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06-20-23 PC Agenda and Packet A.6:00 P.M. - CALL TO ORDER B.PUBLIC HEARINGS B.1 Consider a request side yard setback, lot cover, and other variances to build a garage for a property located at 206 W 78th Street and zoned Single Family Residential. B.2 Consider a request for an amendment to the 2040 Comprehensive Plan Land Use Map from Residential - Large Lot (2.5 acre minimum) to Residential - Low Density (net density 1.2-4 units per acre). Property located at 7620-7750 Crimson Bay Road. B.3 Consider a request for a Site Plan Review to build an indoor Pickleball facility and outdoor courts for property located at 2970 Water Tower Place. C.GENERAL BUSINESS D.APPROVAL OF MINUTES D.1 Approve Planning Commission Meeting Minutes dated June 6, 2023 E.COMMISSION PRESENTATIONS F.ADMINISTRATIVE PRESENTATIONS G.CORRESPONDENCE DISCUSSION H.ADJOURNMENT I.OPEN DISCUSSION AGENDA CHANHASSEN PLANNING COMMISSION TUESDAY, JUNE 20, 2023 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in the official by-laws. We will make every attempt to complete the hearing for each item on the agenda. If, however, this does not appear to be possible, the Chairperson will notify those present and offer rescheduling options. Items thus pulled from consideration will be 1 listed first on the agenda at the next Commission meeting. If a constituent or resident sends an email to staff or the Planning Commission, it must be made part of the public record based on State Statute. If a constituent or resident sends an email to the Mayor and City Council, it is up to each individual City Council member and Mayor if they want it to be made part of the public record or not. There is no State Statute that forces the Mayor or City Council to share that information with the public or be made part of the public record. Under State Statute, staff cannot remove comments or letters provided as part of the public input process. 2 Planning Commission Item June 20, 2023 Item Consider a request side yard setback, lot cover, and other variances to build a garage for a property located at 206 W 78th Street and zoned Single Family Residential. File No.Item No: B.1 Agenda Section PUBLIC HEARINGS Prepared By MacKenzie Young-Walters, Associate Planner Applicant Allison Schmitt 206 West 78th Street Chanhassen, MN 55317 Present Zoning Single Family Residential District (RSF) Land Use Residential Low Density Acerage .18 Density NA Applicable Regulations Chapter 1, General Provisions Section 1-2, Rules of Construction and Definitions Chapter 20, Article II, Division 3. Variances Chapter 20, Article II, Division 4. Nonconforming Uses Chapter 20, Article XII, “RSF” Single-Family Residential District Section 20-615, Lot Requirements and Setbacks. Chapter 20, Article XXIII, Division 1, Generally Section 20-904, Accessory Structures Section 20-905, Single-Family Dwellings Chapter 20, Article XXIV, Division 2, Parking and Loading Section 20-1122, Access and Driveways 3 SUGGESTED ACTION “The Chanhassen Board of Appeals and Adjustments approves the requested 6-foot side yard setback, 2-foot driveway setback, and 5 percent lot cover variances for the construction of a detached garage, subject to the conditions of approval, and adopts the attached Findings of Facts and Decision.” SUMMARY The applicant is requesting a variance to replace a detached garage with a nonconforming 1.3 side yard setback, with a larger detached garage with a four-foot side yard setback. The larger size of the proposed garage and associated increase in driveway size will increase the property’s lot cover from 22.7 percent to 28.5 percent. The applicant is also proposing maintaining the driveway’s nonconforming three-foot side setback while increasing the driveway length. Although the proposal increases the detached garage’s side yard setback, the increased lot cover, driveway length, and increased structure footprint within the side yard setback require variances. Staff is recommending that 30 percent lot cover be permitted to facilitate the construction of a driveway turnaround. BACKGROUND County records indicate the home was built in 1928. Several permits for routine maintenance and upkeep are on file with the city. DISCUSSION The applicant is proposing replacing an existing one-car detached garage with a larger two-car detached garage. The proposal would increase the existing non-conforming side yard setback from 1.3 feet to four feet and require expanding the driveway. The resulting changes will increase the property’s impervious lot cover beyond the district’s permitted 25 percent limit and the applicant is proposing vacating the alleyway behind the house to help mitigate the requested increase in lot cover. The applicant has stated that the proposed garage expansion is necessary to provide space to park two-cars and provide the property with additional storage space. They have indicated that the proposed garage placement was selected to minimize the need to expand/relocate the existing driveway while providing an area for vehicles to turnaround. They noted that shifting the garage over would increase the amount of impervious surface on the property and would also reduce the amount of useable rear yard area. Finally, they observed that the property’s substandard size and existing non-nonconformities make it impractical to add a two-car garage without requesting a variance. The City Code’s standards for single-family dwellings requires a two-car garage. In situations where an existing home does not have a two-car garage, the city has always considered variances requests to facilitate the construction of two-car garages to be reasonable requests. In addition to requiring two car garages, the City Code also requires driveway turnaround for properties accessing collector roads. Engineering does not believe the proposed turnaround will be adequate to accommodate vehicular turning movements and is recommending that the size of the driveway be increased by approximately 140 square feet to provide a functional turnaround which will increase the size of the required lot cover variance. The proposed lot cover variance is the result of the property’s substandard size and the 4 requirements of the City Code. The total amount of lot cover being proposed is not excessive and cannot be significantly reduced due the site’s existing conditions. While staff would not typically support the proposed four-foot side yard setback, the applicant is improving on the existing 1.3-foot side yard setback and the applicant’s goals of minimizing new impervious surface and maintaining as much usable rear yard space as possible on a small lot are factors in favor of granting the requested side yard setback variance. Given the unique constraints of the lot and need for an adequate turnaround, staff is recommending that the Planning Commission approve the requested side yard setback variance and approve a 5 percent lot cover variance, rather than the requested four percent lot cover variance. RECOMMENDATION Staff recommends that the Planning Commission approve the requested six-foot side yard setback and five percent lot cover variance, for the construction of a detached garage, subject to the following conditions: 1. A building permit must be obtained prior to demolishing any structures on the site and before beginning any construction on the site. 2. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 3. Retaining walls (if present) more than four feet high, measured from the bottom of the footing to the top of the wall, must be designed by a professional engineer and a building permit must be obtained prior to construction. Retaining walls (if present) under four feet in height require a zoning permit. 4. The applicant shall have the proposed right-of-way (alley) vacated and recorded with the Carver County Land Records Department prior to issuance of a building permit. 5. The applicant shall update their construction plans to include a turnaround in accordance with Sec 20-1122(d)(8) of City Ordinance prior to issuance of a building permit. 6. The planter box depicted in the public right-of-way (alley) owned by the applicant must be relocated within the applicant’s property and maintain a minimum separation of 10 feet from the sanitary sewer main located within the right-of-way. 7. A revised design must be developed by the applicant to address the increase in stormwater volumes created over the lot cover limit. The design shall include stormwater Best Management Practices (BMPs) to treat stormwater calculated as 0.55 inches multiplied by the increase in lot cover over 25%. Design plans must be approved by the Water Resources Engineer. 8. An Operations and Maintenance agreement describing the precise location and extent of the onsite BMP(s), as well as maintenance activities and an inspection checklist shall be signed by the property owner and the city and shall be recorded against the property at the county recorder's office. The property owner shall be responsible for all costs and fees associated with the operations and maintenance agreement creation and recording. 9. The installation of any improvements on the Site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Natural Resources and the Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be obtained prior to any site improvements. 10. Eaves may extend no more than 1.5 feet beyond the approved setback and the edge of the eaves must be at least 2.5 feet from the side lot line. 11. Gutter downspouts may not be oriented to the west. ATTACHMENTS 5 Staff Report Engineering Memo Findings of Facts Variance Document Variance Application 206 W 78TH Survey Narrative Affidavit of Mailing 206 W 78th Street 6 CITY OF CHANHASSEN PC DATE: June 20, 2023 CC DATE: July 10, 2023 REVIEW DEADLINE: July 18, 2023 CASE #: PC 2023-11 BY: MYW SUMMARY OF REQUEST: The applicant is requesting a variance to replace a detached garage with a nonconforming 1.3 side yard setback, with a larger detached garage with a four-foot side yard setback. The larger size of the proposed garage and associated increase in driveway size will increase the property’s lot cover from 22.7 percent to 28.5 percent. The applicant is also proposing maintaining the driveway’s nonconforming three-foot side setback while increasing the driveway length. Although the proposal increases the detached garage’s side yard setback, the increased lot cover, driveway length, and increased structure footprint within the side yard setback require variances. LOCATION: 206 West 78th Street APPLICANT: Allison Schmitt 206 West 78th Street Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential Distract (RSF) 2040 LAND USE PLAN: Residential Low Density ACREAGE: .18 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is proposing replacing an existing one-car detached garage with a larger two-car detached garage. The proposal would increase the existing non-conforming side yard setback from 1.3 feet to four feet and require expanding the driveway. The resulting changes will PROPOSED MOTION: “The Chanhassen Board of Appeals and Adjustments approves the requested 6-foot side yard setback, 2-foot driveway setback, and 5 percent lot cover variances for the construction of a detached garage, subject to the conditions of approval, and adopts the attached Findings of Facts and Decision.” 7 206 W 78th St June 20, 2023 Page 2 increase the property’s impervious lot cover beyond the district’s permitted 25 percent limit and the applicant is proposing vacating the alleyway behind the house to help mitigate the requested increase in lot cover. The applicant has stated that the proposed garage expansion is necessary to provide space to park two-cars and provide the property with additional storage space. They have indicated that the proposed garage placement was selected to minimize the need to expand/relocate the existing driveway while providing an area for vehicles to turnaround. They noted that shifting the garage over would increase the amount of impervious surface on the property and would also reduce the amount of useable rear yard area. Finally, they observed that the property’s substandard size and existing non-nonconformities make it impractical to add a two-car garage without requesting a variance. The City Code’s standards for single-family dwellings requires a two-car garage. In situations where an existing home does not have a two-car garage, the city has always considered variances requests to facilitate the construction of two-car garages to be reasonable requests. In addition to requiring two car garages, the City Code also requires driveway turnaround for properties accessing collector roads. Engineering does not believe the proposed turnaround will be adequate to accommodate vehicular turning movements and is recommending that the size of the driveway be increased by approximately 140 square feet to provide a functional turnaround which will increase the size of the required lot cover variance. The proposed lot cover variance is the result of the property’s substandard size and the requirements of the City Code. The total amount of lot cover being proposed is not excessive and cannot be significantly reduced due the site’s existing conditions. While staff would not typically support the proposed four-foot side yard setback, the applicant is improving on the existing 1.3-foot side yard setback and the applicant’s goals of minimizing new impervious surface and maintaining as much usable rear yard space as possible on a small lot are factors in favor of granting the requested side yard setback variance. Given the unique constraints of the lot and need for an adequate turnaround, staff is recommending that the Planning Commission approve the requested side yard setback variance and approve a 5 percent lot cover variance, rather than the requested four percent lot cover variance. APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2, Rules of Construction and Definitions Chapter 20, Article II, Division 3. Variances Chapter 20, Article II, Division 4. Nonconforming Uses Chapter 20, Article XII, “RSF” Single-Family Residential District Section 20-615, Lot Requirements and Setbacks. Chapter 20, Article XXIII, Division 1, Generally Section 20-904, Accessory Structures Section 20-905, Single-Family Dwellings Chapter 20, Article XXIV, Division 2, Parking and Loading Section 20-1122, Access and Driveways 8 206 W 78th St June 20, 2023 Page 3 BACKGROUND County records indicate the home was built in 1928. Several permits for routine maintenance and upkeep are on file with the city. SITE CONSTRAINTS Zoning Overview The property is zoned single-family residential (RSF) district. The table below shows what is required by the zoning code for detached garage and what is being proposed by the applicant. 