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CAS-17_CHANHASSEN SPECIALTY RETAIL (TOTAL WINE) DOCUMENTS FILE 2 OF 2October 4, 2019 0 0 CITY OF CHANHASSEN Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Tradition Capital Bank 7601 France Avenue S. Suite 140 Edina, MN 55435 Re: Letter of Credit No. 1090 Chanhassen Speci ty Retail (Total Wine) Site Plan Planning Case File No. 2015-17 Enclosed please find the above -referenced original letter of credit for your files. This letter is no longer needed and can be cancelled. If you have any questions, please contact me at 952-227- 1134. Sincerely, CITY OF CHANHASSEN �— Sharmeen Al-Jaff Senior Planner SAJ:jms Enclosures c: Kate Aanenson, Community Development Director gAplan\2015 planning cases\2015-17 chanhassen specialty retail -total aine\lc release leuer.docx SCANNED PH 952.227.1100 • www.ci.chanhassen.mmus • FX 952.227.1110 7700 MARKET BOULEVARD PO BOX 147 CHANHASSEN - MINNESOTA 55317 • TRADITION PITAL BANK IRREVOCABLE LETTER OF CREDIT TO: City of Chanhassen 7700 Market Boulevard. Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: No. 1090 Date: September 8, 2015 We hereby issue, for the account of Pond Promenade Ventures. LLC and in your favor, our Irrevocable Letter of Credit in the amount of $40,000, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause. "Drawn under Letter of Credit No. 1090, dated September 8. 2015. of Tradition Capital Bank. b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at 7601 France Ave S. Suite 140, Edina, MN 55435, on or before 4:00 p.m. on November 30. 2016. d) Be presented with an executed statement by the Mayor or City Manager of the City of Chanhassen, certifying that Pond Promenade Ventures, LLC has defaulted under the City of Chanhassen Site Plan Agreement 92015-17 or Chanhassen Specialty Retail Special Provisions dated July 27, 2015. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- frve (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager. Chanhassen City Hall. 7700 Market Boulevard. P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document. instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. (" Its S Vio SCANNED 0 • CITY OF CHANHASSEN SITE PLAN AGREEMENT #2015-17 CHANHASSEN SPECIALTY RETAIL SPECIAL PROVISIONS AGREEMENT dated July 27, 2015, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Pond Promenade Ventures, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for Chanhassen Specialty Retail, a 19,909 square -foot, one-story commercial building (reffrred to in this Agreement as the "project"). The land is legally described as Lot 1, Block 1, Villages on the Ponds 11`aAddition. 2. Conditions of Site Pian Approval The City hereby approves the site plan on condition that the Developer enters into this Agreement and famishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract If the plans vary from the written terms of this Agreement, the written terns shall control. The plans are: Plan A: Site Plan prepared by Sambatek, dated 06/01/15 revised 06/05/15 and 06/18/15. Pian B: Grading Plan prepared by Sambatek, dated 06/01/15 revised 06/05/15 and 06/18/15. Plan C: Landscape Plan prepared by Tusbie Montgomery Architects, dated 06/05/15 revised 06/18/15. Plan D: Utility Plans prepared by Sambatek, dated 06/01/15 revised 06/05/15 and 06/18/15. Plan E: Erosion Control Plan — Phase I, prepared by Sambatek, dated 06/01/15 revised 06/05/15 and 06/18/15. Plan F: Erosion Control Plan — Phase Il, prepared by Sambatek, dated 06/01/15 revised 06/05/15 and 06/18/15. Plan G: Floor Plan prepared by Tushie Montgomery Architects, dated 06/05/15 and 06/18/15. Plan H: Site Lighting Plan prepared by Tushie Montgomery Architects, dated 06/05/15 and 06/18/15. Plan L• Roof Plan prepared by Tushie Montgomery Architects, dated 06/05/15 and 06/18/15. Plan J: Exterior Elevation Plan prepared by Tusbie Montgomery Architects, dated 06/05/15 and 06/18/15. 0 • 4. Time of Performance. The Developer shall install all required screening and landscaping by October 1, 2016. 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 cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Agreement, the Developer shall famish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $40,000.00 (storm sewer, erosion control and landscaping), if the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURESFOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Randy Rauwerdmk Pond Promenade Ventures, LLC 19620 Waterford Court Shorewood, MN 55331 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market. Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. City Council approves a site plan for a 19,909 square -foot, one-story specialty subject to the following conditions: En 'neerin 1. Based on the proposed grading on the north side of site the grading plan may require some revisions in order to maintain drainage from the existing improvements to the north. Building 1. The buildings are required to have automatic fire extinguishing systems. 2. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Detailed occupancy -related requirements will be addressed when complete building plans are submitted. 4. Provide a 1:200 scale drawing of subdivision. 5. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Fire Marshal 1. Provide a three-foot clear space around fire hydrants. 2. Yellow -painted curb and "No Parking Fire Lane" signs will be required. Applicant shall contact Fire Marshal for specific locations. 3. No P.I.V. (post indicator valve) will be required. Natural Resource Specialist 1. The interior width of all islands must be a minimum of 10 feet. 2. A total of 13 trees must be planted within the vehicular use area Planning: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The street/sidewalk lights along Main Street have to be preserved and operational when the site construction is completed. 3. The light poles may not exceed 20 feet in height. 4. All Wall Packs (WPI) shall be replaced with Wall Packs (WP2). Water Resources 1. The Surface Water Pollution Prevention Plan with all elements required by the NPDES Construction Permit shall be prepared and supplied to the city for approval prior to any earth - disturbing activities. 2. Proof of the NPDES Construction Permit having been procured by the applicant shall be supplied to the city prior to any earth -disturbing activities. 3. A dewatering plan, specific to the existing pond, shall be prepared and submitted to the city for review and approval prior to any earth -disturbing activities. 0 0 4. Areas immediately tributary to the pervious pavement, including disturbed areas behind the back of curb, must be stabilized within 24 hours of construction of the pervious pavement areas. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. 0 STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) 0 CITY OF CHANHASSEN M Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this,94day of 2015, by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City o anhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. KAREN J. ENGELHARDTAL (SEAL) Notary Public -Minnesota 1OIAR� UBLIC MY Commission Expires Jan 31, 2Q20 J POND PROMENADE VENTURES, LLC u J f, STATE OF MINNESOTA ) (ss. COUNTY OF V�.nn fp n ) The foregoing instrument was acknowledged before me this Si day of YQk,6�r 2015 by the i2o-^o of Pond Promenade Ventures, LLC, a Minnesota limited 1 bi ty company, on its behalf. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 5 ED JANET M. OLSON NOTARY IPLIBLIC �14C� E*hm JW 31,2D20 MINNESOTA F' 0 • CITY OF CHANHASSEN SITE PLAN AGREEMENT EXHIBIT "A" GENERAL CONDITION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plans E & F, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be wan -anted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. rl 0 • 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attomeys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be Performed by it hereunder, the City may, at its option, perform the work and the Developer shall Promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmastets request. C. Third Patties. Third parties shall have no recourse against the City under this Agreement. D. Breach of Contract. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. OcqMancv. Unless approved m writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recordine. This Agreement shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 am. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws Ordinances and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the Property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. H 0 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same 'may 1apply to that portion of the subject property owned by them. Dated this Ielv davof `rOlIY WG&%.2015 POND PRO14ENADE VENTURES, LLC M c.�5' rYlAnegP,r STATE OF MINNESOTA ) (ss; COUNTY OF V- ,e%nc p' ) The foregoing instrument was acknowledged before me this l day of Sc42kcl 200(1�5, by Toh n J bha��., S� the � of Yb^, lbr•.e o� �/r ctweS . l_LL A t nnesota limited liability company, on its behalf. DRAFTED BY: City of Chanha 7700 Mark« Boakwmd F. O. Box 147 Chanha . MN 55317 (952)227-1100 0 JANE7 M. OLSON NOTARY PUBLIC MINNESOTA W= EgFe, Jn 31, �p I5- i.7 CAMPBELL KNUTSON, P.A. Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 ' FAX: 651-234-6237 FILING OF DOCUMENTS TO: 'K COUNTY RECORDER REGISTRAR OF TITLES Please complete, date, and sign this form upon assigning document numbers for the documents listed below and e-mail Jean Olson at iolson(kck-law.com or fax completed form to the Chanhassen City Attorney's office referenced above. Please mail same to Jean Olson in the self-addressed stamped envelope attached. CLIENT/MATTER: CITY OF CHANHASSEN / POND PROMENADE VENTURES, LLC VILLAGES ON THE PONDS llo' ADDITION THE FOLLOWING DOCUMENT(S) Abstract WERE FILED: Document No. Warranty Deed from Northcott Company to Pond Promenade Ventures, LLC Site Plan Agreement Plat Mylar for Villages on the Ponds I Ph Addition Torrens Document No. at I '. 1S o'clock a.m J nn , 2015, with th ounty Recorder Registrar of Titles of Carver County, Minnesota. 4��-� SIGNED: Thank you! 183328 SCANNED 0 0 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) CITY OF CHANHASSEN CARVER AND HENNEPIN Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized COUNTIES, MINNESOTA agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- SUMMARY OF ORDINANCE lager and has full knowledge of the facts herein stated as follows: NO. 607 AN ORDINANCE AMENDING (A) These newspapers have complied with the requirements constituting qualification as a legal CHAPTER 20 OF THE newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as CHANHASSEN CITY CODE, amended. THE CITY'S ZONING ORDINANCE, HY AMENDING A PLANNED (B) The printed public notice that is attached to this Affidavit and identified as No. �? Sc- // UNIT DEVELOPMENT was published on the date or dates and in the newspaper stated in the attached Noti' cm/—m—dd "saiia' Tbepurposeof this ordinance Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of is to amend the Planned Unit the newspaper specified. Printed below is a copy of the Iowa case alphabet from A to Z, both Development for Villages on the inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Ponds to allow changes to the and publication of the Notice: sign criteria within Sector II and include a map showing the Sectors. abcdefghijklmnopgrstuvwzyz A 7Printediai copy Ordinance No. 607 s available for inspection by any person during regular By, office hours at the office of the City Manager/Clerk. Laurie A. Hartmann PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 10th day of August, 2015, by the City Council of the City of Subscribed and sworn before me on Chanbassen. (Published in the Chanhassen Villager on Thursday. August 20, 2015 No 4180) this[_ y of rLi, 12015 ^ Eovl; i� C�a+MS31t1 E(P,RES 01/31/18 N u he 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 matte ................................. $31.20 per column inch Rate actually charged for the above matte ............................................... $12.59 per column inch SCANNED • • �S-Q CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 607 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 Villages on the Ponds Planned Unit Development Design Standards in its entirety as follows: VILLAGES ON THE PONDS DEVELOPMENT DESIGN STANDARDS a. Intent The purpose of this zone is to create a mixed use PUD consisting of commercial, institutional, office, and residential uses. 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. b. Permitted Uses The permitted uses in this zone should be limited to uses as defined below or similar uses to those as listed in the Standard Industrial Classification. If there is a question as to the whether or not a use meets the definition, the Planning Director shall make that interpretation. No single retail user shall exceed 20,000 square feet on a single level of a building. A maximum of thirty- three (33) percent of the square footage of the retail users within the development may be of a "big box" category. The intent of this requirement is to provide a variety of users, including small retail shops, service providers, coffee shops, cabarets, etc., for residents of the Villages as well as the community as a whole, rather than typical suburban type large, individual users dominating the development and detracting from the "village" character. Retail users should be those that support and compliment the residential development located within the development, providing goods and services which enhance residents of the village and the community. Office. Professional and business office, non -retail activity except for showroom type display area for products stored or manufactured on-site provided that no more than 20 percent of the floor space is used for such display and sales. bank/credit union finance, insurance and real estate SCANNED 0 health services - except nursing homes and hospitals engineering, accounting, research management and related services legal services Personal Services. Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. dry cleaning beauty or barbershop shoe repair photographic studio tax return preparation laundromat health club optical goods computer services day care center copying mail stores Institutional. Establishments that are public/semi-public in nature. church library education services day care art gallery dance studio cultural facility Commercial/Retail. Establishments engaged in commercial operations including retail sales and services and hospitality industries. Apparel and Accessory Stores shoe stores electronic and music store and musical instruments restaurant — no drive through, except on Lot 1, Block 1, Villages on the Ponds 2°a Addition through a conditional use permit and compliance with the following standards - the drive through shall provide sufficient stacking to assure that traffic is not backed into the parking lot drive aisles; loud speakers used for ordering shall be shielded so that noise is not heard off-site, and the drive through shall be screened from off-site views. (amended 8/13/01) restaurant - fast food only if integrated into a building no freestanding fast food and no drive through drug store/pharmacy book/stationary jewelry store hobby/toy game 0 gift novelty and souvenir sewing, needlework and piece good florist camera and photographic supply art and art supplies, gallery sporting goods video rental food stores including bakery and confectionery hardware store computer store hotel/motel entertainment liquor store pets and pet supplies home furnishings Residential. Residential units shall be provided as upper level units above the commercial/office uses within the village core and as stand alone units. A minimum of 50 percent of the residential units shall be rental units. Of the rental units, the city has adopted a goal of 35 percent of the units meeting the Metropolitan Council's affordable criteria. For the ownership housing, the city has adopted the goal of 50 percent of the units meeting the Metropolitan Council's affordable criteria. Prohibited Uses: Auto related including auto sales, auto repair, gas stations c. Setbacks In the PUD standards, there is the requirement for landscape buffering in addition to building and parking setbacks. The following setbacks shall apply: 0 Buffer yards are as specified in the City of Chanhassen Landscaping and Tree Removal Ordinance, Article XXV. No fences shall be permitted between the required landscape buffer and arterial and collector roads. d. Development Site Coverage and Building Height 1. The PUD standard for hard surface coverage is 70% for the overall development. Individual lots may exceed this threshold, but in no case shall the average exceed 70 percent. 2. More than one (1) principal structure maybe placed on one (1) platted lot. The maximum building height shall be Sector I - four stories (residential with street level commercial or office)/50 ft. (retail and office buildings without residences above shall be limited to three stories/40 ft.) except for the lot on the corner of Promenade Pond and Great Plains Boulevard shall be limited to two stories and 30 feet, Sector II - three stories/40 ft., Sector III - three stories/40 ft., and Sector IV - four stories/50 feet. Building height limitations are exclusive of steeples, towers, and other architectural and roof accents. (Amended 11/26/01) 4. The maximum building footprint for any one building shall be limited to 20,000 square feet without a street level break in the continuity of the building, e.g., pedestrian passageways, except for the church and residential only buildings. 5. The following table shall govern the amount of building area for the different uses: 4 BuildingParking Great Plains Blvd.: Buffer yard & Setback C, 0' 0' Market Blvd.: Buffer yard & Setback C, 50' 20' Highway 5: Buffer yard & Setback B, 50' 20' Interior Side Lot Line: Buffer yard & setback NA, 0' 0' East Perimeter Side Lot Line (adjacent to residential): Buffer yard & setback D, 50' 50' West Perimeter Side Lot Line (adjacent to industrial): Buffer yard & setback B, 50 20 Buffer yards are as specified in the City of Chanhassen Landscaping and Tree Removal Ordinance, Article XXV. No fences shall be permitted between the required landscape buffer and arterial and collector roads. d. Development Site Coverage and Building Height 1. The PUD standard for hard surface coverage is 70% for the overall development. Individual lots may exceed this threshold, but in no case shall the average exceed 70 percent. 2. More than one (1) principal structure maybe placed on one (1) platted lot. The maximum building height shall be Sector I - four stories (residential with street level commercial or office)/50 ft. (retail and office buildings without residences above shall be limited to three stories/40 ft.) except for the lot on the corner of Promenade Pond and Great Plains Boulevard shall be limited to two stories and 30 feet, Sector II - three stories/40 ft., Sector III - three stories/40 ft., and Sector IV - four stories/50 feet. Building height limitations are exclusive of steeples, towers, and other architectural and roof accents. (Amended 11/26/01) 4. The maximum building footprint for any one building shall be limited to 20,000 square feet without a street level break in the continuity of the building, e.g., pedestrian passageways, except for the church and residential only buildings. 5. The following table shall govern the amount of building area for the different uses: 4 Commercial/ Retails Office/Service s Institutional (s Dwelling Units TOTAL sf Sector I 114,500 83,500 0 160 198,000 Sector II *60,000 14,000 0 0 74,000 Sector III 0 0 100,000 0 100,000 Sector IV 0 0 1 0 1 162 0 TOTAL 174,500 97,5001 100,0001 322 1 372,000 (amended 11/26/01) * Includes 47,200 square -foot, 106 -unit motel Building square footages may be reallocated between sectors and between uses subject to approval by the Planning Director. The following factors shall be used in calculating the reallocation of building square footages between uses: 1 Residential apartment unit = 3 congregate care (assisted living or dementia) unit. 1 Residential apartment unit = 2 elderly (independent) unit. 1 Residential apartment unit = 360 square feet of office/service. 1 Residential apartment unit = 90 square feet of retail. 1 Residential apartment unit = 440 square feet of institutional. 950 square feet of office/service = 1,000 square feet of institutional. 300 square feet of retail = 1,000 square feet of office/service. 290 square feet of retail = 1,000 square feet of institutional. (amended 11/26/01) In no instance shall addition institutional building square footage be reallocated without an amendment to the PUD. 6. Buildings adjacent to pedestrian sidewalks must have commercial/office on the majority of the street frontage. (amended 11/26/01) e. Building Materials and Design The PUD requires that the development demonstrate a higher quality of architectural standards and site design. The intent is to create a pedestrian friendly, "traditional" village character consistent with the European heritage of the upper midwest and the atmosphere within this development, yet with the amenities and technological tools of modem times. The village elevations shown on the PUD drawings are to be used only as a general guideline and the reflection of the overall village image including the north - midwestern architectural vocabulary, village like human scale and flavor, and variety in design and facade treatment. 2. All materials shall be of high quality and durable. Major exterior surfaces of all walls shall be face brick, stone, glass, stucco, architecturally treated concrete, cast in place panels, decorative block, cedar siding, vinyl siding in residential with support materials, or approved equivalent as determined by the city. Color shall be introduced through colored block or panels and not painted block or brick. Bright, long, continuous bands are prohibited. Bright or brilliant colors and sharply contrasting colors may be used only for accent purposes and shall not exceed 10 percent of a wall area. 5 0 `J 3. Block shall have a weathered face or be polished, fluted, or broken face. Exposed cement ("cinder") blocks shall be prohibited. 4. Metal siding, gray concrete, curtain walls and similar materials will not be approved except as support material to one of the above materials, or as trim or as HVAC screen, and may not exceed more than 25 percent of a wall area. 5. All accessory structures shall be designed to be compatible with the primary structure. 6. All roof mounted equipment shall be screened by walls of compatible appearing material. wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. All mechanical equipment shall be screened with material compatible to the building. The buildings shall have varied and interesting detailing. The use of large unadorned, concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall and its views from public ways shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. 8. Space for recycling shall be provided in the interior of all principal or accessory structures. 9. There shall not be underdeveloped backsides of buildings. All elevations shall receive nearly equal treatment and visual qualities. 10. The materials and colors used for each building shall be selected in context with the adjacent building and provide for a harmonious integration with them. Extreme variations between buildings on the same street in terms of overall appearance, bulk and height, setbacks and colors shall be prohibited. 11. Slope roof elements shall be incorporated in all structures: Sector I - minimum 70 percent of roof area shall be sloped, Sector II - minimum of 70 percent of the roof area shall be sloped, Sector III - minimum of 30 percent of the roof area shall be sloped, and Sector IV - minimum of 70 percent of the roof area shall be sloped. An exception to this requirement are roof areas designed for human use such as decks, garden areas, patios, etc., which will not be counted towards flat roof area. 12. The following design elements should be incorporated into individual structures: Gi 0 0 Building Accents Towers, silos, arches, columns, bosses, tiling, cloisters, colonnades, buttresses, loggias, marquees, minarets, portals, reveals, quoins, clerestories, pilasters. Roof Types Barrow, dome, gable, hip, flat. Roof Accents Cupolas, cornices, belfries, turrets, pinnacles, look -outs, gargoyles, parapets, lanterns. Accent elements such as towers, turrets, spires, etc., shall be excluded from the sector building height limitation. Window Types Bay, single paned, multi -paned, angular, square, rectangular, half -round, round, italianate. Window Accents Plant boxes, shutters, balconies, decks, grates, canopies, awnings, recesses, embrasures, arches, lunettes. Street level windows shall be provided for a minimum of 50 percent of the ground level wall area. i Site Landscaping and Screening All buffer landscaping, including boulevard landscaping, included in Phase I shall be installed when the grading of the phase is completed. This may well result in landscaping being required ahead of individual site plan approvals, but we believe the buffer yard and boulevard plantings, in particular, need to be established immediately. 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 a part of the site plan review process. 2. All open spaces and non -parking lot surfaces, except for plaza areas, shall be landscaped, rockscaped, or covered with plantings and/or lawn material. Tree wells shall be included in pedestrian areas and plazas. 3. Storage of material outdoors is prohibited. 4. Undulating or angular berms Y to Sin height, south of Highway 5 and along Market Boulevard shall be sodded or seeded at the conclusion of grading and utility construction. The required buffer landscaping may be installed where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. C, 5. Loading areas shall be screened from public right-of-ways. Wing walls maybe required where deemed appropriate. 6. Native species shall be incorporated into site landscaping, whenever possible. g. Signage One project identification sign shall be permitted for the development at each end of Lake Drive and at the south end of Main Street. Project identification sign(s) may also be located at the entrances to the development(s) in Sector IV. Project identification signs shall not exceed 24 square feet in sign display area nor be greater than five feet in height. One project identification sign, with a maximum height of 20 feet, which may be increased in height subject to city approval based on the design and scale of the sign, designed as a gateway to the project shall be located at the north end of Main Street. Individual lots are not permitted low profile ground business sign. Within Sector III, one sign for the church and one sign for the school may be placed on streetscape walls. The top of the signs shall not extend more than eight feet above the ground and the total sign area for the signs shall not exceed 64 square feet. Pylon signs are prohibited. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material and height throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. 2. All signs require a separate sign permit. 3. Wall business signs shall comply with the city's sign ordinance for the central business district for determination of maximum sign area. Wall signs may be permitted on the "street" front and primary parking lot front of each building. 4. Projecting signs are permitted along Main Street and Lake Drive and along pedestrian passageways subject to the conditions below. Signage Plan and Restrictions Wall Signs The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend greater than 20 feet above the ground. In Sectors I and 11, sign height may be increase based on the criteria that the signage is compatible with and complementary to the building architecture and design. The letters and logos shall be restricted to a maximum of 30 inches in height except along the north and west elevations for buildings within sectors I and H. These letters may be increased to 48 inches. All individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing. 2. If illuminated, individual dimensional letters and logos comprising each sign may be any of the following: 0 0 a. Exposed neon/fiber optic, b. Open channel with exposed neon, c. Channel Letters with acrylic facing, d. Reverse channel letters (halo lighted), or e. Externally illuminated by separate lighting source. 3. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area unless the logo is the sign. 4. Within Sectors I and II, architecturally, building -integrated panel tenant/logo sign may be permitted based on criteria that the signage is compatible with and complementary to the building design and architecture. Architectural elements specifically created to increase signage height are prohibited. 5. Backlit awnings are prohibited. Projecting Sims 1. The letters and logos shall be restricted to the approved building sign area. 2. All wooden signs shall be sandblasted and letters shall be an integral part of the building's architecture. 3. Signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered and such minimal messages such as date of establishment of business. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band or within the projecting sign and do not occupy more than fifteen (15) percent of the sign display area. 4. Projecting signs shall be stationary, may not be self -illuminated but maybe lighted by surface mounted fixtures located on the sign or the adjacent facade. 5. Projecting signs shall be limited to one per tenant on street frontage and pedestrian passageway and my not exceed six square feet. Letters shall have a maximum height of 12 inches. 6. Projecting signs shall be a minimum of eight feet above the sidewalk and shall not project more than six feet from the building facade. 7. Plastic, plexi -glass, clear plex, or similar material projecting signs are prohibited unless used in conjunction with other decorative materials. 8. Projecting signs may be painted, prefinished, or utilize exposed metal. Any exposed metal shall be anodized aluminum, stainless steel, titanium, bronze, or other similar non -corrosive or ono -oxidizing materials. 0 Window Signs 0 Window signs shall not cover more than 25 percent of the window area in which they are located. 2. Window signs shall not use bright, garish, or neon paint, tape, chalk, or paper. Menu Signs 1. Shall be located at eye level adjacent to tenant entries and shall not exceed 4 feet in height. 2. Shall be used only to convey daily specials, menus and offerings and shall be wood framed chalkboard and/or electronic board with temporary handwritten lettering. No paper construction or messages will be permitted. 3. Menu signs shall be limited to one per tenant and may not exceed 8 square feet. Festive Flags/Banners 1. Flags and banners shall be permitted on approved standards attached to the building facade and on standards attached to pedestrian area lighting. 2. Plastic flags and banners are prohibited. 