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CAS-03_PUD AMENDMENTS (2)es maybe amended, shall apply to Affidavit of Publication abcdefghijklmnopgrstuvwxyz Southwest Newspapers CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 490 State of Minnesota) AN ORDINANCE AMENDING I )SS. CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE County of Carver ) CTTY'S ZONING ORDINANCE, BY AMENDING A PLANNED Subscribed and swom before me on UNIT DEVELOPMENT THE CITY COUNCIL OF THE (Published in the Chanhassen CITY OF CHANHASSEN Laurie A. Harnnann, being duly swum, on oath says that she is the publisher or the authorized ORDAINS: Section 1. Chapter 20 of the agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- Chanbasskn City Code, the City's lager and has full knowledge of the facts herein stated as follows: zoning ordinance, is hereby amended by amending the Market A These news have complied with the requirements constituting qualification as a legal ( ) newspapers P TSN g 9u Square planned Unit Development s, newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as Agreement Special Provisions, amended. Section 3. zoning, to read as follows: cPF�CIA1 PROVISIONS Zoning. The is being (B) The printed public notice that is attached to this Affidavit and identified as No. ),: 3. plat rezoned to Planned Unit Development. Exceptasspecifically was published on the date or dates and in the newspaper stated in the attached Noti and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of modified herein, the uses, the news specified. Printed below is a of the lower case alphabet from A to Z, both newspaper cePY Pb requirements, and standards of the inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: es maybe amended, shall apply to abcdefghijklmnopgrstuvwxyz the subject property. See tiv : This ordinance shall be immediately upon its effective passage and publication. BY�� PASSED AND ADOPTED by Laurie A. Hartmann the Chanhassen City Council this 81° day of February, 2010. ATTEST: Todd Gerhardt, Clerk/Manager Subscribed and swom before me on Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on Thursday. February 18, (' 2010; No. 4327) this �';,� day of T� . 2010 JYMME J. BARK NOTARY PUBLIC - MINNESOTA 61y Commission Expires 01/31/2013 Nof ublic RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCANNED Affidavit of Publication Southwest Newspapers CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA State of Minnesota) ORDINANCE NO. 491 AN ORDINANCE AMENDING )SS. CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE County of Carver ) LTPY's ZONING ORDINANCE, BY AMENDING A PLANNED UNIT DEVELOPMENT THE CITY COUNCIL OF THE CITY OF CHANHASSEN Laurie A. Hartmann, being duly swoon, on oath says that she is the publisher or the authorized ORDAINS: agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- Section 1. Chapter 20 of the lager and has full knowledge of the facts herein stated as follows: Chanhassen City Code, the City's zoning ordinance, is .-hereby (A) These newspapers have complied with the requirements constituting qualification as a legal a mendedbyamendingthe WestOne newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as Planned Unit Development amended Agreement, Section 6. Zoning, to read as follows: - ^ BG CBD ZONING. Except as (B) The printed public notice that is attached to this Affidavit and identified as No. �'i specifically provided herein, the was published on the date or dates and in the newspaper stated in the attached Notice and said subject property is subject to the Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of requirements of the BG;GenneraS the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both Business --Bistriet CBD, Central inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Business District, zoning district and publication of the Notice. as may be amended. Section2 This ordinance shall be effective mimediatelY upon its abcdefghbithnnopgrstuvvwxyz passage and publication. y/ PASSED AND ADOPTED by the Chanhassen City Council this 8t° day of February, 2010. - / ATTEST: Laurie A. Hartmann Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor _ (Published in the Chanhassen Subscribed and sworn before me on Villager on Thursday, February 18, 2010; No. 4328) this L �' day of 'w 2010 =MINNESOTA r-/ l NOT My G Not P lic RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCANNED CITY OF CHANHASSEN CARVER AND HENbWlN COIRrORs' MINNFSOTA ORDINANCE NO. 992 AN ORDINANCE AMENDING CHAPTER W OF THE CHANHASSEN CITY CODE, THE CF S ZONING ORDDNANCE, BY AMENDING A PLANNED UNIT DEVELOPMRNT TRE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDADNS: Se"tionl ChapterMaffieChanhassen City Coda City'swning onlin ,ishembyamendWbyamending Ne Chanhassen Retell Center Planned Unit Development Standards. Sections a. Intent. c Setbacks, d. Development Standads Tabulation Box, and Lighting l., to reads follows: Intent The purpose of the woe is In create a PUD mmmerciaVretaH woe. The use of the PUD wne is N allow for more flexible design standards whilecreatingaNgherqua andmoreserrsibveproposal Allutilitis are requerdtobeplxcedurederground. EachlotproposMfordemlopmeot shallproceedthroughsiteplanreviewbasedtr ct regulations shall below. The Centre) Business District regulations shall apply excepts d by this oNinanm. cScibac . Setbacks Per city Cade. lgRaek _ ____ R"s Bualdee&Paywb' Tedd Gerhard[, Clerk/Manager Mems A Furlong. Mayor (Published in the Chanhassen Villager on Thursday, February 18.2o1p, No. 9SU) Affidavit of Publication Southwest Newspapers Slate of Minnesota) )SS. County of Carver ) "one A. Harm ann, being duly sworn, on mth says that she is the publisher or the authorized agent of the publisher of the newspapers known s the Chaska Herald and the Chanhassen KI - lager and has full knowledge of the fans herein stated s follows: (A) These newspapers have complied wide the requirements constituting qualifi®tion s a legal ewspaper, s provided by Minnesom Statute 331 A.02, 331 A.07, and other applicable laws, as werni el (B) The printed public notice that is attached to this ARdavet .it identified at No. `) j L was published on the date or dates and in the newspaper stated in the attecbed Note¢ and said Notice is hereby encnpomted as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the Iowa case alphabet from A to Z, both malsive, and is hereby acknowledged s being the kind and size of type used in the compoemon and publication of the Notice: andefghijklmoopgrstu ey: tin. —'; Laurie A. Halm in Subscribed ad sworn before me on this )q'�day of 2010 N ublic .NMME J.:MRKNOTARY.MME ESOTAMy Cn.,%on Esp1/2813 RATE INFORMATION Loweaclassified rate paid by commercial users forcompi mblespace.... $31.20 percolumn inch Maximum rote allowed bylaw for the abovematter....._....._...........__... S31,20 percolumn inch Rate wwally charged for the abovematter............................................... S1259 percolumn inch SCANNED I O- 63 CPTY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 491 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY AMENDING A PLANNED UNIT DEVELOPMENT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by amending the West One Planned Unit Development Agreement, Section 6. Zoning, to read as follows: 6. CBD ZONING. Except as specifically provided herein, the subject property is subject to the requirements of the CBD, Central Business District, zoning district as may be amended. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTID by the Chanhassen City Council this 8`" day of February, 2010. ATTEST: �r — 4—W Md Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on February 18, 2010) SCANNED Io —U 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA LIM oil Z AWMI ZLOX,99—j AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY AMENDING A PLANNED UNIT DEVELOPMENT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by amending the Chanhassen Retail Center Planned Unit Development Standards, Sections a. Intent, c. Setbacks, d. Development Standards Tabulation Box, and Lighting 1. to read as follows: a. Intent The purpose of the zone is to create a PUD commercial/retail 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 lot proposed for development shall proceed through site plan review based on the development standards outlined below. The Central Business District regulations shall apply except as modified by this ordinance. C. Setbacks Per City Code. d. Development Standards Tabulation Box USEI Lot Area Bldg sq Ft. Parkin Permitted Use 20,000 I sq. ft. NA Per code Lighting 1. All light fixtures shall be shielded high pressure sodium fixtures or LED. Light level for site lighting shall be no more than 1/2 candle at the property line. This does not apply to street lighting. SCANNED Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 8m day of February, 2010. ATTEST: Jd erhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on February 18, 2010) 2 CITY OF CHANHASSEN CARVER AND IIENNNEPIN COUNTIES, MINNESOTA ey'voliz". NeJaNIXIb117 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CTI'Y CODE, THE CMS ZONING ORDINANCE, BY AMENDING A PLANNED UNIT' DEVELOPMENT THE CTI'Y COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by amending the Market Square Planned Unit Development Agreement Special Provisions, Section 3. Zoning, to read as follows: SPECIAL PROVISIONS 3. Zoning. The plat is being rezoned to Planned Unit Development. Except as specifically modified herein; the uses, requirements, and standards of the "CBD", Central Business District, as may be amended, shall apply to the subject property. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 8a' day of February, 2010. ATTEST: Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on February 18, 2010) SCANNED A n R O December 7, 2009 Re: Rezoning of Property Dear: On June 23, 2009, City staff held a downtown business meeting with downtown Chanhassen property owners to discuss potential changes being proposed for commercial development in the City as well as specific proposals being contemplated in the downtown area. Since that meeting, the City has adopted a zoning ordinance amendment that would permit the expansion of the downtown area to the southwest to permit community commercial type uses. A second element of the changes would be the potential rezoning of four properties from General Business District, BG, to Central Business District, CBD. This rezoning would include your property. The intent of the "CBD" District is to provide for downtown business development supporting a strong central business district while enhancing the overall character of the community in conformance with downtown redevelopment plan, goals and objectives. The CBD district has more flexibility on setbacks, site coverage and building heights. It is also a more permissive district, relative to use of the property, including permitting residential development. However, it would eliminate the auto services types uses as a use in the area. The City is proposing the rezoning of your property with a public hearing at the Planning Commission on January 19, 2010 and City Council review on February 8, 2010. Prior to the hearing, we encourage you to contact or meet with staff to discuss the implications of the proposed rezoning. The zoning district regulations can be reviewed at the following link: . If you have any questions or need additional information, please contact me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Sincerely, Robert Generous, AICP Senior Planner g:\plan\ka\downtown meeting\bg to cbd prop owner letter.doc December 7, 2009 Re: Rezoning of Property Dear: On June 23, 2009, City staff held a downtown business meeting with downtown Chanhassen property owners to discuss potential changes being proposed for commercial development in the City as well as specific proposals being contemplated in the downtown area. Since that meeting, the City has adopted a zoning ordinance amendment that would permit the expansion of the downtown area to the southwest to permit