9 206 W 78th St June 20, 2023 Page 4 Ordinance Existing Proposed Zoning (Detached Accessory) RSF RSF RSF Lot Area 15,000 SF 7,915 SF 8395 SF* Structure Size Max 1,000 SF 216 SF 528 SF Front Yard Setback 30’ 62’ 66’ Side Yard Setback 10’ 1.3’ (W)/46.8’ (E) 4’ (W)/34’ (E) Rear Yard Setback** 30’ 52.2’ 42.1’ Impervious Lot Coverage 25% (3,750 SF) 22.7% (1,793 SF) 28.5% (2,389 SF) Pervious Lot Coverage 5% (750 SF) 0% (0 SF) 0% (0 SF) Lot Frontage 90’ 60.08’ 60.08’ Lot Depth 125’ 134.5’ 134.5’ Driveway Setback*** 5’ 3’ 3’ Accessory Structure Height 20’/1 story Unknown Unknown *The applicant is proposing vacating the alley behind the home, which would add 480 square feet to the property’s lot area. **Rear yard setbacks change with the size of an accessory structure. The existing garage would need to meet a 10-foot rear yard setback and the proposed garage would need to meet a 30-foot rear yard setback. ***Driveway setbacks as low as five feet can be approved by the City Engineer. In addition to the detached garage, the property’s existing home has a nonconforming 7.9-foot front yard setback and a portion of the neighboring property’s patio encroaches approximately one foot onto the property. The property also lacks a two-car garage and does not meet the 960 square-foot minimum home size for a rambler-style home required by City Code. Finally, there is no driveway turnaround as is required by the City Code for properties on a collector. All other aspects of the property appear to meet the requirements of the City Code. Bluff Creek Corridor This is not encumbered by the Bluff Creek Overlay District. Bluff Protection Bluffs are not present on the property. Floodplain Overlay The property is not within an area of elevated flood risk. Shoreland Management The property is not located within the Shoreland Management District. 10 206 W 78th St June 20, 2023 Page 5 Wetland Protection There is not a wetland located on the property. NEIGHBORHOOD City Lots of Chanhassen The plat for this area was recorded in October of 1887. Over the subsequent century, the City of Chanhassen was formed, a zoning code was passed, the zoning code was amended numerous times, and buildings were built, demolished, and rebuilt to meet the standards and needs of the existing ordinances. Many of the lots in this area are substandard, with unimproved alleys bordering the rear yard. Variances and nonconforming structures are common, with many property’s being over the required lot cover or having structures that encroach into required setbacks. Variances within 500 feet: 1979-13 201 Chan View: Approved- five-foot side and 25-foot rear yard setbacks (detached garage) 1980-05 203 ½ Chan View: Approved- five-foot side and 20-foot rear yard setbacks (detached garage) 1983-13 222 Chan View: Approved- seven-foot side yard setback (attached garage) 1985-06 7725 Frontier Trail: See 1988-10 1986-05 202 W 77th Street: Approved- two-foot side yard setback (detached garage) 1986-10 7791 Erie Ave: Approved- 10-foot front yard setback (house) 1988-10 7725 Frontier Trail: Approved- three-foot side yard setback (convert 1 car garage to 2 car garage) 1999-06 226 Chan View: Approved- 18-foot front yard setback (addition) and 10-foot front yard setback (detached garage) 11 206 W 78th St June 20, 2023 Page 6 2001-01 220 W 78th Street: Approved- 21.5-foot front yard setback (addition) 2004-39 222 W 78th Street: Approved- 26.2-foot front yard setback to intensify existing non- conformity (front canopy with supports) 2017-21 204 W 78th Street: Approved- 3-foot front yard setback and 1.5% lot cover (pergola and driveway expansion). 2020-03 306 W 78th Street: Approved- 1-foot height and 11.33 sq. ft. display area (sign). 2020-17 7727 Frontier Trail: Approved- 11.75-foot front yard setback and 7% lot cover (detached garage). ANALYSIS Side Setback The existing garage has a 1.3-foot side yard setback. The applicant is proposing constructing a new garage with a four-foot side yard setback. The applicant has stated that they are requesting this side yard setback in order to allow them to utilize the existing driveway and minimize the amount of lot cover that will need to be added to provide access to the new garage and facilitate turning movements. They have also stated that the proposed placement will leave more of the backyard open for other uses, which they feel is an important consideration given how small the lot is. In determining the reasonableness of the requested side yard setback variance, both the width of the property and extent of the existing non- conforming setback should be taken into account. The applicant’s parcel is 60 feet wide which is 30 feet narrower than the minimum width required by the city’s zoning code for RSF properties. While a 60-foot-wide lot could theoretically accommodate a garage meeting the required 10-foot side yard setback, the location of the existing home and driveway do not lend themselves to such a placement and requiring the applicant to meet the 10-foot setback would require a further increase the property’s lot cover. Staff also recognizes that shifting the garage over would reduce the usable amount of rear yard space available to the property owner. While staff typically does not recommend approval of side yard setbacks under five feet, in this case the existing garage has a non-conforming 1.3-foot side yard setback and the applicant’s requested four-foot side yard setback is an improvement to the existing non-conforming situation. Additionally, the existing driveway is designed to work with the current garage’s 1.3- foot side yard setback and the location of the home limits the applicant’s ability to substantially relocate the existing driveway. Finally, the proposed setback creates an approximately 17-foot 12 206 W 78th St June 20, 2023 Page 7 separation between the garage and neighboring home’s garage which should prevent the proposed setback reduction form negatively impacting the neighboring home. For these reasons, staff recommend approval the proposed four-foot side yard setback. Lot Cover The applicant’s proposed two-car garage and associated driveway expansion would increase the property’s lot cover by approximately 600 square feet. While the applicant is proposing vacating the alley behind the house to help offset the new lot cover, the proposal still results in the property exceeding the district’s 25 percent impervious surface limit by 3.5 percent. Additionally, the engineering department has noted that the proposed driveway configuration would not provide a turnaround meeting the requirements for properties with access to a collector road and that approximately 140 square feet of additional lot cover would be required to create an adequate turnaround. Incorporating the required turnaround would result in around 30 percent impervious surface. Due to the fact that the lot is approximately half the size of an RSF lot meeting the minimum requirements of the zoning code and the constraints imposed by location of the existing home and driveway access, there is no ability to add a two-car garage to this property without increasing without exceeding the property’s 25 percent impervious surface limit. A two-car garage is a requirement for all single-family homes in Chanhassen and the city has always taken the position that variance requests to add two-car garages to properties that do not have them are reasonable. In evaluating the extent of the requested lot cover variance, staff always looks for areas where excessive or unnecessary lot cover can be removed. In this case, the house itself has a smaller footprint than would be required of a new single-family home and the applicant is already proposing to remove portions of the small existing rear patio. Given the location of the home, it is difficult to imagine a plausible configuration that would result in less lot cover than the applicant is proposing. Additionally, a portion of the lot cover variance is being required by staff over and beyond what the applicant is requiring in order to provide a functional turnaround. Staff supports a 30 percent lot cover variance for the property; however, it should also be noted that this area does not have adequate stormwater infrastructure and that the applicant also has an option under the city code to use pervious pavers to complete the project without a lot cover 13 206 W 78th St June 20, 2023 Page 8 variance. For these reasons staff is proposing that the applicant be required to provide a stormwater BMP (best management practice) to address the impact of any impervious surface they add over the permitted 25 percent. This BMP could be using pervious pavers for 5 percent of the lot cover as permitted by the city code, installing a rain garden, or some other form BMP. Staff is recommending grating the lot cover variance with this condition rather than mandating the use of pervious pavers because pervious pavers are not always a viable solution and, in recognition of the difficulties associated with the lot and reasonableness of the request, we want to provide the applicant the maximum amount of flexibility in determining how best to offset impact of the increased lot cover. Impact on Neighborhood This neighborhood is one of the oldest in the city with a preponderance of lots that do not meet the dimensional requirements of the existing zoning code. Many of the older homes in the area were built prior to garages being common and many properties have received variances to accommodate additions and garages. The two-car garage proposed by the application is of an average size and a typical design. The applicant is proposing to use the existing driveway and access and the proposed garage is set back on the property and the expanded portion is partially screened from view by the existing home. While the requested side yard setback places the garage nearer to the western neighbor than the code would ordinarily allow, it is an improvement to the existing placement of the current garage. The new garage will also be pushed father back on the lot and its expanded area will entirely border the neighbor’s garage which should minimize its impact on their rear yard view. Given the above, staff does not expect the proposed garage to be out of keeping with the existing neighborhood’s character or to negatively impact the neighboring properties. RECOMMENDATION Staff recommends that the Planning Commission approve the requested six-foot side yard setback and five percent lot cover variance, for the construction of a detached garage, subject to the following conditions: 1. A building permit must be obtained prior to demolishing any structures on the site and before beginning any construction on the site. 2. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 14 206 W 78th St June 20, 2023 Page 9 3. Retaining walls (if present) more than four feet high, measured from the bottom of the footing to the top of the wall, must be designed by a professional engineer and a building permit must be obtained prior to construction. Retaining walls (if present) under four feet in height require a zoning permit. 4. The applicant shall have the proposed right-of-way (alley) vacated and recorded with the Carver County Land Records Department prior to issuance of a building permit. 5. The applicant shall update their construction plans to include a turnaround in accordance with Sec 20-1122(d)(8) of City Ordinance prior to issuance of a building permit. 6. The planter box depicted in the public right-of-way (alley) owned by the applicant must be relocated within the applicant’s property and maintain a minimum separation of 10 feet from the sanitary sewer main located within the right-of-way. 7. A revised design must be developed by the applicant to address the increase in stormwater volumes created over the lot cover limit. The design shall include stormwater BMP(s) to treat stormwater calculated as 0.55 inches multiplied by the increase in lot cover over 25%. Design plans must be approved by the Water Resources Engineer. 8. An Operations and Maintenance agreement describing the precise location and extent of the onsite BMP(s), as well as maintenance activities and an inspection checklist shall be signed by the property owner and the city and shall be recorded against the property at the county recorder's office. The property owner shall be responsible for all costs and fees associated with the operations and maintenance agreement creation and recording. 9. The installation of any improvements on the Site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Natural Resources and the Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be obtained prior to any site improvements. 10. Eaves may extend no more than 1.5 feet beyond the approved setback and the edge of the eaves must be at least 2.5 feet from the side lot line. 11. Gutter downspouts may not be oriented to the west. g:\plan\2023 planning cases\23-11 206 w 78th st - var\staff report_206 w 78th st var.docx 15 Memorandum To: MacKenzie Young-Walters, Associate Planner From: Erik Henricksen, Project Engineer Joe Seidl, Water Resources Engineer CC: Charles Howley, Public Works Director/City Engineer George Bender, Assistant City Engineer Charlie Burke, Public Works Operations Manager Date: 6/8/2023 Re: Side Yard Setback, Lot Cover, and Other Variances at 206 W 78th Street – Planning Case #2023-11 The Engineering and Water Resources Departments have reviewed the Variance submittal for 206 W 78th Street. These comments are divided into two categories: general comments and proposed conditions. General comments are informational points to guide the applicant in the proper planning of infrastructure for this project, to inform the applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed conditions are requirements that Engineering and Water Resources recommends be formally imposed on the applicant in the final order. Note that references to the “City Standards” herein refer to the City of Chanhassen Standard Specifications and Detail Plates. General Comments/Findings 1. Any and all plans submitted with this application have been reviewed only for the purpose of determining the feasibility of the project based on the variance(s) requested and that the proposal is in accordance with City Standards. A recommendation of variance approval does not constitute final approval of details, including but not limited to alignments, materials and points of access, utility connections or discharge, that are depicted or suggested in the application. The applicant is required to submit detailed construction drawings for the project, as applicable. The City of Chanhassen Engineering and Water Resources Departments will review plans, in detail, when they are submitted and approve, reject or require modifications to the plans or drawings based upon 16 conformance with City Standards, the Chanhassen Code of Ordinances, the final order of the Variance determination(s), and the professional engineering judgment of the City Engineer. 