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2 Arboretum Shop Ctr PUD Amnd CITY OF CHANHASSEN 7700 Markel Bou'evard PO Box 147 Cllarla,sell tMi 55317 Administration 952.227 1100 9522271110 Building Inspections PIIII'le 9522271180 9522271190 Engineering 9:)2 227 1160 Fax ~152,22711 ~lO Finance 952.227.1 HO Fa( 952 2271110 Park & Recreation Plìí!lle 952.2271120 952 227 1110 Reereall!!!1 2310 Buulevard [152.221.1400 Fa/052 227 1404 Planning & Natural Resources PhDllS 952 2271130 'j52227111 I] Public Works 1591 Pdr~ Road 952 227 1300 9522271310 Senior Center 9522271125 Fax.952.2271110 Web Site ,/2 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Sharmeen AI-Jaff, Senior Planner November 8, 2004 lÌl~ DATE: SUBJ: Request for Amendment to Arboretum Shopping Center Planned Unit Development Standards to allow an expanded list of uses within this specific district (Century Plaza Retail Center) Planning Case No. 04-35 EXECUTIVE SUMMARY Request for an expansion of permitted uses within a Planned Unit Development - Neighborhood Business District to include appliance sales and service, health and physical exercise clubs, lawn and garden centers with no exterior storage and display, off-sale liquor stores, and radio and television studios. ACTION REQUIRED City Council approval requires a simple majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on October 19, 2004, to review the proposed Planned Unit Development amendment. The Planning Commission voted 5 to 1 to deny Planned Unit Development Amendment #04-35. The Commission supported inclusion of only health and physical exercise clubs up to 5,000 square feet; however, after a series of motions, the final motion stated denial of the request. The applicant had requested inclusion of lawn and garden centers, off-sale liquor stores, radio and television studios, and appliance sales and services. The Planning Commission made several motions but the intent was only to include the amendment for health and physical exercise clubs up to 5,000 square feet. Because health and physical exercise clubs up to 5,000 square feet were not included in the motion, staff is recommending that the City Council include it in the amendment. The summary and verbatim minutes are item la in this packet. RECOMMEND A TION Staff and the Planning Commission recommend the City Council adopt the following motion: "The City Council approves Planned Unit Development Amendment #04-35 to include only health and physical exercise clubs up to 5,000 square feet." A TT ACHMENTS 1. Planning Commission Staff Report Dated October 19,2004. g:\plan\2004 planning cases\04-3S - century plaza retail center pud amendment\exccutivc summary.doc The City ot Chanhassen · A growing willi rieall lake, a cllar:III;~ wllldlng !rails palk, glral place Iu live alìd piay CC DATE: November 8, 2004 [l] PC DATE: October 19, 2004 CITY OF CHANHASSEN REVIEW DEADLINE: November 16, 2004 CASE #: Planning Case 04-35 BY: Al-Jaff ST AFF REPORT PROPOSAL: Request for Amendment to Arboretum Shopping Center Planned Unit Development Standards to allow an expanded list of uses within this specific district (Century Plaza Retail Center). ~ Z < u ~ ~ ~ ~ < LOCA TION: Northwest intersection of Century Boulevard and West 78th Street. APPLICANT: Arboretum Exchange, LLC 7500 West 78th Street Edina, MN 55439 (952) 947-3000 PRESENT ZONING: PUD, Neighborhood Commercial 2020 LAND USE PLAN: Commercial ACREAGE: 1.26 acres < SUMMARY OF REQUEST: Request for uses including appliance sales and service, health and ~ physical exercise clubs, lawn and garden centers with no exterior storage and display, off-sale liquor < stores, and radio and television studios. Notice of this public hearing has been mailed to all property ~ owners within 500 feet. Staff is recommending denial of the request. ~ LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high 5:: level of discretion in approving rezonings, PUDs, and amendments to PUDs because the City is rJ'J. acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. Location Map Arboretum Village PUD Amendment Century Plaza Retail Center City of Chanhassen Planning Case No. 04-35 / __/___.