community commercial type uses. A second element of the changes would be the potential rezoning of four properties from General Business District, BG, to Central Business District, CBD. This rezoning would include your property. The City is proposing the rezoning of your property with a public hearing at the Planning Commission on January 5, 2010 and City Council review on January 25, 2010. Prior to the hearing, we encourage you to contact or meet with staff to discuss the implications of the proposed rezoning. The zoning district regulations can be reviewed at the following link: . If you have any questions or need additional information, please contact me at (952) 227-1131 or bp-enerous@ci.chanhassen.mn.us. Sincerely, Robert Generous, AICP Senior Planner The PUDs within this area include the following: Market Square is guided commercial and references General Business District as an underlying district. All buildings must meet the following setbacks: Front = 25 ft, Rear = 25 ft, Side = 10 ft. Burdick Park and Chanhassen Retail Addition have the same regulations and are guided commercial. They do not reference any underlying districts; however, Chanhassen Retail Addition has the potential for firrther development specifically along West 78' Street. They must meet the following Setbacks: Street Building Setback Parking Setback West 78 50 feet 20 feet Powers Boulevard 50 feet 20 feet Kerber Boulevard 25 feet 20 feet Picha Street 25 Feet 20 Feet West One is guided industrial and references General Business as an underlying district. The buildings must meet the following setbacks: Front = 25 ft, Rear = 25 ft, Side = 10 ft. Amending the PUDs will insure that in the event the governing document is silent on an issue, then the City Code can be referenced. Also it will allow for the highest and best use on the site. Background The downtown area actually encompasses all the land between Great Plains Boulevard and Powers Boulevard. However, only that land east of Market Boulevard is currently zoned Central Business District, CBD. Central Business District This district includes business, commercial, office and residential uses that provide a comprehensive range of services at higher development densities and with greater variety of uses in a compact, walkable environment. The Central Business District has the greatest concentration of jobs, services, housing and civic uses found in the City. Generally, the city's highest density development is found in the Central Business District area. Other development -supportive infrastructure such as parking garages are more likely to be found Downtown than in other land use districts. A combination of convenience commercial, civic uses and attractive walking paths promote interaction and multiple trips among shoppers, visitors and residents. New development in this district is encouraged to compliment the mix and contribute to activity over an extended day, and provide attractive, comfortable walking environments between varied uses. In 2006, the City completed a Retail, Office & Residential Market Analysis. The study concluded that that although there is no open land for development, there is potential for infill and redevelopment of areas within downtown. To meet the demands of the growing community staff is proposing to rezone properties located west of Market Boulevard from General Business and Planned Unit Development to Central Business District. There are sites within the downtown area that have the potential for further development, however, due to zoning code restrictions (setbacks, hard surface coverage, etc), they are not able to be developed to their full potential. Allowing the zoning to be changed to CBD will alleviate many of these restrictions. The sites that are currently zoned PUD have specific ordinances that govern them, however, there are instances when the PUD is silent on certain requirements such as parking, sign design standards, etc. In such instances, the City Code governs the site. There are PUDs that reference the General Business District as an underlying district. Staff is proposing to eliminate the BG District and amend the PUDs that reference that zoning district from BG to CBD with the exception of a parcel owned by the City that functions as a storm pond. CBD & BG Comination LL \ - IS& BG 1 W Isth st PUD 10P CC'% WXBtnst - �6 BH BH CITY OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Bulling hopections 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, 952227.1404 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.ehanhassen.mn.us 0 • -16L MEMORANDUM TO: Todd Gerhard, City Manager FROM: Sharmeen Al-Jaff, Senior Planner DATE: February 8, 2010 (G` SUBJ: Amend Planned Unit Developments located in downtown Chanhassen: • Chanhassen Retail Center (PUD 92-5) • Market Square (PUD 89-2) • West One (PUD 93-1) PROPOSED MOTION: The City Council approves the following motions: 1. "The City Council approves the Planned Unit Development amendment for Chanhassen Retail Center, amending sections a, c, d, and Lighting as stated in the attached ordinance; and adopts the Findings of Fact." 2. "The City Council approves the Planned Unit Development amendment for Market Square, amending section 3 as stated in the attached ordinance; and adopts the Findings of Fact." "The City Council approves the Planned Unit Development amendment for West One, amending section 6. Zoning as stated in the attached ordinance: and adopts the Findings of Fact." EXECUTIVE SUMMARY In 2006, the City completed a Retail, Office & Residential Market Analysis. The study concluded that although there is no open land for development, there is potential for infill and redevelopment of areas within downtown. To meet the demands of the growing community, staff is proposing to amend the Planned Unit Developments located within downtown to incorporate the standards of the Central Business District (CBD). They include Market Square, West One and Chanhassen Retail Addition. PLANNING COMMISSION ACTION On January 19, 2010, the Planning Commission reviewed and voted unanimously (6-0) to recommend approval of the ordinance amendments. The Planning Commission minutes are Item I of the City Council packet. Cha dmm is a Cammwily for life - Providing to Today and Planning to Tomorrow Todd Gerhardt, City Mana• February 8, 2010 Page 2 of 2 The Chanhassen City Council approves the adoption of the ordinances amending the following Planned Unit Developments: Chanhassen Retail Center, Market Square and West One. ATTACHMENT 1. Staff report dated January 19, 2010 gAplan\2010 planning cases\10-03 pud amendments\cc downtown amendments.doc MY OF CEANAASSEN 7700 Market Boulevard PC Boz 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 8 Remafion Phone: 952.227.1120 Fax: 952.227.1110 Remation Center 2310 Ccufter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 N& Yorks 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Carrier Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 0 3 MEMORANDUM TO: Planning Commission FROM: Sharmeen Al-Jaff, Senior Planner DATE: January 19, 2010 dw SUBJ: Request to amend the following Planned Unit Developments located in downtown Chanhassen: Chanhassen Retail Center, Market Square and West One Applicant: City of Chanhassen Planning Case 10-03 PROPOSED MOTION: The Chanhassen Planning Commission recommends that the City Council approve the following motions: 1. "The Planning Commission recommends the City Council approve the Planned Unit Development amendment for Chanhassen Retail Center, amending sections a, c, d, and Lighting as stated in the attached ordinance; and adopts the Findings of Fact." 2. "The Planning Commission recommends the City Council approve the Planned Unit Development amendment for Market Square, amending section 3 as stated in the attached ordinance; and adopts the Findings of Fact." 3. "Me Planning Commission recommends the City Council approve the Planned Unit Development amendment for West One, amending section 6. Zoning as stated in the attached ordinance; and adopts the Findings of Fact." PROPOSAL SUMMARY On December 1, 2009, staff presented an issue paper to the Planning Commission explaining the need to amend various ordinances governing Planned Unit Developments (PUD) within the City (attachment 1). There are a total of fifteen such PUDs. The first group of PUD's that is being presented is located within the downtown area, east of Powers Boulevard, south of West 78 1h Street, north of Highway 5 and west of Market Boulevard. They include the following: • Market Square • West One • Chanhassen Retail Addition Chanhassen is a CAmrmmity for Life - Providing for Today and Planning for Tomorrow SCANNED 0 Downtown Planned Unit Development Amendments Planning Case 10-03 January 19, 2010 Page 2 of 7 0 The downtown area actually encompasses all the land between Great Plains Boulevard and Powers Boulevard. However, only that land east of Market Boulevard is currently zoned Central Business District, CBD. The CBD district includes business, commercial, office and residential uses that provide a comprehensive range of services at higher development densities and with greater variety of uses in a compact, walkable environment. The Central Business District has the greatest concentration of jobs, services, housing and civic uses found in the City. Generally, the City's highest density development is found in the Central Business District area. Other development -supportive infrastructure such as parking garages is more likely to be found Downtown than in other land use districts. A combination of convenience commercial, civic uses and attractive walking paths promote interaction and multiple trips among shoppers, visitors and residents. New development in this district is encouraged to complement the mix and contribute to activity over an extended day, and provide attractive, comfortable walking environments between varied uses. In 2006, the City completed a Retail, Office & Residential Market Analysis. The study concluded that although there is no open land for development, there is potential for infill and redevelopment of areas within downtown. To meet the demands of the growing community, staff is proposing to rezone properties located west of Market Boulevard from General Business to Central Business District and amend the Planned Unit Developments to incorporate the standards of the CBD. Downtown Planned Unit 1welopment Amendments • Planning Case 10-03 January 19, 2010 Page 3 of 7 There are sites within the downtown area that have the potential for further development, however, due to zoning code restrictions (setbacks, hard surface coverage, etc), they are not able to be developed to their full potential. Allowing the zoning to be changed to CBD will alleviate many of these restrictions. The sites that are currently zoned PUD have specific ordinances that govern them, however, there are instances when the PUD is silent on certain requirements such as parking, sign design standards, etc. In such instances, the City Code governs the site. There are PUDs that reference the General Business District as an underlying district. Staff is proposing to amend the PUDs that reference the BG zoning district that is being rezoned to CBD with the exception of parcels owned by the City that function as storm ponds, which will be rezoned to Agricultural Estate District to emphasize their open space characteristics. The PUDs within this area include the following: Market Square is guided commercial and references General Business District as an underlying district. All buildings are required to meet the following setbacks: Front = 25 feet, Rear = 25 feet, Side = 10 feet. The district also permits a maximum hard surface coverage of 70%. Staff is recommending that the Planned Unit Development Agreement be amended to reference the Central Business District by amending Section 3 of the Planned Unit Development Agreement to read as follows: Zoning. The plat is being rezoned to Planned Unit Development. Except as specifically modified herein, the uses, requirements, and standards of the "9' `^fiffa' Business 1,:�"CBD" Central Business District, as may be amended, shall apply to the subject property. Chanhassen Retail Addition is guided commercial. The ordinance governing this development references the uses within the Central Business District; however, buildings are required to maintain a 50 -foot setback from any public right-of-way and 20 feet for parking along right -of way. It also allows a maximum hard surface coverage of 70% and green space of 30%. This agreement caps the height of the buildings to 40 feet. On an unrelated item, this development requires High -Pressure Sodium lights only. Staff is recommending allowing LED in this development consistent with the amended City Codes. Staff is recommending that the Planned Unit Development Ordinance be amended to read as follows: a. Intent The purpose of the zone is to create a PUD commerciaUrrtail 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 lot proposed for development shall proceed through site plan review based on the development standards outlined below. The Central Business District regulations shall apply except as modified by this ordinance. Downtown Planned Unit D• lopment Amendments Planning Case 10-03 January 19, 2010 Page 4 of 7 C. Setbacks Per City Code. In the PUP standards, the se bund:.., t�.aek for ,. ...t is en a .. et a.e.a ..ublie b e right .,uJ, b b ..