2. It is the opinion of the Engineering and Water Resources Departments that the proposed variances can be developed in accordance with the requirements of the Chanhassen Code of Ordinances (as it pertains to Engineering and Public Works requirements) and City Standards, provided it fully addresses the comments and conditions contained herein and can be approved. 3. The applicant is proposing to demolish an existing single-car detached garage to construct a new two-stall detached garage at 206 W 78th Street. The proposed improvement will require two variances: a side yard setback and lot cover variance. Engineering and Water Resources have no comment on the side yard setback variance. 4. The demolition of the existing single-car detached garage in order to construct a new two-stall detached garage inherently adds impervious area increasing the overall hardcover calculated for the property. The applicant has provided surveys by Sisu Land Surveying dated 5/17/2023 and prepared by Curtiss J. Kallio, RLS for the existing conditions and the proposed conditions. The existing conditions survey indicates a lot area of 7915 square feet with an existing hardcover of 1793 square feet, or 22.7% hardcover. The proposed conditions survey indicates a lot area of 8395 square feet, an increase of 480 square feet, as the applicant has started the process of petitioning the city for vacation of public right-of-way (alley) abutting the property to the north. Staff is in support of this vacation. With the potential increase in lot area, and the addition of the proposed two stall detached garage and associated driveway improvements, the total hardcover would be 2389 square feet, or 28.5%. See proposed condition 1. 5. The property’s egress/ingress is had via W 78th Street which is classified as a collector road. In accordance with Sec. 20-1122(d)(8) a turnaround is required when a driveway enters a collector road. This requirement is to prevent a vehicle from having to back-out of a driveway onto a collector, which can create unnecessarily unsafe conditions for both the driver leaving the property but also the traveling public as collector roadways have higher volumes of traffic and typically higher speeds when compared to local roads. The applicant’s proposed survey does not depict a turnaround and must be updated accordingly upon building permit submittal. Engineering has reviewed the proposed survey, and it would appear that an additional 140 square feet of hardcover would be required to construct the minimum turnaround. This would increase the amount of hardcover by approximately 1.6%. Engineering is in support of this relatively small increase to the hardcover variance being requested in order to promote the safety of the traveling public. See proposed condition 2. 6. The existing conditions survey depicts a planter box owned by the applicant located within the public right-of-way (alley) and over a public sanitary sewer main. When 17 private improvements are located over public utilities it can make the maintenance or repair of those utilities difficult and unnecessarily burdensome. Also, if the vacation being petitioned by the applicant is approved, the box would still not be located within the owner’s property. In order to properly maintain the sanitary sewer main and to ensure the private improvement owned by the property owner is located on their property, the box must be relocated. See proposed condition 3. 7. The proposed driveway and garage improvements would increase the impervious area of the lot to 2389 square feet, or 28.5% of the lot size . The proposed plan would increase the lot cover by 3.5% over the 25% maximum lot cover that the property is zoned for, which equates to 294 square feet. There are no existing stormwater best management practices (BMPs) on the property. 8. Increased impervious area acts to limit infiltration which results in additional stormwater being generated by the site. Increased stormwater volumes create additional pollutant loads being transferred off the site and into public infrastructure and downstream water resources. City stormwater infrastructure is sized based on lot cover, therefore increasing a site’s lot cover over the approved percentage would act to stress stormwater infrastructure and could create adverse impacts downstream. 9. The City’s Local Stormwater Management Plan has an entire section dedicated to water quality, its importance, and strategies to improve water quality as the city is redeveloped. Policy 2.2 Require that development and redevelopment projects demonstrate no net increase in the annual mass of total suspended solids (TSS), total phosphorous (TP) from the site compared to pre-development conditions. Policy 2.3 Require owners of development or redevelopment projects to provide on-site volume reduction or treatment or, where volume reduction is infeasible, contribute to the construction or improvement of a regional facility. One of the city’s chief strategies for achieving its water quality goals is to require development and redevelopment to provide stormwater quality treatment through abstraction of 1.1 inches of runoff from impervious surfaces, or if that is infeasible, to provide treatment by some other means. Because the area like most of Chanhassen has clay soils a reduced water quality amount is suggested of 0.55 inches multiplied by the increase in impervious area over the zoned lot cover 18 10. The applicant’s proposed design did not include any stormwater best management practices (BMPs). Typical BMPs for this type of project would include rain gardens, pervious pavement, native buffers, and/or rain barrels. No stormwater design calculations or vegetation plans were submitted as part of the variance. BMPs would treat stormwater, reduce stormwater volumes, and act to mitigate impacts from the construction and increased impervious area in the proposed plan if designed, installed, and properly maintained. As such the applicant shall submit a revised design and calculations that includes the use of BMP(s) to treat stormwater. The amount of stormwater treated shall be calculated as 0.55 inches multiplied by the increase in impervious area (square foot) for the proposed improvements over the 25% lot cover. The revised site/BMP design must be approved by the Water Resources Engineer. The stormwater BMP(s) will be private and will therefore require an Operations and Maintenance agreement to be recorded at the Carver County Recorder’s office. The city has a process and template forms that can be used. The applicant shall be responsible for the creation of the Operations and Maintenance agreement and all recording costs. See conditions 4 and 5. Proposed Conditions 1. The applicant shall have the proposed right-of-way (alley) vacated and recorded with the Carver County Land Records Department prior to issuance of a building permit. 2. The applicant shall update their construction plans to include a turnaround in accordance with Sec 20-1122(d)(8) of City Ordinance prior to issuance of a building permit. 3. The planter box depicted in the public right-of-way (alley) owned by the applicant must be relocated within the applicant’s property and maintain a minimum separation of 10’ from the sanitary sewer main located within the right -of-way. 4. A revised design must be developed by the applicant to address the increase in stormwater volumes created over the lot cover limit. The design shall include stormwater BMP(s) to treat stormwater calculated as 0.55 inches multiplie d by the increase in lot cover over 25%. Design plans must be approved by the Water Resources Engineer. 5. An Operations and Maintenance agreement describing the precise location and extent of the onsite BMP(s), as well as maintenance activities and an inspection checklist shall be signed by the property owner and the city and shall be recorded against the property at the county recorder's office. The property owner shall be responsible for all costs and fees associated with the operations and maintenance agreement creation and recording. 19 6. The installation of any improvements on the Site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Natural Resources and the Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be obtained prior to any site improvements. 20 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Allison Schmitt for side yard setback, driveway setback, and lot cover variances to facilitate the construction of a detached garage on a property zoned Single Family Residential District (RSF) – Planning Case 2023-11. On June 20th, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. The legal description of the property is: Lots 2, Block 2, City Lots of Chanhassen, Carver County, Minnesota 3. Variance Findings – Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the Comprehensive Plan. Finding:The City Code requires single-family homes to have a two-car garage with the intention of ensuring adequate off-street parking and accommodating the indoor storage of vehicles and other household items. The City Code also requires that properties with access off of a collector road have a turnaround to facilitate safe egress. The variances to lot cover and side yard setbacks are necessary to allow the property to add a two-car garage with driveway turnaround. Adding features to a property that are required by City Code is consistent with the intent of the zoning code and Comprehensive Plan. b.When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. 21 2 Finding:A two-car garage is a reasonable use for a property zoned RSF that cannot be constructed on this property due to the zoning codes required setbacks and lot cover limits. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding:The plight of the landowner is the result of the parcel being created and the existing structures being constructed prior to the adoption of the zoning code. As a result, the lot is substandard and the structures are non-conforming. Due to the small size of the lot and the placement of the existing home, a two-car garage cannot be added without lot cover and setback variances. e. The variance, if granted, will not alter the essential character of the locality. Finding: This neighborhood is one of the oldest in the city with a preponderance of lots that do not meet the dimensional requirements of the existing zoning code. Many of the older homes in the area were built prior to garages being common and many properties have received variances to accommodate additions and garages. The two-car garage proposed by the application is of an average size and a typical design. The applicant is proposing to use the existing driveway and access and the proposed garage is set back on the property and the expanded portion is partially screened from view by the existing home. The new garage would not negatively impact the neighborhoods character. f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 4.The planning report #2023-11, dated June 20, 2023, prepared by MacKenzie Young- Walters is incorporated herein. DECISION The Planning Commission approves the requested 6-foot side yard setback, 2-foot driveway setback, and 5 percent lot cover variances for the construction of a detached garage, subject to the following conditions: 1. A building permit must be obtained prior to demolishing any structures on the site and before beginning any construction on the site. 2. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 22 3 3. Retaining walls (if present) more than four feet high, measured from the bottom of the footing to the top of the wall, must be designed by a professional engineer and a building permit must be obtained prior to construction. Retaining walls (if present) under four feet in height require a zoning permit. 4. The applicant shall have the proposed right-of-way (alley) vacated and recorded with the Carver County Land Records Department prior to issuance of a building permit. 5. The applicant shall update their construction plans to include a turnaround in accordance with Sec 20-1122(d)(8) of City Ordinance prior to issuance of a building permit. 6. The planter box depicted in the public right-of-way (alley) owned by the applicant must be relocated within the applicant’s property and maintain a minimum separation of 10 feet from the sanitary sewer main located within the right-of-way. 7. A revised design must be developed by the applicant to address the increase in stormwater volumes created over the lot cover limit. The design shall include stormwater Best Management Practices (BMPs) to treat stormwater calculated as 0.55 inches multiplied by the increase in lot cover over 25%. Design plans must be approved by the Water Resources Engineer. 8. An Operations and Maintenance agreement describing the precise location and extent of the onsite BMP(s), as well as maintenance activities and an inspection checklist shall be signed by the property owner and the city and shall be recorded against the property at the county recorder's office. The property owner shall be responsible for all costs and fees associated with the operations and maintenance agreement creation and recording. 9. The installation of any improvements on the Site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Natural Resources and the Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be obtained prior to any site improvements. 10. Eaves may extend no more than 1.5 feet beyond the approved setback and the edge of the eaves must be at least 2.5 feet from the side lot line. 11. Gutter downspouts may not be oriented to the west. ADOPTED by the Chanhassen Planning Commission this 20th day of June 2023. CITY OF CHANHASSEN BY: Its: g:\plan\2023 planning cases\23-11 206 w 78th st - var\findings of facts.docx 23 1 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2023-11 1.Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves the requested 6-foot side yard setback, 2-foot driveway setback, and 5 percent lot cover variances for the construction of a detached garage, subject to the conditions of approval. 2.Property.The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lots 2, Block 2, City Lots of Chanhassen, Carver County, Minnesota. 3.Conditions.The variance approval is subject to the following conditions: 1. A building permit must be obtained prior to demolishing any structures on the site and before beginning any construction on the site. 2. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 3. Retaining walls (if present) more than four feet high, measured from the bottom of the footing to the top of the wall, must be designed by a professional engineer and a building permit must be obtained prior to construction. Retaining walls (if present) under four feet in height require a zoning permit. 