--J -~-~ Century Plaza Retail Center Planning Case No.04-35 October 19,2004 Page 2 PROPOSAL The applicant is requesting an expansion of permitted uses within a Planned Unit Development - Neighborhood Business District. The site is located north of Highway 5, east of Century Boulevard and south of West 78th Street. Access to the site is gained via a full curb cut off of West 78th Street and a right in/out only off of Century Boulevard. The site contains a multi-tenant retail building, which is currently under construction. The Planned Unit Development which governs this site states the following: 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 these lots 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. Section 20-692. states: The following uses are permitted in a "BN" District: (1) Antenna as regulated by article XXX of this chapter. (2) Community center. (3) Convenience stores without gas pumps. (4) Day care center. (5) Health services. (6) Home Furnishings. (7) Offices. (8) Personal services. (9) Private clubs and lodges. (10)Shopping center. (11)Small appliance repair shop (12)Specialty Retail Shop. (13)Utility services. (14)Veterinary clinics. The applicant provided staff with a list of proposed uses to evaluate. Staff explained that all uses would be permitted with the exception of appliance sales and service, health and physical exercise clubs, lawn and garden centers with no exterior storage and display, off-sale liquor stores, and radio and television studios. The applicant is requesting a Planned Unit Development amendment to allow these uses in the Arboretum Shopping Center Planned Unit Development Standards. Appliance sales and service: Staff believes this use is permitted in the district, however, the ordinance specifically states "Small appliance repair shop" and "Specialty Retail Shop". The size of the space may not exceed 5,000 square feet. Century Plaza Retail Center Planning Case No. 04-35 October 19, 2004 Page 3 The remaining uses depart from the permitted uses in the Neighborhood Business District. Also, the Comprehensive Plan specificany states the following when designing a Neighborhood Commercial District: The commercial development would need to be designed to be inherently low scale with a neighborhood orientation. As such, it should not be in competition with commercial development elsewhere in the community, particularly in the CBD, BG, and BH Districts. Health and physical exercise clubs: Currently this use is permitted in the Central Business District and General Business District. Lawn and garden centers with no exterior storage and display: Currently this use is permitted in the General Business District and requires a conditional use permit in the Highway Business District. Off-sale liquor stores: Currently this use is permitted in the Central Business District and Highway Business District. Radio and television studios: A comparable use in the city code is "Recording Studio". Currently this use is permitted in the Industrial Office Park District. Approving the above uses within this district win be in conflict with the comprehensive plan because the uses are not inherently low scale and would be in competition with commercial development particularly in the CBD, BG, and BH Districts. Staff is recommending denial of the request. RECOMMENDA TION "The Planning Commission recommends denial of Planned Unit Development Amendment 04-35 to include Health and Physical Exercise Clubs, Lawn and Garden Centers with no exterior storage and display, Off-Sale Liquor Stores, Radio and Television Studios and Appliance Sales and Service that exceed 5,000 square feet based upon the following: 1. The district has a reasonable selection of permitted uses. 2. The requested amendments will be in conflict with the comprehensive plan because the uses are not inherently low scale and would be in competition with commercial development particularly in the CBD, BG, and BH Districts. ATTACHMENTS 1. Findings of Fact. 2. Application. 3. Letter from the applicant. 