�g t.:n..long right of .. shall be set baek 20 fee. ht va of . d. Development Standards Tabulation Box USE I Lot Area Bldg sq Ft. Parking Landscape I Coverage I Height Permitted Use 20,000 I sq. ft. NA Per code 30-% 79-% 1 40 feet . ' ©� d. Development Standards Tabulation Box USE I Lot Area Bldg sq Ft. Parking Landscape I Coverage I Height Permitted Use 20,000 I sq. ft. NA Per code 30-% 79-% 1 40 feet Lighting 1. All light fixtures shall be shielded high pressure sodium fixtures or LED. Light level for site lighting shall be no more than 1/2 candle at the property line. This does not apply to street lighting. 2. Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. 3. Lights shall be on a photoelectric cell to turn them on and off automatically as activated by yearly conditions. 4. Light poles shall use shoe box light standards. West One is guided industrial and references General Business as an underlying district. The ordinances governing this development permit light manufacturing, offices and retail uses. It is intended to be operated and maintained to preserve its low intensity character to ensure its compatibility with the surrounding uses and the greater Chanhassen Central Business District. The buildings must meet the following setbacks: Front = 25 feet, Rear = 25 feet, Side = 10 feet. Downtown Planned Unit Development Amendments Planning Case 10-03 January 19, 2010 Page 5 of 7 Staff is recommending that the Planned Unit Development Ordinance be amended to read as follows: 6. BG CBD ZONING. Except as specifically provided herein, the subject property is subject to the requirements of the CBD, Central Business District, zoning district as may be amended. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motions and adoption of the attached Findings of Fact: 1. Chanhassen Retail Center "The Planning Commission recommends the City Council approve the Planned Unit Development amendment for Chanhassen Retail Center, Planning Case #10-03, amending sections a, c, d, and Lighting to read as follows: a. Intent The purpose of the zone is to create a PUD commercial/retail 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 lot proposed for development shall proceed through site plan review based on the development standards outlined below. The Central Business District regulations shall apply except as modified by this ordinance. C. Setbacks Per City Code. Downtown Planned Unit Dovelopment Amendments Planning Case 10-03 January 19, 2010 Page 6 of 7 d. Development Standards Tabulation Box USE Lot Area Bldg sq Ft. Parking Landscape I Coverage I Height Permitted Use 20,000 NA Per code 30-% 70-% 1 40 feet Lighting All light fixtures shall be shielded high pressure sodium fixtures or LED. Light level for site lighting shall be no more than 1/2 candle at the property line. This does not apply to street lighting. 2. Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. 3. Lights shall be on a photoelectric cell to turn them on and off automatically as activated by yearly conditions. 4. Light poles shall use shoe box light standards." 2. Market Square "The Planning Commission recommends the City Council approve the Planned Unit Development amendment for Market Square, Planning Case #10-03, amending section 3 to read as follows: 3. Zoning. The plat is being rezoned to Planned Unit Development. Except as specifically modified herein, the uses, requirements, and standards of the! , 'CBD"_Central Business District, as may be amended, shall apply to the subject property." 3. West One "The Planning Commission recommends the City Council approve the Planned Unit Development amendment for West One, Planning Case #10-03, amending section 6 to read as follows: 6. BG CBD ZONING. Except as specifically provided herein, the subject property is subject to the requirements of the CBD, Central Business District, zoning district as may be amended." Downtown Planned Unit D• lopment Amendments Planning Case 10-03 January 19, 2010 Page 7 of 7 ATTACHMENTS 1. Issue Paper dated December 1, 2009 addressing PUD amendments. 2. Market Square PUD Agreement. 3. West One PUD Agreement. 4. Chanhassen Retail Addition PUD Agreement. 5. Ordinance Amending Market Square PUD Agreement and Findings of Fact. 6. Ordinance Amending West One PUD Agreement and Findings of Fact. 7. Ordinance Amending Chanhassen Retail Addition PUD Agreement and Findings of Fact. 8. Public Hearing Notice and Affidavit of Mailing. g1plan\2010 planning cases\10-03 amending downtown puds\downtown amendments.doc CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone 952 227.1160 Fax: 952.227.1170 Finance Phone 952 227.1140 Fax: 952.227 1110 Park 8 Recreation Phone: 952.227 1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Nab" Resamces Phone: 952227.1130 Fax: 952.227.1110 Plublic Ylorks 1591 Park Road Pine: 952.227.1300 Fax: 952.227.1310 Senior Carder Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 9 MEMORANDUM TO: Planning Commission FROM: Sharmeen Al-Jaff, Senior Planner DATE: December 1, 2009 k SUBJ: Planned Unit Developments BACKGROUND 0 11 In 2006, the City completed a Retail, Office & Residential Market Analysis. The study concluded that that there is a demand for additional commercial and office uses in the City. Staff began examining the various sites suitable for commercial and/or office development. Fifteen of these sites are zoned Planned Unit Development, PUD. ANALYSIS Each of these sites has specific ordinances that govern it; however, there are instances when the PUD is silent on certain requirements such as parking, sign design standards, etc. In such instances, the City Code must be referenced to govern these sites. Staff found a number of PUDs that do not reference the City Code. Chanhassen is a Community for We - Providing for Today and Planning for Tomorrow Planning Commission 0 • Planned Unit Developments December 1, 2009 Page 2 Also, as part of the expansion of downtown and to allow sites to develop to their full potential, staff is proposing to amend some PUDs within the downtown area to allow for more intensive uses. Some of the downtown PUDs reference the General Business District, BG, as an underlying district. Staff is proposing to eliminate this district. Instead, a new district, the Central Business District, CBD, will be referenced. The CBD zoning will address the issues raised by the retail market study as it allows more intense development/redevelopment. RECOMMENDATION The first group of PUD amendments that will appear before the Planning Commission on January 5, 2010 will be within the downtown area. Later on, we will move through other PUD districts per agenda availability. &Nplankity code)issue paper\pud a dm ts.doc CITY OF CAANMASSEN DEVELOPNDNT CONTRACT AND PLANNED UNIT DEVELOP"NT AGREEMENT (Developer Installed Improvements) SPECIAL PROVISIONS AGREEMENT dated fLkru CLl- , 1992, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and MARKET SQUARE ASSOCIATES LIMITED PARTNERSHIP, a Minnesota limited partnership, (the "Developer"). 1. Request for Approval. The Developer has asked the City to approve a plat and planned unit development for MARKET SQUARE (referred to in this contract as the "plat"). The land is legally described on the attached Exhibit "A". 2.- Conditions of Approval. The City hereby approves the plat and planned unit development on condition that the Developer enter into this Contract and furnish the security required by it. 3. Zoning. The plat is being rezoned to Planned Unit Development. Except as specifically modified herein, the uses, requirements, and standards of the "BG", General Business District, as may be amended, shall apply to the subject property. 1. Development Plana. The plat shall be developed in accordance with the plans described in this paragraph. With the exception of Plan A, the other plans listed in this paragraph will be prepared by Developer or its agents after the execution of this Contract. Prior to the commencement of any work in the plat, all plans 02/26/92 CARVERAUNTY ABSTRACT CO. 0. Box 106 �';hae�._ DAN 5531R �MPEELL, KNUTSON, SCOTTOFUCHS, P.R Feb 26,9 • ? No .001 P.03 covering that type of work shall be approved in writing by the City and by First Sank National Association or its assigns. Plan A --Plat prepared by Peters, Price 6 Sampson Land Surveyors, Ltd., approved by the Chanhassen City Council on July 23, 1990. Plan B --Grading, Drainage, and Erosion Control Plan Plan C --Plans and Specifications for Improvements Plan D --Site Plan Plan E--Landseaping Plan Plan F --Elevations Plan Plan G --Architectural Plan Plan H --Site Lighting Plan Plan I --Parking Plan Plan J --Sign Plan S. Developer Installed Improvements. The Developer shall install and pay for the following! A. Sanitary Bawer System B. Wator System C. Storm water Drainage. System D. Parking Lot E. Site Lighting F. Bituminous Trails and Concrete sidewalks G. Site Grading H. Underground Utilities (gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Backfilling and Grading Over 72" Storm Sewer -2- i° F a OF -39 PAG`�` iPRELL. KNUTSON, SCOTT• FUCHS. P.R Feb 26.9w:27 No -001 P.04 M. Engineering, surveying, and Inspection 6, City Installed Improvements. The City shall design and construct the following improvements as Improvement Projects eo-13 and 87-2: A. street Lighting along Market Boulevard, West 78th Street and Monterey Drive 8. Auxiliary Turn Lanes on West 78th Street C. Auxiliary Turn Lane on Market Boulevard D. Extension of the 72" Storm sewer The City shall assess the cost of the improvements together with the City's indirect costs such as capitalized interest, bonding, and engineering against the plat over a ten (1o) year period with interest on the unpaid balance at a rate established by the City., The assessment shall be deemed adopted on the date this Contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessment, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. S 429.081. 7. Time of Performance. The Developer shall install all required improvements by November 30, 1992. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cast increases and the extended completion date. S. Security. To guarantee compliance with the terms of this Contract and construction of the Developer installed improvements, the Developer shall furnish the City with an alternate security agreement -3- r GES ;PPEL(., KNUTSON, M T4 FUCHS, P.R Feb 26,9 *:27 N0.001 P.05 from a bank ("security") for $206,667.65. The bank issuing the security shall be subject to the approval of the City Manager. The amount of the security was calculated a5 110E of the following: Common Borrow, Backfilling and Grading for 721, Storm Sewer $ 22,500.00 sanitary sewer Watermain Site Lighting and signs Erosion Control Engineering, surveying, and Inspection Bituminous Trails and Concrete sidewalk and Related Striping Landscaping $ 9,450.00 $ 54,631.00 $ 11,500.00 $ 2,000.00 $ 17,096.50 $ 10,664.00 $ 60,000.00 TOTAL Cosr of PUBLIC INDR09EXENTS $168,061.50 This breakdown is for historical reference; it is not a restriction on the use of the security. The Developer shall provide the City with executed Copy(ies) of the construction contract(&) for the Developer installed improvements to verify the security amount is sufficient. The Developer shall increase the security amount to address any deficiency if so noted and requested by the City. The security shall be for a term ending December 31, 199I. Individual security instruments may be for shorter terms provided they are replaced at least thirty (30) days prior to their expiration. The City may draw down the security, without notice, for any violation of the terms of this Contract or if the security in allowed to lapse prior to the end of the required term. If the required Developer installed improvements are not completed at least thirty (3o) days prior to the expiration of the security, the City may -4- P. r C` F"' E �38_:aIF-0 4PBELL, KNUiSON, SCOT* FUCHS, P.R Feb 26, 9 -.28 Na.001 P.06 also draw it down. If the security is drawn down, the procoeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time. Ten percent (104) of the security, but not less than $20,000, shall be retained until all Developer installed improvements as defined herein have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have boon received by the City. No security has been required for Lot 1, Block 1, Market square for the City installed improvements listed in paragraph 5 of this Contract providing the City receives from the Developer, before the City signs the final plat, an executed "Deficiency Agreement" whereby the Developer guarantees to compensate the city and the Chanhassen Housing and Redevelopment Authority for all costs and special assessments associated with the installation of these improvements. Before the City signs the final plat, the Developer aball also escrow with the City a $10,000.00 cash escrow for use by the City, to reimburse southwest Metro Transit Authority for the expense of relocating the bus shelter from Market boulevard in accordance with the attached Escrow Agreement. 9. Notices. Required notices to the Developer shall be in writing, and shall be either nand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address; Market square Associates Limited Partnership, 200 west Highway 13, Burnsville, Minnesota 55337. Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or -5- r- 5 OF 3? r>fAG-31 ":j 1PBELL, KNUTSON, SCOTT• FUCHS, P.R Feb 26.927:28 No.001 P.07 mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (612) 937-1900. A copy of required notices shall also be sent to First Bank National A9sociation, First Bank Place East - 9FE, Minneapolis, Minnesota 55480, or to any assignees of First Bank National Association who have notified the City of such assignment, and to any other holder of a mortgage upon the property subject to this contract which has given written notice of its mortgage to the city. lo. other special Conditions. A. Revise proposed architectural plans as needed to: - outdoor storage areas are to be enclosed by a rock faced block wall: - the trash compactor is to be provided with a rock faced block screen wall and relocated to the north to proVide a 24' wide drive aisle; and - the addition of any drive -up windows will require site plan approval wherein it will be the Developer's responsibility to demonstrate that internal circu- lation patterns and parking provisions will not be impacted. , B. The proposed landscaping plan should be modified as follows: - increase the size of conifers along the south property line for 6' to 12'; - remove the snow storage area along Market Boulevard and landscape the space; and - Cooperate with city staff in providing a relocation plan for the existing landscaping along Market Boulevard and West 78th Street. C. Regulate access parking as follows: - provide a triangular traffic island in the West 78th street curb out; -6- . _Y�._G 38 PA' ` . l3 � iPBELL. KNUTSON, SCOT FUCHS, P.S Feb 26.907:29 No.001 P.08 a six foot wide concrete sidewalk shall be constructed by the Developer along the west side of Market Boulevard from West 78th street to the most southerly site access across from Bowling Alley Road; - pedestrian crosswalks shall be installed on Market BoUlevard at West 78th Street and at Bowling Alley Road. The crosswalks shall be painted and signed in accordance with the requirements of Minnesota Manual on Traffic Controls; eliminate the nine northern stalls located on the east side of the supermarket expansion and modify the parking area to provide_a turning space at the end of the aisle; all leases for the main building shall require that employee parking be located at the rear of the center; any restaurants proposed in the center are subject to a site plan review procedure. It will be the Developer's responsibility to demonstrate parking adequacy if it is to be approved. The restaurant spaces illustrated in the two northern tenant spaces in the main building are exempt from this requirement; and All parking lot curbing shall be B-612 concrete. D. Provide final grading and drainage plans for approval. The plans must incorporate the following: storm sewers shall be.sized for a ten year storm. Revised drainage calculations shall be submitted to the City Engineer for approvalr grading over the City's 72" storm sewer improvements; common borrow for use in backfilling the 72" storm sewer will be "on-site" material to be supplied by the Developer at no cost to the city at a site location to be agreed upon. The site location shall be proximate to the storm sewer installation so that trucking or hauling of the material will not be required by the public contractor; - final backfilling over the 72" pipe, grading and shaping around the storm structure, grading and shaping over the pipe and within the railroad ditch shall be the responsibility of the Developer. Pinal shaping of the railroad ditches shall provide for positive drainage and shall be approved by the City Engineer: ' 7- r, _ nF3$ Jaz :-. CRMPBELL, KNUTSON, SCOTTOFUCRS, P.R Feb 26.97:29 N0.00? P.09 work within the railroad right-of-way will require a Railroad Permit. The Developer shall be responsible for applying for and obtaining any and all permits and/or agreements from the appropriate railroad authority. All costs associated with the railroad approval shall be the responsibility of the Developer. Any delays in the project schedule resulting from delays in permit issuances shall not be the responsibility of the City; the city will proceed with the improvements upon receipt of all necessary approvals, receipt of all security instruments and amounts by the Developer, and. final approval and execution of the development contract by the city and the Developar; - the Developer shall provide at no cost to the City all necessary construction easements or right -of - entry permits to allow construction of the City contract to be completed; - the city will reasonably allow building permits to be issued with the understanding that the 72" storm sewer, together with the other public roadway and utility improvements, will be installed simultan- eously with the construction of the buildings providing no construction conflicts occur or inter- ruptions to the City's utility service; - the existing catch basin adjacent to Manhole/21 in Market Boulevard should be relocated into the new curb radius; - project approval by the Watershed District is required prior to building permit issuance; - an erosion control plan acceptable to the City should be submitted prior to requesting building permits; and - with the exception of the 72" storm sewer, all on- site storm drainage facilities shall be owned and maintained by the Developer, its successors and assigns. E. Provide final roadway and utility plans for approval. The existing 10" pVC sanitary sever shall be placed in an oversized ductile iron casing acceptable to the City. Existing watermains to be abandoned shall be rrmoved, but not until a new watermain loop is in service and approved by the City Engineer. The Developer shall submit detailed construction . plans and specifications for approval by the City Engineer and provide as -built mylar plans upon completion of construction. -8- ,MPBEL'L, KNUTSON, SCOT* FUCHS, P.A Feb 26,907:30 N0.001 P.10 F. The sign plan shall be submitted for approval in accordance with paragraph 4 of this Agreement. G. The site lighting plan shall be submitted for approval by the City. It shall incorporate existing and proposed boulevard/street lighting along Monterey Drive, West 78th Street, and Market Boulevard. As a part of the City's turn lane improvements along West 78th Street and Market Boulevard, the City shall relocate two existing Type 'B' decorative lights from the bowling alley entrance off Market Boulevard and nova to the proposed entrance to Market Square on West 78th Street. In addition, the City shall install four Type 'A' street lights at the following locations: southwest corner of the southerly entranoe to Market Square on Market Boulevard - southwest and northwest corner of the northerly entrance to Market Square on Market Boulevard northeast corner of the northerly entrance to Market Square on Monterey Drive. Costs associated with these lighting improvements shall be the responsibility of the Developer. H. All conditions must be completed as a part of the general construction of the project and shall not be left to tenants, i.e. rear outdoor storage areas, etc. I. The Developer shall construct and dedicate trails/sidewalks along West 78t1ft Street and Market Boulevard in accordance with plans and specifications to be approved by the City Engineer. The trails/sidewalks shall be constructed when street improvements are constructed. J. The Developer shall be responsible for adjustment of all existing and proposed utilities to final grade, i.e. sanitary manholes, catch basins, hydrants, end gate valves. K. Tne following section of the General Conditions (Exhibit °B") shall not apply in this development contract: Item No. 11 (Landscaping) Item No. 16 (Street Signs) L. Installation and type of erosion control shall be coordinated with the City improvements along Market Boulevard and the extension of the 72" storm sewer. Specific placement shall be determined by City staff in the field. M. If construction activities continue beyond freeze-up, special modifications to construction practices shall be incorporated as directed by the City Engineer, i.e. full depth -9- r.,,r,� 30 rrc PA:_, -} of _ �., CAMPBELL, KNUTSON, SCOT* FUCHS, P.R Feb 202 7=30 No.001 P.11 select granular material for trench backfill, etc., at no cost to the City. N. Outlot A shall not be developed until it is replatted. Any buildings on Lots 21 3, 4, and outlet A shall be designed with proper building materials so as to be architecturally compatible with the shopping center. No additional access shall be provided to serve Lots 2, 31 4 and Outlet A. Only one additional monument sign shall be allowed when Lot 4 is developed, and the sign must be identical to monument signage allowed elsewhere in the Planned Unit Development. Developer Shall establish suitable ground cover, and keep it well maintained, until Lots 2, 3, 4, and outlot A develop. Parking requirements for the development shall be satisfied within the boundaries of said Lots 2, 31 4, and Outlet A. 0. Except for the utility easement on the plat described as follows: That certain utility easement twenty feet in width which extends from the westerly boundary line of Lot 1, Block 1, Market square, to the easterly boundary 'line of said Lot 1, and the center line of said utility easement intersects said westerly boundary line of said Lot 1 at approximately the point of intersection of the center line of Picha Drive (as platted and dedicated in the plat of Burdick Park, Carver County, Minnesota) now vacated with the said westerly boundary line of said Lot 1, the final plat shall be amended to reflect the proposed utility easements as both drainage and utility oasements. p, All materials hauled oft site shall follow an approved haul route to be designated by the City. Q. The City's zoning ordinance site plan review require- ments shall apply to all new construction and to any material changes of approved buildings within the plat. 11. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. CITY OF CH NHASSEN BY: Donald J. 14.4ay or AND: „fir �� o, 39 City Manager -10- -RMPBEL'L, KNUTSON, SCOTT FUCHS, P.R STATE OF MINNESOTA i ( ss. COUNTY OF CARVER ) Feb 26,7:31 No.001 P.12 DEVELOPER: MARKET SQUARE ASSOCIATES LIMITED PARTNERSHIP BY: 78th Square general part By. cimv c[ty u. rsw u.auyl a general partner he foregoing instrument was acknowledged before me this 1 9 b Do ald J Chmiel Mayor and by Don a �6� day of �� 9 4, y n Ashworth, City anagar, Of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF NES TA ) ( ss. COUNTY 067 ) T e foregoing instrument was acknowledged before me this day of , 1992, by Timothy L. Menning a general partner of 78th Sq are Par ership as general partner of Market Square Associates Limited Partnership, a Minnesota limited partnership, on its behalf. '% MME E JENSEjz4 k No'rARr PUBUc • wnn�s4 NOTAR xr- RAMSEY COUNT 8ry GxmrXy¢, E;rn J:i7o � DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 317 Bagandale Office Center 1380 Corporate Center Curve Eagan, MinneEota 55121 (612) 452-5000 -11- PAGE -LLOF 39 CAMPBELL, KNUTSON, SCOTT FUCHS, P.A Feb 26.92 7:32 No.001 P.14 CONSENT BLOOMOERG COMPANIES INCORPORATED, a Minnesota corporation, fee owner of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and Consent to the provisions thereof and agree to be bound by the provisions as the. same may apply to that portion of the subject property owned by it. Dated this .2— day of , 19?2—. BJAOM�}BE�RG %COMPANIES (INCORPORATED By: HERBEB.T, N. HLOOMBERG 14 Its STATE OF MINNESOTA ) COUNTY OF �The foregoing instrument was acknowledged before meishay of b✓u , 199?--, by Herbert N. Bloomberg, the +' of Bloomber Companies Incorporated, a Minnesota corporation, on behalf of the corporation. � R. wA�sTON �y T^ N TARY PUBLIC DRAFTED BY: Campbell, Knutson, Scott b Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 r+_ C ^,^rF Id- OF PQ:�- • PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT dated this 28th day of June, 1993, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and WEST ONE PROPERTIES, a Minnesota general partnership ("Developer"). 1. REQUEST FOR APPROVAL. The Developer has asked the City to rezone the land encompassed in the WEST ONE ADDITION ("subject property") to planned unit development ("PUD"). 2. CITY APPROVAL. The City hereby grants PUD approval subject to the terms of this Agreement. 3. PURPOSE. The purpose of this zone is to create a PUD that will allow the •expansion of an existing office/light manufacturing use. It is intended that this use be operated and maintained to preserve its low intensity character to ensure its compatibility with surrounding uses and the greater Chanhassen Central Business District. 4. PERMITTED USES. Permitted uses are limited to the following: ♦ Light Manufacturing ♦ Retail ♦ Newspaper and Small Printing Offices ♦ Veterinary Clinic ♦ Animal Hospital ♦ Offices 5. STANDARDS. A. Light manufacturing is subject to the following limitations: ♦ no visible emissions of smoke ♦ no noise emissions exceeding the MPCA standards measured at the property line ♦ no outdoor, unscreened storage of materials, trash storage, shipping pallets except for recycling materials 11628 CMAN:WEST ONE ADD. 01/20/94 • ♦ no overnight parking of semi -trailers or inoperable vehicles ♦ all parking must be accommodated on-site in a concealed location behind the building. B. Retail uses are subject to the following limitations: ♦ signage consistent with approved sign package ♦ retail uses must be consistent with the site's restricted parking. 6. BG ZONING. Except as specifically provided herein, the subject property is subject to the requirements of the BG, General Business District, zoning district as may be amended. 7. EFFECT OF PLANNED UNIT DEVELOPMENT APPROVAL. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development, density, lot size, lot layout or dedications of the development unless required by state or federal law or agreed to in writing •by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 8. COMPLIANCE WITH LAWS AND REGULATIONS. The Developer represents to the City that the proposed development complies with all applicable City, County, Metropolitan, State, and Federal laws and regulations, including but not limited to planned unit development ordinance, subdivision ordinances, zoning ordinances, and environmental regulations. The Developer agrees to comply with such laws and regulations. 9. ENFORCEMENT. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorney's fees. • The Developer shall pay in full all bills submitted to it by the City within sixty (60) days after 11628 CHANMEST ONE ADD. 01!20/94 2 r 11 0eceipt. If the bills are not paid on time, the City may halt all development work until the bills are paid in full. Bills not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest charge. 10. MISCELLANEOUS. A. Breach of any material term of this Agreement by the Developer shall be grounds for denial of building permits. B. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Planned Unit Development Agreement is for any reason held invalid as a result of a challenge brought by the Developer, its agents or assigns, the City may, at its option, declare the entire Agreement null and void and approval of the final planned unit development shall thereby be revoked. • C. The action or inaction of any party shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall • be in writing, signed by the parties, and approved by written resolution of the City Council. Any party's failure to promptly take legal action to enforce this Agreement after expiration of time in which the work is to be completed shall not be a waiver or release. D. This Agreement shall run with the land and shall be recorded in the Carver County Recorder's office. interest. E. This Agreement shall be liberally construed to protect the public's F. This Agreement shall be binding upon the parties, their heirs, successors, or assigns, as the case may be. 11628 CNANMEST ONE ADD. 01120/94 3 L • G. The Developer represents to the City that the Planned Unit Development is not of "metropolitan significance" and that a state environmental impact statement is not required. However, if the City or another governmental entity or agency determines that a federal or state impact statement or any other review, permit, or approval is required, the Developer shall prepare or obtain it at its own expense. The Developer shall reimburse the City for all expenses, including staff time and reasonable attorney's fees, that the City incurs in assisting in preparation. Ll (SEAL) STATE OF MINNESOTA COUNTY OF CARVER CITY OF CHANHASSEN m M WEST ONE PROPERTIES Manager 7 Douglas M.ansen, general partner AND I lr_ 1i R bert 0. Ny n, general partner The foregoing instrument was acknowledged before me this /%-,A day of 1994, by Donald J. Chmiel and by Don Ashworth, the Mayor and City Manager co the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. • Wq 7J. ErwELHARDT NCTa( PU?UC—IMNNESGTA Ce RV FR COtNiY 16.:997 ( 11628 01/20/94 12 CHANMEST ONE ADD. STATE OF MINNESOTA 1 /� ( ss. COUNTY OF e4,,i ) The foregoing instrument was acknowledged before me this 27tA day of Leh 1994, by Douglas M. Hansen and by Robert 0. Nyen, general partners of West ne Prop ies, a Minnesota general partnership, on behalf of the partnership. DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 WNK:srn N TAR UB KAREN J. EicFLNARDT �y NOTARY PUBLIC -MINNESOTA I CARVER COUNTY ( � Nv rn rcen E,arei 0'.'T A 1997.4 y rrrwr.r Es... rs�r 11628 CHAN:WEST ONE ADD. 01,20/94 5 0 0 Approved 9/28/92 Chanhassen Retail Center DEVELOPMENT STANDARDS a. Intent The purpose of the zone is to create a PUD commercial/retail 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 lot proposed for development shall proceed through site plan review based on the development standards outlined below. b. Permitted Uses The permitted uses in this zone should be limited to appropriate commercial and service uses consistent with the City's CBD development goals. The uses shall be limited to those as defined herein. If there is a question as to the whether or not a use meets the definition, the City Council shall make that interpretation. 1. Day Care Center 2. Standard Restaurants 3. Health and recreation clubs 4. Retail 5. Financial Institutions, including drive-in service 6. Newspaper and small printing offices 7. Veterinary Clinic 8. Animal Hospital 9. Offices 10. Health Care Facility 11. Garden Center (completely enclosed) 12. Bars and Taverns 13. Fast Food Restaurants (Maximum of 2) • Drive-thru's should be buffered from all public views. 0 0 C. Setbacks In the PUD standards, the building setback for commercial is 50 feet from any public right-of-way, parking along right-of-ways shall be set back 20 feet. Street Building Parking Setback Setback West 78th Target 50 Feet 20 Feet Outlot B 50 Feet 20 Feet Richfield Bank 50 Feet 20 Feet Powers Boulevard 50 Feet 20 Feet Hwy. 5 Target 100 Feet 20 Feet Outlot B 50 Feet 20 Feet Kerber Boulevard Richfield Bank 25 Feet 20 Feet Picha Street Richfield Bank 25 Feet 20 Feet d. Development Standards Tabulation Box USE Lot Area Bldg sq Ft. Parking Landscape Coverage Height Permitted Use 20,000 sq. ft. NA Per code 30 % 70% 40 feet e. Building Materials and Design The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All mechanical equipment shall be screened with material compatible to the building. 1. All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels and not painted block. Painted surfaces shall be allowed on the Target Store only. 2. Brick may be used and must be approved to assure uniformity. 3. Block shall have a weathered face or be polished, fluted, or broken face. 4. Concrete may be poured in place, tilt -up or pre -cast, and shall be finished in stone, textured or coated. 5. Metal standing seam siding will not be approved except as support material to one of the above materials or curtain wall on office components. 6. All accessory structures shall be designed to be compatible with the primary structure. 0 0 7. All roof mounted equipment shall be screened by pitched roofs, except for the Target store shall have a parapet wall for screening. Wood screen fences are prohibited. Screening shall consist of compatible materials. 8. All outlots shall be designed with similar material and colors as Target. (Target will be the first store to build and they will establish or set the theme.) 10. All buildings on Outlot B shall have a pitched roof line. f. Site Landscaping and Screening In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened. Each lot for development shall submit a separate landscaping plan as part of the site plan review process. 1. All open spaces and non -parking lot surfaces (outlot) shall be landscaped, or covered with plantings and/or lawn material. 2. Outdoor storage is prohibited 3. The mater landscape plan for the Target PUD shall be the design guided for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. 4. Loading areas shall be screened from public right-of-ways. Wing wall may be required where deemed appropriate. 5. Outlot B shall be seeded and maintained in a weed free condition in all areas proposed for future development. g. Signage One freestanding pylon sign shall be permitted for Target. This site is limited to a monument sign. 1. Each property shall be allowed one monument sign located near the driveway into the private site. Monument signage shall be subject to the monument standards in the sign ordinance. 