4. The applicant shall have the proposed right-of-way (alley) vacated and recorded with the Carver County Land Records Department prior to issuance of a building permit. 5. The applicant shall update their construction plans to include a turnaround in accordance with Sec 20-1122(d)(8) of City Ordinance prior to issuance of a building permit. 6. The planter box depicted in the public right-of-way (alley) owned by the applicant must be relocated within the applicant’s property and maintain a minimum separation of 10 feet from the sanitary sewer main located within the right-of-way. 7. A revised design must be developed by the applicant to address the increase in stormwater volumes created over the lot cover limit. The design shall include stormwater Best Management Practices (BMPs) to treat stormwater calculated as 0.55 inches multiplied by the increase in lot cover over 25%. Design plans must be approved by the Water Resources Engineer. 8. An Operations and Maintenance agreement describing the precise location and extent of the onsite BMP(s), as well as maintenance activities and an inspection checklist shall be signed by the property owner and the city and shall be recorded against the property at the county recorder's office. The property owner shall be responsible for all costs and fees associated with the operations and maintenance agreement creation and recording. 24 2 9. The installation of any improvements on the Site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Natural Resources and the Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be obtained prior to any site improvements. 10. Eaves may extend no more than 1.5 feet beyond the approved setback and the edge of the eaves must be at least 2.5 feet from the side lot line. 11. Gutter downspouts may not be oriented to the west. 4. Lapse. If within one (1) year of the issuance of this variance, the allowed construction has not been substantially completed, this variance shall lapse. Approved by Planning Commission: June 20, 2023 CITY OF CHANHASSEN BY: Elise Ryan, Mayor (SEAL) AND: Laurie Hokkanen, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF CARVER) The foregoing instrument was acknowledged before me this day of , 2023 by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 25 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division – 7700 Market Boulevard Mailing Address – P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-00 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: PC Date: CC Date: 60-Day Review Date: Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) Comprehensive Plan Amendment ......................... $600 Minor MUSA line for failing on-site sewers ..... $100 Conditional Use Permit (CUP) Single-Family Residence ................................ $325 All Others......................................................... $425 Interim Use Permit (IUP) In conjunction with Single-Family Residence .. $325 All Others......................................................... $425 Rezoning (REZ) Planned Unit Development (PUD) .................. $750 Minor Amendment to existing PUD ................. $100 All Others......................................................... $500 Sign Plan Review ................................................... $150 Site Plan Review (SPR) Administrative .................................................. $100 Commercial/Industrial Districts* ...................... $500 Plus $10 per 1,000 square feet of building area: (______ thousand square feet) *Include number of existing employees: __________ *Include number of new employees: __________ Residential Districts ......................................... $500 Plus $5 per dwelling unit (BBBBB units) Subdivision (SUB) Create 3 lots or less ........................................ $300 Create over 3 lots ....................... $600 + $15 per lot (_____ lots) Metes & Bounds (2 lots) .................................. $300 Consolidate Lots .............................................. $150 Lot Line Adjustment ......................................... $150 Final Plat .......................................................... $700 (Includes $450 escrow for attorney costs)* *Additional escrow may be required for other applications through the development contract. Vacation of Easements/Right-of-way (VAC) ........ $300 (Additional recording fees may apply) Variance (VAR) .................................................... $200 Wetland Alteration Permit (WAP) Single-Family Residence ............................... $150 All Others ....................................................... $275 Zoning Appeal ...................................................... $00 Zoning Ordinance Amendment (ZOA) ................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Notification Sign (City to install and remove) ...................................................................................................................... $200 Property Owners’ List within 500’ (City to generate after pre-application meeting) .................................................. $3 per address (____ addresses) Escrow for Recording Documents (check all that apply) ....................................................................... $50 per document Interim Use Permit Variance Site Plan Agreement Wetland Alteration Permit 'HHGV Conditional Use Permit Vacation Metes & Bounds Subdivision (GRFV) Easements (____ easements) TOTAL FEE: Section 2: Required Information Description of Proposal: Property Address or Location: Parcel #: Legal Description: Total Acreage: Wetlands Present? Yes No Present Zoning: Requested Zoning: Present Land Use Designation: Requested Land Use Designation: Existing Use of Property: Check box iI separate narrative is attached. SECT 12 TWP 116 RANGE 023 CITY LOTS OF CHANHASSEN LOT 02 BLOCK 0 ✔ Primary Residence ✔ ✔ ✔ ✔ ✔ 40 570 Variance to allow 4ft from property lot line to west wall of new garage (to replace existing) and to allow up to 29% impervious surface allowance. 206 W 78TH St, Chanhassen MN 55317 250500140 Select One Select One Select One Select One Authentisign ID: 9C0F6DDC-A8F5-ED11-907A-6045BDD47FEA 26 Section 3: Property Owner and Applicant Information 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. I 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: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: 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: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: Property Owner Via: Email Mailed Paper Copy Name: Applicant Via: Email Mailed Paper Copy Address: Engineer Via: Email Mailed Paper Copy City/State/Zip: Other* Via: Email Mailed Paper Copy Email: This application must be completed in full 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 requirementsDQGIHHV. 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. INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. Allison Schmitt 206 W 78th St 952.212.1346 Chanhassen, MN 55317 dwell.amschmitt@gmail.com ✔✔ SAVE FORM PRINT FORM SUBMIT FORM Authentisign ID: 9C0F6DDC-A8F5-ED11-907A-6045BDD47FEA 27 CERTIFICATION Allison Schmitt CERTIFICATE OF SURVEY for : 202313 SISU LAND SURVEYING 2580 Christian Dr. Chaska, MN 55318 612-418-6828 PROPERTY DESCRIPTION PROPERTY INFORMATION EXISTING IMPERVIOUS LEGEND EXISTING CONDITIONS 28 CERTIFICATION Allison Schmitt CERTIFICATE OF SURVEY for : 202313 SISU LAND SURVEYING 2580 Christian Dr. Chaska, MN 55318 612-418-6828 PROPERTY DESCRIPTION PROPERTY INFORMATION EXISTING IMPERVIOUS LEGEND PROPOSED IMPERVIOUS PROPOSED CONDITIONS PROPOSED VARIANCES 29 Variance Application Supplement – 206 W 78th St Chanhassen MN 55317 Written description of variance request. Property owner is seeking approval of two variance requests before submitting an application for building permit for a new 2 stall garage (22’x24’ footprint) in place of the existing single car garage (12’x18’ footprint), which is to be completely demolished. a. a variance is requested on the city’s lot setback requirements to allow the westerly wall of the proposed garage to be built no less than 4 ft from the property lot line. b. a variance is requested for an additional 4% of impervious surface allowance, not to exceed 29% of the overall surface – with and upon the approval of the City of Chanhassen vacation of alleyway, adding to overall lot square footage Written justification of how request complies with the findings for granting a variance (pursuant to Section 20-58) as follows: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. a. the setback variance request maintains the position of the garage as close to the original placement as possible, while considering modern vehicle sizing in configuration for the distance from the garage front to existing house b. the sole purpose of the new garage is for additional space – storage for two vehicles, outdoor lawn care equipment, recreational equipment, etc 2. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. a. shrinking the setback on the westerly side of the new garage helps to reduce the necessary hardscape (driveway) and maintains the integrity of the backyard b. due to the length of the driveway and the positioning of the original garage, additional impervious surface allowance is required to maintain access to all entry/exit points from the home and new proposed garage. It would also create the opportunity to reasonably be able to turn a vehicle around; creating a safety solution as the property entry to main road tends to be busy and has a visibility challenge for homeowner as well as general public on the roadway. 3. That the purpose of the variation is not based upon economic considerations alone. a/b. the purpose is based on the current footprint, and the desire to expand available garage square footage to allow for a second car parking and storage, while following the original lot layout as closely as possible in doing s 30 4. The plight of the landowner is due to circumstances unique to the property not created by the landowner. a. due to the location of the original structures on the lot, the simplest and arguably most attractive solution to creating additional garage space is to replace the existing one as closely to the current position as possible b. due to the size of the home and lack of available basement storage space, additional square footage in the new garage would be the most viable option for storage of bicycles, etc. 5. The variance, if granted, will not alter the essential character of the locality. a/b. the new proposed structure (garage) will be used for the same purposes (as noted above) as the existing structure, only in a more standard size for the modern day needs of the current (or any future) homeowner 6. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. a. Excerpt from 2022 MN Statues 216C.06 Definitions: Subd. 14. Earth sheltered. ["Earth sheltered" means constructed so that 50 percent or more of the exterior surface is covered or in contact with earth. Exterior surface includes all walls and roof, but excludes garages and other accessory buildings. Earth covering on walls is measured from the floor of the structure's lowest level. Earth covering on the roof must be at least 12 inches deep to be included in calculations of earth covering. Partially completed buildings shall not be considered earth sheltered.] b. Per the property owner’s understanding, this statute does not apply. 31 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COLINTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on June 8, 2023,the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice to consider a request for a side yard setback, lot cover, and other variances to build a garage for a property located il206 W 78th Street and zoned Single Family Residential. Property Owner/Applicant: Allison Schmitt 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 Kim T City to before me 2023 otary Public JENNIFER POTTERANN NotarY ExPlrcs Jan 31, 32 Tuesday, June 20, 2023, at 6:00 p.m. This hearing may not start until later in the eveninq, dependinq on the order of the agenda. Location:City Hall Council Chambers, 7700 Market Blvd Consider a request for a side yard setback, lot cover, and other variances to build agarage for a property located at 206 W 78th Street and zoned Single Family Residential. Allison SchmittApplicanUOwner: Property Location: 206 W 78th Street 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: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans for the project. 3. Comments are received from the public. 4. Public hearing is closed and the Planning Commission discusses the proiect. What Happens at the Meeting: Questions & Comments: To view project documents before the meeting, please visit the city's proposed development webpage at: www.chan hassenmn.qov/proposeddevelopments. lf you wish to talk to someone about this project, please contact MacKenzie Young-Walters by emailat mwalters@chanhassenmn.qov or by phone at 952-227 - 1132. lf you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Planning Commission. The staff report for this item will be available online on the city's Agendas & Minutes webpage the Thursday prior to the Planning Commission meeting. Sign up to receive email updates about this or other projects. Go to https://www. chanhassen mn. qov/i-want-to/su bscribe City Roview Procedure: . Subdivisions, Planned Unit Developm€nts, Site Plan Reviews, Conditional and lnterim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, Variances, Appeals, and Code Amendments require a public hearing before the Planning Commission. City ordinanes require all property within 500 feet of the sublect site to be notified of the application in writing. Any interestad party is invit€d to attend the meeting. . Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At th€ Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. Th€ item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simpls majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. . Minnesota State Statute 519.99 requires all appliEtions to be pro@ssed within 60 days unless the applicant waives this standard. Soma appliGtions due to their @mplexity may take soveral months to complete. Any persn wishing to follow an item through the proGss should check with th€ Planning Department regarding its status and scheduling for the City Council meeting. . A neighborhood spokesperson/representative is en@uraged to provide a mntact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the prqect with any interested person(s). . Bemuse the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the appli€tion will be included in the report to the City Council. lf you wish to have something to be included in the report, please contact the Planning Staff person nam€d on the notification. Notice of Public Hearing Ghanhassen Plan Commission Notice of Public Hearing Chanhassen Planni Commission Tuesday, June 20, 2023, at 6:00 p.m. This hearing may not start until later in the the HallCouncil 7700 Market Blvd. Consider a request for a side yard setback, lot cover, and other variances to build agarage for a property located at 206 W 78th Street and zoned Residential. Allison Schmitt 206 W 78tl' Street A location 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: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans for the project. 