4. Affidavit of Mailing Notice of Public Hearing. 5. Arboretum Shopping Center PUD Development Design Standards. g:\plan\2004 planning cases\04-3S - century plaza retail center pud amendment\staff report pc.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Arboretum Exchange, LLC for an amendment to the Arboretum Village Development Design Standards to permit expanded uses - Planning Case No. 04-35. On October 19,2004, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Arboretum Exchange, LLC for an amendment to the development design standards to permit expanded list of uses as permitted uses for the property located at the Northwest intersection of Century Boulevard and West 78th Street, Lot 1, Block 1, ARBORETUM SHOPPING CENTER. The Planning Commission conducted a public hearing on the proposed site plan 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 1. The property is currently zoned Planned Unit Development, PUD. 2. The property is guided by the Land Use Plan for commercial uses. 3. The legal description of the property is: Lot 1, Block 1, ARBORETUM SHOPPING CENTER. 4. The Planning Commission considered the impacts and possible adverse affects of the proposed amendment to the Arboretum Shopping Center PUD design standards to permit expansion of uses. The findings are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be inconsistent with the official City Comprehensive Plan as retail uses are a distinct use from office and industrial uses. b) The proposed use is or will be incompatible with and compete with the present and future land uses of the area, potentially changing the character of the development. 5. The planning report #04-35 dated October 17, 2004, prepared by Sharmin AI-Jaff is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council deny the amendment permitting expanded uses on the parcels of Lot 1, Block 1, ARBORETUM SHOPPING CENTER. ADOPTED by the Chanhassen Planning Commission this 19th day of October, 2004. CHANHASSEN PLANNING COMMISSION BY: Uli Sacchet, Its Chairman g:\plan\2004 planning cases\04-3S - century plaza retail center pud amendment\findings of fact.doc · ClTYOF CHANHA8SEN CITV OF CHANHASSEN RECEIVED CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 SEP .1 7 2004 CHANHASSEN PLANNING DEPT DEVELOPMENT REVIEW APPLICATION APPLICANT: Arboretum Exchange, LLC ADDRESS: 7500 West 78th Street Edina, MN 55439 TELEPHONE (Daytime) (952) 947-3000 OWNER: Same as Applicant ADDR ESS: TELEPHONE: _ Comprehensive Plan Amendment _ Temporary Sales Permit - Conditional Use Permit - Vacation of ROWÆasements - Interim Use Permit - Variance _ Non-conforming Use Permit - Wetland Alteration Permit .l.) Planned Unit Development _ Zoning Appeal , . Minor Amendment _ Rezoning _ Zoning Ordinance Amendment _ Sign Permits _ Sign Plan Review _ Notification Sign - Site Plan Review" '..L,¡};crow fa Filing Fees/Attorney Cost..... " ($50 CUP/sPRNACNARNVAP/Metes and Bounds, $400 Minor SUB) - Subdivision" TOTAL FEE $ J~...:.. A list of all property ovvners 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 8'12" X 11" reduced copy of transparency for each plan sheet. ** Escrowwill be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME Arboretum Village LOCATION Hwy 5 & Century Boulevard LEGAL DESCRIPTION TOTAL ACREAGE WETLANDS PRESENT PRESENT ZONING PUD REQUESTED ZON ING Amended PUD PRESENT LAND USE DESIGNATION Commercial YES X NO REQUESTED LAND USE DESIGNATION No change REASON FOR THIS REQUEST We are requesting that the PUD be amended to allow additional neighborhood convenience uses in the Century Plaza retail center. See attached Exhibit "A." This application must be completed in full and be typewritten or cleany printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer INith 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 \r\IIÍtten 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 1IIA10m the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of olNl'1ership (either copy of CNvner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate priorto 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 approved by the applicant. ,(~¿~ S7JŠ~_ Signature of Fee Owner ?