3. Flags and banners shall be constructed of fabric. 4. Banners shall not contain advertising for individual users, businesses, services, or products. 5. Flags and banners shall project from buildings a maximum of two feet. 6. Flags and banners shall have a maximum area of 10 square feet. 7. Flags and banners which are tom or excessively worn shall be removed at the request of the City. Building Directory 1. In multi -tenant buildings, one building directory sign may be permitted. The directory sign shall not exceed eight square feet. 10 0 i Pole Directory Sign 1. Pole directory signs consisting of single poles with individual nameplate type directional arrows may be located within the development. 2. Pole directory sign shall not exceed 15 feet in height. 3. Directory signs shall be a minimum of eight feet above the sidewalk. 4. A maximum of eight directory signs may be provided per pole. 5. The maximum size of an individual sign shall be 18 inches long by four inches wide. 6. Poles shall be a minimum of 10 feet behind the curb. h. Lighting 1. Lighting for the interior of the business center should be consistent throughout the development. The plans do not provide for street lighting. As with previous developments, the City has required the developer to install street lights throughout the street system. 2. A shoe box fixture (as specified by City Code) with decorative natural colored pole shall be used throughout the development parking lot area for lighting. Decorative, pedestrian scale lighting shall be used in plaza and sidewalk areas and may be used in parking lot areas. 3. Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. 4. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the project perimeter property line. This does not apply to street lighting. 5. Light poles shall be limited to a height of 20 feet. 6. Lighting for parking areas shall minimize the use of lights on pole standards in the parking area. Rather, emphasis should be placed on building lights and poles located in close proximity to buildings. i. Parking 1. Parking shall be provided based on the shared use of surface parking areas whenever possible. Cross access easements and the joint use of parking facilities shall be protected by a recorded instrument acceptable to the city. 2. A minimum of 75 percent of a building's parking shall be located to the "rear" of the structure and in underground garages. 11 0 0 The development shall be treated as a integrated shopping center and provide a minimum of one space per 200 square feet of commercial/retail area. The office/personal service component shall be treated as an integrated office building and provide 4.5 space per 1,000 square feet for the first 49,999 square feet, four per thousand square feet for the second 50,000 square feet, and 3.5 per thousand square feet thereafter. Residential uses shall provide 1.5 spaces per unit as underground parking with visitor spaces provided as part of the commercial/office uses. Within sector IV, visitor parking shall be provided at a rate of 0.5 stalls per unit. Hotel/motels shall comply with city ordinance. Churches/schools shall comply with city ordinance, however, a minimum of 50 percent of the parking shall be shared. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 27t' day of July, 2015. ATTEST: dd Gerhardt, Clerk/Manager Dal- enny ufenbi ger, May (Summary Ordinance approved on August 10, 2015 and Published in the Chanhassen Villager on August 20, 2015) 12 0 • CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 09/08/2015 4:38 PM Receipt No. 00294117 CLERK: ashleym PAYEE: Commercial Partners Title LLC 200 South Sixth Street Suite 1300 Minneapolis MN 55402 - Village on the Ponds lith Addition ------------------------------------------------------- Park ---------------- Park Fees 33,875.00 GIS List 55.00 Swamp Fees 54,610.02 Total Cash Check 139322 Change 88,540.02 0.00 88,540.02 0.00 ID -i-1 SCANNEC September 2, 2015 CITY OF Ms. Lynn Hann CEMSEN Commercial Partners Title, LLC 7700 Market Boulevard 200 South Sixth Street, Suite 1300 PC Box 147 Minneapolis, MN 55402 Chanhassen, MN 55317 Re: 510 Lake Drive, Chanhassen, Minnesota Administration Outlot B, Villages on the Ponds 4th Addition, Carver County, Minnesota Phone: 952.227.1100 Replatted as Lot 1, Block 1, and Outlot A Villages on the Ponds 11' Addition Fax: 952.227.1110 CP File No. 38860 Building Inspections Dear Ms. Hann: Phone: 952.227.1180 Chanhassen, Carver County, Minnesota. Accordingly, the building and other g1Y� g Fax: 952.227.1190 This office has been requested to confirm certain facts and circumstances concerning Engineering the current zoning and land use of the above referenced property. In furtherance of Phone: 952.227.1160 that request, we hereby confirm and advise you as follows, to wit: Fax: 952.227.1170 2. The property currently is located in a district with zoning classification of Planned senior center 5. The Project complies with the above -stated current zoning classification and all Phone: 952.227.1125 current zoning requirements and regulations applicable thereto, and also complies Fax: 952.227.1110 with the above -stated comprehensive plan designation and all requirements website applicable thereto. www.ci.chanhassennn.us 6. The property complies with all applicable subdivision and platting requirements and may be sold as a separate parcel. SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 1. The above -referenced property is located within the corporate limits of the City of Finance Phone: 952.227.1140 Chanhassen, Carver County, Minnesota. Accordingly, the building and other g1Y� g Fax: 952.227.1110 improvements are under the jurisdiction and are required to comply with the building codes, ordinances and regulations of the City of Chanhassen, Minnesota. Park & Recreation Phone: 952.227.1120 2. The property currently is located in a district with zoning classification of Planned Fax:952.2271110 Unit Development (PUD) and a comprehensive plan designation of Mixed Use. Recreation Center The zoning classification is consistent with the comprehensive plan designation. 2310 Coulter Boulevard (A copy of the Planned Unit Development Standards is enclosed.) Phone: 952.227.1400 Fax: 952.227.1404 3. The use of the property for a liquor store is a permitted use of the property. The project is a permitted use under the aforesaid zoning classification and is Planning & Natural Resources consistent with the aforesaid comprehensive plan designation. Phone: 952227.1130 Fax: 952.227.1110 4. The development was approved by the Chanhassen City Council as Planning Case #2015-17 on July 27, 2015: subdividing the property into one lot and one outlot, Public works approving a site plan for a 19,900 square foot building, and amending the PUD 7901 Park Place Phone: zoning standards regardmgsignage. A separate building permit application is Fax: 952.227.1310 required prior to construction of the building. senior center 5. The Project complies with the above -stated current zoning classification and all Phone: 952.227.1125 current zoning requirements and regulations applicable thereto, and also complies Fax: 952.227.1110 with the above -stated comprehensive plan designation and all requirements website applicable thereto. www.ci.chanhassennn.us 6. The property complies with all applicable subdivision and platting requirements and may be sold as a separate parcel. SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Commercial Partners Tit, LLC LLC • Lot 1, Block 1, Villages on the Ponds I I"i Addition September 2, 2015 Page 2 7. There are no known unsatisfied zoning violations applicable to the Project or property. 8. There are no variances granted for the property. 9. The property is located in Flood Zone C, which is not an area of high hazard for flooding and is considered an area of minimal flooding, Community Panel Number 270051 0005 B, effective July 2, 1979. 10. All utility services are available to said property including water, sanitary sewer, storm water, telephone, gas, and electric. 11. Parking as proposed in Planning Case #2015-17 is in conformance with zoning requirements. This information was researched by the undersigned on request as a public service. The undersigned certifies that the above information is believed to be accurate. However, neither the undersigned nor the City assumes liability for errors or omissions. All information was obtained from public records which may be inspected during normal business hours. Should additional information be required of this office concerning the property, you may contact the undersigned at (952) 227-1131 or bgenerousAci.chanhassen.mn.us. The City's web site is www.ci.chanhassen.mn.us. Sincerel Robert Generous, AICP Senior Planner Enclosure g:\planboning letters\total wine and more.do 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 607 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 Villages on the Ponds Planned Unit Development Design Standards in its entirety as follows: VILLAGES ON THE PONDS DEVELOPMENT DESIGN STANDARDS a. Intent The purpose of this zone is to create a mixed use PUD consisting of commercial, institutional, office, and residential uses. 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 Distract regulations shall apply except as modified by this ordinance. b. Permitted Uses The permitted uses in this zone should be limited to uses as defined below or similar uses to those as listed in the Standard Industrial Classification. If there is a question as to the whether or not a use meets the definition, the Planning Director shall make that interpretation. No single retail user shall exceed 20,000 square feet on a single level of a building. A maximum of thirty- three (33) percent of the square footage of the retail users within the development may be of a "big box" category. The intent of this requirement is to provide a variety of users, including small retail shops, service providers, coffee shops, cabarets, etc., for residents of the Villages as well as the community as a whole, rather than typical suburban type large, individual users dominating the development and detracting from the "village" character. Retail users should be those that support and compliment the residential development located within the development, providing goods and services which enhance residents of the village and the community. Office. Professional and business office, non -retail activity except for showroom type display area for products stored or manufactured on-site provided that no more than 20 percent of the floor space is used for such display and sales. bank/credit union finance, insurance and real estate LI LI health services - except nursing homes and hospitals engineering, accounting, research management and related services legal services Personal Services. Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. dry cleaning beauty or barbershop shoe repair photographic studio tax return preparation laundromat health club optical goods computer services day care center copying mail stores Institutional. Establishments that are public/semi-public in nature. church library education services day care art gallery dance studio cultural facility Commercial/Retail. Establishments engaged in commercial operations including retail sales and services and hospitality industries. Apparel and Accessory Stores shoe stores electronic and music store and musical instruments restaurant — no drive through, except on Lot 1, Block 1, Villages on the Ponds 2nd Addition through a conditional use permit and compliance with the following standards - the drive through shall provide sufficient stacking to assure that traffic is not backed into the parking lot drive aisles; loud speakers used for ordering shall be shielded so that noise is not heard off-site, and the drive through shall be screened from off-site views. (amended 8/13/01) restaurant- fast food only if integrated into a building no freestanding fast food and no drive through drug store/pharmacy book/stationary jewelry store hobby/toy game CI gift novelty and souvenir sewing, needlework and piece good florist camera and photographic supply art and art supplies, gallery sporting goods video rental food stores including bakery and confectionery hardware store computer store hotel/motel entertainment liquor store pets and pet supplies home Rimishings • Residential. Residential units shall be provided as upper level units above the commercial/office uses within the village core and as stand alone units. A minimum of 50 percent of the residential units shall be rental units. Of the rental units, the city has adopted a goal of 35 percent of the units meeting the Metropolitan Council's affordable criteria. For the ownership housing, the city has adopted the goal of 50 percent of the units meeting the Metropolitan Council's affordable criteria. Prohibited Uses: Auto related including auto sales, auto repair, gas stations c. Setbacks In the PUD standards, there is the requirement for landscape buffering in addition to building and parking setbacks. The following setbacks shall apply: 0 0 Buffer yards are as specified in the City of Chanhassen Landscaping and Tree Removal Ordinance, Article XXV. No fences shall be permitted between the required landscape buffer and arterial and collector roads. d. Development Site Coverage and Building Height The PUD standard for hard surface coverage is 70% for the overall development. Individual lots may exceed this threshold, but in no case shall the average exceed 70 percent. 2. More than one (1) principal structure maybe placed on one (1) platted lot. The maximum building height shall be Sector I - four stories (residential with street level commercial or office)/50 ft. (retail and office buildings without residences above shall be limited to three stories/40 ft.) except for the lot on the corner of Promenade Pond and Great Plains Boulevard shall be limited to two stories and 30 feet, Sector II - three stories/40 ft., Sector III - three stories/40 ft., and Sector N - four stories/50 feet. Building height limitations are exclusive of steeples, towers, and other architectural and roof accents. (Amended 11/26/01) 4. The maximum building footprint for any one building shall be limited to 20,000 square feet without a street level break in the continuity of the building, e.g., pedestrian passageways, except for the church and residential only buildings. VILLAGES ON THE PONDS Sectors 5. The following table shall govern the amount of building area for the different uses: Building Parking Great Plains Blvd.: Buffer yard & Setback C, 0' 0' Market Blvd.: Buffer yard & Setback C, 50' 20' Highway 5: Buffer yard & Setback B, 50' 20' Interior Side Lot Line: Buffer yard & setback NA, 0' 0' East Perimeter Side Lot Line (adjacent to residential): Buffer yard & setback D, 50' S0' West Perimeter Side Lot Line (adjacent to industrial): Buffer yard setback Buffer yards are as specified in the City of Chanhassen Landscaping and Tree Removal Ordinance, Article XXV. No fences shall be permitted between the required landscape buffer and arterial and collector roads. d. Development Site Coverage and Building Height The PUD standard for hard surface coverage is 70% for the overall development. Individual lots may exceed this threshold, but in no case shall the average exceed 70 percent. 2. More than one (1) principal structure maybe placed on one (1) platted lot. The maximum building height shall be Sector I - four stories (residential with street level commercial or office)/50 ft. (retail and office buildings without residences above shall be limited to three stories/40 ft.) except for the lot on the corner of Promenade Pond and Great Plains Boulevard shall be limited to two stories and 30 feet, Sector II - three stories/40 ft., Sector III - three stories/40 ft., and Sector N - four stories/50 feet. Building height limitations are exclusive of steeples, towers, and other architectural and roof accents. (Amended 11/26/01) 4. The maximum building footprint for any one building shall be limited to 20,000 square feet without a street level break in the continuity of the building, e.g., pedestrian passageways, except for the church and residential only buildings. VILLAGES ON THE PONDS Sectors 5. The following table shall govern the amount of building area for the different uses: 0 0 Commercial/ Retails Office/Service s Institutional (s Dwelling Units TOTAL sf Sector I 114,500 83,500 0 160 198,000 Sector II *60,000 14,000 0 0 74,000 Sector III 0 0 100,000 0 100,000 Sector IV 01 01 0 162 0 TOTAL 174,5001 97,500 1 100,0001 3221 372,000 (amended 11/26/01) * Includes 47,200 square -foot, 106 -unit motel Building square footages may be reallocated between sectors and between uses subject to approval by the Planning Director. The following factors shall be used in calculating the reallocation of building square footages between uses: 1 Residential apartment unit = 3 congregate care (assisted living or dementia) unit. 1 Residential apartment unit = 2 elderly (independent) unit. 1 Residential apartment unit = 360 square feet of office/service. 1 Residential apartment unit = 90 square feet of retail. 1 Residential apartment unit = 440 square feet of institutional. 950 square feet of officelservice = 1,000 square feet of institutional. 300 square feet of retail = 1,000 square feet of officelservice. 290 square feet of retail = 1,000 square feet of institutional. (amended 11/26/01) In no instance shall addition institutional building square footage be reallocated without an amendment to the PUD. 6. Buildings adjacent to pedestrian sidewalks must have commercial/office on the majority of the street frontage. (amended 11/26/01) e. Building Materials and Design The PUD requires that the development demonstrate a higher quality of architectural standards and site design. The intent is to create a pedestrian friendly, "traditional' village character consistent with the European heritage of the upper midwest and the atmosphere within this development, yet with the amenities and technological tools of modern times. The village elevations shown on the PUD drawings are to be used only as a general guideline and the reflection of the overall village image including the north - midwestern architectural vocabulary, village like human scale and flavor, and variety in design and facade treatment. 2. All materials shall be of high quality and durable. Major exterior surfaces of all walls shall be face brick, stone, glass, stucco, architecturally treated concrete, cast in place panels, decorative block, cedar siding, vinyl siding in residential with support materials, or approved equivalent as determined by the city. Color shall be introduced through colored block or panels and not painted block or brick. Bright, long, continuous bands are prohibited. Bright or brilliant colors and sharply contrasting colors may be used only for accent purposes and shall not exceed 10 percent of a wall area. 5 0 E 3. Block shall have a weathered face or be polished, fluted, or broken face. Exposed cement ("cinder") blocks shall be prohibited. 4. Metal siding, gray concrete, curtain walls and similar materials will not be approved except as support material to one of the above materials, or as trim or as HVAC screen, and may not exceed more than 25 percent of a wall area. 5. All accessory structures shall be designed to be compatible with the primary structure. 6. All roof mounted equipment shall be screened by walls of compatible appearing material. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. All mechanical equipment shall be screened with material compatible to the building. The buildings shall have varied and interesting detailing. The use of large unadorned, concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall and its views from public ways shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. 8. Space for recycling shall be provided in the interior of all principal or accessory structures. 9. There shall not be underdeveloped backsides of buildings. All elevations shall receive nearly equal treatment and visual qualities. 10. The materials and colors used for each building shall be selected in context with the adjacent building and provide for a harmonious integration with them. Extreme variations between buildings on the same street in terms of overall appearance, bulk and height, setbacks and colors shall be prohibited. 11. Slope roof elements shall be incorporated in all structures: Sector I - minimum 70 percent of roof area shall be sloped, Sector 11- minimum of 70 percent of the roof area shall be sloped, Sector III - minimum of 30 percent of the roof area shall be sloped, and Sector IV - minimum of 70 percent of the roof area shall be sloped. An exception to this requirement are roof areas designed for human use such as decks, garden areas, patios, etc., which will not be counted towards flat roof area. 12. The following design elements should be incorporated into individual structures: 0 0 Building Accents Towers, silos, arches, columns, bosses, tiling, cloisters, colonnades, buttresses, loggias, marquees, minarets, portals, reveals, quoins, clerestories, pilasters. Roof Types Barrow, dome, gable, hip, flat. Roof Accents Cupolas, cornices, belfries, turrets, pinnacles, look -outs, gargoyles, parapets, lanterns. Accent elements such as towers, turrets, spires, etc., shall be excluded from the sector building height limitation. Window Types Bay, single paned, multi -paned, angular, square, rectangular, half -round, round, italianate. Window Accents Plant boxes, shutters, balconies, decks, grates, canopies, awnings, recesses, embrasures, arches, lunettes. Street level windows shall be provided for a minimum of 50 percent of the ground level wall area. f. Site Landscaping and Screening All buffer landscaping, including boulevard landscaping, included in Phase I shall be installed when the grading of the phase is completed. This may well result in landscaping being required ahead of individual site plan approvals, but we believe the buffer yard and boulevard plantings, in particular, need to be established immediately. 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 a part of the site plan review process. 2. All open spaces and non -parking lot surfaces, except for plaza areas, shall be landscaped, rockscaped, or covered with plantings and/or lawn material. Tree wells shall be included in pedestrian areas and plazas. 3. Storage of material outdoors is prohibited. 4. Undulating or angular berms 3' to 5' in height, south of Highway 5 and along Market Boulevard shall be sodded or seeded at the conclusion of grading and utility construction. The required buffer landscaping may be installed where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. 0 0 5. Loading areas shall be screened from public right-of-ways. Wing walls may be required where deemed appropriate. 6. Native species shall be incorporated into site landscaping, whenever possible. g. Signage One project identification sign shall be permitted for the development at each end of Lake Drive and at the south end of Main Street. Project identification sign(s) may also be located at the entrances to the development(s) in Sector IV. Project identification signs shall not exceed 24 square feet in sign display area nor be greater than five feet in height. One project identification sign, with a maximum height of 20 feet, which may be increased in height subject to city approval based on the design and scale of the sign, designed as a gateway to the project shall be located at the north end of Main Street. Individual lots are not permitted low profile ground business sign. Within Sector III, one sign for the church and one sign for the school may be placed on streetscape walls. The top of the signs shall not extend more than eight feet above the ground and the total sign area for the signs shall not exceed 64 square feet. Pylon signs are prohibited. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material and height throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. 2. All signs require a separate sign permit. 3. Wall business signs shall comply with the city's sign ordinance for the central business district for determination of maximum sign area. Wall signs may be permitted on the "street" front and primary parking lot front of each building. 4. Projecting signs are permitted along Main Street and Lake Drive and along pedestrian passageways subject to the conditions below. Signage Plan and Restrictions Wall Signs 1. The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend greater than 20 feet above the ground. In Sectors I and II, sign height may be increase based on the criteria that the signage is compatible with and complementary to the building architecture and design. The letters and logos shall be restricted to a maximum of 30 inches in height except along the north and west elevations for buildings within sectors I and II. These letters may be increased to 48 inches. All individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing. 2. If illuminated, individual dimensional letters and logos comprising each sign may be any of the following: 0 0 a. Exposed neon/fiber optic, b. Open channel with exposed neon, c. Channel Letters with acrylic facing, d. Reverse channel letters (halo lighted), or e. Externally illuminated by separate lighting source. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area unless the logo is the sign. 4. Within Sectors I and 11, architecturally, building -integrated panel tenant/logo sign may be permitted based on criteria that the signage is compatible with and complementary to the building design and architecture. Architectural elements specifically created to increase signage height are prohibited. 5. Backlit awnings are prohibited. Proiectiniz Sims 1. The letters and logos shall be restricted to the approved building sign area. 2. All wooden signs shall be sandblasted and letters shall be an integral part of the building's architecture. 3. Signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered and such minimal messages such as date of establishment of business. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band or within the projecting sign and do not occupy more than fifteen (15) percent of the sign display area. 4. Projecting signs shall be stationary, may not be self -illuminated but may be lighted by surface mounted fixtures located on the sign or the adjacent facade. 5. Projecting signs shall be limited to one per tenant on street frontage and pedestrian passageway and my not exceed six square feet. Letters shall have a maximum height of 12 inches. 6. Projecting signs shall be a minimum of eight feet above the sidewalk and shall not project more than six feet from the building facade. 7. Plastic, plexi -glass, clear plex, or similar material projecting signs are prohibited unless used in conjunction with other decorative materials. 8. Projecting signs may be painted, prefinished, or utilize exposed metal. Any exposed metal shall be.anodized aluminum, stainless steel, titanium, bronze, or other similar non -corrosive or ono -oxidizing materials. 0 0 Window Sims Window signs shall not cover more than 25 percent of the window area in which they are located. 2. Window signs shall not use bright, garish, or neon paint, tape, chalk, or paper. Menu Sims 1. Shall be located at eye level adjacent to tenant entries and shall not exceed 4 feet in height. 2. Shall be used only to convey daily specials, menus and offerings and shall be wood framed chalkboard and/or electronic board with temporary handwritten lettering. No paper construction or messages will be permitted. 3. Menu signs shall be limited to one per tenant and may not exceed 8 square feet. Festive Flaes/Banners 1. Flags and banners shall be permitted on approved standards attached to the building facade and on standards attached to pedestrian area lighting. 2. Plastic flags and banners are prohibited. 3. Flags and banners shall be constructed of fabric. 4. Banners shall not contain advertising for individual users, businesses, services, or products. 5. Flags and banners shall project from buildings a maximum of two feet. 6. Flags and banners shall have a maximum area of 10 square feet. Flags and banners which are tom or excessively worn shall be removed at the request of the city. Building Directo In multi -tenant buildings, one building directory sign may be permitted. The directory sign shall not exceed eight square feet. 10 0 0 Pole Directory Sign 1. Pole directory signs consisting of single poles with individual nameplate type directional arrows may be located within the development. 2. Pole directory sign shall not exceed 15 feet in height. 3. Directory signs shall be a minimum of eight feet above the sidewalk. 4. A maximum of eight directory signs may be provided per pole. 5. The maximum size of an individual sign shall be 18 inches long by four inches wide. 6. Poles shall be a minimum of 10 feet behind the curb. h. Lighting Lighting for the interior of the business center should be consistent throughout the development. The plans do not provide for street lighting. As with previous developments, the City has required the developer to install street lights throughout the street system. 2. A shoe box fixture (as specified by City Code) with decorative natural colored pole shall be used throughout the development parking lot area for lighting. Decorative, pedestrian scale lighting shall be used in plaza and sidewalk areas and may be used in parking lot areas. 3. Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. 4. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the project perimeter property line. This does not apply to street lighting. 5. Light poles shall be limited to a height of 20 feet. 6. Lighting for parking areas shall minimize the use of lights on pole standards in the parking area. Rather, emphasis should be placed on building lights and poles located in close proximity to buildings. i. Parking 1. Parking shall be provided based on the shared use of surface parking areas whenever possible. Cross access easements and the joint use of parking facilities shall be protected by a recorded instrument acceptable to the city. 2. A minimum of 75 percent of a building's parking shall be located to the `Year" of the structure and in underground garages. 11 0 9 3. The development shall be treated as a integrated shopping center and provide a minimum of one space per 200 square feet of commercial/retail area. The office/personal service component shall be treated as an integrated office building and provide 4.5 space per 1,000 square feet for the first 49,999 square feet, four per thousand square feet for the second 50,000 square feet, and 3.5 per thousand square feet thereafter. Residential uses shall provide 1.5 spaces per unit as underground parking with visitor spaces provided as part of the commercial/office uses. Within sector W, visitor parking shall be provided at a rate of 0.5 stalls per unit. Hotel/motels shall comply with city ordinance. Churches/schools shall comply with city ordinance, however, a minimum of 50 percent of the parking shall be shared. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 2r day of July, 2015. ATTEST: Todd Gerhardt, Clerk/Manager Denny Laufenburger, Mayor (Summary Ordinance approved on August 10, 2015 and Published in the Chanhassen Villager on August 20, 2015) 12 0 0 REQUEST FOR ZONING INFORMATION CP File No. 38860 FEE: $25.00 Date: 09/02/2015 Please complete and return it to: Lynn Hann n �- l lynnh@cptitle.com du+ � Commercial Partners Title, LLC 200 S. 6th St., Suite 1300 Minneapolis, MN 55402 Subject Property: Outlot B, Villages on the Ponds 4h Addition PID No. 25.8460030 Legal Description: Parcel 1: Outlot B, Villages on the Ponds 4th Addition, Carver County, Minnesota. Abstract Property Parcel 2: The benefit of the perpetual non-exclusive easement for pedestrian and vehicular travel and transportation purposes over and upon Outlot A, Villages on the Ponds, created and described in Declaration dated March 19, 1997, filed March 24, 1997, as Document No. 208539. TO BE PLATTED AS FOLLOWS: Lotl, Block 1, and Outlot A, Villages on the Ponds 11th Addition, Carver County, Minnesota. Abstract Property Current Use of Property: vacant land Intended Use of Property: Total Wine/liquor store 1. The current zoning classification for the subject property is: 2. Permitted uses included within that zoning classification are: 3. There are / are not (Circle One) applications filed for the property (ie. Special Use Permits, Conditional Use Permits, Variances, etc.) 4. The use of the property, as described above is: Yes No a. Permitted _ b. Conditional (Explain) _ C. Nonconforming (Explain) 5. There are records in the City files of unsatisfied zoning violations. (If Yes, please explain) 6. Have variances been granted for the Property. (If Yes, please explain) 7. Parking is in conformance with zoning requirements. (If No, please explain) 8. Flood Insurance Rate Map (FIRM) Property is in zone Community Panel No. 9. Comments: Dated This information was researched by the undersigned, on request, as a public service. The undersigned certifies that the above information in paragraphs 1-9 is believed to be accurate based on or relating to the information supplied, however, neither the undersigned nor the City assumes liability for errors and omissions. All information was obtained from public records which may be inspected during regular business hours. Signature Title Date 0 CHANHASSEN CITY COUNCIL REGULAR MEETING AUGUST 10, 2015 Mayor Laufenburger called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Paul Oehme, Kate Aanenson, Todd Hoffman, Greg Sticha, and Roger Knutson Mayor Laufenburger: Welcome to this council meeting, not only to those of you present in the chamber but also to those of you that are watching on Mediacom Channel 8 in your homes or somewhere else. Nice to have you with us. First action tonight if regarding the agenda. Council members are there any modifications to the agenda? And if not we will proceed with the agenda as printed. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Tjornhom moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: 1. Approve City Council Minutes dated July 27, 2015 2. Receive Planning Commission Minutes dated July 21, 2015 3. Resolution #2015-50: Approval of Grant of Permanent Easement and Temporary Easement, 9401 Audubon Road, Patrick & Teresa Kocourek; Award Contract to Minnesota Dirt Works to Install Storm Sewer Pipe and Appurtenances. 4. Approve Extension to Purchase Agreement with RBSC Chanhassen, LLC for Redevelopment of Lot 2, Block 1, Gateway East 2"d Addition 5. Approval of Fireworks Display Permit, Resolution #2015- Specialty Pyrotechnics for Display at St. Hubert's Church, 8201 Main Street, September 12, 2015 6. Resolution #2015-51: Resolution Authorizing Redemption of 2004-C General Obligation Tax Increment Financing Bonds (TIF #4 — Downtown Entertainment District) 7. Approval of Summary Ordinance Amending Villages on the Pond Sign Criteria for Publication Purposes SCANNED 0 0 Chanhassen City Council — August 10, 2015 All voted in favor and the motion carried unanimously with a .rote of 5 to 0. VISITOR PRESENTATIONS. None. PUBLIC HEARING: REOUEST FOR VACATION OF STREET RIGHT-OF-WAY, 8805 SUNSET TRAIL, APPLICANT: JAMES AND ROSEANNE BOYUM, Paul Oehme: Thank you Mayor, City Council members. Mayor Laufenburger: Mr. Oehme, nice to see you tonight. Paul Oehme: Very good evening to you. I have a real short presentation about the vacation here. So the subject property requesting the vacation is at 8805 Sunset Trail which is just north of Lyman Boulevard and say west of Powers Boulevard on Sunset Trail. The property survey is shown here. The property was originally dedicated or recorded at the County in 1966 metes and bounds before it was platted. The easement, roadway easement is on the west side of the property line shown here. A 25 foot roadway easement in the shaded area. The property again, Sunset Trail currently ends at the north property line. You can see it here. There's a driveway that runs to the west to service the property here. The right-of-way for roadway is shown here. On our comp plan, City's comp plan there is no need for a roadway connection to the north there. Right now that's Power trail. Power Hill Park out there and there's no need for a roadway right- of-way to that park. Right now there's access provided on the north side of the park so there is no need for this right-of-way to exist. We would recommend if the right-of-way is vacated that a trail easement be dedicated at the same time. The roadway again, the easement is shown here. 25 foot, I blew it up a little bit to show you some of the detail associated with the vacation. There is the existing driveway at 2750 does cross the existing right-of-way that's dedicated on both of these properties so if the right-of-way is vacated at 8805 we would request that the right- of-way be maintained for that driveway. There is a power pole here so the driveway can, it would be very difficult to relocate. Right now the vacation easement shows that there's a one foot separation between the driveway and where the right-of-way vacation would take place. And I can show you on the next slide here that the, what staff is recommending that the one foot offset from the driveway be increased to 5 feet just for normal use of the driveway. Like I said again the driveway would be very difficult to relocate outside of the right-of-way that is proposed to be vacated and our code states, city code states that in 20-1122, paragraph 1 that a reasonable 10 foot offset from the side property lines is recommended. However in this case it's somewhat of a unique situation with the vacation and how the area was dedicated in terms of right-of-way that we think a 5 foot offset from the driveway at the current location would be appropriate. So this drawing again shows what the trail easement would be, where it would be dedicated right on a 5 foot, or 10 foot trail easement on the project property with a 10 foot, or 25 foot vacation so this would be the vacated area here. The area in yellow, the trail easement has, was dedicated at a previous council meeting on June 8 so that one's all dedicated. The area in green here, that's the proposed trail easement before you tonight for consideration. With that staff is recommending that a public hearing be held for this matter at this time and if council .09 CITY OF CNANHASSEN 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: 952.2271110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us • • 7 1UT1 JrU1y1TXT111W TO: Todd Gerhardt, City Manager FROM: Sharmeen Al-Jaff, Senior Planner DATE: August 10, 2015 SUBJ: Approval of Summary Ordinance for Publication Purposes Concerning Villages on the Ponds Planned Unit Development Sign Criteria Planning Case #2015-17 PROPOSED MOTION "The Chanhassen City Council approves the Summary Ordinance for Publication Purposes Concerning Villages on the Ponds Planned Unit Development Sign Criteria — Planning Case #2015-17." City Council approval requires a majority vote. Attached is a summary ordinance for Villages on the Ponds Planned Unit Development/Mixed Use located south of Highway 5, and east of Lake Susan and Highway 101. This city code amendment was approved by the City Council on July 27, 2015. Due to the length of the code amendment, staff wishes to publish a summary ordinance for cost-saving purposes. Anyone wishing to review the entire ordinance amendment may do so at City Hall. RECOMMENDATION Staff recommends approval of the attached summary ordinance. ATTACHMENT Summary Ordinance g:\plan\2015 planning cases12015-17 chanhamen specialtyretail-total wine\summuy ordinance memo.doc Chanhassen is a Community for Life- Providing for Today and Planning for Tomorrow SCANNED 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 607 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CfTY'S ZONING ORDINANCE, BY AMENDING A PLANNED UNIT DEVELOPMENT The purpose of this ordinance is to amend the Planned Unit Development for Villages on the Ponds to allow changes to the sign criteria within Sector II and include a map showing the Sectors. A printed copy of Ordinance No. 607 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 10"' day of August, 2015, by the City Council of the City of Chanhassen. (Publish in the Chanhassen Villager on August 20, 2015) I • • August 3, 2015 CITY OF Building Inspections Mr. Randy Rauwerdink 7700 Market Boulevard Venture Pass Partners, LLC PO Bax 147 This letter is to formally notify you that on July 27, 2015, the Chanhassen City Council Chanhassen, MN 55317 19620 Waterford Court Engineering Shorewood, MN 55331 Administration Phone: 952.227.1100 Re: Chanhassen Specialty Retail / Villages on the Ponds I I'Addition Fax: 952.227.1110 Planning Case #2015-17 Building Inspections Dear Mr. Rauwerdink: Phone: 952.227.1180 Villages on the Ponds I ld Addition. The park fees will be collected in full at the Fax: 952.2271190 This letter is to formally notify you that on July 27, 2015, the Chanhassen City Council Planning & adopted the following four motions: Engineering 2• The fees collected with the final plat are: $54,610.02 Surface Water Management Phone: 952.227.1160 Engineering Fax: 952.227.1170 Approve preliminary and final plat for Villages on the Ponds 11"h Addition, Planned Phone: 952227.1125 Unit Development Amendment and Site Plan for the Chanhassen Specialty Retail Finance Store as shown in Plans dated received June 18, 2015 and subject to the following Phone: 952.227.1140 conditions and adoption of the attached Findings of Fact and Recommendation: Fax: 952.2271110 on the uses within the building. Park & Recreation 1. SUBDIVISION Phone: 952.227.1120 Fax: 952.227.1110 Park Recreation Center 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall 2310 Coulter Boulevard be collected as a condition of approval for the proposed plat of Lot 1, Block 1, Phone: 952.227.1400 Villages on the Ponds I ld Addition. The park fees will be collected in full at the Fax: 952.227.1404 rate in force upon final plat submission and approval. Based upon the current Planning & commercial park fee rate of $12,500 per acre, the total park fees would be $33,875. Natural Resources 2• The fees collected with the final plat are: $54,610.02 Surface Water Management Phone: 952.227.1130 Engineering Fax: 952.2271110 parcels @ $10/parcel). Chanhassen is a Community for Life • Providing for Today and Planning for Tomorrow SCANNED 1. The plat must be revised to include a 10 -foot wide perimeter drainage and utility Public Works easement on Lot 1, Block 1. 7901 Park Place Phone: 952.227.1300 Fax: 952.2271310 2• The fees collected with the final plat are: $54,610.02 Surface Water Management fee, $33,875 Park Dedication fee, and the $55 GIS fee ($25 for the plat + 3 Senior Center parcels @ $10/parcel). Phone: 952227.1125 Fax: 952.2271110 3. City water (WAC), city sewer (SAC) and Metropolitan Council sewer (Metro Website SAC) fees will be collected with the building permit and will be calculated based www.ci.chanhassen.mn.us on the uses within the building. Chanhassen is a Community for Life • Providing for Today and Planning for Tomorrow SCANNED Mr. Randy Rauwerdink • • August 3, 2015 Page 2 Water Resources 1. An estimated $54,610.02 in storm water utility connection charges shall be due at final plat. 2. The property owner shall execute and record against the property a maintenance agreement in a format provided by the city for the pervious pavement, underground filtration, sump manholes and Contecb JellyfishTm Filter. 3. The applicant shall apply for and procure all other necessary permits. 2. SITE PLAN En 'ngi eering 1. Based on the proposed grading on the north side of site the grading plan may require some revisions in order to maintain drainage from the existing improvements to the north. Buildine a. The buildings are required to have automatic fire extinguishing systems. b. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Detailed occupancy -related requirements will be addressed when complete building plans are submitted. d. Provide a 1:200 scale drawing of subdivision. e. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Fire Marshal 1. Provide a three-foot clear space around fire hydrants. 2. Yellow -painted curb and "No Parking Fire Lane" signs will be required. Applicant shall contact Fire Marshal for specific locations. 3. No P.LV. (post indicator valve) will be required. Natural Resource Specialist 1. The interior width of all islands must be a minimum of 10 feet. 2. A total of 13 trees must be planted within the vehicular use area. Mr. Randy Rauwerdmk • • August 3, 2015 Page 3 Planning: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The street/sidewalk lights along Main Street have to be preserved and operational when the site construction is completed. 3. Approval of the site plan is contingent upon approval of the Planned Unit Development amendment and Subdivision. 4. The light poles may not exceed 20 feet in height. 5. All Wall Packs (WPI) shall be replaced with Wall Packs (WP2). Water Resources The Surface Water Pollution Prevention Plan with all elements required by the NPDES Construction Permit shall be prepared and supplied to the city for approval prior to any earth - disturbing activities. 2. Proof of the NPDES Construction Permit having been procured by the applicant shall be supplied to the city prior to any earth -disturbing activities. 3. A dewatering plan, specific to the existing pond, shall be prepared and submitted to the city for review and approval prior to any earth -disturbing activities. 4. Areas immediately tributary to the pervious pavement, including disturbed areas behind the back of curb, must be stabilized within 24 hours of construction of the pervious pavement areas. 3. PLANNED UNIT DEVELOPMENT AMENDMENT "The City Council approves the Planned Unit Development amendment in the attached ordinance for villages on the Ponds to allow signs to be placed higher than 20 feet within Sector I, and for the size of letters to be increased to 48 inches along the west and north elevations as shown below (amendments are shown in bold), and including the attached Findings of Fact and Recommendation: Wall Signs The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend greater than 20 feet above the ground. In Sectors I and II, sign height may be increase based on the criteria that the signage is compatible with and complementary to the building architecture and design. The letters and logos shall be restricted to a maximum of 30 inches in height except along the north and west elevations for buildings within sectors I and H. These letters may be increased to 48 inches. All Mr. Randy Rauwerdink • • August 3, 2015 Page 4 individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing. 2. If illuminated, individual dimensional letters and logos comprising each sign may be any of the following: a. Exposed neon/fiber optic, b. Open channel with exposed neon, c. Channel Letters with acrylic facing, d. Reverse channel letters (halo lighted), or e. Externally illuminated by separate lighting source. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area unless the logo is the sign. 4. Within Sectors I and II, architecturally, building -integrated panel tenant/logo sign may be permitted based on criteria that the signage is compatible with and complementary to the building design and architecture. Architectural elements specifically created to increase signage height are prohibited. 5. Backlit awnings are prohibited." Attached is a Site Plan Agreement for you to sign and return with the security in order for the document to be recorded. Please refer to the enclosed checklist which stipulates all of the submittal requirements for recording the final plat and associated documents. If you have any questions, please call me at (952) 227-1134 or e-mail me at saliaffAci.chanhassen.mn.us. r Sharmeen Al-Jaff Senior Planner Enclosures c: Northcott Company, 250 Lake Drive East, Chanhassen, MN 55317 ec: Stephanie Smith, Project Engineer Jerry Mohn, Building Official 9:\plan\2015 planning cases\2015-17 chanhassen specialty mail -total win6approval lettendoc 0 0 ITEMS REQUIRED FOR FINAL PLAT RECORDING The following items are required to be submitted for recording of the following plat and associated documents: VILLAGES ON THE POND 11T3 ADDITION Two signed Final Plat Mylars ("Official Conn' and "Cily Co ) Three 1" = 200' scale paper copy of the final plat (for Carver County) One, 1" = 200' scale mylar reductions of the final plat One, I" = 200' scale mylar reductions of the final plat (with street names and lot and block numbers only) Mortgage Holder Consent to Plat Quit Claim/Warranty deed (if deeding an outlot to the City) SWMP Fee: $54,610.02 Park Fee: $33,875.00 GIS fee ($25 for the plat + 3 parcels @ $10/parcel): JIL20 Digital copy of the final plat in Axf and .tif formats (.pdf compatible) in Carver County coordinates Digital copy of the HydroCAD model. The following must be done before the plat can be filed: Current year property taxes must be paid in full and any delinquent property taxes or green acres taxes must also be paid. A copy of the title commitment or deed must be provided if the developer has closed on the property recently since County records will not likely be updated. CITY OF CHANHASSEN SITE PLAN AGREEMENT #2015-17 CHANHASSEN SPECIALTY RETAIL SPECIAL PROVISIONS AGREEMENT dated July 27, 2015, by and between the C= OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Pond Promenade Ventures, LLC (the 'Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for Chanhassen Specialty Retail, a 19,909 square -foot, one-story commercial building (referred to in this Agreement as the "project"). The land is legally described as Lot 1, Block 1, Villages on the Ponds l Ph Addition. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Agreement and furnishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A: Site Plan prepared by Sambatek, dated 06/01/15 revised 06/05/15 and 06/18/15. Plan B: Grading Plan prepared by Sambatek, dated 06/01/15 revised 06/05/15 and 06/18/15. Plan C: Landscape Plan prepared by Tushie Montgomery Architects, dated 06/05/15 revised 06/18/15. Plan D: Utility Plans prepared by Sambatek, dated 06/01/15 revised 06/05/15 and 06/18/15. Plan E: Erosion Control Plan — Phase 1, prepared by Sambatek, dated 06/01/15 revised 06/05/15 and 06/18/15. Plan F: Erosion Control Plan — Phase 11, prepared by Sambatek, dated 06/01/15 revised 06/05/15 and 06/18/15. Plan G: Floor Plan prepared by Tushie Montgomery Architects, dated 06/05/15 and 06/18/15. Plan H: Site Lighting Plan prepared by Tushie Montgomery Architects, dated 06/05/15 and 06/18/15. Plan I: Roof Plan prepared by Tushie Montgomery Architects, dated 06/05/15 and 06/18/15. Plan J: Exterior Elevation Plan prepared by Tushie Montgomery Architects, dated 06/05/15 and 06/18/15. 4. Time of Performance. The Developer shall install all required screening and landscaping by October 1, 2016. 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 cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Agreement, the Developer shall famish the City with a letter of credit from a bank, cash escrow, or equivalent ("security') for $40,000.00 (storm sewer, erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURESFOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Randy Rauwerdink Pond Promenade Ventures, LLC 19620 Waterford Court Shorewood, MN 55331 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. City Council approves a site plan for a 19,909 square -foot, one-story specialty subject to the following conditions: Engineering 1. Based on the proposed grading on the north side of site the grading plan may require some revisions in order to maintain drainage from the existing improvements to the north. Building 1. The buildings are required to have automatic fire extinguishing systems. 2 0 2. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Detailed occupancy -related requirements will be addressed when complete building plans are submitted. 4. Provide a 1:200 scale drawing of subdivision. 5. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Fire Marshal 1. Provide a three-foot clear space around fire hydrants. 2. Yellow -painted curb and "No Parking Fire Lane" signs will be required. Applicant shall contact Fire Marshal for specific locations. 3. No P.I.V. (post indicator valve) will be required. Natural Resource Specialist 1. The interior width of all islands must be a minimum of 10 feet. 2. A total of 13 trees must be planted within the vehicular use area. Plannine: I. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The street/sidewalk lights along Main Street have to be preserved and operational when the site construction is completed. 3. The light poles may not exceed 20 feet in height. 4. All Wall Packs (WPI) shall be replaced with Wall Packs (WP2). Water Resources 1. The Surface Water Pollution Prevention Plan with all elements required by the NPDES Construction Permit shall be prepared and supplied to the city for approval prior to any earth - disturbing activities. 2. Proof of the NPDES Construction Permit having been procured by the applicant shall be supplied to the city prior to any earth -disturbing activities. 3. A dewatering plan, specific to the existing pond, shall be prepared and submitted to the city for review and approval prior to any earth -disturbing activities. 9 0 4. Areas immediately tributary to the pervious pavement, including disturbed areas behind the back of curb, must be stabilized within 24 hours of construction of the pervious pavement areas. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. 13 STATE OF MINNESOTA (ss COUNTY OF CARVER 11 CITY OF CHANHASSEN EIM a 11 Denny Laufenburger, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this --day of , 2015, by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. (SEAL) STATE OF MINNESOTA ( ss. COUNTY OF NOTARY PUBLIC POND PROMENADE VENTURES, LLC Its The foregoing instrument was acknowledged before me this — day of 2015 by of Pond Promenade Ventures, LLC. DRAFPED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 the NOTARY PUBLIC CITY OF CHANHASSEN SITE PLAN AGREEMENT EXHIBIT "A" GENERAL CONDITION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plans E & F, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. r � J 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attomeys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Agreement. D. Breach of Contract. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract F. Occunancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waiver; shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recordine. This Agreement shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every 7 right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 am. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Ssem. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws. Ordinances and &egWations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 0 0 CONSENT 0 Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Agreement, 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 them. Dated this _ day of 12015 0 STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2015, by , the of _ NOTARY PUBLIC DRAFTED BY: City ofChanba 7700 Market Boulevard P. O. Box 147 Cti- anhhassm, MN 55317 (952) 227-1100 MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this _ day of 2015. STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2015, by the NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 9'\p1m\2015 plemmg cases\2015-17 chanhac m specialty retail -total wine\site plan agreetnentdoc 10 of 0 Chanhassen City Council — July 27, 2015 Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves the request for an off sale intoxicating liquor license from Minnesota Fine Wine and Spirits, LLC dba Total Wine and More at 510 Lake Drive. Approval of the license would be contingent upon the council approval of the site plan, subdivision and PUD amendment; issuance of a certificate of occupancy and final approval by the Minnesota Alcohol and Gambling Department. All voted in favor, except Councilwoman Ryan who opposed and the motion carried with a vote of 4 to 1. Mayor Laufenburger: Thank you folks very much for your patience and we're going to take just about a 3 minute recess for recovering our biological functions so we're in recess for 3 minutes. (The City Council took a short recess at this point in the meeting.) REQUEST FOR AMENDMENT TO PLANNED UNIT DEVELOPMENT: PRELIMINARY AND FINAL PLAT APPROVAL OF APPROXIMATELY THREE ACRES INTO ONE LOT AND ONE OUTLOT (VILLAGES ON THE PONDS 11TH ADDITION): AND SITE PLAN REVIEW TO CONSTRUCT A 19.909 SOUARE FOOT LIQUOR STORE ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT (PUD). APPLICANT/OWNER: VENTURE PASS PARTNERS, LLC/NORTHCOTT COMPANY. Mayor Laufenburger: May we have a staff report please. Kate Aanenson: Thank you Mayor, members of the City Council. Again Chanhassen Specialty Retail, which we know as Total Wine did appear before the Planning Commission on July 7'^. Again we did talk about some issues regarding liquor but, as I advised the Chairman their job was to talk about the site itself which is what this review is so our charge here is to look at the site plan. Does it meet the ordinances in place and so we've recommended, given you a recommendation on that and I'll go through that. Now again Venture Pass Partners and the developer, underlying developer Northcott. So again we know where it is. Located in Villages on the Pond. Again it was graded out for an office building. Office park. It does have water. It does hold water the rain events but you can see the Village on the Pond is actually in this area here so. Did I state that the Planning Commission voted 6-0 to recommend approval. I don't know if I, sorry. Mayor Laufenburger: I don't know if you did but it was in the packet so we're, council's aware of that. Kate Aanenson: I'll get in the right zone here. So I just want to give you a little bit of history of Villages on the Ponds. We had our few snippets here and there trying to put the whole thing together. At the time really the impetus, as we talked about this, was St. Hubert's Church. St. Hubert's Church was looking for another location and didn't have the cash on hand to buy what they believed was the appropriate square footage so they also, the underlying developers at that 84 SCANNED 0 0 Chanhassen City Council — July 27, 2015 time also wanted to provide additional commercial, which was really controversial at the time to move some commercial across the street. Vemelle can testify to that. So we worked to try to achieve mutual goals. One of the other goals was for it to kind of have housing in this area and also to provide some additional in close proximity office industrial. Again during those hearings they were very similar to what happened tonight. A lot of feelings that this is not a good decision to move commercial across the street. Some people in the surrounding neighborhoods actually chose to move because they didn't feel it was a good idea but St. Hubert's went in. They were the lead group that went in so we really saw this as the village because you had the cultural element there with the church and the community gathering place. We also saw it as an opportunity for the extension, kind of they have the Main Street on there for other opportunities and so we put together the shared parking. So this is the time of new urbanism. We'll go back in 1995 where we have vertical/horizontal mix so we actually had anticipated kind of the quaint, what you would see maybe in Wayzata and Excelsior. Where you had individual smaller stores and to do that as was stated earlier we said no single user could be bigger than 20,000 square feet and that was to make sure we captured that more boutique type feel. So there is shared parking. One of the things that came out of this is, they wanted on street parking. At that time our engineering department said it will not have on street parking on public streets and so the developer came back and said okay we'll make them all private, except for the one public through street that is there today. So that's a brief history of it. A little bit further I'll talk a little bit more about some of those thresholds that were put in, that were studied under the environmental assessment document. So tonight you're looking at 3 applications for review. A subdivision, a site plan and a PUD amendment for the signage. So Villages on the Ponds uses, so this was what the original concept for the uses. You can see was for the institutional. St. Hubert's has added on. Their school added on for the institutional. That was again anticipated, oh we're missing a zero there. 100,000. 