3. Comments are received from the public. 4. Public hearing is closed and the Planning Commission discusses the ect. To view project documents before the meeting, please visit the city's proposed development webpage at: www.chanhassenmn.oov/proposeddevelopments. lf you wish to talk to someone about this project, please contact MacKenzie Young-Walters by email at mwalters@chan hassen mn. qov or by phon e al 952-227 -1 1 32. lf you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Planning Commission. The staff report for this item will be available online on the city's Agendas & Minutes webpage the Thursday prior to the Planning Commission meeti City Review Procedure: . Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and lnterim Uses, Wetland Alterations, Razonings, Comprehensive Plan Amendments, Variances, Appeals, and Code Amendments require a public hearing before the Planning Commission. City ordinanes require all property within 500 feet of the subject site to be notified of the application in writing. Any intsrested party is invited to attond the meeting. . Staff prepares a roport on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overyiew of the report and a r€mmmendation. The it€m will be opened for the public to speak about the proposal as a part of th€ h€aring proess. The Commission will close the public hearing and discuss the item and make a re@mmendation to the City Council. The City Council may revsrso, affirm or modify wholly or partly Ge Planning Commission's re@mmendation. Rezonings, land use and mde amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. . Minnesota State Statute 519.99 requires all applications to be proess€d within 60 days unless the applicant waives this standard. Some applications due to their smplexity may take several months to complete. Any person wishing to follow an itam through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. . A neighborhood spokesperson,/representative is en@uraged to provide a mntacl for the city. Often devalopers are enmuraged lo mest with the neighborhood regarding their proposal. Staff is also availabl6 to review the project with any interested person(s). . Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any corresponden@ regarding the application will be included in the report to the City Council. lf you wish to have something to be included in tha report, please mntact the Planning Stafi peEon named on the notifi€tion. Date & Time: Location Proposal: ApplicanUOwner: Property Location What Happens at the Meeting: Questions & Comments: Date & Time: Proposal: Sign up to receive email updates about this or other projects. Go to https ://www. chan hassen mn. qov/i-want-to/su bscribe 33 Subject Parcel Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. ihis map is a compilation of records, information and data located in various city, munty, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The city does not warrant that the Geographic lnformation system (Gls) Data used to prepare this map are error free, and the city does not represeni that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measuremenl of distance or direction or precision in the bepiction of geographic features. The preceding disclaimer is provided pursuant lo Minnesota statutes s466.03, subd. 21 (2000), and the user of this map acknowledges that the City shatl ndt be liabte for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the city from any and all claims brought by User, its employees or agents, or third parties which arise out of the users accEss or use of data Provided. Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. ihis map is a compalation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic lnformation System (Gls) oata used to prepare this map are error free, and the city does not represent that the GIS Data can be used for navigational, tracking or any other purpoie requiring exacting measurement of distance or direction or precision in the iiepiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota St,tutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and 3s':,:: tq.d"l:lq, indemnifY, aLg holg,l'3lmre:: th", 9iy l'9T any 1* .arr clalms 9r.ousht (Tax_name) <Tax_add_|1 > <Tax_add_12> (Next Record><<Tax-nameD <Tax_add_!1 > <Tax_add_!2> Subject Parcel t -"? w'78th st ,./ o tl J 7 o o UJ I w78rh st , r rl - Hi"ld ,72 34 Igulre ADELINE R KAHL ALLISON SCHMITT LOUISE DIEDRICH BARBARA PIKE BREANNA ESSOI CARVER COUNTY CDA CHAD A MINKEL CHAPEL HILL ACADEMY CHURCH OF ST HUBERT COLLEEN SHELLY NUSTAD CRAIG M LARSON DAYANIRA ZAMORANO DEANC&JANETMBURDICK GREGORYJ & KAREN J ODASH GREGORY L HUBERS JEANNE M BURKE REV TRUST U/A EFFREYW&MARYLBORNS KENNY CATAIN NE&KARENMKRAEMER N MICHAEL ZUERLEIN OHN W & PAULAJ ATKINS ONATHAN ROLLIER ORDAN UDELHOFEN OSHUA H PAINE LINDA R VANGORKOM MARCIE ST CLAIR MARY E JANSEN ETAL MATTHEW FAUST MORGAN ASHLEY DVORAK NICHOLAS & PATRICIA PEKAREK PATRICK KOCH RICHARD A & ELIZABETH M NUSTAD ROBERT J & JOANNE R MEUWISSEN LIVING TRU ROBERT M MORGAN TAYLOR S KAHL THOMASA&LYNNMPAULY TODD W PERTTU TONJA ST MARTIN TROY P KIMPTON N CITIES & WESTERN RAILROAD Tax add 11 206 W 78TH ST i zzr zzrH sr w lzor cHnru vrrw , 202 W 78TH ST+_ I7O5 WALNUT ST N+_ 7725 FRONTIER TRL + r 306 78TH ST W lazoi rrr,qrru ai, _ 7791 ERIE AVE 2OO CHAN VIEW 204 CHANVIEW 206 CHAN VIEW 221 CHAN VIEW 224 CHAN VIEW 225 77TH ST W 7199 FRONTIER TRL 7727 FRONTIER TRL 7703 ERIE AVE 226 CHAN VIEW 220 78TH ST W 204 78TH ST W 224 W 78TH ST 7701 ERIE AVE 205 W 77TH ST 3911 MEADOW VIEW LN 7720 ERIE AVE 7723 FRONTIER TRL 203 CHAN VIEW 202 CHAN VIEW 7705 ERIE AVE 7721 ERIE AVE 201 W 77TH ST 222 W 78TH ST 222 CHAN VW 7721 FRONTIER TRL 2O31.12 CHAN VtEW 207 CHAN VIEW 205 CHAN VIEW 2925 12TH ST E Tax add 12 CHANHASSEN, MN 55317-9711 CHANHASSEN, MN 55317- CHANHASSEN, MN 55317- CHANHASSEN, MN 55317.9701 CHANHASSEN, MN 55317- CHASKA, MN 55318-2039 CHANHASSEN, MN 55317.9712 CHANHASSEN, MN 55317-9734 CHANHASSEN, MN 55317-9647 CHANHASSEN, MN 55317- CHANHASSEN, MN 55317-9707 CHANHASSEN, MN 55317-9707 CHANHASSEN, MN 55317-9707 CHANHASSEN, MN 55317.9750 CHANHASSEN, MN 55317.9613 CHANHASSEN, MN 55317-9709 CHANHASSEN, MN 55317-9605 CHANHASSEN, MN 55317- CHANHASSEN, MN 55317.9612 CHANHASSEN, MN 55317. CHANHASSEN, MN 55317-9755 CHANHASSEN, MN 55317. CHANHASSEN, MN 55317. CHANHASSEN, MN 55317- CHANHASSEN, MN 55317- ELKO, MN 55020- CHANHASSEN, MN 55317.9713 CHANHASSEN, MN 55317.9712 CHANHASSEN, MN 55317.9701 CHANHASSEN, MN 55317-9707 CHANHASSEN, MN 55317. CHANHASSEN, MN 55317.9713 CHANHASSEN, MN 55317. CHANHASSEN, MN 55317- CHANHASSEN, MN 55317- CHANHASSEN, MN 55317.9712 CHANHASSEN, MN 55317-9701 CHANHASSEN, MN 55317.9701 CHANHASSEN, MN 55317. GLENCOE, MN 55336-3368 35 Planning Commission Item June 20, 2023 Item Consider a request for an amendment to the 2040 Comprehensive Plan Land Use Map from Residential - Large Lot (2.5 acre minimum) to Residential - Low Density (net density 1.2-4 units per acre). Property located at 7620-7750 Crimson Bay Road. File No.Item No: B.2 Agenda Section PUBLIC HEARINGS Prepared By Bob Generous, Senior Planner Applicant APPLICANT: Darlene Hanson Mary Hageman Rose Mastricola 7750 Crimson Bay Rd 7660 Crimson Bay Rd 7640 Crimson Bay Rd Chaska, MN 55318 Chaska, MN 55318 Chaska, MN 55318 Present Zoning Rural Residential District (RR) Land Use Residential Large Lot Acerage 10.68 Density NA Applicable Regulations The city has a relatively high level of discretion in approving Comprehensive Plan amendments because the city is acting in its legislative or policy-making capacity. SUGGESTED ACTION "The Chanhassen Planning Commission recommends City Council approve amending the 2040 Comprehensive Plan Land Use Map from Residential - Large Lot to Residential - Low Density for the Crimson Bay development." SUMMARY 36 The applicant is requesting a land use map amendment for the Crimson Bay development from Residential - Large Lot to Residential - Low Density. BACKGROUND Prior to the development of the Crimson Bay subdivision, a farmstead house was located just west of the Crimson Bay connection to Highway 5 on the western side of Lot 1, Block 1, Crimson Bay. On October 5, 1987, the city approved the final plat for the Crimson Bay subdivision and a Comprehensive Plan land use plan amendment from Parks and Open Space to Residential – Low Density for the subject property. Large-lot residential developments are intended to have a rural character and are subject to 2.5-acre minimum lot size. The city saw a proliferation of large-lot residential subdivisions in 1987 as developers rushed to subdivide before the current one unit per ten-acre limit came into effect: Crimson Bay, Deerbrook Addition, Halla Great Plains Addition, Lake Lucy Highlands, Lake Riley Highlands, Lake Riley Woods, and Timberwood Estates. In the 2010 Comprehensive Plan update and subsequent comprehensive plan updates, Crimson Bay was shown on the land use map as Residential – Large Lot, possibly due to the Rural Residential zoning of the property. DISCUSSION The impetus for the land use map amendment is the proposed Crimson Bay Road project and the extension of sewer and water services. Section 2.13.2 of the 2040 Comprehensive Plan discusses the possible extension of urban services to properties serviced by on-site sewage disposal systems. In these instances, it is the city’s policy to review land use and zoning changes on an area-wide basis. In this case, three of the five property owners on Crimson Bay Road have requested that the land use be changed to Residential – Low Density. The proposed land use map amendment would potentially permit the further subdivision of the properties along Crimson Bay Road. The amendment does not require redevelopment. Preliminary review of the parcels shows a potential for an additional five building sites. However, any future development would need to come through the development review process, meet the standards in City Code, and require public hearings. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the land use map amendment from Residential – Large Lot to Residential – Low Density for Crimson Bay. ATTACHMENTS Staff Report Crimson Bay Application for Development Review Narrative Affidavit of Mailing 37 Application: Comprehensive Plan Amendment 7620-7750 Crimson Bay Road (2023-12) Planning Commission Review Date:June 20, 2023 City Council Review Date: July 24, 2023 SUMMARY OF REQUEST: The applicant is requesting a land use map amendment for the Crimson Bay development from Residential - Large Lot to Residential - Low Density. LOCATION:7620 – 7750 Crimson Bay Road APPLICANT:Darlene Hanson Mary Hageman Rose Mastricola 7750 Crimson Bay Rd 7660 Crimson Bay Rd 7640 Crimson Bay Rd Chaska, MN 55318 Chaska, MN 55318 Chaska, MN 55318 PROPOSED MOTION: “The Chanhassen Planning Commission recommends City Council approve amending the 2040 Comprehensive Plan Land Use Map from Residential - Large Lot to Residential - Low Density for the Crimson Bay development. 38 Page 2 of 7 PRESENT ZONING:Rural Residential District, RR 2040 LAND USE PLAN:Residential - Large Lot ACREAGE:10.68 acres DENSITY:NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has a relatively high level of discretion in approving Comprehensive Plan Land Use Map Amendments because the city is acting in its legislative or policy-making capacity. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting a land use map amendment from Residential - Large Lot to Residential - Low Density. APPLICABLE REGULATIONS The city has a relatively high level of discretion in approving Comprehensive Plan amendments because the city is acting in its legislative or policy-making capacity. The city has sent the Land Use Map amendment to surrounding jurisdictions on May 23, 2023, pursuant to Metropolitan Council requirements. The 60-day review period will end July 22, 2023. To date, there have been no comments or objections to the proposed amendment. BACKGROUND Prior to the development of the Crimson Bay subdivision, a farmstead house was located just west of the Crimson Bay connection to Highway 5 on the western side of Lot 1, Block 1, Crimson Bay. On October 5, 1987, the city approved the final plat for the Crimson Bay subdivision (Sub. #87-12) and a Comprehensive Plan land use plan amendment from Parks and Open Space to Residential – Low Density for the subject property. Large-lot residential developments are intended to have a rural character and are subject to 2.5-acre minimum lot size. The city saw a proliferation of large-lot residential subdivisions in 1987 as developers rushed to subdivide before the current one unit per ten-acre limit came into effect: Crimson 39 Page 3 of 7 Bay, Deerbrook Addition, Halla Great Plains Addition, Lake Lucy Highlands, Lake Riley Highlands, Lake Riley Woods, and Timberwood Estates. In the 2020 Comprehensive Plan update and subsequent comprehensive plan updates, Crimson Bay was shown on the land use map as Residential – Large Lot, possibly due to the Rural Residential zoning of the property. EXISTING CONDITIONS SITE CONSTRAINTS Environmental Protection Districts Bluff Creek corridor - This property is not located within the Bluff Creek Overlay District. Wetland Protection - There are wetlands located adjacent to Lake Minnewashta and along the stream to Lake Minnewashta. Any proposed development should not impact these wetlands. Bluff Protection - There are no bluffs on the property. There are areas of steep slopes, but they do not meet the definition of a bluff. Shoreland Management - The property is located within a shoreland protection district for Lake Minnewashta. Floodplain Overlay - This property is within a floodplain adjacent to the lake. ANALYSIS The impetus for the land use map amendment is the proposed Crimson Bay Road project and the extension of sewer and water services. Section 2.13.2 of the 2040 Comprehensive Plan discusses the possible extension of urban services to properties serviced by on-site sewage disposal systems. In these instances, it is the city’s policy to review land use and zoning changes on an area-wide basis. In this case, three of the five property owners on Crimson Bay Road have requested that the land use be changed to Residential – Low Density. The existing zoning of the property, Rural Residential District, RR, is consistent with the land use designation of the property, Residential - Large Lot. Should the city approve the land use amendment to Residential – Low Density, the comprehensive plan allows less intensive land uses to remain in place. However, any approval by the city for subsequent development of the property must be consistent with the comprehensive plan and would need to meet the regulations in the city’s zoning and subdivision ordinance. The proposed land use map amendment would potentially permit the further subdivision of the properties along Crimson Bay Road. Preliminary review of the parcels shows a potential for an 40 Page 4 of 7 additional five building sites. However, any future development would need to meet the standards in City Code. Approval of the proposed land use map amendment would revise the following figures to maintain internal consistency: Figure 2-6, Land Use in 10-Year increments, by changing developed Low Density in 2030 to 4,469 and in 2040 to 4,728 with a change from 2015 – 2040 of 899 and decrease Large Lot in 2030 and 2040 to 922 with a change from 2015 – 2040 of negative 28; Figure 2-8, 2020- 2040 Land Use Comparisons change Residential Large Lot in 2030 and 2040 to 922 and change Residential Low Density in 2030 and 2040 to 4,728; and Figure 2-10, 2040 Land Use Map revise the Land Use Map. SURROUNDING LAND USE AND USES North is guided for Residential - Low Density uses and contains single-family homes on property zoned Single-Family Residential District, RSF. East is guided for Public/Semi Public uses for the Minnesota Landscape Arboretum and is zoned Rural Residential District, RR. West is Lake Minnewashta and additional land guided for Residential -Low Density uses and zoned Single- Family Residential District, RSF. South is Highway 5 and the Minnesota Landscape Arboretum guided Public/Semi Public and zoned Agricultural Estate District, A-2. LAND USE - ZONING CONSISTENCY The following zoning districts are consistent with a Residential – Large Lot land use: Agricultural Estate District, A-2; and Rural Residential District, RR. The following zoning districts are consistent with a Residential - Low Density land use: Single-Family Residential District, RSF; Mixed Low Density Residential District, R-4; Residential Low and Medium Density Residential District, RLM; and Planned Unit Development – Residential, PUD-R. COMPREHENSIVE PLAN GOALS AND POLICIES The proposed amendment from Residential – Large Lot to Residential – Low density assists in the furtherance of the following land use goals and policies of the City of Chanhassen Comprehensive Plan: 41 Page 5 of 7 Development will be encouraged within the MUSA line. The plan should seek to establish sufficient land to provide a full range of housing opportunities. Development should be phased in accordance with the ability of the city to provide services. Support low-density residential development in appropriate areas of the community in such a manner as to maintain the aesthetics of existing single-family areas, and to create new neighborhoods of similar character and quality. Designate sufficient land to provide for a wide spectrum of housing. The proposed amendment assists in the furtherance of the following housing goals and policies of the City of Chanhassen Comprehensive Plan: A balanced housing supply with housing available for people of all income levels. A variety of housing types for people in all stages of the life-cycle. MUNICIPAL (URBAN) SERVICES - SANITARY SEWER AND WATER Trunk Highway 5 (TH 5) is planned for expansion as identified by the TH 5 Corridor Study and the Arboretum Area Transportation Plan. Prior to this expansion, the City of Chanhassen will be addressing deficiencies to Crimson Bay Road as identified in the 2030 and 2040 Comprehensive Plans. Currently, the Crimson Bay neighborhood has only one means of egress/ingress located off TH 5 with no connection to Dogwood Road to the north. Due to heavy traffic volumes associated with the highway, particularly during peak hours, left turning movements in this area are difficult and can be unsafe. The Crimson Bay Road project, or City Project #23-02, is anticipated to begin construction in 2024 and will improve safety and access for the residents that live off Crimson Bay Road by making the connection to Dogwood Drive and restricting access to TH 5 to only emergency and maintenance access. Additional improvements with the Crimson Bay Road project include extending municipal sanitary sewer and water services (i.e. urban services) from the north, which were stubbed with the Arbors 2nd Addition subdivision for the Crimson Bay neighborhood. To supply sanitary service to the neighborhood, a lift station will be required due to the existing topography of the area. This municipal sanitary sewer system will provide adequate service to the neighborhood for the life of the system. Lastly, in order to supply water service to the neighborhood the water main will be extended, which will complete the water main loop in the area from Dogwood Road to TH 5. This will provide adequate water service and fire protection to the neighborhood for the life of the system. The improvements associated with the Crimson Bay Road project are shown below. 42 Page 6 of 7 43 Page 7 of 7 RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the land use map amendment from Residential – Large Lot to Residential – Low Density for Crimson Bay. REQUIRED PLANNING DEPARTMENT CORRECTIONS TO PLAN SET: 1. None ATTACHMENTS 1. Development Review Application. 2. Narrative. 3. Affidavit of Mailing. 44 -12 Section 1: Application Type (check al! that apply) 60-Day Review Date: (Refer to the appropiate Application Checklist for required submittal information that must accompany this application) p CorRr"hensive Plan Amendment......... $600 I E Subdivision (SUB) E Create 3 lots or less f] Create over 3 lots...n Conditional Use Permit (CUP) E Single-Family Residence ..... n Rttothers........ E lnterim Use Permit (lUP) I Rezoning (REZ) I Planned Unit Development (PUD). I Minor Amendment to existing PUD f] tn conjunction with Single-Family Residence..$325 E ntothers.......... $500 fl Rdministrative Subd. (Line Adjustment)..........$150 ! final P1s1+ $15 per lot $700**(lncludes $450 escrow for attorney costs).Additional escrow may be required for other applications through the development contract. E Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ...... ...$150 E Variance (VAR).....$200 $1 00 $500 E Wetland Alteration Permit (WAP) E Single-Family Residence......E Atothers E Appeal of Administrative Decision............... ! Zoning Ordinance Amendment (ZOA)........ ... $200 o $ per document Site Plan Agreement - $85 Vacation - $85 Deeds - $100 TOTAL FEE: $325 $500 $750 $1 00 $500 ! tvtetes & Bounds (2 lots). E Consolidate Lots............. $500 ......$1000 + $15 per $300 $150 ..... $150 ..... $27s ..... $200 ..... $500 (_ lots) E Att others.............. E Sign Plan Review E Site Plan Review (SPR) I Rdministrative E Commercial/lndustrial Districts*...... Plus $10 per 1 ,000 square feet of building area: (_ thousand square feet) *lnclude number of existinq employees:*lnclude number of 4eg employees: N F ! Residential Districts $500 Plus $5 per dwelling unit units) NO[!: When multiple applications are processed concurrenily, the appropriate fee shall be charged for each application. Notification Sign lcity to install and remove) .. Property Owners' List within 500' lcity to generate after pre-application meeting) .... DC;J dresses) E Escrow for Recording Documents (check allthat apply)......... E Conditional Use Permit - $50 E lnterim Use Permit $50 tr E Wetland Alteration Permit - $50 E Easements ( easements)$85 tr E Variance - $50 fltvtetes & Bounds Sub (2 deeds) $250 n COMMUNITY DEVELOPMENT DEPARTMENT Planning Division -7700 Market Boulevard Mailing Address - P.O. Box 147 , Chanhassen, MN 55317 Phone: (952)227-1100 / Fax: (952)227-1110 *crTYorcuAtlttAssrtt APPLICATION FOR DEVELOPMENT REVIEW Section 2 uired lnformation Description of Proposal Property Address or Location Parcel#: TotalAcreage: Present Zoning Present Land Use Designation Existing Use of Property: Check box if separate narrative is O Legal Description Wetlands Present? E Yes E tlo Requested Zoning Land Use nation:rr submiftar ,^r", hltql>\ pcDate: (f/ZO/,13 ccDate: -lli,alll 45 Section 3: Property Owner and Applicant lnformation APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained authorization from the property owner to file this application. I 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. lf this application has not been signed by the property owner, I have attached separate documentation of full legalcapacity 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 Contact: Phone:Address: City/State/Zip: Email: Cell: Fax: Signature Date: PROPERTY OWNER: ln signing this application, l, 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 Name: City/State/Zip that the info n d bmitted are true and correct. Fax: btz ta*t* obvT- E S ig Mb PROJECT ENGINEER (if applicable) Name: Address: Contact: Phone: City/State/Zip Email: Cell: Fax: in full and be typewritten or clearly printed and must be accompanied by all 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. This application must be compl information and plans required Section 4: Notification !nformation Who should receive copies of staff reports?*Other Contact lnformation : ! Property Owner Emai Name:Applicant Email Address Engineer Email City/State/Zip Other*Email Email INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. 46 - /{- ;LDx ob 7D. 8 ll li 47 ?, %N+ 7 \4-'u-Q .r,.4 '. -e-4e=.) &.- {h-;* \ Q ( 6---<_, \)-/4-- V/- 7\E Ea &)2 &.- +48 T ) 49 I 50 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on June 8, 2023,the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice to consider a request for an amendment to the 2040 Comprehensive Plan Land Use Map for properties guided as Residential Large Lot to Residential Low Density. Property located at 7620-7750 Crimson Bay Road, Applicant: Darlene Hanson, et al 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 rurmes and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this / day of 2023 Public JENNIFER ANN POTTER Notary Public-Minnesota City My Commission Expires Jan 31, 2027 51 Subject Parcels Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various caty, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic lnformation System (GlS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's acc€ss or use of dala orovided. Oisclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic lnformation System (GlS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data Drovided. (Tax_nameD <Tax_add_!l> <Tax_add_12> << Next Record ><Tax_nameD <Tax_add_!l> <Tax_add_!2r i( Subject Parcels t Ir' ttr]r I : a ,q,- F t {rat E.L. t)t I T F' 52 Notice of Public Hearing Chanhassen Planni Commission Date & Time::00uneJ2at0236Tuesday20,This notp.m startmayhearing lateruntil theln theon order of theLocation:HallCouncil 7700 Market Blvd. Proposal: a request for an amendment to the 2040Consider Com Planlve Landprehens U SE for ASMappropertiesguided Res dential toLot ResidentialLarge Low Dens itv Property atlocated 77620-507 Crimson Road. nUOwner:A Darlene Hanson, et al Property Location: 7620-7750 Crimson Bay Road is on the reverse side ofthis notice.A Iocation What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps:l. Staff will give an overview of the proposed project. 2,. The applicant will present plans on the project.- 3. Comments are received from the public.4. Public hearing is closed and the planning Commission discusses the project. Questions & Comments: To view project documents before the meeting, please visit the city's proposed development webpage at: . lf you wish to talk to someone about this projecffiease contact Bob Generous by email at bgenerous@chanhasienmn.gov or by phone at 952-227-l l3l. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff willprovide copies to the planning commission, The staff report for this item will be available online at the city's Agendas & Minutes webpage the Thursday prior to the Planning Commission meeting. Sign up to receive emair updates about this or other projects. Go to, City Notice of Pu Chanhassen Plan blic Hearing Commission Meetin Date & Time June 6atTuesday :00 This2023,p.m nothearingmay untilstart lnlater the on oforder theLocation:Hall Council 7700 Market Blvd.C Proposal: a request for an amendment to the 2040Consider guidedproperties Low Density ocated J'at 77620-50 Crim son Road icanUOwner:Darlene Hanson, et al Propefi Location Crimson0-762 577 0 B Roaday A ls theonlocation sidereverse of this notice. What Happens at the Meeting: hearing lowing The thisofpurpose toISpublic nform abouthearing theyou toand ,btainoapplicant's request from theinput thisaboutneighborhood theproject.theDuringmeeting, wlChair thelead licpub folthethrough steps hearing Planning Staff will an ofovervlewgrve the proposed project. The2.wt onapplicant the ect.present plans proj 3 mentsCom are rece ived from the public. Public4.is closed theand Commission ISCUSSESd the Questions & Comments: view project documents before the meeting, please visit ciqr's proposed development webpage at: . Ifyou wish to talk to someone about this projec.t+lease contact Bob Generous by email at bgenerous@chanhassenmn.gov or by phone at952-227-ll3l. If you choose to srUrit *ritten comments, please send one copy to staff in advance of the To the Commiss m Staff willeeting toprovide thecoples Planning Thelon.staff for this itemreport will be vaila ble lneonl at the S &city Agendas Minutes thewebpage to theprior Comm lsslonThursdayPlanning meeting sign up to receive emair updates about this or other projects. Go to h ttps : //www. ch a n h a s se n m n . q ov/i-wa n t-to/s u bsc ri be Procedure: 20, Comprehensive Plan Land Use Map for as Residential Large Lot to Residential 53 Tax name REGENTS OF THE UNIV OF MINN MELISSA HERBST SCHIENA DARLENE J HANSON ROB M & CALI LOLSON MARY M HAGEMAN ROSE MARIE MASTRICOLA PAUL GREGORY & MARY S SUMNERS THE ARBORS HOMEOWNERS' ASSOCIATION CHARLES H NEWELL III PAUL HOLLIS ROBERT DU FF ASHLEY SCHLUENDER JASON CHRISTENSEN SCOTT J AINSLIE PERRY K PLEDGER JEFFREY A FRANKE CHARLES H NEWELL III BRIAN D GARSHELIS JOE BILLER DEREK GEARMAN Tax add 11 319 15TH AVE SE 424 4508 BRUCE AVE 7750 CRIMSON BAY RD 77OO CRIMSON BAY RD 11OO PARKVIEW CT 7540 CRIMSON BAY RD 7620 CRIMSON BAY RD 7561 BEACON CT 7550 DOGWOOD RD 3321 W 78TH ST 3341 78TH ST W 7521 BEACON CT 3331 78TH ST W 3360 78TH ST W 3351 78TH ST W 7511 DOGWOOD RD 7550 DOGWOOD RD 7570 DOGWOOD RD 7580 DOGWOOD RD 12900 TECHNOLOGY DR #642 Tax add 12 MINNEAPOLIS, MN 55455. EDINA, MN 55424- CHASKA, MN 55318- cHASKA, MN 55318-9623 vtcToRtA, MN 55386-3716 CHASKA, MN 55318- cHASKA, MN 55318-9603 EXCELSIOR, MN 55331. EXCELSTOR, MN 55331-8053 EXCELSIOR, MN 55331- EXCELSIOR, MN 55331. EXCELSIOR, MN 55331- EXCELSTOR, MN 5533r.