~/'1-0 \./ Date 9-(1- oy Date Application Received on g - 11- ~ Fee Paid 150~ Receipt No. 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 ofthe report will be mailed to the applicant's address. 17 September 2004 RECEIVED S£P 2 0 2004 C\TV OF CHANHASSEN ~ CONSTRUCTION 7500 West 7Hth Street Edina, Mil1lll'sota 55434 Sharmeen AI-Jaff City of Chanhassen - Planning Dept. 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 (%2) 447-3000 fax (%2) 447-3030 Re: Exhibit "A" to be attached to our application to amend the Arboretum Village PUD as it relates to the Century Plaza Retail Center. Greetings Sharmeen, Please attach this letter and the accompanying four pages to our application to amend the Arboretum Village PUD as Exhibit "A," as referenced therein. You indicated previously that all but five of the uses we had submitted to you for staff consideration would be allowed under the PUD as it stands today. Those five uses, which I've highlighted in red on the attached list, are: 1. Appliance sales and service 2. Health and physical exercise clubs 3. Lawn and garden centers with no exterior storage and display 4. Off-sale liquor stores 5. Radio and television studios We would like the city staff, planning commission, and city council to consider each of these uses separately and collectively for their potential value to a neighborhood convenience shopping center like ours and the people who live and work nearby. Although we are not speaking with prospective tenants in all five of those uses at this time, we believe that there are valid possibilities within each. Should you have questions, I can be reached at (952) 947-3011. Thanks again for your assistance. Regards, ,----- ¿-- Timothy L. Bohlman Senior Project Manager Construction and Design MN Guilder License # 0001220 http://www.RonClark.com Exhibit" A" Proposed Uses in the Century Plaza retail center at Arboretum Village Page 2 Indoor food, meat, fish, fruit, and vegetable markets. Jewelry, time pieces, collectibles, sHverware sales and repairs. Lawn and garden centers with no exterior storage and display. leather goods and luggage. locksmiths. Medical and dental office/clinic services. Municipal uses where the use conducted is customarily considered to be an office use. Music'record stores. Musical Instrument sales and repair. Nursery schools and daycare centers. Office supply and equipment. Offices for administrative, executive, professional, research or similar organizations, and laboratories having only limited contact with the general public; where these uses are permitted, no merchandising is permitted to be sold on the premises. Off-sale liquor stores. Opticians and optometrists. Orthopedic and medical appliances. Paint and wallpaper. Pet shops, including grooming. Photographic studios, including the development of film and pictures. Postal substations and post offices. Print shops/photographic copying. Radio and television sales and service. Radio and television studios. Sewing centers, machine sales, and sewing classes. Shoe sales and repair. Sign shops, limited to over-the-counter retail sales of signs or other related graphic imagery. Sporting goods. Tanning salons. Travel bureaus/agencies. Veterinary offices and ctinlcs; provided that no uses are located outside of the building. Video sales and rental for general circulation. Pmpn~Nf Cnntiitinn~1 I J~A.q Restaurants, Clesses 1, 2, and 3, except for drive-through. Motor fuel stations. Restaurants serving liquor, wine, or 3.2 beer. Day Care Center Pmpn~Ad A~Knry I JKAK Decorative landscape features. Public telephone booths: provided, that all yard requirements are met. Satellite dishes Signs as permmed by the City Off-street parking and off-street loading. Exhibit "A" Proposed Uses in the Century Plaza retail center at Arboretum Village Page 2 Indoor food, meat, fish, fruit. and vegetable markets. Jewelry, time pieces, collectibles, sHverware sales and repairs. Lawn and garden centers with no exterior storage and display. leather goods and luggage. locksmiths. Medical and dental office/clinic