134,000 so it's bigger than that. The residential uses were kind of right in what imagined there. And going back to Presbyterian Homes we hadn't anticipated Presbyterian Homes. That's really probably one of the true ones that we envisioned at the time with the new urbanism project where you have commercial underneath but the difference there is that we ended up with a senior housing which is a little bit different kind of captive audience and disposable income that we thought would be there. You know I think the original was that would be all different types of housing so that was a little bit different as far as some of the, we looked at parking. We talked about that. Seniors don't have, not a lot of those, not all the seniors in there have cars or parking needs so that freed up some of the parking in that development itself and then the commercial office, so we still have another 92,500 square feet for commercial or office opportunities there so we haven't maxed out the development which is the point I was trying to make before. I apologize that that chart wasn't that clear. So these are just to give you an idea of some of the uses that are out there and architectural style. So this is, is a PUD and in that PUD we are very prescriptive on some of the things that went in here and that was architecture to be different. To call out types of materials which we hadn't done in the past and then also the sign package was a lot different. Again when we originally put this together we thought there'd be cute little signs that would be hanging out facing the street and as it turned out over time, as we've talked about, as the market changed you had to respond to some of that so when Americlnn went in right away that was a taller sign. That area was given more height than some of the signage but you can look at Houlihan's and Culver's. When Culver's went in we recommended, the planning staff recommended against drive thru's. We didn't want this. We wanted it to be walkable and at that time the City Council disagreed and supported the drive 85 r • Chanhassen City Council — July 27, 2015 thru and so there has been things in there that have changed over time. You know one of the things we always saw as a key component was a delicatessen. Those sort of things. More boutique but as it ended up Lakewinds, which is a great component to having a grocery store in walking proximity of some of that. Or like we talk about two trips. You maybe go to church or drop your kids off at school or swimming lessons. You can pick up some groceries within that proximity. And then we've got Lake Susan Apartments which is across the street. They also do, we talk about that with the pedestrian access. Lake Susan Apartments was again one of the early ones to come in here and that again allowed built in consumers to participate in some of the activity over there. With this PUD we also took a significant amount of green space on the southern end that wasn't developable. Originally I think they wanted to do some sort of dock boating sort of things but we kept that as natural preserve area so the hard cover is able to maximize more because we preserved under the PUD we balanced that out so that was some of the framework issues as we put this together. So some of the uses we have in there weren't on our radar. You know Foss School was our first prototype that was outside of an inside a shopping mall. It's been a great component to the center and now you can see we've got the village shops that are underway and we talked about those earlier. Davanni's and who am I missing there? Todd Gerhardt: Hurricane Grill. Kate Aanenson: Thank you. So kind of the history and you can see the different types of architectural application there so this again we had restricted the amount of EIFS and the like. So here's the overall parking. I want to show you that because that's come up time and time again so required 1,631 and then provided 1,712. Now to be clear are there times that some of the restaurants it's crowded but they can overflow and that's how it was set up. That was always part of the original plan is that there's going to be ebbs and flows in uses. It's really not unlike what we have at the Legion and Park Nicollet. The Legion's going to have bigger parties at night, on the weekends and they use part of Park Nicollet's so it's that sharing. That group sharing and again that's all managed as a part of the HOA. If there's questions on any of these as I'm zipping along. Mayor Laufenburger: By the way Kate, your reference to Park Nicollet and American Legion, somebody should probably remind Park Nicollet of that because there are times that I've seen them with people patrolling saying oh no, you can't be in here. Kate Aanenson: Oh yeah. Yeah that was part of their original agreement to work together on that so. So the parking as indicated, there's sufficient parking and there's going to be peak times. Whether we talked about whether it's Foss Swim School or peak times if there's a program at the church or maybe a very large funeral that's going to spill over and but everybody kind of knows. Like maybe there's some spots in Summerwood. People learn to navigate that if they're a frequent user of that area. I'm going to let the City Engineer talk a little bit about the trip generation. This is what we were referring to earlier. We had put in the fust part and then we added in what the previous use was with, that got approved and that was the grocery so. Paul Oehme: Mayor, City Council members. This graph shows basically what we are projecting for trips to be generated for the proposed use on this site. So 19,900 square foot building using 86 0 0 Chanhassen City Council — July 27, 2015 our trip generations IT manual that are used nationwide for these types of uses. We're projecting about 880 trips per day so it's not, it's a total day. It's not an hourly trip generation but it's a per day basis. What was originally envisioned for this particular site through the EAW was up to 36,000 square foot office building which would have generated 1,450 trips and down here it's showing the peak hours. And so and I also wanted to reference the approved plan for this site for the specialty grocers. That's shown down here and that's basically, the specialty grocers was approved for 14,000 square foot plus an additional 8,000 retail strip that would potentially have been built later so in all that, that development piece that would have generated roughly about 1,700. 1,800 trips per day so based upon you know what we, what was already been approved. What the EAW had approved we feel that the total trips generated by Total Wine here is substantially less than what was originally approved by the PUD. 36,000 square foot business and the specialty grocer that was approved last year. Kate Aanenson: So the next thing we'll talk about is the site plan itself. We talked a little bit about, I know there's questions on orientation. I'll show some renderings in a second but this would be similar to what we did with the, looking at the specialty grocery. Hiding similar to what we tried to do with Lakewinds is where you have the landscape wall where you have the single loading dock and then try to get articulation and fenestration on all sides of the building and I think the developer spoke of this. I think the first time they met with us they were a little disappointed in the fact that we rejected their plan outright and sent them back to the drawing board because we felt it didn't meet our architectural standards out there so they regrouped and came back with some pretty significant changes and we believe is consistent with all the other projects we had out there. So again. Mayor Laufenburger: Kate. Kate Aanenson: Yes. Mayor Laufenburger: You made reference to Lakewinds. Is the Lakewinds building in the corner of their property? Kate Aanenson: When you say in the comer, yes. They back up to the street similar like this. Mayor Laufenburger: So they back up to the street. They also back up right to the parking for Starbucks don't they? Kate Aanenson: Well to get into their parking lot but if you go, where their loading dock is, I mean there's times that there's a truck right in that area where you try to get through in there. Waiting to stack into the loading dock and their trash compactor but you can come around the public street. I can go back to that in a second. So they incorporated the EIFS and they incorporated all the articulation that we asked for and I'll go through that in a little bit more detail but the site plan itself, this is the internal. Meets the landscaping requirements and then they're doing the improvements on the additional parking. So I'll go through a little bit more detail in the site plan. So this is the articulation of the building itself. The sign bands. So when we go back to the PUD again I said the original sign premise out there was that we'd have these cute perpendicular signs that would hang over and you'd walk underneath. Again thinking it's 87 • • Chanhassen City Council — July 27, 2015 much more walkable. Probably a little bit more vertical but over time as we've looked at AmericInn and the Community Bank had asked for a variance. We looked at how the use has changed a little bit different than what we envisioned. Potentially the same mix of uses but in different formats so when the specialty grocery came in we looked at doing a sign variance. Now a variance for a sign has different criteria but we also make it specific to that and in doing that we thought we should really level the playing field for everybody else within that district and I'll show you a little bit, there was a sign comparison in the executive summary, I'll go through that but this is the material sample. I have the sample board here too. Again metal roof. Brick, kind of the cement masonry units. Cut face block which is similar to what we have out there already. Again awnings. Again highly articulated on all sides. And again screening so it meets the city code. We've got the lighting. We have wall packs and then parking lot lighting consistent with the PUD. So we'll talk a little bit here about the PUD amendment. So originally in the Sector 1 is where we allowed some of the wall signs to go on because they had the visibility from Highway 5 but then we looked at the bank and we gave them a taller wall sign via variance. We've already given one so we looked at the Sector 2 because we had given it to the specialty grocery and the Planning Commission and the City Council agreed to that so when the applicant came in they said well we'd like to try for the same one. Then we did say well instead of looking at that on a case by case basis, let's treat everybody in that sector the same. So the unique thing, attribute about this site is that it does have 4 frontages on a street, and that's how our ordinance works. It says if you have, as this was spelled out by somebody else at the hearing earlier, if you have frontage on each street then you're allowed a wall sign and it's all prescriptive in the fact, it depends on your height and the width of that wall frontage and it caps because we said you can't make your building artificially big to maximize that so there's a cap that all businesses would be bound to. So there's different sectors that have different requirements for signs so we're in Sector 1 and that's what we're recommending. Not the variance but the PUD amendment so everybody else would be treated the same that would be in that same sector. So if you look at this, this kind of shows you where their main visibility is. They're looking across the pond so that's the one visibility and then to 101 so those are the ones that we said we would support them being larger. Getting the most visibility as the hotel did. And then these would be the two smaller ones. Again they all have access facing a street and that's what our ordinance says. Again the height was restricted to no more than 20 feet so the height on their proposed sign is between 21 and 27 feet so that's the second part of that. To go higher than one story. So this is the sign band located on the building. This is north and west elevation. And then this is again is a little bit more articulated rendering of the building itself showing, you know we require pitched roofs in this PUD and so you can see there's different interpretations of that so this does meet that requirement. It's a parapet type pitch and then the pitched element up here. So I was asked to do a comparison of all the other liquor stores and then I also wanted to compare apples to apples and show what else we had in Villages on the Ponds so if you look at Haskell's, they could have put in, they have one frontage and that's frontage on Highway 5. So they were allowed 164 square feet. They used 85.5 and that has to do a factor with the size of the building or if they would have created you know a taller building to make that happen so they didn't capitalize that so they have two signs so there must be one over the door on the other side and then Cheers same thing. They could have had 194. Went with89. Lunds and Byerly's just came in for a variance because as you know they just put the two names together and changed their logo and so cumulatively they have, so it's hard for me to break it down because they came in cumulatively but they also did receive a variance on that. 88 0 0 Chanhassen City Council — July 27, 2015 Then the Century Wine could have gone to 91 to 150. They came in at 62. That's the BN's the underlying district and they have 3 signs on 3 different elevations. So that's the one that's located north of Highway 5. And then 7 and 41, the liquor store up there. There's 2 signs on the building. East elevation is 72 and the north elevation is 31 so again they could have gone up to 160. Now that was already an existing building that they went into so that architecture was already set in place. Mayor Laufenburger: Have they, that on 7 and 41, they are on the corner. They're on the east end of that strip aren't they? Kate Aanenson: (yes). Mayor Laufenburger: Is there room for anybody else to be building next to them? Kate Aanenson: Well we've got 2 pads that are going to go in and that's closer to the 41 side. Mayor Laufenburger: Okay but they're not part of that, they're not part of the building. Kate Aanenson: No, they're separate. Separate parcel, yep. Two lots on there. And then Vintage, again we talked about. This is the Kraus -Anderson one. That's in the BN district and they have signs on both east and west sides and again they could have gone to 180. Again a lot of it has to do with the architecture and how you plan for that. Same with MGM, 139 so Total Wine goes from 168 to 213. Again it's capped at 5 percent of your wall space. Now just for comparison I pulled up what we did because you know we had a lot of discussion on the Children's Learning Center and the 50 foot high height and the neon they were trying to use to capture so they're at, their signs which say After School, Preschool, they were, they're located at 22 to 32 feet in height and they're also 168 square feet. So what I'm trying to say is that it really, there's a nexus there between building scale and if you go into an existing building that's already pre-set for you as opposed to building where you can accommodate what you want to on your sign package so again our rational basis for was that the fact that we'd given it to the grocer that we felt like, instead of doing it via a variance that would be more fair for everybody else and that could capture that same opportunity for a future building to do that and we already had given the variance to the bank. So looking at those, kind of what, you know comparing what's in that PUD would be the AmericInn at 195. Community Bank could have gotten 200. They came in at 108 and then Lakewinds, they could have gone to 179 and 60. Now within the sign ordinance itself you're allowed to put a graphic in there so every sign's different in the fact that how many words they have. You know like we know Lunds and Byerlys need a variance because they said now we're, they even dropped the apostrophe to make it work so, that's what they told us to make it work in other cities so there's just different ways that people approach the sign so it's hard for me to say, you know when the question was asked, they're all a little bit different. Have different needs so any questions on that? Mayor Laufenburger: So just to restate Kate, the signage that's being recommended for approval. I know you call it a PUD amendment but the signage that's being recommended for approval for Total Wine is consistent with the signage that was approved for the specialty grocer which is not going in there. ris • • Chanhassen City Council — July 27, 2015 Kate Aanenson: Correct. And it wasn't like we encouraged them to do it. We just said if they're going to apply for a variance, which they wanted to do because they applied before, and they said why wouldn't we apply again? We said we think the correct route is to really to level the playing field for everybody else and again this is a different sector so our amendment is to allow it to go higher than 20 feet and would be Sector 2 that would be now, the PUD amendment would be fore. Mayor Laufenburger: Okay. Kate Aanenson: So the plat, so this is one outlot and to have a building lot you must plat it so this would be creating Lot 1, Block 1. Outlot A is the private street that would be under the association. Now in our staff report we talked about preliminary and final. I know there's been some suggestion about potentially doing a traffic report so if you are going to move in the direction doing a traffic report then my recommendation would be that you just approve preliminary at this time and if you added a condition to do the traffic study then typically what we'd do, we'd review that unless there was a problem then we would, we would do a, put that on consent with a staff report saying how they had met or addressed that. Mayor Laufenburger: But if we did that Kate, if we approved preliminary subject to traffic or successful traffic study, then it automatically will come back to the council. Kate Aanenson: Yeah. Mayor Laufenburger: Even if it's on the consent agenda but it will be, it will come back for review. Kate Aanenson: Right exactly but the report would be available for anybody to look at, absolutely. Mayor Laufenburger: Okay. Kate Aanenson: Yep, so with that I'd be happy to entertain any questions you have but we are recommending approval. Again then just the question there is whether you added the final plat and wanted to add a condition on a traffic study. Mayor Laufenburger: Okay. Is there any questions from council of staff? Councilman McDonald: I guess I've got a question. Mayor Laufenburger: Councilman McDonald. Councilman McDonald: Okay I, explain to me why we need to do a traffic study. We've gone through the thing with the specialty grocery store and we looked at the numbers there. We did the study when the original platting was done and you look for much higher densities at that point as far as traffic. What is this going to tell us exactly? They're private roads inside of there Chanhassen City Council — July 27, 2015 so we're not going to say you've got to widen your streets or anything such as that. The city road that goes through there, that's not going to change either. What are we going to get out of this study and who pays for it? Paul Oehme: Mayor, City Council. Councilman McDonald. So I think it would give maybe some folks a level of reassurance that the EAW that was drafted and some of the assumptions in traffic numbers that we put together are validated. We'd look at you know intersection, level of services. We'd look at intersections on maybe Highway 101 and Great Plains and look at the intersections at Highway 5. If there's any impacts. Basically looking at all the intersections in and out of the development and see if we can find, if there's a level of breakdown or if there's some other improvements that need to be made to accommodate this development but that was the things that we'd be looking for so. The private streets I want to, they kind of operate as a parking lot right now with the narrowness. There's parking inside the, on the streets themselves so they're, you know if we look at level of services for this development they are going to show a low, low level of service because the traffic is slowing and that's how the development was built and how it was approved so I don't think it's going to show that there's any significant draw below what the level of service in the EAW shows but it's just going to validate it I think is where, and give some folks a better level of understanding or confidence that the whole development's not just going to implode with the amount of traffic that potentially would be generated by this development. Councilman McDonald: Okay and who typically pays for that? Paul Oehme: The developer. And we would lead the project. We'd probably get 3 or 4 quotes from traffic engineers that we've worked with in the past and then work out an agreement with the developer for them to pay for it. Councilman McDonald: Okay, thank you. Kate Aanenson: To kind of piggy back on that. I think one of the things that came up on the grocers is because this is the through street, making sure that it was clearly marked that that would be route for deliveries. That they stay, you know how things go through there. You know just controlling those speeds and that goes to kind of the traffic report. They were concerned about people, other people going, you know cutting through on those smaller roads but again that really is how it was designed to do traffic calming. By having cars parked in the street so you really have to slow down and pay attention so we don't want to say that if you're on the public street that you. Mayor Laufenburger: That you can speed. Kate Aanenson: That you can do whatever you want, right. So I think just some of those other techniques that we can look at. We talked about some other signage or control points that may assist in some of that. Or crosswalks for better visualization of intersections so. Mayor Laufenburger: Did you have a follow up question? 91 0 0 Chanhassen City Council — July 27, 2015 Councilman McDonald: I think that when you mentioned the crosswalks and everything, that's one of the things that we would point out if there's a need for that based upon perceived pedestrian traffic and such. Okay. Mayor Laufenburger: But make it clear, that was one of the desires for Villages on the Ponds was pedestrian traffic right? Kate Aanenson: Yes. Mayor Laufenburger: Yeah, okay. Any other questions for staff? Council members. Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilwoman Ryan, go ahead. Councilwoman Ryan: It's not as much a question but an answer to Councilman McDonald because I believe I was one that was bringing up the traffic issues. You know the reason why I think traffic studies are often done and we refer, we're waiting for the traffic study for the potential development on Lyman and 212 to see if the, that location where the proposed development is going to go can handle the volume of cars and I still come back to this study was done 20 years ago and we, every proposal, or you know these proposals or I've gone to the City to ask about crosswalks or stop signs and there has to be a traffic study done in order to make those things move forward. And so the request to have a traffic study is because I still do not believe that this is the right location for Total Wine and I would like to see evidence to show me, and I would you know feel a little more comfortable. I still don't necessarily know if I, it still doesn't seem like a fit to me in that location because of the regional nature of Total Wine's business but it's a concern and whether or not even the city that comes back to us and staff has a report that says yes, the traffic patterns are great. You know they're, we live it and we drive it and so we know what we experience when we're in there and it's, it's not a good driving situation as it is today and yet we're basing this proposal and this information on a study that was done 20 years ago which was a very different Chanhassen and the region, or the trade area as it's referred to was a very much different situation so that is why I think a traffic study is important because we always do them and I think we need to be consistent and I think it's important to have that information to move forward. Mayor Laufenburger: Mr. Oehme can you answer this question for me? When the PUD was originally, application was made for this were there industry standards or tables or calculators or something that you used to predict trips? Is that how you did that? Paul Oehme: That's correct so the ITE manual. Mayor Laufenburger: What does ITE stand for? Paul Oehme: Institute of Transportation Engineers. 92 0 Chanhassen City Council — July 27, 2015 E Mayor Laufenburger: Okay, so this is a document that engineers, far smarter than me, use to predict traffic patterns. Traffic movement, things like that. Paul Oehme: Correct. So what they do, they look at retail or specific kinds of commercial applications and they actually go out and measure and quantify how much traffic those are. Mayor Laufenburger: Banks are different than restaurants. Paul Oehme: Exactly so they have numbers for each of those based upon the square footage and what type of use it has. So that's the numbers that we base our estimates on is what the ITE manual generates or has calculated and estimated for those type of uses. Mayor Laufenburger: How long has that manual been in operation? Since cars began? Paul Oehme: Longer than I've been around so. Mayor Laufenburger: Well that's not very long. Okay, so let's bring this forward to 2015. 2015, do we still use that ITE manual? Paul Oehme: Yes we do and it gets updated every so often as well as new information becomes available so. Mayor Laufenburger: And new information would become available in the form of how consumer behavior changes at banks or at, I mean I'm sure banks don't get nearly the traffic today that they got 20 years ago right? Paul Oehme: Correct. Mayor Laufenburger: And I don't know, maybe coffee shops get much more today than they did so this manual that gets updated have you applied the new manual to some of these stores? Paul Oehme: We're just using the latest. Mayor Laufenburger: You're using the latest predictor. Paul Oehme: The latest version. Mayor Laufenburger: The latest version available to you from these International Traffic Engineering organizations. Paul Oehme: Right. Mayor Laufenburger: And what does that current manual say about traffic, trips and yeah. Trips in a specialty wine shop today, what does it tell you? 93 Chanhassen City Council — July 27, 2015 Paul Oehme: So the Total Wine is the green line on the power point here. So using the ITE manual the 814 is your specialty retail grocery or that fits this category so it tells you that based upon 19,900 square foot building, you're going to generate about 824 or 820 trips per day from that use so it's I don't know, it's probably 24 trips per day per square foot or there abouts. Mayor Laufenburger: So if I read this correctly in 1996, the 1996 PUD, what does GLA stand for Kate? 36,000. Kate Aanenson: Gross leasable area. Mayor Laufenburger: Okay, gross leasable area. For 36,300 which was the amount of gross leasable area predicted back in 1996 the ITE manual said you're going to get 1,450 trips per day, correct? Paul Oehme: Right. Mayor Laufenburger: And today what you're saying that manual or the current version of that manual is saying that 19,900 square feet of Total Wine and More is going to create 820 trips per day. Paul Oehme: That's correct. Mayor Laufenburger: Okay, so where's that 36,300 GLA? Where is that located? Is that located beyond the current plot? Kate Aanenson: Well I can address that. Mayor Laufenburger: Please. Kate Aanenson: So that would have been again the shape of all the uses that were in there were under that by 92,000. Mayor Laufenburger: All of the uses in the piece of property that's going to be called Lot 1, Block I? Kate Aanenson: No. All of the uses in the PUD. So we have those different sectors. So the retail is different than was originally studied. It's less intense so we were anticipating another 92. There is some additional sites that could be built on but it's not built to the capacity that we studied. It's under that capacity. Mayor Laufenburger: What's the, if you take Total Wine. Take that 19,900 square foot out of that gross leasable area, how much square footage is over there now? Is in place in the Pond right now? Kate Aanenson: Well we had a different user there and I can't remember, so that we had the, as we talked about, we had underground parking with a hotel on the top. 94 0 Chanhassen City Council — July 27, 2015 Vemelle Clayton: Extended Stay hotel. Kate Aanenson: Yeah. Do you know how many square feet? Vernelle Clayton: And they had conference room... Kate Aanenson: Do you know what the total square footage was? Vemelle Clayton: It was 26,000 for the footprint times 3. 0 Kate Aanenson: Times 3 so it had 3 stories at 26,000 so it had a conference center and the like so yes, it was more intense. Again that's what I'm saying the original concept would have been this site would have been more vertical. Mayor Laufenburger: So we're replacing what was thought in 1996 was going to be a 78,000 square foot multi-level with a single level, 19,900 square feet and we're hearing from Mr. Oehme that the traffic, or the trips that would have been generated before were 1,450 and now the predictor is 820. Kate Aanenson: I would say that a little bit differently in the fact that we studied the total office and commercial under one scenario. We didn't know about the hotel. That came in much later but made certain assumptions about institutional uses. Residential uses. You know we predicted there would be 323 and we missed by 1 so. Todd Gerhardt: First come first served. Kate Aanenson: So anyway so the office and commercial, again we made an anticipation there'd be 291,000 gross square feet of commercial retail so we didn't specifically there. We said overall this is where it would be and as things took shape we always measure what is the total under that environmental document, what's the total we anticipated for that so we didn't go over that because the trip generation was the driving force of what uses could go in there. That was always our measuring stick so what I'm saying is that we're under that. Mayor Laufenburger: Okay. Kate Aanenson: And that other project would have been closer to the max. Mayor Laufenburger: Councilman Campion, you have any comment or question? Councilman Campion: Yeah just a follow up question for Mr. Oehme. So I get the tables and the manuals suggest that for a retail store of this type, of this size it predicts this but would an updated EAW take into consideration extra factors such as adjacent businesses that may be new as well as the flow, the flow rate of the major crossroads? 95 • • Chanhassen City Council — July 27, 2015 Paul Oehme: Yeah absolutely Mayor, City Council members. So what we would do for a traffic study is actually look at exactly what's built out there and look at the traffic going in and out of the development. We'd look at the uses that are going to be going in there. The two restaurants obviously we're going to estimate those and then add to that potentially the Total Wine as well so we look at the base. What we see out there today for the traffic and then add the new development that's potentially out there and projected in the future as well so we're looking at, looking at a lot of factors when we put the traffic data together and find out if we have a problem with you know access or egress or pedestrian movements and those type of things. Councilman Campion: So is that ITE manual, is that more a rough approximately or a starting point to do then a more detailed analysis? Paul Oehme: Well it's, well the more analysis, the more detailed analysis actually goes out in field and when we generate, when you look at actually the trips that are coming in and out of the development so that's, you know what we're showing here is just the estimated trips generated by the new development that would be going in there so we'd look at exactly what the trips are today in the development and add to that the new trips generated by the proposed. Mayor Laufenburger: The predicted or the estimated. Paul Oehme: The estimated so and then we look at the intersections and potentially what back up's there would be. Kate Aanenson: Peak hours. Paul Oehme: Peak hours and those type of things so. Councilman Campion: Okay. Mayor Laufenburger: You indicated Kate historically the developer pays for that. Paul what's a traffic study on this cost? Paul Oehme: This one is a little bit higher intense than most of them that we have seen so basically we'd have to look at every intersection in and out of the development so there's 2 on 101. Great Plains we'd look at. We'd have to look at Highway 5 and Great Plains. 