-8013 EXCELSTOR, MN 55331-4553 EXCEtStOR, MN 55331-4553 EXCELSTOR, MN 55331-8052 EXCELSTOR, MN 55331-8053 EXCELSTOR, MN 55331- EXCELSIOR, MN 55331- EDEN PRAIRIE, MN 55344- 54 Planning Commission Item June 20, 2023 Item Consider a request for a Site Plan Review to build an indoor Pickleball facility and outdoor courts for property located at 2970 Water Tower Place. File No.23-13 Item No: B.3 Agenda Section PUBLIC HEARINGS Prepared By Eric Maass, Planning Director Applicant Lifetime Fitness Present Zoning Planned Unit Development District (PUD) Land Use Office/Industrial Acerage 2.68 Density 0.22 FAR Applicable Regulations Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office-Institutional Developments Chapter 20, Article XXVI, Signs SUGGESTED ACTION "The Chanhassen Planning Commission recommends approval of the Site Plan Review to build the proposed indoor Pickleball facility and outdoor courts for property located at 2970 Water Tower Place subject to the conditions of approval, and Adopts the Findings of Fact and Recommendation." SUMMARY The applicant is requesting site plan approval for the construction of a 25,410 square foot building for 55 the use of indoor pickleball courts and associated amenities as well as the construction of outdoor pickleball courts. BACKGROUND The site is currently used for an outdoor fitness facility and is within the Life Time Fitness campus. DISCUSSION The applicant is requesting site plan approval to construct a 25,410 square foot indoor pickleball facility as well as outdoor pickleball courts. The facility will utilize shared parking with the adjacent corporate office building as well as larger Life Time Fitness club and corporate buildings. The proposed development meets the requirements of the site plan review subject to revisions to the plan outlined in the staff report. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the site plan for the proposed Life Time Pickleball facility and adopts the attached findings of fact. ATTACHMENTS Life Time Pickleball Staff Report Findings of Fact Life Time Pickleball Plans Dated May 19, 2023 - Life Time Pickleball Architectural Elevations dated June 16, 2023 Life Time Pickleball Application for Development Review Narrative Traffic Review Memo dated May 19, 2023 Engineering Report - Life Time Pickleball Affidavit of Mailing - Life Time Pickleball Updated Site Plans dated June 15, 2023 56 Page 1 of 8 Application: 2970 Water Tower Pl Site Plan Approval – Life Time Pickleball Facility (2023- 13) Planning Commission Review Date: June 20, 2023 City Council Review Date: July 10, 2023 SUMMARY OF REQUEST: The applicant is requesting site plan approval for the construction of a 25,410sf building for the use of indoor pickleball courts and associated amenities, as well as the construction of outdoor pickleball courts. LOCATION: 2970 Water Tower Pl (Subject Property) OWNER: LTF Real Estate Company Inc 2902 Corporate PL Chanhassen MN 55317 CURRENT ZONING: “PUD” – Planned Unit Development. The Office Industrial Park District regulations apply except as modified by the PUD. 2040 LAND USE PLAN: Office Industrial (O/I) ACREAGE: 2.68 acres DENSITY: 0.22 FAR PROPOSED MOTION: “The Chanhassen Planning Commission recommends approval of the Site Plan request for the construction of an indoor and outdoor pickleball facility subject to the conditions of approval and the attached Findings of Facts and Decision.” 57 Page 2 of 8 LEVEL OF CITY DISCRETION IN DECISION-MAKING: 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. Notice of this public hearing has been mailed to all property owners within 500 feet. APPLICABLE REGULATIONS Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office- Institutional Developments Chapter 20, Article XXVI, Signs ZONING OVERVIEW Zoning Designation The property is zoned Planned Unit Development (PUD). The PUD ordinance was originally adopted July 28, 1998 and has been amended eight times, most recently on May 10, 2010. Aspects of development not established by the PUD ordinance are regulated by the Office Industrial Park District regulations within city code. The proposed pickleball facility is a permitted use by the PUD. The PUD ordinance includes a development standards tabulation box which indicates Lot 1 Block 1 of the development (Subject Property) was anticipated to be developed as a commercial use. Information pertaining to the PUD standards can be found here: Arboretum Business Park PUD. Environmental Protection Districts Bluff Creek Corridor - This is not encumbered by the Bluff Creek Overlay District. Bluff Protection - The proposed project is located outside of the required bluff setback. Floodplain Overlay - The proposed project is located outside of the floodplain. Shoreland Management - The property is outside of the Shoreland Protection District. Wetland Protection - There are no wetlands on the site. SITE PLAN REVIEW The developer is requesting site plan approval for a 25,410 square-foot building that would be used as an indoor pickleball facility. There would also be an outdoor pickleball court area on the 58 Page 3 of 8 west side of the proposed building. The outdoor courts would be fenced and only accessible through the building to control access. The Arboretum Business Park PUD ordinance outlines specific setbacks for development that occur within the geographic boundary of the PUD. A summary of the applicable setbacks and design standards is provided below: Design Standards/Metrics Setback Requirements from Highway 41 Required (ft) Proposed (ft) Minimum Parking Setback 50 N/A Maximum Parking Setback 150 N/A Minimum Building Setback 70 140.6 Maximum Building Setback 150 149.9 Building Height Maximum Building Height 40 33’6” Lot Coverage Maximum Lot Coverage 70% 39.9% 59 Page 4 of 8 Parking Recreational facilities require 20 spaces plus one space for each 500 square feet of floor area in the principal structure or two spaces per court. The Applicant has proposed 8 indoor courts and 6 outdoor courts for a total of 14 courts and an additional 28 parking spots added to the base requirement of 20 spaces for a grand total of 48 required parking spaces. There are 35 parking spaces (3 handicapped) located along the shared property line between the pickleball facility and the corporate office building and the additional 13 spaces required are available in the parking lot to the north side of the existing office building. The proposed site plan would utilize parking spaces on the adjacent parcel which is also owned by Life Time Fitness. A recreational use that will have peak usage on nights and weekends and an office building which would experience a majority of its parking demands during the day and on the weekdays are a good match in terms of a shared parking arrangement. Additional parking for pickleball participants would be available to the north in the main Life Time Fitness parking lot. Additionally, the Applicant has indicated that the office parking demand during the day is much reduced following a shift in corporate workforce flexibility and remote working. As a result, a shared parking arrangement between the two facilities is reasonable. Required Architectural Standards The PUD standards require that the development demonstrate a higher quality of architectural standards and site design than what would be required by the base Industrial Office Park (IOP) district. Design Standards 1. All mechanical equipment shall be screened with material compatible to the building. 2. All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels and not painted cinder block. 3. Brick may be used and must be approved to assure uniformity. 4. Block shall have a weathered face or be polished, fluted, or broken face. 5. Concrete may be poured in place, tilt-up or pre-cast, and shall be finished in stone, textured, coated, or painted. 6. Metal siding will not be approved except as support material to one of the above materials or curtain wall on office components or as trim or as HVAC screen. 7. All accessory structures shall be designed to be compatible with the primary structure. 8. All roof-mounted equipment shall be screened by walls of compatible appearing material or camouflaged to blend into the building or background. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. 9. The use of large unadorned, pre-stressed concrete panels and concrete block 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. The buildings shall have varied and interesting detailing. The use of large unadorned, concrete panels and concrete block, or a 60 Page 5 of 8 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. 10. Space for recycling shall be provided in the interior of all principal structures or within an enclosure for each lot developed in the Business Center. 11. Each building shall contain one or more pitched roof elements depending on scale and type of building, or other architectural treatments such as towers, arches, vaults, entryway projections, canopies and detailing to add additional interest and articulation to structures. 12. There shall be no underdeveloped sides of buildings visible from public right-of-ways. All elevations visible from the street shall receive nearly equal treatment and visual qualities. Proposed Architectural Features South Elevation (Facing Water Tower Pl) North Elevation (Facing Life Time Corp Building 1) West Elevation (Facing Hwy 41) East Elevation (Facing Lifetime Corp Building 3) Size portion and Placement The proposed structure would be constructed on the eastern edge of the property to utilize an existing parking lot as well as provide adequate access for emergency vehicles. The outdoor pickleball courts would be constructed on the western half of the subject property and between the proposed building and Highway 41. 61 Page 6 of 8 Material and Color The primary building material is textured beige-colored concrete panels, which is located on all sides of the building. Additionally, dark brown panels of textured concrete and dark brown brick are proposed to comprise a majority of the structure. Two panels of faux green walls as well as a bronze metal canopy are proposed by both building entrances for additional architectural interest. The roofline is proposed to have varying parapets to break up the roofline. Architectural Interest The Applicant is proposing a pre-cast tilt up panel building. The building walls would include three colors to provide variation as well as panels of faux green living wall and windows around the entrances to provide further articulation of the wall faces. The proposed structure would have parapet walls over each of the entrances, the north and south ends, as well as evenly spaced along the west and east elevations between the center entrances. The proposed parapets would also aid in screening of rooftop mechanical equipment. Roof Design The flat roof is articulated by the use of varying parapet heights of 30’0”, 32’8”, and 33’6. Rooftop mechanical equipment shall be screened. Façade Transparency The proposed use of the facility as a pickleball facility does not readily allow for 50% of the first floor that is viewable to the public which is typically required by city code. The 50% requirement is able to be reduced in situations where interior activities are not conducive to exterior windows, and due to the effect the sunlight would have on the playing experience inside the facility, the Applicant has proposed alternative architectural features to offset the reduction in windows/glazing. Additional architectural features include 3 different parapet heights, three color tones on the wall faces and brick on all four sides of the structure. Site Furnishing The developer is providing a patio area with bathrooms, changing rooms, and a seating area within the outdoor pickleball court area. Loading and Refuse Areas The pickleball facility will utilize an existing trash enclosure on the adjacent Life Time Fitness corporate site in the northeast corner of that property. Lighting Submitted plans show that the Applicant is proposing lighting on the building as well as over the outdoor pickleball courts. The monopole style lights for the outdoor courts would be 22 feet in height and be lit with LED bulbs. City code limits pole height to 30 feet. The wallpack lighting must be shielded with a total cutoff angle equal to or less than 90 degrees. The lighting shown does not provide the required cut off angle and needs to be revised. 62 Page 7 of 8 Signage Submitted plans show both wall signage as well as a ground monument sign. Wall Signage – one wall business sign is permitted on the street frontage for each business occupant within a building. Buildings whose entrances do not front on a public street are permitted a wall sign on the entrance facade. Submitted plans show “Lifetime Pickleball” signage on the east and west facades. The west façade faces a public roadway, and the east façade is the primary entrance to the facility. As a result, their location adheres to city code. The wall signage on the east and west sides of the building are limited to 275 square feet, where approximately 260.5 square feet is proposed. The wall signage on the south side is limited to 207 square feet, where approximately 173.25 square feet is proposed. Ground signage - ground signs may be no closer than 10 feet to any property line and be no larger than 24 square feet of sign display area. The Applicant is showing an eight foot wide by five foot tall monument with roughly the top ½ of that surface serving as a display area. Applicant to modify ground sign or show additional dimensioning to establish that the sign adheres to city code. Wayfinding signage is proposed on the north side of the development site. Applicant shall submit to staff drawings of that proposed signage for staff review for conformance with city code. Required Planning Department Comments/Corrections to Plan Set: 1. Update wall lighting sconces to include 90-degree cutoff fixtures. 2. Proposed signage will require separate sign permits. 3. Verify monument wayfinding sign does not have more than 24 square feet in signage area. Fire Department Notes: 1. Building will require fire suppression system and fire panel to monitor the system. 2. Additional hydrants may be required after final review of utility plans 3. If building stays under 30 feet, no additional fire apparatus entrance required. 4. Fire apparatus turnaround required, looks to be provided by N/E portion of parking lot but cannot confirm spacing until more detailed plans provided. Building Department Notes: 1. A building permit must be obtained before beginning any construction. 2. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review 4. The building is required to have automatic fire extinguishing systems. 