2. Wall signs are permitted on no more than 2 street frontages. The total of all wall mounted sign display areas shall not exceed fifteen (15) percent of the total area of the building wall upon which the signs are mounted. 0 0 3. All signs require a separate permit. 4. The signage will have consistency throughout the development and shall tie the building materials to be consistent with the signs. This includes the freestanding wall and monument signs. Signs shall be an architecture feature, they shall not be solely mounted on a pole of a foundation. 5. Consistency in signage shall relate to color, size, materials, and heights. 6. Temporary signs will be allowed in a manner consistent with the city sign code. Lighting _Applicant's Proposal. The applicants are proposing a decorative shoe box fixture, with a square ornamental pole. These would be in the parking lot and the street right-of-way. Finding. All light fixtures shall be shielded high pressure sodium fixtures. Light level for site lighting shall be no more than 1/2 candle at the property line. This does not apply to street lighting. 2. Glare, whether director reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. 3. Lights shall be on a photoelectric cell to turn them on and off automatically as activated by yearly conditions. 4. Light poles shall use shoe box light standards. GAPLANAA\Target Development.do M-- 0 0 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY AMENDING A PLANNED UNIT DEVELOPMENT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by amending the Market Square Planned Unit Development Special Provisions, Section 3. Zoning, to read as follows: SPECIAL PROVISIONS 3. Zoning. The plat is being rezoned to Planned Unit Development. Except as specifically modified herein, the uses, requirements, and standards of the "BG", Gene;:; -11 Business n''" iet, G°CBD" Central Business District, as may be amended, shall apply to the subject property. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this _ day of , 2010. ATTEST: Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 2010) &\plau\2010 planning cases\10-03 amending downtown puds\ narket square ordinance.doc 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of The City of Chanhassen to amend Market Square Planned Unit Development. On January 19, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for a Planned Unit Development Amendment. The Planning Commission conducted a public hearing on the proposed application 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 District. 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lots 14, Block 1, Market Square; and Lot 1, Block 1, Market Square 2°d Addition 4. The proposed amendment to the PUD is consistent with the guidelines outlined within the comprehensive plan. 5. The planning report #10-03, dated January 19, 2010, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the Market Square Planned Unit Development Amendment 2010-03. ADOPTED by the Chanhassen Planning Commission this Wh day of January, 2010. CHANHASSEN PLANNING COMMISSION WN Its Chairman CTTY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CTTY'S ZONING ORDINANCE, BY AMENDING A PLANNED UNIT DEVELOPMENT THE CTTY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by amending the West One Planned Unit Development Agreement, Section 6. Zoning, to read as follows: 6. BG CBD ZONING. Except as specifically provided herein, the subject property is subject to the requirements of the B! Genefat Business District CBD, Central Business District, zoning district as may be amended. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this _ day of , 2010. ATTEST: Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 2010) gAplan\2010 planning cases\10-03 amending downtown puds\west one mdinance.doc 1-1 Ll CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of The City of Chanhassen to amend West One Planned Unit Developments. On January 19, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for a Planned Unit Development Amendment. The Planning Commission conducted a public hearing on the proposed application 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 District. 2. The property is guided by the Land Use Plan for Industrial. 3. The legal description of the property is: Lot 1, Block 1, West One Addition 4. The proposed amendment to the PUD is consistent with the guidelines outlined within the comprehensive plan. 5. The planning report #10-03, dated January 19, 2010, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the West One Planned Unit Development Amendment 2010-03. ADOPTED by the Chanhassen Planning Commission this 19a' day of January, 2010. CHANHASSEN PLANNING BY: Its Chairman 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY AMENDING A PLANNED UNIT DEVELOPMENT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by amending the Chanhassen Retail Center Planned Unit Development Standards, Sections a. Intent, c. Setbacks, d. Development Standards Tabulation Box, and Lighting, to read as follows: a. Intent The purpose of the zone is to create a PUD commercial/retail 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 lot proposed for development shall proceed through site plan review based on the development standards outlined below. The Central Business District regulations shall apply except as modified by this ordinance. C. Setbacks Per City Code. 0 d. Development Standards Tabulation Box 0 USE Lot Area Bldg sq Ft. Parking Landscape I Coverage I Height Permitted Use 20,000 sq. ft. NA Per code 30-% 78-%e 1 40 feet Lighting 1. All light fixtures shall be shielded high pressure sodium fixtures or LED. Li ---ht level for site lighting shall be no more than 1/2 candle at the property line. This does not apply to street lighting. 2. Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. 3. Lights shall be on a photoelectric cell to tum them on and off automatically as activated by yearly conditions. 4. Light poles shall use shoe box light standards. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this _ day of , 2010. ATTEST: Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 2010) gAplan\2010 planning cases\I0-03 amending downto" puds\chanhassen retail center ordinance.doc 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of The City of Chanhassen to amend Chanhassen Retail Center Planned Unit Developments. On January 19, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for a Planned Unit Development Amendment. The Planning Commission conducted a public hearing on the proposed application 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 District. 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1 and Outlot A, Chanhassen Retail Addition; Oudot A Chanhassen Retail 2id Addition; Lots 1-3, Chanhassen Retail Td Addition; and Lots 1-2, Block 3, Burdick Park Addition. 4. The proposed amendment to the PUD is consistent with the guidelines outlined within the comprehensive plan. 5. The planning report #10-03, dated January 19, 2010, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Chanhassen Retail Center Planned Unit Development Amendment 2010-03. ADOPTED by the Chanhassen Planning Commission this 19`s day of January, 2010. CHANHASSEN PLANNING BY: Its Chairman 0 0 CITY OF CHANHASSEN AFFIDAVIT 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 December 31, 2009, 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 Downtown PUD Amendments (Market Square, West One, and Chanhassen Retail Center) — Planning Case 10-03 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. Subscribed and sworn to before me this day of ScJ,ru.ia rq , 2010. Notary P lic g KIM T. MEUWISSEN Notary Public -Minnesota My Ca rrjaai Expires Jan 31. 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 19, 2010 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Hall Council Chambers, 7700 Market Blvd. Request to amend Planned Unit Developments (PUDs) in Proposal: downtown Chanhassen (Market Square, Chanhassen Retail downtown Chanhassen (Market Square, Chanhassen Retail Center, and West One Applicant: City of Chanhassen Property Downtown Chanhassen Location: A location map Is on the reverse side of this notice. A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses 4. Public hearing is closed and the Commission discusses the project. the project. If you want to see the plans before the meeting, please visit If you want to see the plans before the meeting, please visit the City's projects web page at: the City's projects web page at: www.ci.chanhassen.mn.us/sery/plan/10-03.html. If you wish to www.ci.chanhassen.mn.us/serv/plan/10-03.html. If you wish to talk to someone about this project, please contact Sharmeen talk to someone about this project, please contact Sharmeen AI-Jaff by email at Jaff@ci.chanhassen.mn.us or by phone Questions & Questions & Comments: at 952-227.1134. If you choose to submit written comments, it is helpful to have one copy to the department in advance of is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on The staff report for this item will be available online on the project web site listed above the Thursday prior to the the project web site listed above the Thursday prior to the Planning Commission meeting. Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any interested party Is Invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaVindustdal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlreprewritative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 19, 2010 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request to amend Planned Unit Developments (PUDs) in Proposal: downtown Chanhassen (Market Square, Chanhassen Retail Center, and West One Applicant: City of Chanhassen Property Downtown Chanhassen Location: A location map is on the reverse side of this notice. 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: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 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. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/10-03.html. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff by email at saliaff@ci.chanhassen.mn.us or by phone Questions & at 952-227-1134. If you choose to submit written comments, it Comments: is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alter Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialfindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. BLOOMBERG COMPANIES INC PO BOX 730 CHANHASSEN, MN 55317-0730 CHANHASSEN LODGING LLC 366 SOUTH 10TH AVE PO BOX 727 WAITE PARK, MN 56387-0727 CHERYL ROUEN 971 SANTA VERA DR CHANHASSEN, MN 55317-9674 DOUGLAS M HANSEN 11969 NORTH SHORE DR SPICER, MN 56288-9575 ISTAR MINNESOTA LLC PO BOX 4900 SCOTTSDALE, AZ 85261-4900 KRAUS-ANDERSON INC 4210 WEST OLD SHAKOPEE RD BLOOMINGTON, MN 55437-2951 M&I MARSHALL & ILSLEY BANK 770 N WATER ST MILWAUKEE, WI 53202-3509 NATHAN M WAIT 961 SANTA VERA DR CHANHASSEN, MN 55317-9674 PATRICIA M NELSON-BOLLER 939 SANTA VERA DR CHANHASSEN, MN 55317-9368 CARVER COUNTY 600 4TH ST E CHASKA, MN 55318-2102 CHANHASSEN RETAIL LTD PRTSHP 810 LILAC DR N ROBBINSDALE, MN 55422-4673 CNL FUNDING 2000-A PO BOX 1671 ORLANDO, FL 32802-1671 ECKANKAR PO BOX 27300 GOLDEN VALLEY, MN 55427-0300 JOHN R & NANCY J GREEN 959 SANTA VERA DR CHANHASSEN, MN 55317-9674 LARRY A ZAMOR 170 BIRCH BLUFF RD EXCELSIOR, MN 55331-8512 MARKET SQUARE ASSOC LTD PTRSHP 1715 YANKEE DOODLE RD #200 EAGAN, MN 55121-1698 NEARCO IV LLC 7002 6TH ST N OAKDALE, MN 55128-6146 RICHARD W STEINER JR PO BOX 4203 WHITEFISH, MT 59937-4203 r CHANHASSEN LETSOS LLC PO BOX 901 DEERFIELD, IL 60015-0901 CHERYL LSTOCK 981 SANTA VERA DR CHANHASSEN, MN 55317-9674 DONALD E HALLA PO BOX 260888 PLANO, TX 75026-0888 IRET PROPERTIES 3015 16TH ST SW #100 PO BOX 1988 MINOT, NO 58702-1988 KATHLEEN M DOMAAS 973 SANTA VERA DR CHANHASSEN, MN 55317-9674 LUTHERAN CHURCH OF THE PO BOX 340 CHANHASSEN, MN 55317-0340 MARKET SQUARE ASSTS II LLC 470 78TH ST W #260 CHANHASSEN, MN 55317-4547 OAK HILL HOMEOWNERS ASSN PO BOX 812 CHANHASSEN, MN 55317-0812 RIDGEVIEW MEDICAL CENTER 500 MAPLE ST S WACONIA, MN 55387-1791 ROBERTS AUTOMATIC PRODUCTS STATE BANK OF CHANHASSEN TACO CHAN LLC INC 1550 AUDUBON RD 965 DECATUR AVE N 880 LAKE DR CHANHASSEN, MN 55317-9325 CHASKA, MN 55318-9508 GOLDEN VALLEY, MN 55427-4325 i TARGET CORPORATION T-0862 YOGEINDRA N OHNESWRE PO BOX 9456 983 SANTA VERA DR MINNEAPOLIS, MN 55440-9456 CHANHASSEN, MN 55317-9674 C� 1O -o CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION ml= Application of The City of Chanhassen to amend Chanhassen Retail Center Planned Unit Developments. On January 19, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for a Planned Unit Development Amendment. The Planning Commission conducted a public hearing on the proposed application 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 District. 