Dakota Retial Agreement CC CoverpageCity Council Item
October 10, 2022
Item Approve Agreement with Dakota Retail LLC for Lot 1, Block 1, Dakota Retail
(southwest corner of Highway 5 and Dakota Avenue)
File No.Planning Case 2014-11 Dakota Retail Item No: D.6
Agenda Section CONSENT AGENDA
Prepared By Sharmeen Al-Jaff, Senior Planner
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
"The Chanhassen City Council approves Development Agreement with Dakota Retail LLC for Lot
1, Block 1, Dakota Retail".
Motion Type Simple Majority Vote of members present
Strategic
Priority Development & Redevelopment
SUMMARY
BACKGROUND
On April 28, 2014, the City Council approved a site plan for an 8,000 square-foot multi-tenant building.
On April 11, 2022, the applicant requesting an amendment to the Site Plan Agreement to reconfigure
the parking lot and improve traffic circulation for the property. The required number of parking spaces
per ordinance is 65.
The applicant provided 55 spaces and requested deferment of adding the 10 parking spaces if the need
presents itself.
The City Council denied the request for deferment and required the parking spaces be provided. Adding
the additional 10 spaces triggered the need for a Watershed Permit and redesign of the Stormwater Pond
on the site.
DISCUSSION
The applicant began the process of working with the watershed to obtain a permit. At the same time, a
building permit application was submitted to renovate the westerly 2,753 square feet of the building
into a restaurant (Tono Pizza) with a liquor license.
Staff issued the building permit with the following condition:
A Certificate of Occupancy for 190 Lake Drive E. #110 will not be issued until the revised site plan
improvements are completed and an Operation and Maintenance Agreement has been approved and
recorded for the private storm water management best management practices (BMPs).
Due to circumstances beyond the applicant’s control (shortage of labor, custom built estimated time of
16 weeks and timing of constructions season), the site improvements pertaining to stormwater, parking
and circulation have not been started.
The applicant met with staff, explained the situation and asked if he can open the restaurant and
complete the site improvements in two phases. Staff and the applicant evaluated the options and
reached a mutually agreeable solution.
Restaurant Operation and Site Improvements Under Phase I:
Widen the drive through to two (2) lanes as well as add two (2) new parking spaces to the
development and relocate the trash enclosure.
Phase I must be completed before the restaurant can be opened.
The restaurant can be open for pickup and delivery only. Seated dining is prohibited. This will
allow the space to function as a retail store rather than a restaurant.
Restaurant Operation and Site Improvements Under Phase II:
All site improvements shown in the exhibit attached to the agreement shall be completed and
accepted by the City before restaurant seating or alcohol service can resume.
Attached is an agreement detailing the requirements for this phased restaurant opening.
BUDGET
RECOMMENDATION
"The Chanhassen City Council approves Development Agreement with Dakota Retail LLC for Lot 1,
Block 1, Dakota Retail".
ATTACHMENTS
Development Agreement
Exhibit Phase 1 Fall 2022
E-mail from Dario Klasic
Traffic/Parking Study
Letter of Credit to Watershed
Parking Lot Enhancements
Storm Sewer Installation