101 and. Mayor Laufenburger: Lake Drive East? Paul Oehme: Lake Drive East, yep. This intersection over here too so then we always look at the internal intersections as well. How they function so there's a lot of existing data or background data that we have to capture to make sure that we're generating a report that we look at the entire impacts not just for the development but for the public infrastructure and public streets in and around the development. Mayor Laufenburger: I think the happiest days in Market Square are when that parking lot is just jammed packed full and the natural behavior, the natural consumer behavior that kids in is slow 0 0 Chanhassen City Council — July 27, 2015 down. That's the most common in the winter I think. Of course you've got 2 big holidays, Thanksgiving and Christmas. People are, they wish what? Yeah they wish they had a plane probably or a Smart car, something like that. Maybe that's what we need is a Smart car dealership. Do you know anything about that? Todd Gerhardt: We can get you a bike though. Mayor Laufenburger: Councilwoman Ryan did you have any other questions or comments about that? Councilwoman Ryan: I have another comment. Mayor Laufenburger: Sure. Councilwoman Ryan: I find it interesting that nobody has ever heard of the ITE manual before since it's. Mayor Laufenburger: Oh wait, that's not true. That's not true. Councilman McDonald: That's not why, no. Mayor Laufenburger: That's not true and I would also say that your comment earlier about you're the one that raised the question on traffic. You were the one that spoke about it but I think it was on other people's minds as well. The ITE manual has been used and I've seen reference to the ITE manual many, many times. The question that I asked of Mr. Oehme wasn't for my own benefit. It was really for the benefit of those people that are watching at home and also other people that may not know about it so that's a manual that is repeatedly used by Paul or by Carver County or by anybody. It's a predictor. You know it's what we use to plan for movement around parks. Around. Councilman McDonald: We used it at Walmart. Mayor Laufenburger: Walmart, absolutely. Councilman McDonald: Powers intersection. Councilwoman Ryan: So but why is it being used in this case and when we talk about the regional mall and the, and Lyman or at, and that they had done a, you know, we're asking them to do an AUAR. Kate Aanenson: Yes, I can answer that question because when we did that AUAR 40 or more acres of that was guided low density residential so when the Comprehensive Plan we up zoned all that property to regional commercial so the traffic study for that was out of date because we didn't, we accommodated residential growth and not industrial so what I was trying to point out here is we did accommodate that and we're under. On the other project we up zoned it and we 97 0 • Chanhassen City Council — July 27, 2015 hadn't accommodated for it so we were going to overshoot that and we needed to study what that was. Councilwoman Ryan: And same for the Children's Learning Center. Because we got a traffic report for that and traffic. Kate Aanenson: Yes and we changed the zoning on that too. This one we didn't change the zoning so it was consistent but we changed that from up zoned it and that's, we looked at peak hours because that came up as an issue with the apartment project too. They said that that was, we did a traffic study for the apartment and then part of our issue there was to show that there's going to be peak hours will probably be more impactful than the apartment building so we wanted to show what those tum movements would be when you have all the parents coming at the same time to drop their kids off. Councilwoman Ryan: Right, I just have not seen a study or a PUD where we haven't referenced traffic and move, you know traffic patterns and movements and I just, I don't understand that. Mayor Laufenburger: Well Councilwoman Ryan I think that whenever we ask city staff to answer a question about predicting either behavior, consumer behavior. The behavior of water. The behavior of anything, we know that the city staff whether it's Mr. Oehme or whether it's anybody else, they're going to use the tools of their trade which are foreign to us but we ask them to come back with a substantiation of why they believe this or why they feel like they can predict this and in many cases we end up asking them to tum into a little bit of an educator and tell us why is it that that's what you're using as a predictor or why is it that you think that 16 inches of pipe is enough instead of you know 24 inches of pipe. That's what city staff does for us so whether you call it a traffic study or a predicted behavior on consumer behavior driving cars and trucks, it's all the same thing. It means answer this question for us because we don't know the answer to the question. That's what it is for me. Councilman McDonald: Well and hence that was my question of why we're doing this but what I'm willing to accept is that okay if we need to relook at some of these intersections then fine, let's go ahead and spend the money and get the answers. Otherwise what's going to change? That's why I asked the question because I don't think anything is going to change. I mean based upon the years and the studies that went into it in the beginning, that's why I questioned it so it's, I have experience in there too and I understand how it works but that's why you ask the question of staff and that's why you look at these reports and that's what they're based upon. That's all you can base them upon. So that's yeah, in order to relook at some of the intersections, okay it's worth it to do that. Mayor Laufenburger: We'll come back to that if you'd like. Any other questions of staff? Dave Carlin: I know it's not a public hearing... Mayor Laufenburger: We may come to you on that Dave but just hold off on a second. Mr. Oehme can you explain to me how the traffic will move into and out of the property. Or Kate, one of you. M' 0 0 Chanhassen City Council — July 27, 2015 Paul Oehme: The Total Wine? Mayor Laufenburger: The Total Wine property, yeah. Just give me an idea, a visual of how traffic's going to move into and out of. Paul Oehme: Do you want on the site or through the development? Mayor Laufenburger: Well I assume that they're going to come into the development either off 101 or they're going to come off 5 but when they, when they see well I want to go Total Wine what entrances are we going to give them to enter into the parking lot? Kate Aanenson: Yeah they can come in. Mayor Laufenburger: Where are you at? Paul Oehme: Go to the site plan. Kate Aanenson: Pardon me? Mayor Laufenburger: Go to the green and white one that shows the building. Kate Aanenson: Okay this one. Mayor Laufenburger: There, perfect. Kate Aanenson: Yeah, yeah so I mean you can come in, there's an entrance here. The main entrance here. Mayor Laufenburger: So they would come off 101 and make a left turn right into there, okay. Kate Aanenson: Yep, or they can come in on this side also on Pond Promenade. Lake Drive or Pond Promenade. Mayor Laufenburger: Okay, so that's two. Alright. How about, how about delivery vehicles, how are they going to get in? Kate Aanenson: I believe they're coming in the same direction and then they're backing in. Paul Oehme: Right. Kate Aanenson: Yeah. Mayor Laufenburger: So they're coming in off of Lake Drive? Kate Aanenson: Or they could come in this way too. Pit 0 0 Chanhassen City Council — July 27, 2015 Mayor Laufenburger: And then come up here and then back in, okay. Okay. And how many parking places are in there? Is it 194? 164? Paul Oehme: 84 within the parking lot. Mayor Laufenburger: 184? Paul Oehme: 84 in the site itself and then another 74 on street so we're counting the parking stalls on Promenade here. All these stalls are going to be created. All these stalls are going to be created as well. Kate Aanenson: So they're exceeding their requirements. Mayor Laufenburger: Okay. Mr. Carlin you're the applicant for this, did you want to address the council? Dave Carlin: I do and thank you again. So Dave Carlin, Venture Pass Partners again and I did want to introduce Randy Rauwerdink and Jim Ottenstein who are also with the development company and I, you know just in terms of the traffic. We don't have an issue with the cost of a traffic study. You know our circumstances here was this time last fall we were trying to get in the ground with Trader Joe's. We retooled this project as Total Wine. You know it's Minnesota so we're trying... Mayor Laufenburger: What I'm hearing you say is you don't want to, you don't want to delay this. Dave Carlin: Yeah that's my concern is you know and we've got a great relationship with staff and when you hear about you know we've got to come up with a scope of project. We have to get 3 bids. Right now the engineers and consultants are extremely busy. If we've got to drop meters out on the, I mean you know it does two things for us. It potentially delays the project but it also puts us in a situation where if there's still some uncertainty you know relative to our ability to proceed with the project it's really hard to do the final construction drawings and the things we need with the general contractor to be in a position to start the project this fall and then we get into next year we've got the same thing you hear with all the major projects. You've got cost creep in terms of cost but we also have issues with our land seller so I mean it puts us into a difficult position. We had, I mean with staff and also with Vemelle independent of any approval we had already initiated some discussions about some way finding and some things that we would be doing you know internally to make sure that the traffic functioned and you know again, this is an association. It's a little different than just a scattered bunch of property owners. There's an association that's already in place. This is a project that was approved. I feel like our traffic generators are so far below the threshold and it almost just seems you know a little bit, I won't say arbitrary but the last project in was fine you know and then all of a sudden we're at the point where we need to revisit everything that happened in the last 20 years. One of the benefits of stepping into an existing project that had an EAW, that you had infrastructure that was created based on certain assumptions and you would think as long as you were well inside of those 1P 0 0 Chanhassen City Council — July 27, 2015 certain assumptions that you can proceed and I just get nervous about the, you know the uncertainty of the project if there's still a pretty broad right to approve or disapprove of a traffic study and you know frankly we're, you know how we would deal with impacts if somebody said you know 2 intersections down needed some work. Mayor Laufenburger: Gotch ya. Thank you Mr. Carlin. Any other questions from council? Can you put that motion back up please? So this is the time where I invite either comment or motion. Councilwoman Tjomhom: I will make a motion. Mayor Laufenburger: Okay, thank you Councilwoman Tjomhom. Councilwoman Tjomhom: I'm going to make a motion that City Council approves a preliminary plat and final plat for Villages on the Ponds l ltl' Addition, a site plan for Chanhassen specialty retail, a planned unit development amendment to the sign criteria subject to the conditions of the staff report and adopts the Findings of Fact. Mayor Laufenburger: So the motion reads exactly as the recommendation from city staff, is that correct Councilwoman Tjomhom? Councilwoman Tjomhom: Yes. Mayor Laufenburger: Okay. Alright, we have a motion. Is there a second? Councilman McDonald: I'll second but I have a question. Mayor Laufenburger: After you second it I'll open it for discussion. Councilman McDonald: Second. Mayor Laufenburger: Alright, thank you Councilman McDonald. We have a valid motion and a second, is there any discussion? Mr. McDonald. Councilman McDonald: I have a question. Okay the way that this is set up then, if I'm correct originally staff did not want a traffic study so that would say that there's not going to be one based upon this motion, is that correct? Mayor Laufenburger: Is the Findings of Fact Kate, does it include any reference to a traffic study? Kate Aanenson: No. Mayor Laufenburger: Okay, so you are correct Mr. McDonald. Councilman McDonald: Okay, that's all I wanted to know. Thank you. 101 0 0 Chanhassen City Council — July 27, 2015 Councilwoman Tjornhom: May I make a comment on that? Mayor Laufenburger: Yes you can. Councilwoman Tjornhom: And I realize that Councilman McDonald and that's because I don't think there needs to be a traffic study. I think that this development was built out for the purpose of traffic being in it and it's obviously right now operating way below capacity and this new building that's coming into it and the business will be operating way below capacity of a hotel and retail center and so I believe it is taking up the developer's time and money and it's stopping the progress of the project that we, most of us I believe was a good thing for Chanhassen. Councilman McDonald: Okay and if I could just say I agree with you and that's why I wanted to make sure what was in there. What I was voting for because yeah I too, as I said earlier, I was not that convinced about the traffic study but if it made everybody feel better, fine but I don't think we should hold up development. Mayor Laufenburger: Okay. Any other discussion? Councilwoman Ryan did you want to make a comment? Councilwoman Ryan: Yes. Mayor Laufenburger: Sure, go ahead. Councilwoman Ryan: And this just refer, and I spoke to it earlier in the night but the Findings of Fact, letter (f) where it talks about traffic generation and it said it was within the capabilities of the streets serving the property and again I come back to I just, I don't agree that this location can accommodate this business. Mayor Laufenburger: Okay. Anybody, any other discussion? Councilman Campion: I guess my commentary here is I would support a traffic study to look at the intersections. I think that that could potentially improve this development if you know if that study looked at the development as it has grown over the years and can potentially make it an even better development. Mayor Laufenburger: Okay. Any further discussion? There being none I'm going to ask for a vote. Councilwoman Tjornhom moved, Councilman McDonald seconded that the Chanhassen City Council approve the preliminary and final plat for Villages on the Ponds 11" Addition; site plan for Chanhassen Specialty Retail as shown in plans dated Received June 18, 2015, and Planned Unit Development Amendment to the sign criteria subject to the following conditions and adopts the Findings of Fact and Recommendation: 102 0 0 Chanhassen City Council — July 27, 2015 SUBDIVISION Park 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for the proposed plat of Lot 1, Block 1, Villages on the Ponds l Ph Addition. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the current commercial park fee rate of $12,500 per acre, the total park fees would be $33,875. En ing eering 1. The plat must be revised to include a 10 -foot wide perimeter drainage and utility easement on Lot 1, Block 1. 2. The fees collected with the final plat are: Surface Water Management fee, Park Dedication fee, and GIS fee ($25 for the plat + $10/parcel). 3. City water (WAC), city sewer (SAC) and Metropolitan Council sewer (Metro SAC) fees will be collected with the building permit and will be calculated based on the uses within the building. Water Resources 1. An estimated $54,610.02 in storm water utility connection charges shall be due at final plat. 2. The property owner shall execute and record against the property a maintenance agreement in a format provided by the city for the pervious pavement, underground filtration, sump manholes and Contech JellyfishTm Filter. 3. The applicant shall apply for and procure all other necessary permits. SITE PLAN Engineering 1. Based on the proposed grading on the north side of site the grading plan may require some revisions in order to maintain drainage from the existing improvements to the north. Building L The buildings are required to have automatic fire extinguishing systems. 2. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 103 0 0 Chanhassen City Council — July 27, 2015 3. Detailed occupancy -related requirements will be addressed when complete building plans are submitted. 4. Provide a 1:200 scale drawing of subdivision. 5. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Fire Marshal 1. Provide a three-foot clear space around fire hydrants. 2. Yellow -painted curb and "No Parking Fire Lane" signs will be required. Applicant shall contact Fire Marshal for specific locations. 3. No P.I.V. (post indicator valve) will be required. Natural Resource Specialist 1. The interior width of all islands must be a minimum of 10 feet. 2. A total of 13 trees must be planted within the vehicular use area. Planning: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The street/sidewalk lights along Main Street have to be preserved and operational when the site construction is completed. 3-. Condition has been met. 4. The light poles may not exceed 20 feet in height. 5. All Wall Packs (WPI) shall be replaced with Wall Packs (WP2). Water Resources 1. The Surface Water Pollution Prevention Plan with all elements required by the NPDES Construction Permit shall be prepared and supplied to the city for approval prior to any earth - disturbing activities. 2. Proof of the NPDES Construction Permit having been procured by the applicant shall be supplied to the city prior to any earth -disturbing activities. 104 0 0 Chanhassen City Council — July 27, 2015 3. A dewatering plan, specific to the existing pond, shall be prepared and submitted to the city for review and approval prior to any earth -disturbing activities. 4. Areas immediately tributary to the pervious pavement, including disturbed areas behind the back of curb, must be stabilized within 24 hours of construction of the pervious pavement areas. PLANNED UNIT DEVELOPMENT AMENDMENT The City Council approve the Planned Unit Development amendment in the attached ordinance for Villages on the Ponds to allow signs to be placed higher than 20 feet within Sector I, and for the size of letters to be increased to 48 inches along the west and north elevations as shown below (amendments are shown in bold), and including the attached Findings of Fact and Recommendation: Wall Signs The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend greater than 20 feet above the ground. In Sectors I and II, sign height may be increase based on the criteria that the signage is compatible with and complementary to the building architecture and design. The letters and logos shall be restricted to a maximum of 30 inches in height except along the north and west elevations for buildings within sectors I and H. These letters may be increased to 48 inches. All individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing. 2. If illuminated, individual dimensional letters and logos comprising each sign may be any of the following: a. Exposed neon/fiber optic, b. Open channel with exposed neon, c. Channel Letters with acrylic facing, d. Reverse channel letters (halo lighted), or e. Externally illuminated by separate lighting source. 3. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area unless the logo is the sign. 4. Within Sectors I and II, architecturally, building -integrated panel tenant/logo sign may be permitted based on criteria that the signage is compatible with and complementary to the 105 Chanhassen City Council — July 27, 2015 building design and architecture. Architectural elements specifically created to increase signage height are prohibited. 5. Backlit awnings are prohibited. All voted in favor except for Councilwoman Ryan and Councilman Campion who opposed and the motion carried with a vote of 3 to 2. Mayor Laufenburger: Okay that motion carries 3-2. The council recommendation or the staff recommendation is approved. Thank you very much for your patience folks. We have a couple more items on our agenda. We can go through these pretty quickly. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: We have an update on our local street projects by our City Engineer Paul Oehme. Mayor Laufenburger: Mr. Oehme, can you give us an update please? Paul Oehme: Absolutely. So we're well into the construction season this year now so we've got several projects underway as you probably can attest to. One of, the biggest project, local projects that we have is the Carver Beach project so that's a little over, or it's about 4.8 miles worth of streets in the Carver Beach neighborhood so that project is going fine. Most of the utilities in that project area are done now. I think there's a couple little storm sewer left on Western Drive to put in and that should be in by the end of this week here. The milling machine should be out next week. We're going to be grinding up about a third of the streets in that neighborhood starting this week and notices went out for that last Thursday I believe for that section of road so once we grind up that street, we're going to be using that milling as our base course and repaving that so once we get that section almost complete we're going to go to Phase 2 and then Phase 3 so we're moving along in that project. That one we're a little bit behind schedule with the, because of the rain. We're anticipating the first week in September for that base course to be put down so looking forward to getting those streets back together. The Kerber Boulevard project, again we're a little bit behind there now just because of the last rain event that we had. The contractor did work on Saturday to replace the sanitary sewer near Powers Boulevard so we're replacing or sub -cutting that area out and rebuilding that section of road up. Pavement section up today and through Wednesday I believe and we're anticipating the base course, the first lift of the asphalt on Kerber Boulevard to be put down on Friday. So and then wear course would be the next week so that one's hopefully in a little over a week's time we should have a paved surface on Kerber Boulevard. The river crossing project, that one's moving along very nicely now. The contractor is putting in some overtime in and really making progress on putting in the pilings for the bridge project. They're almost done filling that gap where they found that poor soil that those 30 inch piles are almost complete. I think that should be done by the end of this week and then they're closing the gap from our north end abutment to where those 30 inch piles are so they're anticipating completing the pilings by the end of August here and then working on bridge work. The good news for that project is that the roundabout and 61 from 101 going down the bluff to the east side of the roundabout would, they're anticipating opening that section of 61 with the roundabout on Friday, late after 6:00 or so after the rush hour. 106 CITU of CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.2271180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952227-1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.2271125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Shatmeen Al-Jaff, Senior Planner DATE: July 27, 2015 akk SUBJ: Chanhassen Specialty Retail / Villages on the Ponds 11d' Addition Planning Case #2015-17 PROPOSED MOTION "The Chanhassen City Council approves the Preliminary and Final Plat for Villages on the Ponds 11`s Addition; Site Plan for Chanhassen Specialty Retail, and Planned Unit Development Amendment to the sign criteria subject to the conditions of the staff report; and adopts the Findings of Fact." City Council approval requires a majority vote. EXECUTIVE SUMMARY The developer is requesting Subdivision approval to create one lot and one outlot, Site Plan Review for a 19,909 square -foot, one-story specialty liquor store (Total Wine & More), and Planned Unit Development Amendment to the sign criteria. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on July 7, 2015 to review the proposed development. The Planning Commission voted 6 — 0 recommending approval of the development as proposed subject to the conditions of the staff report. As part of the discussion, some issues were raised. These issues are as follows: Siris The applicant is requesting approval to locate signs along all four building facades. Signs facing the east and south elevations are proposed to be 30 inches in height while signs facing west and north will be 42 inches. The smallest wall area is 3,359 square feet. The city code would permit a sign with an area not to exceed 5% of the total wall area which translates to 168 square feet with no restrictions on the size of the letters nor how high it can be located on a building wall. The dashed red line on the building elevations below reflect the 5% sign area. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED Todd Gerhardt Chanhassen Specialty Retail / Villages on the Ponds 110' Addition July 27, 2015 Page 2 of 4 0 Staff was asked to compare the sizes of other liquor store signs in the city (see table on next page). Todd Gerhardt Chanhassen Specialty Retail / Villages on the Ponds I I' Addition July 27, 2015 Page 3 of 4 Sign Comparison of Liquor Stores Permitted area Actual area Liquor Store Zoning (in square feet)* (in square feet) Notes Haskell's BH 164.3 88.5 2 signs on a single elevation (64.1 and 21.4 square feet) Cheers BH 194.4 89.5 2 signs on a single elevation (55 and 34.5 square feet) Chanhassen Variances: 94-1 (total signage area) and 15-13 (logo size Lunds Byerlys CBD 431 (all signage) 244.1 (all signage) area), Liquor sign is 40.4 square feet Century PUD 91-150.4 62.8 BN underlying district, 3 signs on different elevations Two signs on the building, east elevation sign is 72.29 7 & 41 BN 160.8 72.3 square feet and north elevation sign is 31.27 square feet BN underlying district, Signs on both the east and west Vintage PUD 180.4 23.2 elevtions (same size) MGM PUD 139.4 97.5 1 CBD underlying district, 2 signs on different elevations Total Wine PUD Ranges from 168 to Lar est would be 170 g Follows CBD standards 213 (5% of wall) * area for a sign is based on the percentage of wall area Villages on the Ponds Permitted area Actual area Business Zoning (in square feet) (in square feet) Notes Americlnn PUD 195 195 _ Community Bank PUD 200 108 Variance to exceed 20 feet in height Chanhassen Lakewinds I PUD 1 179 1 60 411 E Todd Gerhardt Chanhassen Specialty Retail / Villages on the Ponds 11 `I' Addition July 27, 2015 Page 4 of 4 Traffic At the Planning Commission meeting for Chanhassen Specialty Retail on July 13, 2015, questions were raised about how traffic in and nearby the Villages on the Ponds development would be impacted if this proposal is approved. A traffic analysis was completed by BRW, Inc. as part of the Environmental Assessment Worksheet (EAW) for Villages on the Ponds. The original development with its traffic analysis was approved by the City Council on August 12, 1996. The current proposal for Chanhassen Specialty Retail is expected to generate less traffic than what was approved by Council in 1996. The original proposal in the EAW for Villages on the Ponds expected three buildings on the site with a combined total of 36,300 square feet. Both the original and the current proposal would fall under Specialty Retail Category (LUC 814) in the ITE Trip Generation Manual 6'h Ed. The current proposal would generate 44% fewer weekday trips and 45% less PM peak hour trips than the original proposal that the traffic study was based on. This site has already been approved for a larger traffic user than what is proposed for Chanhassen Specialty Retail, Chanhassen Specialty Retail Proposal from the EAW Traffic Study* Size 19,900 sf 36,300 sf Weekday Tris 820 tris 1450 trips PM Peak Hour 98.6 tris 179.0 trips *Adjusted to use ITE Trip Generation Manual 6`h Ed. LUC 814 RECOMMENDATION "The Chanhassen City Council approves the Preliminary and Final Plat for Villages on the Ponds 11th Addition; Site Plan for Chanhassen Specialty Retail, and Planned Unit Development Amendment to the sign criteria subject to the conditions of the staff report; and adopts the Findings of Fact." ATTACHMENTS 1. Reduced Copy Final Plat, Villages on the Ponds 11th Addition. 2. Planning Commission Staff Report Dated July 7, 2015. gAp1an\2015 planning cases\2015-17 chanhe specialtyrelail\executive summary.dm DUr VILLAGES ON THE PONDS 11TH ADDITION .r_.wr.r.�..x._aa.�...H.ww. mu, vY W, O, M AM nx M,qx. a.e n w rw nww r aar w. w,H. HMaax. . r.W.1.....wuv, U. n, rtM Hnuangv.mf anwwwr..m.mm. a.. n.nswm rnwre.w mwnw mlxrylrunw..Mu.HMwlxHrr�rY w�M AsiWv. YrrrwwrvHrr.YL.r�arrlY4w•w WI Nr.+�+xYw IlixWwwr rww+rqx+r.Wxrarimww.muu,oxm.xwm„�a.owmx,aawsws.....e r�YnMrrr.wN W IrlwYxuaexax�a.uNsxpxeawrxi:rrawrnv�n.srtnfar W Yr�riwHr r.rrYYYrwr W aap.n.nu.a aaas,rwuimr.vmu w..0.v1/Y• la.ilYl W x.MlnY�rlMwMrb� rwWv.rrwxseYx4.w.aw_frw w�4rr..x.M.w—!u. anm.RrrYallrlll�f. lurxwrrrwr_rY��tl�rRraYYrrYMwn. w..xwa ysme�. Vn. w. w.{Nr+n.HwwGxnr IM.IvrrY.rYWYw.uenuridwl�mmm.—wea_wra Ate. �.W �MrOrwHr� 4 r WygYvdY VILLAGES ON THE PONDS ViILAUES ON THE PONDS 3RD A[iDiTkiFi YyA 1 VILLAUES I ON THE I BLoo(1 ammo `•...._ PONDS n. ,r l0 I o f') a: I or I tl. I xer.e'or! nuez — •�\t • Vil.l. r'.f)'r.`.i ON THE FUNDS �� - A Ln 6 L :e e° mu xer.e'or! nuez — •�\t • Vil.l. r'.f)'r.`.i ON THE FUNDS �� - MMMTEK, INC. !dnx.u.xmxmtdwn nrvrq..vn 1N61NlFIIIMG. MHNIHG Hxo uxo wxvevwG //// roH)H ..�,.m.HHHm,ww.Hm�mHrHr. / 0 // py1 n Ht. onxmaan.lvraxums due MMMTEK, INC. !dnx.u.xmxmtdwn nrvrq..vn 1N61NlFIIIMG. MHNIHG Hxo uxo wxvevwG :1) BURDICK July 7, 2015 City of Chanhassen Planning Commission Chair & Members 7700 Market Blvd. PO Box 147 Chanhassen, MN. 55317 Re: Proposed Total Wine Liquor Store Chanhassen Dear Honorable Chair & Commission Members, 560 Markel Strca-Suk 12 PO R. 580 Chanhassen. MN 55317 Phnw 952 474.5243 - Fax 95^_.474.5244 burdickpnjwr ics.com SENT VIA EMAIL ONLY I am writing to all of you regarding the proposed new Total Wine Liquor store to be located on the south side of Highway 5 in Chanhassen. I feel that there are several good reasons why the City Of Chanhassen should not allow a big box liquor store. The two (2) main reasons I feel this proposal should be denied are as follows: 1. Chanhassen currently has more than enough liquor stores. The City Of Chanhassen should show their support for these long time small business owners as they are a valuable asset for all of Chanhassen and an important part of the community. 2. It would be wrong to allow such a large big box liquor store to be located in such close proximity to the Saint Hubert s Church and School. This huge liquor store would be located very close to the church and contribute a lot of additional traffic in an already very congested area. In closing, I am respectfully asking for your support in denying the proposal for a Total Wine Liquor Store in Chanhassen. It might be appropriate for the city to place a moratorium on additional liquor stores in the city. Thank you for your consideration. Please feel free to contact me at the above address and telephone number with any questions. Most cordially yours, BURDICK PROPERTIES. INC. BRIAN H. BURDICK PRESIDENT BHB/ 011'NERS, DE\'ELOPERS. AND PROPERT\' AIAN ACERS OF FINE COMMERCIAL PROPERTIES. L OF CHANHASSEN PROPOSED MOTION: PC JOTE: July 7, 2015 CC DATE: July 27, 2015 REVIEW DEADLINE: August 4, 2015 CASE #: 2015-17 BY: SJ, AF, TH, TJ, ML, JM, JS "The Chanhassen Planning Commission recommends that City Council approve the preliminary plat for Villages on the Ponds I I' Addition; site plan for Chanhassen Specialty Retail, and Planned Unit Development Amendment to the sign criteria subject to the conditions of the staff report, and adopts the Findings of Fact and Recommendation." SUMMARY OF REQUEST: The developer is requesting preliminary plat approval to create one lot and one outlot (Villages on the Ponds I I'n Addition), and Site Plan Review for a 19,909 square -foot, one-story specialty liquor store (Total Wine & More), and Planned Unit Development Amendment to the sign criteria. Notice of this public hearing has been mailed to all property owners within the required 500 feet. Staff is recommending approval of the request with conditions. LOCATION: Northwest Corner of Lake Drive and Main Street Outlot B, Villages on the Ponds 4m Addition (PID 25-8460030) APPLICANT: Venture Pass Partners, LLC Owner: Northcott Company 19620 Waterford Court 250 Lake Drive East Shorewood, MN 55331 Chanhassen, MN 55317 (612) 801-4313 (952) 294-5215 rrauwerdink(a)venturepass.net bschwenanorthcotthoMitality.com PRESENT ZONING: Planned Unit Development (PUD) — Villages on the Ponds 2020 LAND USE PLAN: Mixed Use ACREAGE: 2.71 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi-judicial decision. SCANNED Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 2 of 23 The City has a relatively high level of discretion in approving amendments to PUDs because the City is acting in its legislative or policy-making capacity. A PUD amendment must be consistent with the City's Comprehensive Plan. PROPOSAL/SUMMARY The site is located at the northwest corner of Lake Drive and Main Street, within Villages on the Ponds, a mixed-use development. The site was rough graded as part of the overall development. The property is located within Sector I of the Villages on the Ponds development (there are four sectors within the development which will be discussed in further detail later in the report). The following is a summary of the proposal: 1. Subdivision: Replat an outlot into one lot and one outlot to house a specialty retail building. 2. Site Plan: Construction of a 19,909 square -foot retail building (Total Wine & More). 3. Planned Unit Development Amendment: Changing the Signage Criteria to allow wall signs to be placed higher than 20 feet from floor elevation along the north and west building facades, and increase the height of the individual letters not to exceed 48 inches. 0 0 Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 3 of 23 The primary parking for the project is located within the westerly portion of the site. Some on - street parking is also available along Lake Drive, Main Street and Pond Promenade, which are all private streets. Within Villages on the Ponds there are existing cross -access and cross -parking agreements that permit a portion of the parking to be located off site. Parking requirements in excess of those specifically provided on site are through shared parking. The building materials consist of rock face block, accent block and concrete utility brick. Black awnings are proposed over individual windows. An E.I.F.S. band is incorporated at the top of the walls and is used as a sign band. Staff has been working with the applicant for several months to improve the design and layout of the site and building. The applicant has implemented all staff s recommendations into the design. The product is attractive and will complement the design of surrounding buildings. The proposed development is consistent with the comprehensive plan and the project's development design standards. Staff is recommending approval of the project subject to the conditions of this report. APPLICABLE REGULATIONS Chapter 18, Subdivision Chapter 20, Article II, Division 6, Site Plan Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office - Institutional Development Villages on the Ponds Development Design Standards 0 Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 4 of 23 BACKGROUND On September 23, 1996, the City Council approved PUD 95-2, Villages on the Ponds, including a Comprehensive Land Use Plan amendment from Office/Industrial, Institutional, Residential Medium Density, Residential Low Density to Mixed Use -Commercial, High Density Residential, Institutional and Office; Preliminary Planned Unit Development for up to 291,000 square feet of commercial/office buildings, 100,000 square feet of institutional buildings, and 322 dwelling units; Rezoning from IOP and RSF to PUD, Planned Unit Development (final reading); and final plat dated "Received September 19, 1996" for two lots and ten outlots and public right-of-way. On June 28, 1999, the City Council approved PUD 95-2 granting Final Plat approval for Villages on the Ponds Fourth Addition, creating one lot and two outlots. The lot is for the Peddler Cyclery, a k.a., Bokoo Bikes. On December 9, 2002 the Chanhassen City Council approved Site Plan #2002-9, plans prepared by Truman Howell Architects and Associates, Inc., dated October 18, 2002, for a 70,873 square - foot, three-story building consisting of street level commercial and upper level hotel rooms (not constructed); and A variance for the use of more than 15 percent EIFS on the building based upon the finding that it is consistent with other buildings approved in the area (void since not used); and A variance for signage in excess of 20 feet in height on the building based on the fact that it is consistent with the approval given to the Community Bank of Chanhassen building (void since not used). On October 27, 2014, the Chanhassen City Council approved the Preliminary and Final Plat for Villages on the Ponds I I' Addition; Site Plan for Chanhassen Specialty Grocery with a Variance to the sign letter size on the north and west building elevations subject to the modified conditions of the Planning Commission staff report, and the Development Contract for Villages on the Ponds I I' Addition. On February 9, 2015, the Chanhassen City Council approved the extension of the time to record the site plan agreement for Chanhassen Specialty Grocery and the final plat for Villages on the Ponds l ls' Addition to May 31, 2015. (Not constructed and plat not recorded). 0 0 Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 5 of 23 SITE PLAN In order to provide a better understanding of the overall development, staff will first review the site plan component, which in turn leads to the Planned Unit Development Amendment and the Replat of the outlot. The building must comply with the Design Standards for Villages on the Ponds design criteria. The ordinance governing this site requires the development to have an attractive design and use durable materials. Site coverage may not exceed 70 percent. This is a Planned Unit Development and hard surface coverage can be averaged over the entire development including the permanent open space. When the city approved the initial development for Villages on the Ponds, it insured an open space that exceeds 30%. The actual open space exceeds 45%. The design of the building is attractive and is proposed to be constructed of high-quality materials that are complementary to surrounding buildings. They include rock face block, accent block and concrete utility brick. Black awnings are proposed over individual windows. An E.I.F.S. band is incorporated at the top of the walls and is used as a sign band. The architectural design of the building lends itself to place wall signage over the E.I.F.S. band shown in the elevations below. Staff is recommending approval of a PUD amendment to allow the requested signage if it meets the architectural integrity of the overall development. 0 0 Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 6 of 23 All elevations can be viewed by the public on all four sides. Staff commends the applicant on the level of detail that has been introduced to the building through the use of spandrel windows, different building materials, a green wall along the east elevation, projecting entrance and articulation along the roof line. The loading dock is buffered from views by landscaping. The majority of the parking is located along the western portion of the site. Sidewalks are extended between the subject site and the surrounding area and separates pedestrian from vehicular traffic. The trash enclosure for the building is located along the southeast comer of the building and is proposed to utilize the same materials as the building. The added landscaping and boulevard trees will provide a calming effect to a busy area. The building has a pronounced entrance, utilizes durable exterior materials, and exhibits articulation. There are no required setbacks from any of the private streets within this development. Staff regards the project as a well-designed development. The overall design is sensitive to the surrounding area. Based upon the foregoing, staff is recommending approval of the site plan with conditions as outlined in the staff report. 0 0 Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 7 of 23 LIGHTING/SIGNAGE The applicant has submitted a lighting plan and a photometrics plan has been prepared for the site. Light levels for site lighting shall be no more than one-half foot candle at the project perimeter property line. This does not apply to street lighting. All fixtures must be shielded. The proposed parking lot lights are a shoebox design which is permitted in this development. The light poles may not exceed 20 feet in height. The PUD standards encourage the use of lights on the building to minimize the number of parking lot lights. The applicant is proposing to use downcast shielded fixtures. Wall signage is proposed along four sides of the building which is permitted under the Planned Unit Development ordinance governing this development. However, there is a limit on the size of the individual letters and height of the wall sign. Staff will address this issue in detail under the PUD amendment section of the report. PARKING The ordinance requires one parking space per 200 square feet of retail building, which translates to 100 spaces for this application. The applicant is providing 84 spaces on site and 74 on -street parking spaces. The entire development was created based on a shared parking concept. An overall parking study noted that the cross -parking arrangement would provide sufficient parking to accommodate users throughout the development. The parking study and the Alterative Urban Areawide Review (AUAR) anticipated a greater density and intensity of use. It was anticipated that there would be a total of 291,000 square feet of officelcommercial space, 100,000 square feet of institutional space, and 322 dwelling units in the overall development. Actual development resulted in the following: 0 Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 8 of 23 0 Use Anticipated Actual Net Change Institutional 100,000 square feet 134,000 square feet -34,000 square feet Residential 322 units* 323 units** -1 unit Office/Commercial 291,000 square feet 198,500 square feet +92,500 square feet *Parking study assumed independent living apartment units requiring more parking **160 of the 323 units are senior -only apartments which required substantially less parking The overall Villages on the Ponds development provides ample parking and remains consistent with the approved plan. ARCHITECTURAL COMPLIANCE Size, Portion and Placement Entries: The building has pronounced entrances. Articulation: The buildings incorporate adequate detail and has been tastefully designed to complement the surrounding area. The architectural style is unique to the buildings but will fit in with the surrounding area. The building utilizes exterior materials that are durable and of high quality. Site Furnishing The applicant is providing bicycle racks in the northwest corner of the building and an eco -mesh green wall on the east side of the building. Material and Detail High quality materials are being used on the building. Color The colors chosen for the buildings are earth tones. The selection is unique, but blends in with the surrounding buildings. Height and Roof Design The building is a one-story building. The roofline is staggered and contains pitched elements which adds articulation to the design of the buildings. All rooftop equipment must be screened from views. 0 0 Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 9 of 23 Facade Transparency All facades viewed by the public contain more than 50 percent windows and/or doors. Some walls are further broken by the use of landscaping. Loadine Areas, Refuse Areas, etc. The trash enclosure and loading dock are located along the southeast corner of the building. They will be screened by landscaping and a trash enclosure. SITE PLAN FINDINGS In evaluating a site plan and building plan, the City shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 10 of 23 of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Findine: The proposed development is consistent with the city's design requirements, the comprehensive plan, the zoning ordinance, the design standards, and the site plan review requirements. Staff is recommending approval of the request with conditions. The site design is compatible with the surrounding developments. It is functional and harmonious with the area. Staff regards the project as a reasonable use of the land. The overall design is sensitive to the city's image. Based upon the foregoing, staff is recommending approval of the site plan with conditions outlined in the staff report. PLANNED UNIT DEVELOPMENT AMENDMENT The current language pertaining to wall signage that address the subject building limits the height of the wall sign to 20 feet and the size of the individual letters to 30 inches. The proposed building as well as some of the other buildings that were approved before this one have received variances. When the applicant submitted the proposal for this request, they also requested a variance from this criteria. Staff evaluated the request and recommended a minor PUD amendment that would accommodate all users within this sector of the development to allow the same treatment. Approval of the building signage will be contingent upon approval of the PUD amendment. When Villages on the Ponds was being studied, discussed and analyzed, it was divided into four sectors: • Sector I: Mixed use of commercial and residential • Sector II: Highway exposure • Sector III: Institutional • Sector IV: Residential Within Sector I, the ordinance limited the wall signage to be placed no higher than 20 feet above the ground elevation, and limited the height of the individual letters to 30 inches. Sector II permits the placement of wall signs to be extended above 20 feet. This was permitted because Sector II was viewed as a highway -oriented development as it is bordered by Highay 5 to the north and Highway 101 to the west. 0 0 Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 11 of 23 As staff began evaluating the subject site and how it fits into the sector scenario described above, it was concluded that the north and west elevations for buildings in Sector I fall under that same rule. Based on this conclusion, staff directed the applicant to apply for a Planned Unit Development amendment rather than a variance. The amendment is simple and will involve two sections of the Wall Signs Criteria, as shown below in bold type and highlighted in yellow: Wall Signs The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend greater than 20 feet above the ground. In Sectors I and II, sign height may be increase based on the criteria that the signage is compatible with and complementary to the building architecture and design. The letters and logos shall be restricted to a maximum of 30 inches in height except along the north and west elevations for buildings within sectors I and H. These letters may be increased to 48 inches. All individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing. 2. If illuminated, individual dimensional letters and logos comprising each sign may be any of the following: a. Exposed neon/fiber optic, b. Open channel with exposed neon, c. Channel Letters with acrylic facing, d. Reverse channel letters (halo lighted), or e. Externally illuminated by separate lighting source. 3. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area unless the logo is the sign. 4. Within Sectors I and II, architecturally, building -integrated panel tenant/logo sign may be pennitted based on criteria that the signage is compatible with and complementary to the building design and architecture. Architectural elements specifically created to increase signage height are prohibited. 5. Backlit awnings are prohibited. 0 0 Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 12 of 23 As stated earlier, this is a mior amendment and staff is recommending approval of the request. PLANNED UNIT DEVELOPMENT AMENDMENT FINDINGS The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse effects of the proposed amendment. The six (6) effects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. FindinE The site is guided mixed use. A retail building with an area of less than 20,000 square feet is a reasonable size building in that location. b) The proposed use is or will be compatible with the present and future land uses of the area. Finding: The proposed use is and will be compatible with the present and future land uses of the area through the implementation of the design standards, landscaping, architecture, etc. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. Fes: The proposed use will conform with all performance standards contained in the Zoning Ordinance such as design standards, signage, durable materials, uses, etc. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. FindinE: The proposed use is intended to meet the daily needs of the area. It could potentially add convenience to the homeowners in the area. e) The proposed use can be accommodated with existing public services and will not overburden the city s service capacity. Findin : The site is located within the Municipal Urban Service Area. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. FiodinQ: Traffic generation by the proposed use is within capabilities of streets serving the property. E Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 13 of 23 SUBDIVISION The developer is proposing to replat the property into one lot and one outlot. The lot will house the specialty liquor store building. Outlot A is for Pond Promenade. The ordinance states, "All lots shall abut for their full required minimum frontage on a public street as required by the zoning ordinance; or be accessed by a private street; or a flag lot which shall have a minimum of thirty feet of frontage on a public street." The lot has street frontage on all four sides. u The subdivision request is a relatively straightforward action and staff is recommending approval with conditions. The plat includes one lot (Lot 1, Block 1) and one outlot (Outlot A). The plat must be revised to include a 10 -foot wide perimeter drainage and utility easement on Lot 1, Block 1. The fees to be collected with the final plat are as follows: • Surface Water Management fee • Park Dedication fee • GIS fee: $25 (plat) + ($10/parcel x 3 parcels)_ $55 City water (WAC), city sewer (SAC) and Metropolitan Council sewer (Metro SAC) fees will be collected with the building permit and will be calculated based on the uses within the building. Staff notes that the proposal is consistent with the Comprehensive Plan and the Zoning Ordinance. 1. The proposed subdivision is consistent with the zoning ordinance. Fes: The subdivision meets the intent of the city code subject to the conditions of the staff report. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with applicable plans. 0 0 Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 14 of 23 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Fes: The proposed subdivision will be served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause environmental damage subject to conditions of approval. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Fes: The proposed subdivision is provided with adequate urban infrastructure. PARKS This property is located within the community park service area for Lake Susan Community Park and the neighborhood park service area for Rice Marsh Lake Neighborhood Park. Employees and visitors to the specialty retail store will have convenient access to these publicly -maintained park and recreation facilities. Lake Susan Park is 33 acres in size and features large playgrounds, basketball court, picnic shelter, tennis courts, archery range, public water access, fishing pier and a bail field. Ample off-street parking is available at the park. Rice Marsh Lake Neighborhood Park is four acres in size and features a playground, ball field, basketball court, volleyball court and a small picnic shelter. Off-street parking is available. No additional parkland acquisition is being recommended as a condition of this subdivision. 0 0 Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 15 of 23 TRAILS The subject site has convenient access to the public trails along Great Plains Boulevard, the three- mile Rice Marsh Lake trail loop, and the lakeside trail route to Lake Susan Park. No additional trail construction is being recommended as a condition of this subdivision. STREETS AND ACCESS The site lies within the Villages on the Pond Planned Unit Development located south of Trunk Highway 5 between County Road 101 and Great Plains Boulevard. The streets within the Villages development — Pond Promenade, Lake Drive and Main Street — are privately owned and maintained. The site is on the northwest corner of Lake Drive and Main Street and will be accessed from the north and west via Pond Promenade. The developer proposes improvements along the private streets north and west of the site, specifically installation of 90 -degree parking stalls that will be paved and will have curb and gutter. The developer has submitted turning movement templates illustrating how tractor -trailer units will access the site from Lake Drive and back into the loading dock on the south side of the building. Public sanitary sewer and water main are within the streets surrounding the proposed development. A drainage and utility easement is proposed over these utilities. The developer proposes to wet tap a six-inch diameter water service to the existing water main and extend a sanitary sewer service from an existing sanitary sewer manhole northwest of the building on Lot 1. These service connections will be inspected by the Building Department in conjunction with the building/plumbing permit. GRADING AND DRAINAGE The site was mass graded when the surrounding area was developed. The original plans for the site included underground parking within the southern portion of proposed Lot I . The underground parking was sub cut with the original site grading and has since filled with surface water runoff. The developer proposes to raise the grade of Lot I, including filling the aforementioned sub -cut area. Porous pavement is proposed to be installed, draining to an underground system comprised of sand and a drain tile outlet that connects to the existing storm sewer system. This connection will be inspected by the Building Department in conjunction with the building/plumbing permit. Based on the proposed grading on the north side of site the grading plan may require some revisions in order to maintain drainage from the existing improvements to the north. The entire site drains to Rice Marsh Lake. The majority of the site reaches Rice Marsh Lake through a conveyance that follows the 101 corridor. A small portion of the site drains to the 0 0 Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 16 of 23 wetland located along Highway 5 before heading south through the Hidden Valley neighborhood and then on to Rice Marsh Lake. Within the two largest drainage areas and overall drainage on the site the discharge rates are decreased under the developed conditions from existing conditions. Storm Event SW CB Existing Maximum Rate of Runoff (ch) Area 3S Area 4S Area 5S Total Existing 2 -year 722 0.01 0.50 0.06 7.72 10 -year 13.32 0.02 0.80 009 14_13 100 -year 2521 0.04 1.32 0.16 26_59 today Snow 1.39 0.00 0.06 0.01 1.45 Proposed Maximum Rate of Runoff (cfs) Stam Event SW CB Area 3S Area 4S Area 5S Total Proposed 2 -ear 3.14 0.29 0.50 014 3.94 foyear 5.82 0.49 080 0.25 7.14 f00 year 9.58 0-87 132 0.47 12_00 today Snow 1.02 0.04 006 002 1.12 Figure 1 Pre- and post -development runoff rates Given the existing capacity within the system and the modest rate increases proposed for areas 3S (Main Street east side of building) and 5s (southeast corner of the building), staff agrees with the consulting engineer that there is little likelihood of downstream deleterious effects. SITE GRADING: EROSION PREVENTION AND SEDIMENT CONTROL The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). The applicant has prepared a Surface Water Pollution Prevention Plan (SWPPP) and submitted to the city. This SWPPP must contain all required elements as listed in Parts III and IV of the permit. The City has a checklist of required elements that can be made available to the applicant's engineer. The PCA also has a checklist available on their website. It is known that dewatering must take place on the site. A dewatering plan shall be included as part of the SWPPP and submitted to the city for review. The pervious pavement must be protected at all times throughout construction. The SWPPP and erosion plan shall indicate how stabilization of tributary disturbed areas is to occur and that it must occur such that no sediment is introduced to the areas once they have been installed, but in no case any longer than 24 hours. Staff has firsthand knowledge that failure to stabilize these areas can result in an ineffective practice. 0 0 Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 17 of 23 SITE CONSTRAINTS Wetland Protection There is no indication that any wetlands are present on the property. The existing pond was created incidentally when the area was excavated in anticipation of constructing an underground parking facility. Bluff Protection There are no bluffs or steep slopes on the site. Shoreland Management The property does not lie within any shoreland district. Floodplain Overlay This property does not lie with a floodplain. STORM WATER MANAGEMENT Article VII, Chapter 19 of City Code describes the required storm water management development standards. Section 19-141 states that "these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features." This site lies within the boundaries of the Riley -Purgatory -Bluff Creek Watershed District and is subject to their stormwater management requirements. These requirements are similar to Minimal Impact Design Standards and have the same required removals of total phosphorus and total suspended solids as does Chanhassen's code. Further, they are similar to Chanhassen's requirements as stipulated in our MS4 permit. To meet these requirements, the applicant is proposing to install pervious pavement in the interior parking stalls as well as three structural devices. The proposed plan appears to meet the volume control, rate control and water quality standards requirements. The applicant will need to get the approval of the Riley -Purgatory -Bluff Creek Watershed District. The following table has been extracted from the stormwater management report and shows the anticipated removals based upon the BMPs installed. r Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 18 of 23 Required Removal Nutrient Analysis (ba/year) Provided Removal (lbs/year) Annual TP Load 4.39 609* Annual TP Load 2.63 Annual TP Removal 306 Annual TSS Load 798 90% Annual TSS Load 718 Annual TSS Removal 739 Figure 2. Annual reduction in Total Phosphorus and Total Suspended Solid loads Operations and Maintenance Part III.D.5.a(5) of the GENERAL PERMIT AUTHORIZATION TO DISCHARGE STORMWATER ASSOCIATED WITH SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/STATE DISPOSAL SYSTEM (NPDES/SDS) PERMIT PROGRAM requires that "The permittee's Regulatory Mechanism(s) shall provide for the establishment of legal mechanism(s) between the permittee and owners or operators responsible for the long-term maintenance of structural stormwater BMPs not owned or operated by the permittee, that have been implemented to meet the conditions for post -construction stormwater management in Part III.D.5.a(2)." The permit continues on to discuss minimum provisions to allow for inspection of and preservation of function of the facility as well as transfer of responsibilities in the event the facility is sold. The city has developed a maintenance agreement and this shall be revised accordingly, executed and recorded against the property. In addition, the developer or their representative shall develop an operations and maintenance manual which shall specify anticipated inspection and maintenance, as well as schedule, necessary in order to ensure there is not significant decreases in the practices' efficacies. This operations and maintenance manual shall be referenced in the maintenance agreement. Storm Water Utility Connection Charges Section 4-30 of city code sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that more intense the development type, the greater the degradation of surface water. This fee will be applied to the new lot of record being created. It is calculated as shown in the table below: Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 19 of 23 Per acre rate Size of new lot in acres Totals Water Quality $22,940.00 2.71 $62,236.22 Water Quantity $8,900.00 2.71 $24,145.70 Credit $11,470.00 2.77 acres treated $31771.90) Total due at final plat 0 Overstory trees $54,610.02 LANDSCAPING Minimum requirements for landscaping at the proposed development include 3,436 square feet of landscaped area around the parking lot, landscape islands or peninsulas, and 13 trees for the parking lot. The applicant's proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table. Required Proposed Vehicular use landscape area 3,436 sq. ft. >3,436 sq. ft. Trees/parkingTrecs/parking lot 13 trees 12 trees Islands or peninsulas/parking lot 7 islands/peninsulas 8 islands/peninsulas The applicant needs to locate one additional overstory tree on the site to meet minimum requirements for trees and landscaping in the parking lot area. Bufferyard requirements: All bufferyard requirements have been met. Required plantings Proposed plantings Bufferyard A — north prop. line, Pond 0 overstory trees 2 overstory Promenade., 330' 2 Understory trees 0 Understory trees 2 Shrubs 12 Shrubs Bufferyard B — south prop. line, Lake 0 Overstory trees 4 Overstory trees Drive, 230' 1 Understory trees 0 Understory trees 1 Shrubs 29 Shrubs Bufferyard B — east prop. line, Main 0 overstory trees 1 Overstory trees Street, 210' 1 Understory trees 0 Understory trees I Shrubs 40 Shrubs Bufferyard A — west prop. line, Pond 0 overstory trees 2 Overstory trees Promenade, 210' 1 Understory trees 0 Understory trees 1 Shrubs 3 Shrubs All bufferyard requirements have been met. 0 Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 20 of 23 COMPLIANCE TABLE PUD Lot Area 15,000 Building Height 3 stories 40 feet Building Setback N - 0' E - 0' W-0' S-0' Parking Stalls 100 stalls 0 Chanhassen Specialty Retail (19,909 sf) 77,657 1 story 29.5 feet N-70' E-13 W-218' 5-90' 158 stalls # (Retail 1/200 square feet —19,909/200 = 100 spaces (# 70 spaces on-site, 88 spaces on Main Street, Lake Drive, and Pond Promenade. Parking Setback N - U E - 0' N - 0' E - 142' W -0'S-0' W -0'S-0' RECOMMENDATION Staff recommends that the Planning Commission approve preliminary and final plat for Villages on the Ponds I Vb Addition and Chanhassen Specialty Retail Store as shown in Plans dated received June 18, 2015 and subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: SUBDIVISION Park Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for the proposed plat of Lot 1, Block 1, Villages on the Ponds 11' Addition. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the current commercial park fee rate of $12,500 per acre, the total park fees would be $33,875. Engineering 1. The plat must be revised to include a 10 -foot wide perimeter drainage and utility easement on Lot 1, Block 1. 2. The fees collected with the final plat are: Surface Water Management fee, Park Dedication fee, and GIS fee ($25 for the plat + $10/parcel). Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 21 of 23 3. City water (WAC), city sewer (SAC) and Metropolitan Council sewer (Metro SAC) fees will be collected with the building permit and will be calculated based on the uses within the building. Water Resources 1. An estimated $54,610.02 in storm water utility connection charges shall be due at final plat. 2. The property owner shall execute and record against the property a maintenance agreement in a format provided by the city for the pervious pavement, underground filtration, sump manholes and Contech JellyfishTM Filter. 3. The applicant shall apply for and procure all other necessary permits. SITE PLAN Enpneerin¢ 1. Based on the proposed grading on the north side of site the grading plan may require some revisions in order to maintain drainage from the existing improvements to the north. Buildin¢ 1. The buildings are required to have automatic fire extinguishing systems. 2. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Detailed occupancy -related requirements will be addressed when complete building plans are submitted. 4. Provide a 1:200 scale drawing of subdivision. 5. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Fire Marshal 1. Provide a three-foot clear space around fire hydrants. 2. Yellow -painted curb and "No Parking Fire Lane" signs will be required. Applicant shall contact Fire Marshal for specific locations. 3. No P.I.V. (post indicator valve) will be required. Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 22 of 23 Natural Resource Specialist 1. The interior width of all islands must be a minimum of 10 feet. 2. A total of 13 trees must be planted within the vehicular use area. Plannin¢: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The street/sidewalk lights along Main Street have to be preserved and operational when the site construction is completed. 3. Appfoval of the site rlan is eentingen4 upon withdFawal of Plaming Case 2014 29,-- rAl R] Condition has been met. 4. The light poles may not exceed 20 feet in height. 5. All Wall Packs (WPI) shall be replaced with Wall Packs (WP2). Water Resources The Surface Water Pollution Prevention Plan with all elements required by the NPDES Construction Permit shall be prepared and supplied to the city for approval prior to any earth - disturbing activities. 2. Proof of the NPDES Construction Permit having been procured by the applicant shall be supplied to the city prior to any earth -disturbing activities. 3. A dewatering plan, specific to the existing pond, shall be prepared and submitted to the city for review and approval prior to any earth -disturbing activities. 4. Areas immediately tributary to the pervious pavement, including disturbed areas behind the back of curb, must be stabilized within 24 hours of construction of the pervious pavement areas. PLANNED UNIT DEVELOPMENT AMENDMENT "The Planning Commission recommends the City Council approve the Planned Unit Development amendment in the attached ordinance for Villages on the Ponds to allow signs to be placed higher than 20 feet within Sector I, and for the size of letters to be increased to 48 inches along the west and north elevations as shown below (amendments are shown in bold), and including the attached Findings of Fact and Recommendation: Planning Commission Chanhassen Specialty Retail — Planning Case 2015-17 July 7, 2015 Page 23 of 23 Wall Sipes The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend greater than 20 feet above the ground. In Sectors I and II, sign height may be increase based on the criteria that the signage is compatible with and complementary to the building architecture and design. The letters and logos shall be restricted to a maximum of 30 inches in height except along the north and west elevations for buildings within sectors I and It. These letters may be increased to 48 inches. All individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing. 2. If illuminated, individual dimensional letters and logos comprising each sign may be any of the following: a. Exposed neon/fiber optic, b. Open channel with exposed neon, c. Channel Letters with acrylic facing, d. Reverse channel letters (halo lighted), or e. Externally illuminated by separate lighting source. 3. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area unless the logo is the sign. 4. Within Sectors I and II, architecturally, building -integrated panel tenant/logo sign may be permitted based on criteria that the signage is compatible with and complementary to the building design and architecture. Architectural elements specifically created to increase signage height are prohibited. 5. Backlit awnings are prohibited." ATTACHMENTS 1. Findings of Fact and Recommendation. 2. PUD Ordinance Amendment. 3. Development Review Application. 4. Project Narrative dated Received June 18, 2015. 5. Reduced copies of Final Plat, Civil and Architectural plans dated Received June 18, 2015. 6. Letter from Soloman Real Estate Group dated June 29, 2015. 7. Email from Ed Vigil dated July 1, 2015. 8. Email from Mika Milovancev dated June 26, 2015 9. Email from Randy Rauwerdink dated July 1, 2015. 10. Letter from Julie Roettger, Houlihan's Restaurant dated July 2, 2015 11. Email from Matt Mayben, General Manager, AmericInn Hotel & Suites 12. Public Hearing Notice and Affidavit of Mailing List. Giplant2015 planning casest2015-17 Chanhassen specialty retail/staff report specialty retail.doc L CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Venture Pass Partners, LLC and Northcott Company for Subdivision, Site Plan and Planned Unit Development Amendment approval. On July 7, 2015, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Venture Pass Partners, LLC and Northcott Company for preliminary plat, Planned Unit Development Amendment and site plan approval for the construction of a 19,909 square -foot specialty retail building. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development, PUD. 2. The property is guided in the Land Use Plan as Mixed Use. 3. The legal description of the property is: Outlot B, Villages on the Ponds Fourth Addition. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance and meets the standards of the Village on the Ponds Planned Unit Development; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan since the site is guided for mixed use development which includes commercial or multi -family residential; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter, e. The proposed subdivision will not cause environmental damage; 0 f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature since adequate infrastructure is available. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. 5. Site Plan. In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: a) The proposed project is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b) The proposed project is consistent with the Site Plan Review requirements of City Code; c) The proposed project preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; d) The proposed project creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; e) The proposed project creates a functional and harmonious design for structures and site features, with special attention to the following: 1. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; 2. The amount and location of open space and landscaping; Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. f) The proposed project protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light 2 0 0 and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 6. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse effects of the proposed amendment. The six (6) effects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Findin : The site is guided mixed use (residential and neighborhood commercial). A retail building is a reasonable use in that location. b) The proposed use is or will be compatible with the present and future land uses of the area. Fm�dm The proposed use is and will be compatible with the present and future land uses of the area through the implementation of the design standards, landscaping, architecture, etc. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. FindinE: The proposed use will conform with all performance standards contained in the Zoning Ordinance such as design standards, signage, durable materials, uses, etc. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. Fes: The proposed use is intended to meet the daily needs of the area. It could potentially add convenience to the homeowners in the area. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. Finding: The site is located within the Municipal Urban Service Area. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: Based upon traffic studies conducted by the applicant's traffic engineer, traffic generation by the proposed use is within capabilities of streets serving the property. 6. The planning report #2015-17 dated July 7, 2015, prepared by Sharmeen AI-Jaff, et al, is incorporated herein. 0 0 The Planning Commission recommends that the City Council approve the Preliminary Plat (Villages on the Ponds I Ib Addition) and site plan with a variance for Chanhassen Specialty Retail (Total Wine & More). ADOPTED by the Chanhassen Planning Commission this 7t° day of July, 2015. CHANHASSEN PLANNING COMMISSION 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 Villages on the Ponds Planned Unit Development Design Standards in its entirety as follows: DEVELOPMENT DESIGN STANDARDS a. Intent The purpose of this zone is to create a mixed use PUD consisting of commercial, institutional, office, and residential uses. 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. b. Permitted Uses The permitted uses in this zone should be limited to uses as defined below or similar uses to those as listed in the Standard Industrial Classification. If there is a question as to the whether or not a use meets the definition, the Planning Director shall make that interpretation. No single retail user shall exceed 20,000 square feet on a single level of a building. A maximum of thirty- three (33) percent of the square footage of the retail users within the development may be of a "big box" category. The intent of this requirement is to provide a variety of users, including small retail shops, service providers, coffee shops, cabarets, etc., for residents of the Villages as well as the community as a whole, rather than typical suburban type large, individual users dominating the development and detracting from the `village" character. Retail users should be those that support and compliment the residential development located within the development, providing goods and services which enhance residents of the village and the community. Office. Professional and business office, non -retail activity except for showroom type display area for products stored or manufactured on-site provided that no more than 20 percent of the floor space is used for such display and sales. bank/credit union E finance, insurance and real estate health services - except nursing homes and hospitals engineering, accounting, research management and related services legal services Personal Services. Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. dry cleaning beauty or barbershop shoe repair photographic studio tax return preparation laundromat health club optical goods computer services day care center copying mail stores Institutional. Establishments that are public/semi-public in nature. church library education services day care art gallery dance studio cultural facility Commercial/Retail. Establishments engaged in commercial operations including retail sales and services and hospitality industries. Apparel and Accessory Stores shoe stores electronic and music store and musical instruments restaurant — no drive through, except on Lot 1, Block 1, Villages on the Ponds 2°d Addition through a conditional use permit and compliance with the following standards - the drive through shall provide sufficient stacking to assure that traffic is not backed into the parking lot drive aisles; loud speakers used for ordering shall be shielded so that noise is not heard off-site, and the drive through shall be screened from off-site views. (amended 8/13/01) restaurant - fast food only if integrated into a building no freestanding fast food and no drive through drug store/pharmacy 2 0 book/stationary jewelry store hobby/toy game gift novelty and souvenir sewing, needlework and piece good florist camera and photographic supply art and art supplies, gallery sporting goods video rental food stores including bakery and confectionery hardware store computer store hotel/motel entertainment liquor store pets and pet supplies home fumishings 0 Residential. Residential units shall be provided as upper level units above the commercial/office uses within the village core and as stand alone units. A minimum of 50 percent of the residential units shall be rental units. Of the rental units, the city has adopted a goal of 35 percent of the units meeting the Metropolitan Council's affordable criteria. For the ownership housing, the city has adopted the goal of 50 percent of the units meeting the Metropolitan Council's affordable criteria. Prohibited Uses: Auto related including auto sales, auto repair, gas stations c. Setbacks In the PUD standards, there is the requirement for landscape buffering in addition to building and parking setbacks. The following setbacks shall apply: ki 0 Buffer yards are as specified in the City of Chanhassen Landscaping and Tree Removal Ordinance, Article )XV. No fences shall be permitted between the required landscape buffer and arterial and collector roads. d. Development Site Coverage and Building Height 1. The PUD standard for hard surface coverage is 70% for the overall development. Individual lots may exceed this threshold, but in no case shall the average exceed 70 percent. 2. More than one (1) principal structure may be placed on one (1) platted lot. 3. The maximum building height shall be Sector I - four stories (residential with street level commercial or office)/50 ft. (retail and office buildings without residences above shall be limited to three stories/40 ft.) except for the lot on the corner of Promenade Pond and Great Plains Boulevard shall be limited to two stories and 30 feet, Sector II - three stories/40 ft., Sector III - three stories/40 ft., and Sector IV - four stories/50 feet. Building height limitations are exclusive of steeples, towers, and other architectural and roof accents. (Amended 11/26/01) 4. The maximum building footprint for any one building shall be limited to 20,000 square feet without a street level break in the continuity of the building, e.g., pedestrian passageways, except for the church and residential only buildings. 4 VILLAGES ON THE PONDS Sectors Building Parking Great Plains Blvd.: Buffer yard & Setback C, 0' 0' Market Blvd.: Buffer yard & Setback C, 50' 20' Highway 5: Buffer yard & Setback B, 50' 20' Interior Side Lot Line: Buffer yard & setback NA, 0' 0' East Perimeter Side Lot Line (adjacent to residential): Buffer yard & setback D, 50' 50' West Perimeter Side Lot Line (adjacent to industrial): Buffer yard & setback B. 50 20 Buffer yards are as specified in the City of Chanhassen Landscaping and Tree Removal Ordinance, Article )XV. No fences shall be permitted between the required landscape buffer and arterial and collector roads. d. Development Site Coverage and Building Height 1. The PUD standard for hard surface coverage is 70% for the overall development. Individual lots may exceed this threshold, but in no case shall the average exceed 70 percent. 2. More than one (1) principal structure may be placed on one (1) platted lot. 3. The maximum building height shall be Sector I - four stories (residential with street level commercial or office)/50 ft. (retail and office buildings without residences above shall be limited to three stories/40 ft.) except for the lot on the corner of Promenade Pond and Great Plains Boulevard shall be limited to two stories and 30 feet, Sector II - three stories/40 ft., Sector III - three stories/40 ft., and Sector IV - four stories/50 feet. Building height limitations are exclusive of steeples, towers, and other architectural and roof accents. (Amended 11/26/01) 4. The maximum building footprint for any one building shall be limited to 20,000 square feet without a street level break in the continuity of the building, e.g., pedestrian passageways, except for the church and residential only buildings. 4 VILLAGES ON THE PONDS Sectors • 5. The following table shall govern the amount of building area for the different uses: Commercial/ Retails Office/Service s Institutional s Dwelling Units TOTAL sf Sector I 114,500 83,500 0 160 198,000 Sector II *60,000 14,000 0 0 74,000 Sector III 0 0 100,000 0 100,000 Sector IV 0 0 0 162 0 TOTAL 174,500 97,500 100,000 322 372,000 (amended 11/26/01) * Includes 47,200square-foot, 106 -unit motel Building square footages may be reallocated between sectors and between uses subject to approval by the Planning Director. The following factors shall be used in calculating the reallocation of building square footages between uses: I Residential apartment unit = 3 congregate care (assisted living or dementia) unit. 1 Residential apartment unit = 2 elderly (independent) unit. 1 Residential apartment unit = 360 square feet of office/service. 1 Residential apartment unit = 90 square feet of retail. 1 Residential apartment unit = 440 square feet of institutional. 950 square feet of office/service = 1,000 square feet of institutional. 300 square feet of retail =1,000 square feet of office/service. 290 square feet of retail =1,000 square feet of institutional. (amended 11/26/01) In no instance shall addition institutional building square footage be reallocated without an amendment to the PUD. 6. Buildings adjacent to pedestrian sidewalks must have commercial/office on the majority of the street frontage. (amended 11/26/01) e. Building Materials and Design The PUD requires that the development demonstrate a higher quality of architectural standards and site design. The intent is to create a pedestrian friendly, "traditional" village character consistent with the European heritage of the upper midwest and the atmosphere within this development, yet with the amenities and technological tools of modem times. The village elevations shown on the PUD drawings are to be used only as a general guideline and the reflection of the overall village image including the north - midwestern architectural vocabulary, village like human scale and flavor, and variety in design and facade treatment. 2. All materials shall be of high quality and durable. Major exterior surfaces of all walls shall be face brick, stone, glass, stucco, architecturally treated concrete, cast in place panels, decorative block, cedar siding, vinyl siding in residential with support materials, or approved equivalent as determined by the city. Color shall be introduced through colored block or panels and not painted block or brick. Bright, long, continuous bands are 0 prohibited. Bright or brilliant colors and sharply contrasting colors may be used only for accent purposes and shall not exceed 10 percent of a wall area. Block shall have a weathered face or be polished, fluted, or broken face. Exposed cement ("cinder") blocks shall be prohibited. 4. Metal siding, gray concrete, curtain walls and similar materials will not be approved except as support material to one of the above materials, or as trim or as HVAC screen, and may not exceed more than 25 percent of a wall area. 5. All accessory structures shall be designed to be compatible with the primary structure. 6. All roof mounted equipment shall be screened by walls of compatible appearing material. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. All mechanical equipment shall be screened with material compatible to the building. 7. The buildings shall have varied and interesting detailing. The use of large unadorned, concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall and its views from public ways shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other pattering. All walls shall be given added architectural interest through building design or appropriate landscaping. 8. Space for recycling shall be provided in the interior of all principal or accessory structures. 9. There shall not be underdeveloped backsides of buildings. All elevations shall receive nearly equal treatment and visual qualities. 10. The materials and colors used for each building shall be selected in context with the adjacent building and provide for a harmonious integration with them. Extreme variations between buildings on the same street in terms of overall appearance, bulk and height, setbacks and colors shall be prohibited. 11. Slope roof elements shall be incorporated in all structures: Sector I - minimum 70 percent of roof area shall be sloped, Sector R - minimum of 70 percent of the roof area shall be sloped, Sector III - minimum of 30 percent of the roof area shall be sloped, and Sector IV - minimum of 70 percent of the roof area shall be sloped. An exception to this requirement are roof areas designed for human use such as decks, garden areas, patios, etc., which will not be counted towards flat roof area. 12. The following design elements should be incorporated into individual structures: 0 Building Accents Towers, silos, arches, columns, bosses, tiling, cloisters, colonnades, buttresses, loggias, marquees, minarets, portals, reveals, quoins, clerestories, pilasters. Roof Tunes Barrow, dome, gable, hip, flat. Roof Accents Cupolas, cornices, belfries, turrets, pinnacles, look -outs, gargoyles, parapets, lanterns. Accent elements such as towers, turrets, spires, etc., shall be excluded from the sector building height limitation. Window Types Bay, single paned, multi -paned, angular, square, rectangular, half -round, round, italianate. Window Accents Plant boxes, shutters, balconies, decks, grates, canopies, awnings, recesses, embrasures, arches, lunettes. Street level windows shall be provided for a minimum of 50 percent of the ground level wall area. f. Site Landscaping and Screening All buffer landscaping, including boulevard landscaping, included in Phase I shall be installed when the grading of the phase is completed. This may well result in landscaping being required ahead of individual site plan approvals, but we believe the buffer yard and boulevard plantings, in particular, need to be established immediately. 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 a part of the site plan review process. 2. All open spaces and non -parking lot surfaces, except for plaza areas, shall be landscaped, rockscaped, or covered with plantings and/or lawn material. Tree wells shall be included in pedestrian areas and plazas. 3. Storage of material outdoors is prohibited. 4. Undulating or angular berms Y to Sin height, south of Highway 5 and along Market Boulevard shall be sodded or seeded at the conclusion of grading and utility construction. The required buffer landscaping may be installed where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. W 0 0 5. Loading areas shall be screened from public right-of-ways. Wing walls may be required where deemed appropriate. 6. Native species shall be incorporated into site landscaping, whenever possible. g. Signage One project identification sign shall be permitted for the development at each end of Lake Drive and at the south end of Main Street. Project identification sign(s) may also be located at the entrances to the development(s) in Sector W. Project identification signs shall not exceed 24 square feet in sign display area nor be greater than five feet in height. One project identification sign, with a maximum height of 20 feet, which may be increased in height subject to city approval based on the design and scale of the sign, designed as a gateway to the project shall be located at the north end of Main Street. Individual lots are not permitted low profile ground business sign. Within Sector III, one sign for the church and one sign for the school may be placed on streetscape walls. The top of the signs shall not extend more than eight feet above the ground and the total sign area for the signs shall not exceed 64 square feet. Pylon signs are prohibited. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material and height throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. 2. All signs require a separate sign permit. 3. Wall business signs shall comply with the city's sign ordinance for the central business district for determination of maximum sign area. Wall signs may be permitted on the "street" front and primary parking lot front of each building. 4. Projecting signs are permitted along Main Street and Lake Drive and along pedestrian passageways subject to the conditions below. Signage Plan and Restrictions Wall Signs 1. The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend greater than 20 feet above the ground. In Sectors I and 11, sign height may be increase based on the criteria that the signage is compatible with and complementary to the building architecture and design. The letters and logos shall be restricted to a maximum of 30 inches in height except along the north and west elevations for buildings within sectors I and II. These letters may be increased to 48 inches. All individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing. 0 2. If illuminated, individual dimensional letters and logos comprising each sign may be any of the following: a. Exposed neon/fiber optic, b. Open channel with exposed neon, c. Channel Letters with acrylic facing, d. Reverse channel letters (halo lighted), or e. Externally illuminated by separate lighting source. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area unless the logo is the sign. 4. Within Sectors I and II, architecturally, building -integrated panel tenant/logo sign may be permitted based on criteria that the signage is compatible with and complementary to the building design and architecture. Architectural elements specifically created to increase signage height are prohibited. 5. Backlit awnings are prohibited. Proiecting Signs 1. The letters and logos shall be restricted to the approved building sign area. 2. All wooden signs shall be sandblasted and letters shall be an integral part of the building's architecture. Signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered and such minimal messages such as date of establishment of business. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band or within the projecting sign and do not occupy more than fifteen (15) percent of the sign display area. 4. Projecting signs shall be stationary, may not be self -illuminated but may be lighted by surface mounted fixtures located on the sign or the adjacent facade. 5. Projecting signs shall be limited to one per tenant on street frontage and pedestrian passageway and my not exceed six square feet. Letters shall have a maximum height of 12 inches. 6. Projecting signs shall be a minimum of eight feet above the sidewalk and shall not project more than six feet from the building facade. 7. Plastic, plexi -glass, clear plex, or similar material projecting signs are prohibited unless used in conjunction with other decorative materials. r� 0 8. Projecting signs may be painted, prefinished, or utilize exposed metal. Any exposed metal shall be anodized aluminum, stainless steel, titanium, bronze, or other similar non -corrosive or ono -oxidizing materials. Window Sims 1. Window signs shall not cover more than 25 percent of the window area in which they are located. 2. Window signs shall not use bright, garish, or neon paint, tape, chalk, or paper. Menu Sims 1. Shall be located at eye level adjacent to tenant entries and shall not exceed 4 feet in height. 2. Shall be used only to convey daily specials, menus and offerings and shall be wood framed chalkboard and/or electronic board with temporary handwritten lettering. No paper construction or messages will be permitted. 3. Menu signs shall be limited to one per tenant and may not exceed 8 square feet. Festive Flags/Banners 1. Flags and banners shall be permitted on approved standards attached to the building facade and on standards attached to pedestrian area lighting. 2. Plastic flags and banners are prohibited. 3. Flags and banners shall be constructed of fabric. 4. Banners shall not contain advertising for individual users, businesses, services, or products. 5. Flags and banners shall project from buildings a maximum of two feet. 6. Flags and banners shall have a maximum area of 10 square feet. Flags and banners which are torn or excessively worn shall be removed at the request of the city. Building Directory In multi -tenant buildings, one building directory sign may be permitted. The directory sign shall not exceed eight square feet. 10 E Pole Directory Sian 11 1. Pole directory signs consisting of single poles with individual nameplate type directional arrows may be located within the development. 2. Pole directory sign shall not exceed 15 feet in height. 3. Directory signs shall be a minimum of eight feet above the sidewalk. 4. A maximum of eight directory signs may be provided per pole. 5. The maximum size of an individual sign shall be 18 inches long by four inches wide. 6. Poles shall be a minimum of 10 feet behind the curb. h. Lighting Lighting for the interior of the business center should be consistent throughout the development. The plans do not provide for street lighting. As with previous developments, the City has required the developer to install street lights throughout the street system. 2. A shoe box fixture (as specified by City Code) with decorative natural colored pole shall be used throughout the development parking lot area for lighting. Decorative, pedestrian scale lighting shall be used in plaza and sidewalk areas and may be used in parking lot areas. 3. Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. 4. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the project perimeter property line. This does not apply to street lighting. 5. Light poles shall be limited to a height of 20 feet. 6. Lighting for parking areas shall minimize the use of lights on pole standards in the parking area Rather, emphasis should be placed on building lights and poles located in close proximity to buildings. i. Parking 1. Parking shall be provided based on the shared use of surface parking areas whenever possible. Cross access easements and the joint use of parking facilities shall be protected by a recorded instrument acceptable to the city. 2. A minimum of 75 percent of a building's parking shall be located to the "rear" of the structure and in underground garages. 11 0 0 3. The development shall be treated as a integrated shopping center and provide a minimum of one space per 200 square feet of commercial/retail area. The office/personal service component shall be treated as an integrated office building and provide 4.5 space per 1,000 square feet for the first 49,999 square feet, four per thousand square feet for the second 50,000 square feet, and 3.5 per thousand square feet thereafter. Residential uses shall provide 1.5 spaces per unit as underground parking with visitor spaces provided as part of the commercial/office uses. Within sector N, visitor parking shall be provided at a rate of 0.5 stalls per unit. Hotel/motels shall comply with city ordinance. Churches/schools shall comply with city ordinance, however, a minimum of 50 percent of the parking shall be shared. 12 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF CHANHASSEN Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Date Filed�—S-15 60 -Day Review Deadline: ��=��j Planner: :5A Case #: 115 tet% ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on-site sewers..... $100 ❑ Conditional Use Permit ❑ Single -Family Residence ................................ $325 ❑ All Others ......................................................... $425 ❑ Interim Use Permit ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others ......................................................... $425 ❑ Rezoning ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑✓ Site Plan Review Administrative.................................................. $100 ❑� Commercial/Industrial Districts' ..................... 50 2 0 Plus $10 per 1,000 square feet of building ar 'A Include number of existing employees: Escrow will be requir or other applications through the and number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit _ ADDITIONAL REQUIRED FEES: ❑� Notification Sign ........................................... (City to install and remove) Q Property Owners' List within 500' ........ $3 per address (City to generate—fee determined at pre -application meeting) ❑� Escrow for Recording Documents.. $50 per documen (CUP/SPRIVACNARANAP/Metes & Bounds Subdivision) ,moi Project Name: Chanhassen Specialty Retail Q Subdivision /� ❑� Create 3 lots or less ....................................... t s3 j ❑ Create over 3 lots.......................$600 + $15 per lot ❑ Metes & Bounds .........................$300 + $50 per lot ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment........................................$15 ❑� Final Plat'.......... 2 0 'Requires addgiona 50 crow for attorney costs. Escrow will be requir or other applications through the development contract. ❑ Vacation of Easements/Right-of-way................... $300 (Additional recording fees may apply) _ 0 Variance........................................................... .. $200 ❑ Wetland Alteration Permit ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment ............................ $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) TOTAL FEES: $ 9-5a-3.00 Received from A .3C T(AAJMrSllS-- Date Received: (o S)IS Property Address or Location: Outlot B, VILLAGES ON THE PONDS, 4th ADDITION Parcel #: 258460030 Total Acreage: 2.71 Present Zoning: PUD 819E) Legal Description: Outlot B, VILLAGES ON THE PONDS, 4TH ADDITION Wetlands Present? ❑ Yes ® No Present Land Use Designation: PUD/Retail Existing Use of Property: Vacant Land Description of Proposal: 19,909 sf specialty retail. Requested Zoning: Existing, PUD Requested Land Use Designation: Retail Platting outlot underlying the Pond Promenade private road areas. R) Check box if separate narrative is attached SCANNED Ll APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. 1 agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Venture Pass Partners, LLC (or assigns) Contact: Randy Rauwerdink Address: 19620 Waterford Court Phone: (612) 801-4313 City/State/Zip: Shorewood, MN 55331 Cell: (612) 801-4313 Email: rauwerdink@venturepass.net Fax: Signature: Date: 6/5/15 PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Northcott Company Contact: Brian Schwan Address: 250 Lake Drive East Phone: (952) 294-5215 City/State/Zip: Chanhassen, M"317 Cell: Email: bschw northcotth ital' . om Fax: Signature: Ln 4 Date: 6/5/15 This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Sambatek Contact: Mike Bultman Address: 12800 Whitewater Drive Suite 300 Phone: (763) 398-0867 Cdy/State/Zip: Minnetonka, MN 55343 Cell: Email: MBultman@sambatek.com Fax: (763) 476-8532 Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: Q Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: Andy K—ik-rushle Montgomery ArchRecls ❑Q Applicant Via: Q Email ❑ Mailed Paper Copy Address: ❑Q Engineer Via: [Z]Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: ArayK@Waryhaea..— SCANNED �J 0 PROPOSED DEVELOPMENT-OUTLOT B VILLAGES ON THE PONDS 47 ADDN PROJECT SUMMARY NARRATIVE Introduction Venture Pass Partners, LLC is pleased to submit for consideration and approval, the attached applications for Site Plan Approval and Subdivision (Plat) for the 2.71 acre Outlot B, VILLAGES ON THE PONDS 47ADDITION. We are proposing to subdivide and plat this parcel into Lot 1 retail development consisting of a 19,909 sf specialty retail store, as well as Outlot A which will contain the Pond Promenade Road improvements. Sidewalk construction and improvements are proposed along the full perimeter extents of Pond Promenade Road and Main Street as part of the improvements, enhancing the pedestrian friendly character of the project. Benches and bike racks are also being incorporated to further promote the pedestrian character. Architecture and Design The 19,909 sf single story building will be detailed with a varied pallet of warm toned materials for the building exterior. Materials consist of pigmented rock face and burnished masonry, brick, EIFS cornices, standing seam metal roofing, aluminum windows, and fabric awnings. Accommodation for the 70% sloped roof coverage requirement is accomplished through the use of sloped metal roofing at portions of all four elevations and feature corner towers rising above the sloped areas to provide a visual break in the sloped areas. The main entrance on the west elevation projects out to form a covered area over the entry and also provides a sloped metal hip roof. Additional use of projecting fabric awnings and metal awnings and sculpted EIFS cornices provide increased relief within the building facade. The 50% building fenestration requirement is accomplished with an interplay of massing, color, and material detailing at each elevation. The use of large windows, sloped metal roofing, sculpted EIFS cornices, and fabric awnings provide a pedestrian scale and architectural detailing to each elevation. Windows at some locations, as governed by the Tenant's store layout, may be spandrel or translucent glass highlighted with awnings. The exterior of the building is further enhanced with an emphasis to natural plant materials using a green screen climbing landscape element at the east elevation (Main Street) and extensive use of plantings varied in height along the north, east, and south elevations. The outdoor trash storage and loading area is also screened by use of plant materials. Articulation of the south wall elevation is also accomplished with the natural building steps resulting from the receiving appendage and with the added layering and screening provided by the freestanding trash enclosure with an architectural trellis detail. Tenant signage will be integrally lit channel letters and will occur on all four building elevations as allowed by city ordinance, and will be compliant with all allowable area requirements. Stormwater Design One of the unique challenges of this project is meeting the stringent requirements of Riley -Purgatory Bluff -Creek Watershed District (RPBCWD), and specifically the standards which just became effective January 1, 2015. This is further complicated by the existence of primarily group type D soils that are pervasive across this site. Stormwater rate, water quality and abstraction requirements are being satisfied via the construction of an underground stormwater infiltration system. Extensive areas of the parking lot are to be surfaced with pervious pavers over a draintile and rock infiltration basin system. CITY OF CHANHASSEt'. RECEIVED CHANHASSEN PLANNING DFPT SCANNED y SITE LOCATION GI:NER�I, NO'I1:S PROJECT INFO. �rcw n w IkILL VI l I iw.. 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J u . w .............. ,. " . " Y - o I. " "POND P�ROIMENADE - 1 • u(V'Y u11Y Sn" 4 " . . u�� • Y �Y u u � ' r" I p �C, " " w .. .,, ,.``.. �. Y Z- K .» I R=s . ..LAKE DRIVE BIKE B;. OP\.`• , w . w w wwr,y wM u � .1 w L '�' '~ " " APARTMENTS " PmJKI: CHANHA5SEN RGFAIL MARI(CI' SymWI Qty J.bCl 1'mal Laa"I,Lumwr I- LumcnC 114 UvwnpOoo S 1'4 ti1N( 11. -1 4W)() 2W711 )SO PAIiM I'11-1 I ] WI'1 SINGH 12500 (M)7 0]511 1111 -WI -151 2 WI'2 MN(LF 65011 2604 11750 I.IGMANN- 5 WA - SINCLI' 227Kih IU50U 0750 WII2SOPM _ I � 7 P4-2 NICK -HACK 4"0 20[0] .0750 PAP.M-2-FP. AI I. MUIIN [ [NG MCilTS ARI: SI]OW N AUJACI!N'I"I O ITXTURE DOCATIONS ON PIAN ( kul.ti.. Summary -- __ Pmfea[: CIIANIASSRN RI:FAII. MARKET Labd Oak lypu _. UOile An Mn Mi. Av6Mm MYMk M Fl,..l P"lp l C al Gm,k Illmn . Fc O.M 2A QO NA. NA Prved Anx FC a C( 111= w - Fc I25 llb 0.7 4.64 1637 AW VALUESSHOWN ARF.IIORIZONI'AL MABVTAD4®FOOICANDI.® AT ORADE FUCIIIRB DISTRIBUTION TEMPLATES AJJ3SHOWN AT 0.50MFC FOR RFIERMCE USE ONIN VALUES DONOT BJCLUDE CONTRIBUTION FROM ADJACENT M'REETOR PROPERTY LIGHTING uGIRING I'WI L4.0 I ME I! �e `wxs°mn i i wM\ 19,909 S.F. Q TOTAL —J---------- -------- ------=_— ,"," 11.. 11®TRASH �- ------------- _—_—_—_-- raM.ax�ra.wr..� �r�+..c won rel i"FIR5T FLOOR IW n TRA9M � CL09URG - SOUTH MZVATION _ 9 Z M GNCL09URt - WEST MZVATION RY_ EUM�W` nrr CCN51R 4 TRA9M[NCLOSURE - MT EMVATION n SE ,"," 11.. 11®TRASH RY_ EUM�W` nrr CCN51R 11 ,.w.T_—_—_ —_— MONTGOOARCHITfi CTS ' � „ems Z 5 Mliu Du ram Q W imn „e.. .,...... ,. cn J c Z WW -- � c iJ T n RooF Dnm Debd Z �4A14i W+ o---- - - - - --i - - I .Roof Plan 4 Roof EgwpmeM 5upport Curb Dern rl RooF Match Detail E�q(Aw,NY — "pRNOt U�WN •�••••,•• ROOr MN U Roof Vern Dahll A I - EXTERIOR FINISH 5CMEDULE �ue eo e..vn Mosr.: MaRl- Wwuowrt umeec u m wxo sup m mwm.e 0 � � North dI v Wn 2, """ (7 n n �<) n n T u s FI I NO NTCORI F.R 4 R C ii I'I II ( T (�ENiuw PIn f'vuwn R�"gl " WTwN IXRRIdt [IP/ATIONS M'IIM UNDSCMNG) A2.1 SOUTIIWE5T PER57C CSI VC NOP,TIIWI' T VtR5PECnV[ 3 NO�R5PECTIVE F J Q LfLm".v PNIINA RRN MF Rvos �StRU� SOLOMON REAL ESTATE GROUP "Where Wisdom and Opportunity Meet" June 29, 2015 Mr. Bob Generous City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 RE: Planned Unit Development for Chanhassen Specialty Retail Venture Pass Partners, LLC as Applicant Dear Bob, I am writing this letter in support of the application made by Venture Pass Partners, LLC for the development of the property located at Outlot B, Villages on the Ponds 40' Addition. As a neighboring property owner, we believe it is important for the promotion of success of the retail businesses located within the Village on the Ponds to have the strong support and positive traffic generation that this proposed retail use will bring to the area. This area has lagged behind many of the businesses located across Highway 5 and needs the support of sizable, strong retailers in order to generate sufficient traffic to support strong sales volumes. In addition, this project will finally complete the Village on the Ponds development which will result in a healthy and vibrant look, feel and shopping experience. Last, the quality of the proposed architecture is strong and consistent with the other properties in the area and once completed all common areas will finally be installed in a manner consistent with the original vision for the Village on the Ponds project. We support the proposed project and hope that the City of Chanhassen will do the same. Sincerely, Jay Scott President 12300 Singletree Lane Suite 200 Eden Prairie, MN 55344 Phone: 952.974.9200 Fax: 952.974.9300 www.solomonreproup.com 0 0 AWaff, Sharmeen From: Ed Vigil <ekvigil@usinternet.com> Sent: Wednesday, July 01, 2015 11:24 AM To: AI-Jaff, Sharmeen Cc: Generous, Bob Subject: FW: TWM Hi Sharmeen, I will be traveling for the next 2 weeks and I will not be able to attend the meeting on Tuesday the 7th. However, I wanted to send you an email regarding the approval process of TWM in front of my property on Village on the Ponds. To the members of the City Council, My name is Ed Vigil, I am the owner of Bokoo Bikes and Paddlesports located at 550 Lake Dr in Chanhassen. Our building is situated directly adjacent to the proposed location of the new Total Wine and More retail store. I have been waiting for 15 years for this land to be developed and a business to open. Making use of this valuable location has been a long time coming and it is important that all potential businesses are given serious consideration. The recent recession did not help the prospects of this land being developed. There has been very little interest in this parcel over the years but there have been a few deals that fell through. Many of our customers have commented that we have a very nice pond in front of us and have been shocked to learn that the 'pond' is actually a hole that was dug in preparation for underground parking for Extended Stay Suites proposed to develop in 2001. The most recent activity was the fiasco of having another national retailer, Trader Joe's, abandon their plans to move to Chanhassen because of a clause within Lakewind's Co-op and the property owners agreement. We now have a golden opportunity for another nationally recognized retailer open up shop in our city. I would like to ask the City Council to do whatever is necessary to not lose this chance and welcome a retailer of TWM's caliber. Out of all the retailers I could imagine, this is a business with a very successful business model that will draw their customer base from outside Chanhassen because of competition generated by municipalities. Based upon the experiences of other cities, TWM will likely greatly increase consumer traffic for Chanhassen as a whole. Chanhassen is very fortunate to have been chosen as a site for expansion. I fully endorse the approval to welcome TWM to Village on the Ponds in Chanhassen. Respectfully, Ed Vigil 0 0 AI-Jaff, Sharmeen Subject: FW: VOP Association, Architectural Review Committee's Comments for "Chanhassen Specialty Retail ", Outlot B, Village on the Ponds 4th Addition. From: Mika Milovancev fmailto:mmilo(abmaaarch.com] Sent: Friday, June 26, 2015 1:15 PM To: Vernelle Clayton Subject: FW: VOP Association, Architectural Review Committee's Comments for "Chanhassen Specialty Retail ", Outlot B, Village on the Ponds 4th Addition. To: Village on the Ponds Association c/o Vernelle Clayton, the Manager of the Association. Re. VOP- Architectural Review Committee's Comments for: " Chanhassen Specialty Retail", Outlot B, VOP 4th Addition, Proposed Development Plans. Developer: Venture Pass Date issued: 6/26/2015 Dear Vernelle, It is our understanding that the proposed Chanhassen Specialty Retail will be a welcome addition both to the City, as well as for the business environment of the VOP community area. And that was always the goal for our Village: a wide range of uses that together create pedestrian oriented streets and a vibrant urban setting. Keeping that in mind, we look favorably at the proposed development, even though it is not providing the desirable mix of uses (retail, residential, office...) within this specific site area. Also, the VOP Guidelines called for the main entry to be facing the Main Street, at least for the assumed office or residential uses Guidelines envisioned on the upper floors. However, we recognize that in this case of a large, single level retail store, in order to be successful in operation, the main entry needs to be as close as possible to the parking area. Especially in case of very cold winters we have in our Minnesota. In regard to some other specifics: --- Sheet L4.0- Lighting Plan: The existing Main Street lights are neither referred to, nor reflected on the plan, but those are to remain as part of VOP's overall streetscape. Also consider: - replacing "modern", powerful Gardco wall lights along the Main Street with Longman fixtures. Gardco would interfere/"diminish" the existing traditional lights on the street, as opposed to softer Lingman lights that would blend better with the overall character of this street. - providing a special lighting effect (landscape up lights?)for the curved "green wall" facing the Main Street. --- Sheet L2.0- Landscape plan: -It calls for the existing 5 street treesto remain. This is of essence due to a very tight space between the building wall and the street sidewalk/parking, which allows only for a rather minimal new landscaping to be planted along the wall. -Also, aside of the two linden trees called for in the plan, there is not any other ground cover/landscape indicated at the NW corner of the parking lot; that needs to be corrected and properly landscaped and irrigated. --- Sheet A2.0 -Architectural Elevations: -Overall, and as well described in the "Project Summary Narrative" part of the submittal package to the City, the proposed building massing, "warm toned" facade materials, colors and various articulations, provide for desired varieties and good integration within the existing VOP community. - However, in regard to facade segments covered with the utility brick #2 at the East end North elevations, with their face flush with the adjacent wall areas, consider to change them to be either somewhat recessed, or projected out from the rest of the walls around them. That would give them a pronounced appearance and create more variety and interest on these elevations. - Specifically, at the Main Street, that wall segment could nicely follow the curved shape of the "green wall", thus breaking the monotony of the long and high flat building wall along the street. In absence of the building entry from the street, that, along with some possibly expended seating area there, would grant some interest and more of a "pedestrian oriented" feel to the street. In Conclusion: The above comments were based on our review of the set of preliminary plans (with a focus on architectural and landscape plans) as provided to us on 6/22/2015. We hope the above comments would help, along with further City's reviews and hearings, towards a successful completion and integration of this development into the VOP and City of Chanhassen urban core. Please let us know if we can be of any further assistance. Thank you, Mika Milo, r. architect For VOP Association, Architectural Review Committee. 0 *Kavost!' 7 w f. This email has been checked for viruses by Avast antivirus software. www.avast.com This email has been checked for viruses by Avast antivirus software. www.avast.com E AI-Jaff, Sharmeen 0 From: Randy Rauwerdink <RRauwerdink@VENTUREPASS. NET> Sent: Wednesday, July 01, 2015 11:18 AM To: AI-Jaff, Sharmeen Cc: Dave Carland; Andy Krenik Subject: VOP review comments Sharmeen, as follow up to a voice message that I just left for you, I wanted to discuss how or if we were to react to the plan review comments that Mika provided last Friday (through Vernelle). We generally found his comments to be very favorable, but did have some clarification or concern with some of the comments. We want to understand if any of this becomes a part of staff report or conditions, and if so we want to provide some input. Below is an initial response from our architect that addresses Mika's comments: L4.0: Lighting Plan • Main Street lights will remain and are so noted on 1-1.0 (removed and reinstalled) • The lighting plan will need to be redone as there was not enough time to redo the plan per the 19,909 sf building revision • 1 have a call in to the lighting designer to see if/how changing to the Ligman fixture will alter the lighting levels • Uplights at the green wall are not allowed per my understanding as fixtures need to have a 90 degree cutoff L2.0: Landscape Plan • Sod/irrigatation noted for the NW corner but plants can be placed there instead if so desired A2.0: Architectural Elevations Brick #2 projects out 4" at East and North Elevations. Not in favor of projecting brick #2 out any further but we can at an added cost to footings and foundation. Corner brick #1 elements are already projecting out 8" to provide varying depths for fa4ade along with projecting canopies and varying roof lines. Curving the brick wall on the east elevation will add substantial cost for additional footings and foundation work, will come very close to Utility Easement (but technically not over), and will reduce depth of planting area. The green wall is curved for that specific reason to break up the length of the elevation without adding costs and reducing planting area. Randy Rauwerdink Venture Pass Partners, LLC 19620 Waterford Court Shorewood, MN 55331 612.801.4313 rra uwerdi n k(a)ventu reoa ss. net /ENTURE PASS ,PARTNERS 7/2/2015 Roettger, Julie Houlihan Restaurant 530 Pond Promenade Chanhassen, MN 55317 Sharmeen Al-Jaff Senior Planner City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Dear City Planner, I have reviewed the request for amendment to Villages on the Ponds Planned Unit Development; Subdivision of approximately three acres into one lot and one outlot (Villages on the Ponds 11th Addition), and Site Plan Review to construct a 19,909 square -foot liquor store on property zoned Planned Unit Development (PUD) and located on Outlot B, Villages on the Ponds 4th Addition and the development application. I do support this project because I believe the customer traffic generated by the proposed high volume retailer will benefit our business while not adding additional direct competition. I also believe the architecture and design are excellent and are cohesive to the high standards that have been achieved with previous building within the development. Regards, Roettger, Julie Vice President of Operations Houlihan Restaurant 0 0 AI-Jaff, Sharmeen From: Americlnn Chanhassen, MN <Chanhassen.MN@americinn.com> Sent: Thursday, July 02, 2015 9:32 AM To: AI-Jaff, Sharmeen Subject: Our support behind the Villages on the Pond development Dear Ms. AI-Jaff - As the General Manager of the Americlnn Hotel & Suites of Chanhassen, I want to pass along my support for a new development of the vacant land located near our hotel in the Villages on the Pond area. We understand there is a possibility of a large retailer being located in a new building on that vacant land. We would be in support of the additional retailer being located there. Any retailer who can generate additional foot traffic and exposure to our businesses— as well as be an amenity for our guests — is a welcome addition to the area. We were looking at the Chanhassen Planning web site and feel the design and size of the building is complimentary to all of the neighbors. We fully support this recent development application. Thanks, Matt Matt Mayben I General Manager Americinn Hotel & Suites — Chanhassen 570 Pond Promenade I Chanhassen, MN 55317 1 Phone: (952) 934-3888 1 Fax: (952) 974-9394 1 Northcott Hospitality I W&Uating SO yeana of ko*&RN* ANIM M I rMru's I ruins rnnuun sul[li I THKI RNM I MUUIV 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 June 25, 2015, 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 Bearing for Chanhassen Specialty Retail — Planning Case 2015-17 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. Subscrib and sworn to before me thi �� ay of�l al VI.-& I2015. Notary Pubh •0.`�a/i T. MEUWISSEN I#KIM Notary PubaaMkrnaola CWW"Mm Lw« an $1, aro Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, July 7, 2015 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 for Amendment to Planned Unit Development; Subdivision of approximately three acres into one lot and one Proposal: outlot (Villages on the Ponds 1111, Addition), and Site Plan Proposal: Review with Variances to construct a 19,909 square -foot specialty retail building on property zoned Planned Unit Development PUD — Chanhassen Specialty Retail Applicant: Venture Pass Partners, LLC Property Outlot B, Villages on the Ponds 4th Addition 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 W Wthe 1. Staff will give an overview of the proposed project. at 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/2015-17. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff Questions & by email at saliaff(oo)ci.chanhassen.mn.us or by phone at 952- Comments: 227-1134. If you choose to submit written comments, it is Comments: 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. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! Cly Review Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Watland Alterations, Rezonings, Comprehensive Pan Amendments and Code Amendments require a public hearing before the Planning Commission. Cly ordinances require all property within 5DD feet of the subject site to be notified of the application In writing. Any interested party Is invited to attend the meting. • Staff prepares a report on the subject application that includes all pertinent intonation 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 dose 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 coda amendments take a simple majority vole of the City Council except rezonings and land use amendments from residential to commercial4ndustrlal. • 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 spokespersonlrepresentative is encouraged to provide a coned 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 heading, 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 haw something to be induced In the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, July 7, 2015 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 for Amendment to Planned Unit Development; Subdivision of approximately three acres into one lot and one outlot (Villages on the Ponds 11th Addition), and Site Plan Proposal: Review with Variances to construct a 19,909 square -foot specialty retail building on property zoned Planned Unit Development PUD — Chanhassen Specialty Retail Applicant: Venture Pass Partners, LLC Property Outlot B, Villages on the Ponds 41, Addition Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about t� applicant's request and to obtain input from the neighborh 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/2015-17. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff by email at saliaff(rDci.chanhassen.mn.us or by phone at 952 - Questions & 227-1134. If you choose to submit written comments, it is Comments: 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 tho Planning Commission meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alteraaons, Rezonings. Comprehensive Pan Amendments and Code Amendments require a public hearing before Me Planning Commission. City ordinances require all property, within 500 feet of the subject site to be notified of the application in wilting. Any interested party is invited to attend the meting. • Staff prepares a report on the subject application that includes all pertinent Information and a recommendation. These reports are available by request. At the Panning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will he opened for the public to speak about the proposal as a part of the hearing process. The Commission will dose 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 moorings and land use amendments from residential to commercial4ndustnal. • 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 lake several months to complete. Any person wishing to follow an item through the process should check with the Panning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative 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 Panning Commission holds the public hearing, the City Council does not. kanutes are taken and any correspondence regarding me application will be Induced in the report to the City Council. ff you wish to have something to be induced in the report, lease contact the Manning Staff person named on the notification. AUSMAR DEVELOPMENT CO LLC 5916 HANSEN RD MINNEAPOLIS, MN 55436-2513 CHURCH OF ST HUBERT 8201 MAIN ST CHANHASSEN, MN 55317-9647 LAKE SUSAN APARTMENT HOMES LLC 11455 VIKING DR # 350 EDEN PRAIRIE, MN 55344-7206 ROSEMOUNT INC 12001 TECHNOLOGY DR EDEN PRAIRIE, MN 55344-3695 VIGIL COMPANIES LLC 550 LAKE DR CHANHASSEN, MN 55317-9378 WHEATSTONE RESTAURANT GROUP 250 EAST LAKE DR CHANHASSEN. MN 55317-9364 0 0 CHANHASSEN RETAIL LLC 9478 RILEY LAKE RD EDEN PRAIRIE, MN 55347-3490 COMMUNITY BANK CORPORATION PO BOX 177 CHANHASSEN, MN 55317-1177 NORTHCOTT COMPANY 250 EAST LAKE DR CHANHASSEN, MN 55317-9364 SILO BUILDING LLC 3561 44TH ST W MINNEAPOLIS, MN 55410-1359 VILLAGES ON THE PONDS ASSN INC PO BOX 404 CHANHASSEN, MN 55317-0404 CHCR LLC PO BOX 1038 MASON CITY, IA 50402-1038 KINSALE OF CHANHASSEN LLC PO BOX 404 CHANHASSEN, MN 55317-0404 PHM/CHANHASSEN INC 2845 HAMLINE AVE N ROSEVILLE. MN 55113-7127 STORE MASTER FUNDING VI LLC 8501 E PRINCESS DR STE 190 SCOTTSDALE, AZ 85255-5494 VOP ILLC PO BOX 404 CHANHASSEN, MN 55317-0404