services. Municipal uses where the use conducted Is customarily considered to be an office use. Music/record stores. Musical instrument sales and repair. Nursery schools and daycare centers. Office supply and equipment. Offices for administrative, executive, professional, research or similar organizations, and laboratories having only limited contact with the general public; where these uses are permitted, no merchandising is permitted to be sold on the premises. Off-sale liquor stores. Opticians and optometrists. Orthopedic and medical appliances. Paint and wallpaper. Pet shops, including grooming. Photographic studios, including the development of film and pictures. Postal substations and post offices. Print shops/photographic copying. Radio and television sales and service. Radio and television studios. Sewing centers, machine sales, and sewing classes. Shoe sales and repair. Sign shops, limited to over-the-counter retail sales of signs or other related graphic imagery. Sporting goods. Tanning salons. Travel bureaus/agencies. Veterinary offices and ctlnlcs; provided that no uses are located outside of the building. Video sales and rental for general circulation. Pmpn!ltM CnnrtltinnAl1 J~ Restaurants, CI~sses 1, 2, and 3, except for drive-through. Motor fuel stations. Restaurants serving liquor, wine, or 3.2 beer. Day Care Center PmPMAl'f A~!ltnry I J!ltA!il Decorative landscape features. Public telephone booths; provided, that all yard requirements are mel Satellite dishes Signs as permmed by the City Off-street parking and off-street loading. Exhibit" A" Uses allowed within the "BN" District which serves as the foundation of the Century Plaza portion of the Arboretum Village PUD Page 3 The following uses are permitted in a "BN" District: (1) Antenna as regulated by article XXX of this chapter. (2) Community center. (3) Convenience stores without gas pumps. (4) Day care center. (5) Health services. (6) Home Furnishings. (7) Offices. (8) Personal services. (9) Private clubs and lodges. (10) Shopping center. (11) Small appliance repair shop (12) Specialty Retail Shop. (13) Utility services. (14) Veterinary clinics. Section 95. Section 20-693 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The following are permitted accessory uses in a "BN" District: (1) Parking lots. (2) Reserved. (3) Signs. (4) Temporary outdoor sales (subject to the requirements of section 20-312). Section 96. Section 20-694 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Exhibit" A" Conditional uses allowed within the" BN" District which serves as the foundation of the Century Plaza portion of the Arboretum Village PUD, & Uses allowed within the "BH" District Page 4 The following are conditional uses in a "BN" District: (1) Bed and breakfast establishments. (2) Convenience store with gas pumps. (3) Drive-in banks including automated kiosks. (4) Fast food restaurants without a drive-through as part of a shopping center. (5) Motor Fuel Station. (6) Reserved. (7) Standard restaurants. Section 97. Section 20-712 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The following uses are pennitted in a "BH" District: (1) Antennas as regulated by article XXX of this chapter. (2) Car wash. (3) Community center. (4) Convenience stores without gas pumps. (5) Day care center. (6) Fast food restaurant. (7) Financial institutions with/or without drive-through services. (8) Funeral homes. (9) Health services. (10) Liquor stores. (11) Miniature golf. (12) Motels and hotels. (13) Offices. CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on October 7, 2004, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Arboretum Village PUD Amendment - Planning Case No. 04-35 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. I 'ß~ß~ Subscribed and sworn to before me this-+~ day of Q --\2bo í ,2004. ~-yy~ l..IM..- I· 'I........K,ì.J...IL____ Notary Pu . '~_. ~.! 11';".., ·Á~....1~_tU~¡\\þ 'o).#~::-'\IJt....~\'~ ,;,C·~·.···p:> KIM T. MEUWiSSEN ~ . .~... 'K.. N ..ota.ry ^."p.\U.~l.iC - ~. mnesota ,.,., G,·:,du· r,n0"IY vv~.'~~';;~ç~~~v'~ 1/31/2005 Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Intormation System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952422741107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify. and hold harmless the Crty from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data ....rr",irlorl Disclaimer This map IS neither a legally recorded map nor a survey and is not intended to be used as one This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The Crty does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952·227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims. and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User. its employees or agents, or third parties which arise out of the user's access or use of data nr,.."irlorl 0) c .- ... Q) Q) == c 0)0 c .- fA J.. fA Cts .- ~E o E ._ 0 -0 ~ ~O) a. .= ....c o c Q) Cts 0- .- a. ... o c zm fA Cts J: C Cts J: o ... 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Public Hearing Notification Area (500 feet) Arboretum Village PUD Amendment Century Plaza Retail Center City of Chanhassen Planning Case No. 04-35 ; , ! _JJ j ¡ / WYLS, LLC PO BOX 11 3 YANKTON SD 57078 STEVEN SLOWEY 2505 BURLEIGH ST YANKTON SD 57078 CHARLES A WHITE 2754 CENTURY CIR CHANHASSEN MN 55317 JONATHAN ROMAN ABAD & SHANNON G ABAD 2759 CENTURY CIR CHANHASSEN MN 55317 ASIM SYED MOHAMMED 2766 CENTURY CIR CHANHASSEN MN 55317 MARK NELSON & BRITTNEY PARMER 2775 CENTURY CIR CHANHASSEN MN 55317 ARBORETUM EXCHANGE LLC 7500 78TH ST W MINNEAPOLIS MN 55439 TAMI STORDAHL 7664 CENTURY BLVD CHANHASSEN MN 55317 RAYMOND J & JOAN A GILGENBACH 7669 CENTURY BLVD CHANHASSEN MN 55317 PETER SCHWARZKOPF & JENNIFER L AUSTIN 7676 CENTURY BLVD CHANHASSEN MN 55317 STEPHEN E JANKOWIAK TRUSTEE OF TRUST 1118 25TH ST NW BUFFALO MN 55313 JUDY E OLSON 2750 CENTURY CIR CHANHASSEN MN 55317 JEFFREY F TOMSICH & STEPHANIE J KUTZ 2755 CENTURY CIR CHANHASSEN MN 55317 KATHERINE A POHLEN 2762 CENTURY CIR CHANHASSEN MN 55317 JOHN B & CAROLINA M FRASER 2770 CENTURY CIR CHANHASSEN MN 55317 JEFFREY R & KATHLEEN FORSBERG 2779 CENTURY CIR CHANHASSEN MN 55317 ADAM R & STEPHANIE S TOLLEFSON 7657 CENTURY BLVD CHANHASSEN MN 55317 THOMAS W & LUANNE M WRIGHT 7665 CENTURY BLVD CHANHASSEN MN 55317 DARREN WALTER & KAREN HEDLUND 7672 CENTURY BLVD CHANHASSEN MN 55317 BRETT PETERSON 7677 CENTURY BLVD CHANHASSEN MN 55317 CENTURY GAS LLC ETAL 13540 80TH ST S HASTINGS MN 55033 CHAD A ROSW ICK 2751 CENTURY CIR CHANHASSEN MN 55317 WAYNE E DUMMER & JUDY E D MYERS 2758 CENTURY CIR CHANHASSEN MN 55317 NANCY L WRIGHT 2763 CENTURY CIR CHANHASSEN MN 55317 STEPHEN F & JOLENE P PANCIOCCO 2771 CENTURY CIR CHANHASSEN MN 55317 TRAVIS PLAKE 2783 CENTURY CIR CHANHASSEN MN 55317 CHRISTOPHER J COHEN 7661 CENTURY BLVD CHANHASSEN MN 55317 JOHN CALDWELL & CHERYL CALDWELL 7668 CENTURY BLVD CHANHASSEN MN 55317 JACQUELYN R LARSON 7673 CENTURY BLVD CHANHASSEN MN 55317 CHRISTOPHER A RASMUSSEN & NICOLE L RASMUSSEN 7681 CENTURY BLVD CHANHASSEN MN 55317 JOYCE E NOON 7685 CENTURY BLVD CHANHASSEN MN 55317 ARBORETUM VILLAGE COMMUNITY 815 NORTHWEST PKY SUITE 140 EAGAN MN 55121 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 LESLIE E JOHNSON 7689 CENTURY BLVD CHANHASSEN MN 55317 PULTE HOMES OF MINNESOTA CORP 815 NORTHWEST PKY SUITE 140 EAGAN MN 55121 KIMAN & JUNG JOO 7693 CENTURY BLVD CHANHASSEN MN 55317 LUNDGREN BROS CONSTRUCTION 935 WAYZATA BLVD E WAYZATA MN 55391 EXHIBIT C ARBORETUM SHOPPING CENTER PUD DEVELOPMENT DESIGN STANDARDS a. Intent The purpose of this zone is to create a PUD neighborhood commercial 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 these lots 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 extelior property lines. The following table displays those setbacks. Setback Required Minimum Proposed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 30 feet Interior Public Right-of-Way 30 feet 7 variance was granted by the City Council Hard Surface Commercial 70% 68.3% Parking Setback if screening IS 10 feet 10 feet provided d. Building Materials and Design COMMERCIAL C-l 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. 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. C-2