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1 and Outlot A, Chanhassen Retail Addition; Outlot A Chanhassen Retail 2m Addition; Lots 1-3, Chanhassen Retail P Addition; and Lots 1-2, Block 3, Burdick Park Addition. 4. The proposed amendment to the PUD is consistent with the guidelines outlined within the comprehensive plan. 5. The planning report #10-03, dated January 19, 2010, prepared by Sharmeen AI-Jaff, eta], is incorporated herein. The Planning Commission recommends that the City Council approve the Chanhassen Retail Center Planned Unit Development Amendment 2010-03. ADOPTED by the Chanhassen Planning Commission this 19a' day of January, 2010. 'sit F41110 fX1.1 WE W W41100 I0 • I 1 • i Owsm / SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION II ' Application of The City of Chanhassen to amend Market Square Planned Unit Development. On January 19, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for a Planned Unit Development Amendment. The Planning Commission conducted a public hearing on the proposed application 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 District. 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lots 111, Block 1, Market Square; and Lot 1, Block 1, Market Square 2°a Addition 4. The proposed amendment to the PUD is consistent with the guidelines outlined within the comprehensive plan. 5. The planning report #10-03, dated January 19, 2010, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the Market Square Planned Unit Development Amendment 2010-03. ADOPTED by the Chanhassen Planning Commission this 19'h day of January, 2010. PLANNING PI I O rm �•!� SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of The City of Chanhassen to amend West One Planned Unit Developments. On January 19, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for a Planned Unit Development Amendment. The Planning Commission conducted a public hearing on the proposed application 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 District. 2. The property is guided by the Land Use Plan for Industrial. 3. The legal description of the property is: Lot 1, Block 1, West One Addition 4. The proposed amendment to the PUD is consistent with the guidelines outlined within the comprehensive plan. 5. The planning report #10-03, dated January 19, 2010, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the West One Planned Unit Development Amendment 2010-03. ADOPTED by the Chanhassen Planning Commission this 19'° day of January, 2010. CTsChairman EN PLANNING COMMISSION B to -Q � SCANNED Chanhassen Planning Commission — January 19, 2010 • PUBLIC HEARING: DOWNTOWN PUD AMENDMENTS: REOUEST TO AMEND THE FOLLOWING APPLICANT: CITY OF CHANHASSEN, PLANNING CASE 10-03. Public Present: Name Address Doug Hansen 11969 No. Shore Drive, Spicer, MN 56288 Bob Generous presented the staff report on this item. Larson: Dan. Keefe: I don't have any questions. Undestad: And again, it looks good. Laufenburger: Just for the record Bob can you confirm this does not create any non- conformance. Is that correct? Generous: This does not create any non-confornvng. Laufenburger: Alright. Larson: Nothing? Thomas: Nothing. Sorry. 10'03 Larson: Nothing from me either. Okay, so should we open the public hearing. Would anybody like to come up and speak? All the masses of people. Seeing nobody would like to come up. Would you? Okay. Doug Hansen: I'm Doug Hansen. I live in Spicer, Minnesota. We built that building in 1980 and we were all alone down there. There wasn't anything down that road except that building so, and we added to it in '94 and that's when it became a PUD. I had one question. You mentioned the car repair. I've got a Hispanic couple in that building that's repairing cars. Does that apply to me now? Generous: No. We're not rezoning the property to CBD. The uses are specified under the Planned Unit Development for this property. The reference to the CBD just relates to the setback and site coverage limitations so we wouldn't be changing that. What the ordinance says, except as modified below. You follow the CBD standards and so, and the PUD for that we talk about industrial uses. 14 SCANNED Chanhassen Planning Co •sion — January 19, 2010 • Doug Hansen: Okay. Aanenson: I was just going to say so the CBD kind of gives, is the platform. Then you modify that to whatever you want under that and as stated this is kind of, one of the older buildings in the downtown and I Sharmeen has talked to Steve quite a bit about the uses in there. Your son so again for the record that's not our intent to make it non -conforming. Just to create more flexibility in the future. Doug Hansen: I have no problem with that so thanks. Larson: Okay. Thank you Doug. Okay, with that I will close the public hearing. And if anybody has anything to talk about. Well then would somebody like to tackle the next motion. Kathleen? Thomas: Sure. I will make a motion the Chanhassen Planning Commission recommends that the City Council approve the following motions. The Planning Commission recommends the City Council approve the Planned Unit Development Amendment for Chanhassen Retail Center, amending Sections a, c, d, and Lighting as stated in the attached ordinance and adopts the Findings of Fact. Do you want to just read them? Larson: Keep, I think we can do them all in one, right? Thomas: Alright. The Planning Commission recommends the City Council approve the Planned Unit Development Amendment for Market Square amending Section 3 as stated in the attached ordinance and adopting the Findings of Fact. The Planning Commission recommends the City Council approve the Planned Unit Development amendment for West One amending Section 6, Zoning as stated in the attached ordinance and adopting the Findings of Fact. Larson: Do I have a second? Doll: Second. Thomas moved, Doll seconded that the Chanhassen Planning Commission recommends that the City Council approve the following motions: 1. The Planning Commission recommends the City Council approve the Planned Unit Development amendment for Chanhassen Retail Center, amending Sections a, c, d, and Lighting as stated in the attached ordinance; and adopts the Findings of Fact. 2. The Planning Commission recommends the City Council approve the Planned Unit Development amendment for Market Square, amending Section 3 as stated in the attached ordinance; and adopts the Findings of Fact. 15 Chanhassen Planning Commission — January 19, 2010 3. The Planning Commission recommends the City Council approve the Planned Unit Development amendment for West One, amending Section 6, Zoning as stated in the attached ordinance; and adopts the Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Laufenburger noted the verbatim and summary minutes of the Planning Commission meeting dated December 1, 2009 as presented. Laufenburger: It seems like it's been over a year since we met. Larson: Well thank you for noting those. I didn't even have to ask. I bet you were one of those kids that always sat in the front of the class. Laufenburger: That was me. For the record. Larson: For the record. And it is still on the record. Okay. COMMISSION PRESENTATIONS. Larson: Have we got any commission presentations? Thomas: I have a commission question. Did we ever find out about the Gleason Variance? Aanenson: It was tabled. Thomas: Like it was tabled and then has it been at all? Aanenson: It's scheduled again I believe for next Monday? Generous: But then they asked to be. Aanenson: The second one, yeah. It's... Thomas: I kind of figured but I thought I would just kind of check because I haven't seen anything. Aanenson: Yeah, it's the first one in February I believe. They sent a letter requesting continuation of that. Thomas: Okay. CITY COUNCIL UPDATE. 16 CITY OF CHANHASSEN ARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC BEARING PLANNING CASE NO. 10-03 NOTICE 1S NOTICE GIVEN that the Chanhassen Planning Commission will Ida public hearing on Tuesday, January 19, 2010, at 7:00 p.m. in the cil Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpoea of this hearing is to consider a request to amend the following PlannedUnit Developments located in downtown Chanhassen: Phowd unit t Londm Chacl a Retail Caret Lot 1, Block 1 and Oudot A, Clmrhacsen Retail Addison; Ou11ot A Chanha Rehil 2°d Addition; lob 1-3, CTaohnaen Retail 3'd Addition; and Las 1-2, Block 3, Burdick Park Addition Ma ket square Ids 14, Block 1, Market Square; and La 1 Blot 1 Market Squac Vd Addition westom Lot 1, Block 1, West One Addition Applicant: Cit* of Chanhassen. A plan showigg the location of the proposal is available for public iew on the City%web site at www.ei.chanhassen.mn.us/serv/plan/10- tml or at City Hall during regular business hours. All interested was are invitedto attend this public hearing and express their opinions i respect to this proposal. Sharmeen A1Jaff, Senior Planner Email: saljaff@ci.chanhassen.mn.us Phone: 952-227-1139 blished in the Chanhassen Villager on Thursday, January 7,2010; No. 0 )6-03 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.L/3oq was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged m being the kind and size of type used in the composition and publication of the Notice: abcdefghijkhnnopgrstuvwxyz By.. �- Laurie A. Hartmann Subscribed and sworn before me on this day of 2010 JYMME J. BARK r NOTARY PUBUC - MINNESOTA N Public My Commission Expires 01/31/2013 tea. RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... S 12.59 per column inch SCANNED 0 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 10-03 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on TuesdayJanuary 19, 2010, at 7:00 p -m. in the Council Chambers in Chanhassen City Hall, 77 Market Blvd. The purpose of this hearing is to consider a request to amend the following Planned Unit Developments located in downtown t:hanhaem�• Planned Unit avmt Loc dm Chanhassen Retail Curter Lo 1, Block 1 = oolot A, Chanhasscm Retail Addition; Oudot A Chanhassen Retail 2p' Addition; LM 1-3, Chwhassen Retail 3ie Addition; and Los 1-2 Block 3, Burdick Pak Additim Maks Squme Lots 14, Block 1, Maker Squae; and Lot 1 Block 1 Madkd Squ Z' Addition VV est One Lot 1 Bkrk 1 west Ove Addition nppucant: City of Chanhassen. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/serv/plan/10- 03.htm1 or at City Hall during regular business hours. All interested persons aminvited toattend this public hearinganlexpresstheiropinions with respect to this proposal. Sharmeen Al-Jaff, Senior Planner Email: saljatf@ci.chanhassen.mn.us 134 bushed in the Chanhassen V' Phone: 953-220; No. 4304) illager on Thursday, January 7, 2010; No. U 1,MA:)i Panic and, final] ting to the actio some job -seeker others. It is get out of yot reryone know th ling foi• work," t .r support rinitely plays a rol We Job Transitio oup. A Wooddal a devotional at 0 1 Monday sessf Ission ends groupsj1d e; nteers praye nd w ime," rthe • CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 10-03 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 19, 2010, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request to amend the following Planned Unit Developments located in downtown Chanhassen: Planned Unit Development Location Chanhassen Retail Center Lot 1, Block 1 and Outlot A, Chanhassen Retail Addition; Outlot A Chanhassen Retail 2°d Addition; Lots 1-3, Chanhassen Retail 3`d Addition; and Lots 1-2, Block 3, Burdick Park Addition Market Square Lots 1-4, Block 1, Market Square; and Lot 1, Block 1, Market Square 2nd Addition West One Lot 1, Block 1, West One Addition Applicant: City of Chanhassen. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/sere/olan/10-03.htm1 or 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 Al-Jaff, Senior Planner Email: saliaff@ci.chanhassen.mn.us Phone: 952-227-1134 (Publish in the Chanhassen Villager on January 7, 2010) SCANNED This mep is nether a legally recorded map nor a survey and is not intended to be used as one. This map's a compilation of records, information and data located in vadws city, county. state and federal ofAces and other swrces regarpng the area shown, and is to be used for reference purposes only. The City does not warrant that Me Geographic Information System (GIS) Gare used to prepare this map are error free, and the City does not represent Mat the GIS Data can be used for navigational, backing or any other purpose requiring exacting measurement at distance Or direction or precision in the depiction of geographic features. H eras or discrepancies are found please correct 952-227-1107. The preceding disc aimer m provided pursuant to Minnesota Statutes §066.03. Subd. 21 (2000), and the user 0( Me map acl noMedges Mat the City shall no be liable for any damges.aand expressly waives all clams, aM agrees to defend iWemnify, and hod harmless Me City from any and all claimbrought by User, its employees o, agents, o, Mind parties xhi ,a�5 ayq1 dqp1�yys�Yyya ar use of data prohded. Y.�'„i,[,.C2i1. CITY OF CIIANIIASSEN 049JB2036654 $W.440 12/31/2009 Mailed From 55317 US POSTAGE NIXIE SS3 9E 1 06 01/04/10 RETURN TO SENDER NOT DELSVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 45317014747 *0970-10313-31-41 111 11)) 11,11311111111 )111 111111111111 IllI)jII))JlI)1II 111/111111 LIVING C IST LUTHERAN CHURCH PO BO 40 v JSSEN, MN 55317-0340 CHAN A53 J I l i l i 11 l 1111 Jill I1 I I 1111111 II 11 Ili rl i rl Ili, r„I„Ili r r l l l r III SCANNED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 19, 2010 at 7:00 P.M. This hearing may not start until later in the evening,depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request to amend Planned Unit Developments (PVDs) in Proposal: downtown Chanhassen (Market Square, Chanhassen Retail Center, and West One Applicant: City of Chanhassen Property Downtown Chanhassen Location: A location map Is on the reverse side of this notice. 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 What Happens public hearing through the following steps: at the Meeting: 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 Droiact. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sere/clan/10-03.html. If you wish to talk to someone about this project, please contact Sharmeen Questions & AI-Jaff by email at saliaff@ci.chanhassen.mn.us or by phone Comments: at 952-227-1134. 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. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Altera Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Stan prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council, The City Council may reverse, aflmn or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialAndustrial. • Minnesota State Statute 519,99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included In the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Location Map City of Chanhassen Downtown PUD Amendments Planning Case 10-03 Planned Unit Developments Market Square _ Chanhassen Retail Center West One PUD View Y Lake SCANNED - Chanhassen City Council February 8, 2010 IU a� -Planning Commission Verbatim and Summary Minutes dated January 19, 2010 b. Hill Street Drainage Project: Award Construction Contract. C. Approval of Temporary On -Sale Liquor License, Gym Jam Event, Apri1 10, St. Hubert Catholic Community, 8201 Main Street d. Approval of Amendment to Chapter 20 of City Code Amending the Chanhassen Retail Center, Market Square, and West One Planned Unit Developments. Resolution #2010-10: Call for Public Hearing on a Proposed Modification to the Redevelopment Plan for the Chanhassen Redevelopment Project Area and the Proposed Establishment of Tax Increment District #10. h. 2010 Pond Cleanout, SWMPl8D: Award Contract. 2010 Legislative Priorities. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: EXPRESS APPRECIATION FOR CITY'S HELP WITH TOUR DE TONKA, TIM LITFIN, MINNETONKA COMMUNITY EDUCATION SERVICES. Mayor Furlong: At this time I would ask if any members of the public would like to come forward and address the council this evening. Okay, very good. Tonight we do have a visitor with us, Tim Litfin with the Minnetonka Community Education Services is here to talk about the Tour de Tonka. Good evening Mr. Litfin. Good to see you again. Tim Utfin: Thank you Mr. Mayor and council members. City Manager. I appreciate the, you allowing me here tonight and this is a good news presentation. I'm here to present you with a recognition and a plaque for allowing Tour de Tonka to stroll through your streets every year in August. This year it's going to be August 7`" but I've got just a couple of stats before I come forth with your big award. Last year we had 2,137 riders and all of them came through Chanhassen. 615 of them rode through southern Chanhassen if you will and the bulk of everyone then rode through the northern streets of Chanhassen. So 4 years running and we've had over 6,000 riders come through Chanhassen and very safely as well. Carver County Sheriff's Department, Todd, Todd and everyone else here in the city has been very helpful and I appreciate that very much so therefore on behalf of the Community Education Department in Minnetonka and Minnetonka Public Schools and the ICA Food Shelf which in part benefits from this event as well, I'd like to present you, the City with a plaque. Thank you Tom. I appreciate it very much. Todd, thank you for everything you've done for us. Todd, thank you. Very good. Mayor Furlong: Thank you very much. We do enjoy Mr. Litfin the good relationship that our city has with Minnetonka School District Continuing Education for Minnetonka as well as Eastern Carver County and their continuing education program as well so we're fortunate in this 2 {CANNED This map is neither a !egally recorded map nor a survey and is not intended to be used as are.' map is a compilation of records. Information and data located in vanous city, county. stale am fed offices am other sources regarding me area shown, and is to be used for reference purposes c The City does not wartant that the Geographic Information System (GIS) Data used to prepare map are error free, am the Gy does not represent that the GIS Data can be used for navigabc tracking or any Omer purpose requiring macting measurement of distance or direction or predaic Me depiction of geographic features. If errors or discrepancies are found pease contact 952-227-1 The preceding disclaimer is provided pursuant to Mrnesota Statutes §466.03, Subd. 21 (2000), One user of this map acknov4edges that the Diy shall not be liable for any damages, and eVre waives all claims, and agrees to defend, indemnify, and hold In �nyyyyivr+�� all da brought by User. its employees a agents, a Mind pBm Sv;4i� p tisM p�€5s a us data pro,ded. Y ' t CITY OF CHANHASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen.mn.us NIXIE 553 ea 1 06 04/10/10 RETURN TO SENDER ATTEMPTED — NOT KNOWN UNAMLE 70 FORWARD GC: 55317014747 *0570-06165-09-40 IIIIIIIIIIIIIIIIIIIIIIIIIII111111IIIIIIIIIIIIIIIIII111'IIIIII 049JB2036654 ;o $ 00.440 a 04/06/2010 Mailed From 55317 US POSTAGE 06 04/10/10 RETURN TO SENDER ATTEMPTED — NOT KNOWN UNAMLE 70 FORWARD GC: 55317014747 *0570-06165-09-40 IIIIIIIIIIIIIIIIIIIIIIIIIII111111IIIIIIIIIIIIIIIIII111'IIIIII Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, April 20, 2010 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request to amend the following Planned Unit Developments: Eckankar & Villa es on the Ponds Applicant: City of Chanhassen Eckankar: 172.35 acres in Tract B, Registered Land Survey 88 Property Villages on the Ponds: All lots and outlets in Villages on the Location: Ponds let through 911h Additions A location map Is on the reverse aide of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input•}rom the neighborhood about this proj9l During the meeting, ttg Chair will lead the What Happens public hearing thrbugh the following stepffl at the Meeting: 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. _ If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sere/plan/10-03.html. If you wish to talk to someone about this project, please contact Sharmeen Questions & AI-Jaff by email at saljaff@ci.chanhassen.mn.us or by phone Comments: at 952-227-1134. 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. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings. Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request, At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota Slate Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. This map is neither a legally recorded map ner a survey and is not intended to be used as ons. TI Mast, is a compilation of records, information and data located in variws city, county, state and fetle offices; and other sources regarding the area shorn, and is to be used for reference purposes on The Qty does not warrant that the Geographic Information System (GIS) Data used to prepare If map are error free, and the Grp does not represent that Ne GIS Data Can be used for naNgalion backing or any other purpose requiring exacting measurement of distance or direction or precision the depiction of geographic features. If errors m discrepancies are fowrd please contact 952-227-11C The preceding disclaimer is pro ded pursuant to Mnnesota Stables §4 .03, Subd. 21 (2000), at the user of this map aclmo edges that the Qty shall not be liable for any damages. and express waivesall User. its agrees todefend, gent , or third and hold farmysEt6g.�iyy( pppypeQ all lain Drought by User, its employees or agents, or third p =:.-�' data provtded._ ICITY OF CHANIIASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen.mn.us 049J82036654 C. $ 00.440 m 04r0812010 C Mailed From 55317 US POSTAGE NIXIE SS3 9E 1 06 04/10/10 RETURN TO SENDER ATTEMPTED — NOT KNOWN UNABLE TO FORWARD BC: 55317014747 X0576-05664-00-40 II II II III IIIIIII II IIIIIIIII III IIIIIII II IIII IIIII IIIIIIIIIIIlII Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, April 20, 2010 at 7:00 P.M. This hearing may not start until later in the evening. depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request to amend the following Planned Unit Developments: • Arboretum Business Park Proposal: • Bluff Creek Corporate Center • Chanhassen Business Center • Chanhassen West Business Park Applicant: City of Chanhassen Property Location: See location map on the reverse side of this notice. The purpb 8 of this public hearing is to Arm you about the 19pp��licant's request and to obtain input from the neighborhood ut this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 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. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sere/plan/10-03.html. If you wish to talk to someone about this project, please contact Sharmeen Questions & AI-Jaff by email at saliaff@ci.chanhassen.mn.us or by phone Comments: at 952-227-1134. 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. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerclallndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard, Some applications due to their complexity may take several months to complete. Any person wishing to follow an item thrqq��gh the process should check with the Planning Department regarding its status and scheduling for the City CCuncil meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested persons). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification.