page. Second page.
Mayor Furlong: Okay, thank you.
Roger Knutson: So it'd be approving 2 subject to conditions and tabling 1, 3 and 4 until we bring
it back with the f'mal plat.
Mayor Furlong: And is there any benefit to approving 2 if we're tabling 1, 3 and 4? Only so we
don't have to deal with it again.
Kate Aanenson: Yeah, I'm saying the same thing Roger said. If you want to turn to page 24,
you would approve the preliminary plat of the subdivision and then make condition number 5 as a
part of that. You want to see back as part of the subdivision, could you say it that way 1 through
4?
Roger Knutson: You're really, then you have separate items here so I just wanted to make it clear
we're tabling them, and we're not taking action.
Mayor Furlong: Okay.
Roger Knutson: And the reason, if you're going that direction, to approve the preliminary plat,
you have to do, that's a two step process. You can't get to step two until you finish step one.
Step one is preliminary so if you approve that then they come back with the final.
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Kate Aanenson: You could do preliminary and final at the same time.
Mayor Furlong: 2 is the preliminary plat.
Kate Aanenson: Correct.
Mayor Furlong: Okay. Okay, with that.
Kate Aanenson: I guess my question was to them if we could do preliminary and final at the
same time and then we'd just handle the whole thing.
Mayor Furlong: We want to approve something. Okay, alright. How about, I'm sorry.
Scott Schmitt: The intent is to get preliminary and final plat approval so we can close at the end
of this month so.
Kate Aanenson: So he wants to get final approval by the end of July.
Mayor Furlong: Okay. This is preliminary only was the expectation that final would come at
our next meeting?
Scott Schmitt: Final's coming at your next...which is when?
Councilman Labatt: 24th.
Mayor Furlong: Two weeks from tonight.
Roger Knutson: So the only thing we'd need to do, not that it's a small task, in the next 2 weeks
we work out, find out what a coffee shop is for you. Try to define that. We can do that as well in
a week as we can a month so.
Kate Aanenson: Yeah, more than likely it probably wouldn't happen within 2 weeks.
Mayor Furlong: If we weren't going to go forward with the drive thru aspect, and the only issue
was the feedback on the sidewalks, would we need to go through the tabling as well?
Kate Aanenson: No, because the sidewalks...subdivision.
Roger Knutson: You could approve the preliminary plat subject to review of the sidewalk issue.
That would be fine, you wouldn't need to table it.
Mayor Furlong: Okay.
Councilman Lundquist: And is it possible to do the final and, preliminary and final in the same
night 2 weeks from now?
Kate Aanenson: You've done that before. It's just order of...to make sure they've got all these
conditions met. That's what I'm saying, I don't think it will happen within 2 weeks but they've
been vborking on it so maybe it could.
15
Roger Knutson: I think it will.
Scott Schmitt: I think it will. We don't have a choice.
Councilman Lundquist: And even if we said that we would approve everything we had here
tonight, it's only preliminary. They'd still, in order to close at the end of the month, they've still
got to get the final done anyway.
Kate Aanenson: Right, but you don't want to approve those other 3 without subdivision. It kind
of all goes together.
Councilman Lundquist: Right, but this is, they're going to be ready to go preliminary and final in
2 weeks regardless of what, if we table it tonight they're going to be ready to go in 2 weeks to
close or if we say no on the drive thru and just approve it as is, they're still going to come back in
2 weeks with a final request anyway, so same the amount of work's going to have to happen...
define the coffee shop.
Councilman Ayotte: That's why, why not go forward with the option of coming up with a
definition?
Mayor Furlong: I'm ready for a motion.
Councilman Lundquist: I'd move that we table 1 through 4 until our next meeting to allow for
clarification of the coffee shop and for review of the sidewalks, and other outstanding issues.
Mayor Furlong: For clarification you're tabling items 1, 2, 3, and 4? Is your motion?
Councilman Lundquist: Yes.
Mayor Furlong: Okay, from the proposal. Is there a second?
Councilman Ayotte: Second.
Mayor Furlong: Is there any discussion on that motion? Councilman Labatt.
Councilman Labatt: I'm just wondering, why we're not, why we wouldn't want to do number 2
tonight. On page 24, approving the preliminary.
Councilman Ayotte: Because it doesn't make any difference at the end.
Councilman Lundquist: If this plat wouldn't go through anyway, then why would you replat the
whole thing if this development doesn't go through. Then there's no need to take the other
actions. It's kind of all a packaged deal. Is that a fair assessment?
Councilman Labatt: Do you guys understand what?
Scott Schmitt: Yeah. I see your point but if we don't, if the whole thing doesn't work, deal's off,
you don't have a final plat anyway.
Councilman Labatt: So make sure you're leaving tonight and you're not wondering what we just
did up here. Okay.
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Scott Schmitt: Yeah. Hopefully we're...
Councilman Labatt: Okay.
Mayor Furlong: Okay.
Kate Aanenson: Just for clarity, they're not scheduled on for the 28th. If they want to get it on
the 28th, there's other that are people involved in making that happen so I just want to make sure
if we're making it contingent on the 28th, it may not be til the second one. It's not scheduled.
Mayor Furlong: When you say it may not be until the second one.
Todd Gerhardt: First meeting in August.
Kate Aanenson: Pardon me?
Todd Gerhardt: It's either going to be the 28th or the fa'st meeting in August.
Mayor Furlong: My sense here is, I didn't, the motion didn't specify a specific time that it would
be brought back.
Kate Aanenson: I heard 2 weeks.
Councilman Lundquist: I did. I tabled it til the next meeting.
Kate Aanenson: That's what I heard. I just wanted to make sure that.
Councilman Labatt: You have a closing on this property at the end of the month.
Scott Schmitt: To be honest with you I think there was a mistake made, and either, probably by
me that it was supposed to be final and preliminary plat tonight. That's what it was supposed to
be. Somehow it didn't.., closing on the 30th so if we could be heard the 28th.
Councilman Labatt: Preliminary and final.
Scott Schmitt: Preliminary and final.
Kate Aanenson: I don't want to tell you more than you need to know but there's a lot of storm
water calc's. A lot of other detailed information. I'm not sure we've got all of that yet and I'm
not sure we can have it in 2 weeks. Just to be...I just want to give ourselves another 2 weeks.
Mayor Furlong: We've had a motion made and seconded that included a return at our next
meeting.
Councilman Lundquist: Yes.
Mayor Furlong: What I'm hearing from staff is that, staff may not be able to do that, is that.
Kate Aanenson: I'm not sure we have all the information on that. If we do.
17
Councilman Lundquist: But if we can't get it in 2 weeks, then.
Kate Aanenson: Right, we put it on the next one.
Roger Knutson: As I understand it the bali's really in their court. To get the information that
Kate needs so they're desperate so they'll have to get it there.
Councilman Lundquist: And those are all for final anyway. We don't need any of that stuff for
preliminary, right?
Kate Aanenson: They're going for final plat.
Councilman Lundquist: Right, but my motion is to table everything here that's all preliminary
and you don't need any of those calc's and all of that thing for final anyway so the motion would
be to table all the preliminary stuff, agreed. If we can't get the calc's done, we don't get the
calc's done, but you don't need any of that for preliminary anyway, correct?
Kate Aanenson: That's correct.
Councilman Lundquist: So then the motion still would apply accurately to the preliminary stuff.
We just may not be able to get the preliminary and final done in 2 weeks which that final doesn't
matter anyway as far as this motion is concerned.
Roger Knutson: Agreed.
Mayor Furlong: Okay.
Todd Gerhardt:
said.
Mayor Furlong:
4.
Councilman Ayotte: No.
You're just going to take the action that they requested tonight, is what Brian
As a final, okay. Any other discussion on the motion to table items 1, 2, 3 and
Councilman Labatt: None.
Mayor Furlong: Hearing none we'll call the question without objection.
Councilman Lundquist moved, Councilman Ayotte seconded that the City Council table
Preliminary Plat, Site Plan Review, Conditional Use Permit and Planned Unit Development
Amendment for Clearwater Development to the next City Council meeting to allow for
clarification of the coffee shop, review of the sidewalks, and other outstanding issues. All
voted in favor and the motion carried unanimously with a vote of 4 to 0.
Mayor Furlong: At this point we'll return back to our items delayed from earlier in the meeting
to our public heatings.
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