5. Structure proximity to property lines (and other buildings) will have an impact on the code requirements for the proposed buildings, including but not limited to; allowable size, protected openings and fire-resistive construction. These requirements will be addressed when complete building and site plans are submitted. 63 Page 8 of 8 6. Building plans must include a code analysis that contains the following information: Key Plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers, Separated or non-separated, Fire resistive elements (Ext walls, Bearing walls - exterior or interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel distance), Minimum plumbing fixture count 7. Retaining walls (if present) more than four feet high, measured from the bottom of the footing to the top of the wall, must be designed by a professional engineer and a building permit must be obtained prior to construction. Retaining walls (if present) under four feet in height require a zoning permit. 8. If any soil corrections are done on the property a final grading plan and soil report must be submitted to the Inspections Division before permits will be issued. 64 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Life Time Fitness for Site Plan Review. On June 20 , 2023, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Life Time Fitness for a site plan review of Life Time Pickleball Facility for the property located at 2970 Water Tower Place. The Planning Commission conducted a public hearing on the proposed site plan was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development (PUD). 2. The property is guided by the Land Use Plan for Office Industrial Use. 3. The legal description of the property is: Lot 1 Block 1 Arboretum Business Park 5th Addition 5. Site Plan: (1) 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; (2) Is consistent with Chapter 20, Article II, Division 6. (3) 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 or developing areas; (4) 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; 65 (5) Creates a 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) Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 8. The planning report dated June 13, 2023, prepared by Eric Maass is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the site plan review subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this _____ day of _____________, 202_. CHANHASSEN PLANNING COMMISSION BY:___________________________________ Its Chairman 66 67 68 69 70 71 THE HEALTHY WAY OF LIFE COMPANYSMC6.00DETAILS05/15/23CONFIDENTIALITY NOTICEBY ACCEPTING THIS MATERIAL,THE RECIPIENT ACKNOWLEDGESAND AGREES THAT THEINFORMATION CONTAINED HEREINIS OF A CONFIDENTIAL NATUREAND THAT THE RECIPIENT WILLNOT COPY, DISCLOSE,DISTRIBUTE OR OTHERWISETRANSMIT IN ANY WAY ANYTHINGHEREIN, EITHER IN WHOLE OR INPART, WITHOUT THE PRIORWRITTEN PERMISSION OF LIFETIME FITNESS, INC. OR ITSSUBSIDIARIES (THE "COMPANY"),COMPLETING THE POTENTIALTRANSACTION CONTEMPLATED BYEXCEPT FOR THE SPECIFICPURPOSE OF ANALYZING ANDTHIS MATERIAL.THIS MATERIALREMAINS THE SOLE PROPERTY OFTHE COMPANY AND THE COMPANYRESERVES THE RIGHT TOREQUIRE ITS RETURN AT ANYTIME.SHEET NO.Permit PlansREG. NO.DATEI HEREBY CERTIFY THAT THISPLAN, SPECIFICATION, ORREPORT WAS PREPARED BY MEOR UNDER MY DIRECTSUPERVISION AND THAT I AM ADULY REGISTERED ENGINEERUNDER THE LAWS OF THE STATEOF:NAME:42350PUBLICATIONS2902 CORPORATE PLACE CHANHASSEN, MN 55317ENGINEERSTAMPISSUE DATE06/30/24LIFE TIME PICKLEBALL BUILDING 2970 WATER TOWER PLACE CHANHASSEN, MN PROJECT INFORMATIONDRAWING LOGREVDATEDESCRIPTION10062 FLANDERS CT NEBLAINE, MN 55449ELFERING & ASSOCIATESTRUE NORTHCONSULTANT72 73 74 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.6 0.8 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 1.4 1.9 2.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 1.1 2.8 3.5 3.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 1.7 4.3 5.1 4.4 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.2 2.0 5.7 5.8 4.7 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.5 2.7 5.8 5.7 4.7 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.4 20.0 6.2 5.8 4.7 0.0 0.0 0.1 0.1 0.1 0.1 0.2 0.2 0.3 0.3 0.3 0.3 0.3 0.3 0.2 0.2 7.8 5.4 5.6 4.7 0.0 0.1 0.1 0.1 0.1 0.2 0.3 0.4 0.4 0.5 0.6 0.5 0.5 0.4 0.3 0.1 3.1 3.8 4.5 4.5 0.1 0.1 0.1 0.1 0.1 0.2 0.4 0.5 0.7 0.9 1.0 0.9 0.8 0.6 0.4 0.0 18.2 2.7 2.9 4.1 0.1 0.1 0.1 0.1 0.2 0.3 0.5 0.8 1.2 1.6 1.8 1.7 1.3 0.9 0.5 0.0 0.7 1.1 1.8 4.2 0.1 0.1 0.1 0.2 0.2 0.4 0.7 1.6 2.3 3.0 3.5 3.2 2.6 2.0 0.9 0.0 28.1 1.4 1.5 4.8 0.1 0.2 0.2 0.2 0.3 0.5 1.1 4.8 6.8 7.1 7.5 7.6 7.7 6.4 2.1 0.0 0.2 0.5 1.2 5.5 0.2 0.2 0.3 0.4 0.5 0.8 2.3 15.8 16.8 14.6 14.2 15.0 17.0 17.5 4.5 0.0 16.5 1.6 1.3 5.1 0.2 0.3 0.4 0.6 0.9 1.6 4.2 26.2 29.4 24.9 23.8 24.7 29.1 28.4 7.8 0.0 0.4 0.5 1.1 5.3 0.3 0.4 0.6 1.0 1.7 3.0 8.6 25.0 40.2 35.6 35.9 36.3 40.9 34.2 12.5 0.0 10.0 0.9 1.0 4.2 0.4 0.6 0.9 1.6 2.7 5.1 11.4 30.7 47.1 43.6 45.5 43.4 48.1 40.9 15.6 0.0 0.8 0.8 0.6 2.9 0.4 0.7 1.2 2.1 3.9 7.1 12.1 41.6 53.3 51.7 51.3 56.5 52.2 48.8 19.5 0.9 10.9 1.0 0.4 1.8 0.4 0.7 1.2 2.2 4.3 7.6 12.8 44.3 54.9 53.4 57.7 54.7 54.1 50.4 21.3 1.2 2.5 1.4 0.5 1.2 1.5 0.4 0.7 1.2 2.0 3.5 6.2 11.7 39.2 54.5 53.6 54.0 52.5 55.7 49.8 19.7 1.0 0.8 1.2 1.1 1.5 1.6 0.4 0.7 1.0 1.5 2.4 4.3 10.7 38.1 63.1 54.8 54.0 54.3 60.5 57.0 20.3 2.0 4.2 3.6 2.4 2.6 2.2 0.4 0.6 0.9 1.2 2.0 3.4 8.8 47.8 63.6 54.2 51.3 52.3 59.7 61.2 20.6 0.4 0.6 3.2 4.0 4.0 3.0 0.4 0.6 0.9 1.3 2.2 3.7 9.6 40.8 63.3 55.1 53.2 54.1 60.4 58.3 21.5 17.7 6.7 5.5 4.9 3.3 0.4 0.7 1.1 1.7 2.9 5.3 11.3 34.5 57.2 53.8 54.0 52.6 57.0 51.9 21.4 0.9 4.9 6.0 5.0 3.4 0.4 0.7 1.2 2.1 3.9 6.9 11.7 40.8 55.1 53.7 56.4 59.1 53.8 51.8 24.1 1.2 9.2 5.7 5.0 3.4 0.4 0.7 1.1 2.1 3.9 7.1 11.6 38.8 54.1 52.4 56.5 56.0 52.4 50.5 24.3 0.8 5.2 6.1 5.1 3.4 0.4 0.6 1.0 1.8 3.1 5.5 10.4 29.0 47.3 47.3 46.7 45.4 48.1 44.1 19.6 0.7 9.4 5.2 4.8 3.4 0.3 0.5 0.8 1.2 2.0 3.4 7.8 21.0 44.3 40.7 39.9 39.5 42.2 40.8 16.1 0.5 3.1 3.6 3.7 3.0 0.3 0.4 0.6 0.8 1.2 2.0 4.5 20.0 33.8 30.0 28.1 28.2 30.7 31.9 13.3 0.4 6.2 2.3 2.5 2.2 0.3 0.3 0.4 0.6 0.8 1.1 2.3 15.7 23.6 20.8 19.6 19.8 20.7 22.0 10.2 0.3 2.8 1.6 1.9 2.0 0.2 0.3 0.4 0.5 0.6 0.9 1.7 9.1 17.7 16.9 16.9 17.1 17.5 17.5 7.9 0.4 4.1 1.6 2.2 2.5 0.2 0.3 0.4 0.5 0.7 0.9 2.0 11.9 20.6 18.7 18.7 18.9 19.5 21.7 11.9 0.4 5.5 1.8 2.9 3.7 0.3 0.4 0.5 0.6 0.9 1.5 3.3 17.0 30.8 28.5 26.5 26.7 29.1 31.8 16.3 0.4 2.0 1.9 3.4 4.8 0.3 0.4 0.6 0.9 1.5 2.6 5.9 17.3 39.5 38.7 37.5 37.9 39.3 41.3 17.9 0.3 11.7 1.6 3.1 4.7 0.3 0.5 0.8 1.3 2.3 4.2 8.5 20.7 44.2 46.5 43.9 44.3 46.2 44.9 22.8 0.2 0.8 1.0 2.1 3.3 0.3 0.5 0.9 1.7 3.2 5.8 9.8 27.7 50.2 50.1 55.7 54.9 49.8 51.5 32.2 0.2 16.2 1.1 2.2 3.3 0.3 0.5 0.9 1.7 3.3 6.0 9.9 26.8 50.7 50.7 54.8 55.0 50.0 51.7 33.3 0.4 1.3 1.8 3.2 4.9 0.3 0.5 0.8 1.5 2.5 4.6 8.5 20.5 44.1 47.1 44.4 44.7 45.7 45.3 25.0 0.5 15.5 2.2 3.6 5.1 0.3 0.4 0.6 1.0 1.6 2.8 5.9 15.8 41.2 41.8 38.4 38.2 38.8 41.7 19.4 0.6 2.8 2.3 3.6 4.3 0.2 0.3 0.4 0.6 0.9 1.5 3.2 12.5 31.8 29.7 26.4 25.8 27.5 31.5 19.8 0.7 8.6 2.4 3.3 3.9 0.2 0.2 0.3 0.4 0.5 0.7 1.4 8.6 20.7 18.7 16.4 15.9 17.2 20.1 14.4 0.2 0.0 0.0 0.0 0.0 0.1 0.1 0.3 0.6 3.8 5.3 4.7 4.8 6.2 3.9 1.7 0.1 0.2 0.2 0.2 0.3 0.4 0.7 3.7 9.4 9.6 9.1 8.7 8.7 9.6 5.2 0.7 0.1 0.1 0.1 0.1 0.0 0.1 0.3 0.5 1.1 2.0 5.0 5.2 10.1 4.6 1.6 D EXISTING 1-STORY BLOCK BUILDING 2932 WATER TOWER PL. CHANHASSEN, MN 55317 BUILDING EXTERIOR= 20,338 S.F F CNT SPK 2191007.30 CNT SPK 2211001.40 W A T E R T O W E R P L A C E PC4 PROPERTY LINE EXISTING LIGHT POLE FIXTURE, TYPICAL. NEW LOCATION OF EXISTING LIGHT POLE FIXTURE. NEW BASE TYPE SHALL BE TYPE B1. PC1 PC1 PC1 PC1 PC4 PC1 PC1 PC1 PC4 PC1 PC1 PC1 PC1 PC1 XR6 XR6 XR6 XR6(2) (2) (2) XR6XR6 XR6 XR6 XR6 XR6 XR6 XR6 XR6 XR6 XR6 XR6 XR6 XR6 XR6 XR6 XR6 XR6 XR6 GRADE 4" IN GRASS/LANDSCAPE AREA LUMINAIRE HAND HOLE ELECTRICAL CONDUIT SEE STRUCTURAL PLANS FOR MORE DETAIL. BASE PROVIDED BY CONCRETE CONTRACTOR, COORDINATED BY ELECTRICAL CONTRACTOR. REFER TO STRUCTURAL DETAILS FOR BASE DIMENSIONS AND REBAR SIZE/SPACING LUMINAIRE (IF APPLICABLE) 23'-8" LIGHT POLE BOND TO REBAR #4 B.C. TYPICAL BOND TO GROUND LUG BOLLARD BASE TOP OF GRADE BOND TO GROUND LUG #4 B.C. TYPICAL HOT DIPPED GALVANIZED ANCHOR BOLT PROVIDED BY BOLLARD MANUFACTURER. REFER TO STRUCTURAL DETAILS FOR BASE DIMENSIONS AND REBAR SIZE/SPACING BOND TO REBAR GRADE TOP OF BASE IS FLUSH WITH GRADE. LUMINAIRE HAND HOLE ELECTRICAL CONDUIT(S) SEE STRUCTURAL PLANS FOR MORE DETAIL. BASE PROVIDED BY CONCRETE CONTRACTOR, COORDINATED BY ELECTRICAL CONTRACTOR. REFER TO STRUCTURAL DETAILS FOR BASE DIMENSIONS AND REBAR SIZE/SPACING LUMINAIRE (IF APPLICABLE) LIGHT POLE BOND TO REBAR #4 B.C. TYPICAL BOND TO GROUND LUG RECEPTACLE (IF APPLICABLE) CAMERA OR SPEAKER AS SHOWN ON PLANS (IF APPLICABLE) CAMERA SERVICE BOX MOUNTED AT BASE OF POLE FOR MEDIA CONTRACTOR (IF APPLICABLE) SPEAKER OR CAMERA CONDUIT WHERE SHOWN (IF APPLICABLE) ENT ROUTED UP POLE FOR SPEAKER OR CAMERA CABLING (IF APPLICABLE) 22'-0" LIGHT POLE CALCULATION SUMMARY AREA UNITS AVG MAX MIN AVG/MIN MAX/MIN MIDDLE COURTS - PLAN EAST FOOTCANDLES 53.02 70.6 39.2 1.35 1.80 MIDDLE COURTS - PLAN WEST 53.32 70.6 39.2 1.36 1.80 NORTH COURTS - PLAN EAST 49.96 65.4 38.4 1.30 1.70 NORTH COURTS - PLAN WEST 50.23 65.4 38.4 1.31 1.70 OVERALL SITE 9.82 63.6 0.0 N.A. N.A. PROPERTY LINE 0.05 0.2 0.0 N.A. N.A. SOUTH COURTS - PLAN EAST 52.96 70.7 38.6 1.37 1.83 SOUTH COURTS - PLAN WEST 53.12 70.4 38.8 1.37 1.81 SIDEWALK 9.97 58.2 0.3 33.23 194.0 FOOTCANDLES FOOTCANDLES FOOTCANDLES FOOTCANDLES FOOTCANDLES FOOTCANDLES FOOTCANDLES FOOTCANDLES CONSULTANT CONFIDENTIALITY NOTICE BY ACCEPTING THIS MATERIAL, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL AND SHALL NOT BE DISCLOSED, DISTRIBUTED, OR OTHERWISE TRANSMITTED IN ANY WAY WITHOUT THE EXPRESS WRITTEN CONSENT OF LIFE TIME, INC., OR ITS SUBSIDIARIES (“LT”). THIS MATERIAL AND INFORMATION REMAINS THE SOLE PROPERTY OF LT AND LT RESERVES THE RIGHT TO REQUIRE ITS RETURN AT ANY TIME. THE RECIPIENT AGREES TO DEFEND AND INDEMNIFY LT FROM ANY DAMAGES OR LOSSES ARISING OUT OF THE UNAUTHORIZED USE OR DISCLOSURE OF THE INFORMATION. REG. NO. EXP DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF: MINNESOTA NAME 2900 CORPORATE PLACE CHANHASSEN, MN 55317 PROFESSIONAL OF RECORD STAMP PROJECT INFORMATION PROJECT #:2409.43AC SHEET NO. ISSUE DATE PUBLICATIONS SITE SUBMITTAL PHOTOMETRIC SITE PLANE002 05/19/2023LIFE TIME PICKLEBALLBUILDING2970 WATER TOWER PLACECHANHASSEN, MNSCALE:1" = 20'-0" PHOTOMETRIC SITE PLAN1 GENERAL NOTES A. LIGHT LEVELS SHOWN ARE MAINTAINED. LIGHT LOSS FACTOR OF 0.85 WAS APPLIED TO ACCOUNT FOR LUMEN DEPRECIATION. B. ALL LIGHT POLES TYPE PC1 AND PC4 SHALL HAVE BASE TYPE B2 AND ARE 22'-0" HIGH. REFER TO DETAIL 3, THIS SHEET, FOR INFORMATION ON LIGHT POLE BASE TYPE B2. C. REFER TO DETAIL 4, THIS SHEET, FOR BOLLARD BASE INFORMATION FOR FIXTURE TYPE XR6. D. EXISTING LIGHT FIXTURES SHOWN ON ADJACENT LIFE TIME PROPERTY HAVE BEEN MODELED IN THIS PHOTOMETRIC. E. BOLLARD FIXTURES TYPE XR6 SHALL BE AIMED TOWARD THE ADJACENT SIDEWALK. NO SCALE2POLE BASE DETAIL - TYPE "B1" NO SCALE4BOLLARD BASE DETAIL NO SCALE3POLE BASE DETAIL - TYPE "B2" DRAWING LOG REV DATE DESCRIPTION 75 CONSULTANT CONFIDENTIALITY NOTICE BY ACCEPTING THIS MATERIAL, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL AND SHALL NOT BE DISCLOSED, DISTRIBUTED, OR OTHERWISE TRANSMITTED IN ANY WAY WITHOUT THE EXPRESS WRITTEN CONSENT OF LIFE TIME, INC., OR ITS SUBSIDIARIES (“LT”). THIS MATERIAL AND INFORMATION REMAINS THE SOLE PROPERTY OF LT AND LT RESERVES THE RIGHT TO REQUIRE ITS RETURN AT ANY TIME. THE RECIPIENT AGREES TO DEFEND AND INDEMNIFY LT FROM ANY DAMAGES OR LOSSES ARISING OUT OF THE UNAUTHORIZED USE OR DISCLOSURE OF THE INFORMATION. REG. NO. EXP DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF: MINNESOTA NAME 2900 CORPORATE PLACE CHANHASSEN, MN 55317 PROFESSIONAL OF RECORD STAMP PROJECT INFORMATION PROJECT #:2409.43AC SHEET NO. ISSUE DATE PUBLICATIONS SITE SUBMITTAL PHOTOMETRIC CUT SHEETS AND FIXTURE SCHEDULEE003 05/19/2023LIFE TIME PICKLEBALLBUILDING2970 WATER TOWER PLACECHANHASSEN, MNFIXTURE TYPE XR6 FIXTURE TYPES PC1 AND PC4 A.FIXTURE QUANTITIES INDICATED IN THIS SCHEDULE ARE FOR REFERENCE ONLY. ELECTRICAL CONTRACTOR SHALL SUBMIT BASE BID FROM DRAWINGS, NOT QUANTITIES INDICATED HERE. EMANUELSON-PODAS MAKES NO GUARANTEE THAT QUANTITIES LISTED ARE ACCURATE. GENERAL NOTES: LIGHT FIXTURE SCHEDULE TYPE DESCRIPTION VOLT DIMMING LAMPS VA / FIXT.MANUFACTURER CATALOG NUMBER FIXT. QTY.NOTESTYPE QTY / FIXT. PC1 EXTERIOR LIGHT POLE AND HEAD, DIE-CAST ALUMINUM FIXTURE HOUSING. 4" STRAIGHT SQUARE STEEL POLE WITH BASE COVER. FIXTURE AND POLE TO BE DARK BRONZE FINISH. SINGLE HEAD, 22'-0" POLE, COURT OPTICS DISTRIBUTION. INTERNAL LOUVER. 480 - - LED 4000K N/A 648 LSI INDUSTRIES ZNL-78L-CT-HV-40-BRZ-IL 12 1 PC4 EXTERIOR LIGHT POLE AND (4) HEADS, DIE-CAST ALUMINUM FIXTURE HOUSING. 4" STRAIGHT SQUARE STEEL POLE WITH BASE COVER. FIXTURE AND POLE TO BE DARK BRONZE FINISH. SINGLE HEAD, 22'-0" POLE, COURT OPTICS DISTRIBUTION. INTERNAL HOUSE SIDE SHIELD. 480 - - LED 4000K N/A 2072 LSI INDUSTRIES ZNL-65L-FT-HV-40-BRZ-IH 3 1 XR6 42" TALL, LED INDIRECT REFLECTOR BOLLARD.UNIV - - LED 3000K N/A 13 RAB LIGHTING BLED13Y 26 DRAWING LOG REV DATE DESCRIPTION 76 77 1ST FLOOR 100' -0" T.O. ROOF 128' -8" T.O. ENTRY PARAPET 133' -6" T.O. LOW PARAPET 130' -0" TEXTURED COLORED CONCRETE PANEL - BEIGEEIFS CORNICE BRICK - DARK BROWN STOREFRONT - BRONZE METAL CANOPY - BRONZE DECORATIVE SCONCE FAUX GREEN WALL A201 4 29' - 6"5' - 9"PRECAST CAPTEXTURED ACRYLIC COATING - LIGHT BROWN EQ EQ EQ EQ EIFS PROTRUSION T.O. HIGH PARAPET 132' -8" TEXTURED COLORED CONCRETE PANEL - DARK BROWN 1ST FLOOR 100' -0" T.O. ROOF 128' -8" T.O. ENTRY PARAPET 133' -6" T.O. LOW PARAPET 130' -0" TEXTURED COLORED CONCRETE PANEL - BEIGE EIFS CORNICE BRICK - DARK BROWN STOREFRONT - BRONZEPRECAST CAPTEXTURED ACRYLIC COATING - LIGHT BROWN T.O. HIGH PARAPET 132' -8" EIFS PROTRUSION 1ST FLOOR 100' -0" T.O. ROOF 128' -8" T.O. ENTRY PARAPET 133' -6" T.O. LOW PARAPET 130' -0" TEXTURED COLORED CONCRETE PANEL - BEIGE EIFS CORNICE BRICK - DARK BROWN STOREFRONT - BRONZEMETAL CANOPY - BRONZETEXTURED COLORED CONCRETE PANEL - DARK BROWN DECORATIVE SCONCE FAUX GREEN WALL A201 4 SIM 61' - 10"4' - 2"PRECAST CAP TEXTURED ACRYLIC COATING - LIGHT BROWN T.O. HIGH PARAPET 132' -8" TEXTURED COLORED CONCRETE PANEL - DARK BROWN 1ST FLOOR 100' -0" T.O. ROOF 128' -8" T.O. ENTRY PARAPET 133' -6" T.O. LOW PARAPET 130' -0" TEXTURED COLORED CONCRETE PANEL - BEIGE EIFS CORNICE BRICK - DARK BROWN STOREFRONT - BRONZE A201 4 SIM 3' - 5"49' - 6" PRECAST CAP TEXTURED ACRYLIC COATING - LIGHT BROWN T.O. HIGH PARAPET 132' -8" EIFS PROTUSION 12345678910 A A B B 36' - 0"36' - 0"36' - 0"36' - 0"42' - 0"36' - 0"36' - 0"36' - 0"36' - 0"77' - 0"9' - 0 5/8" 26' - 0" 8' - 0" 28' - 0" 8' - 0" 28' - 0" 8' - 0" 26' - 0" 8' - 0" 34' - 0" 8' - 0" 26' - 0" 8' - 0" 28' - 0" 8' - 0" 28' - 0" 8' - 0" 26' - 0" 9' - 0 5/8" 37' - 1"36' - 0"36' - 0"36' - 0"38' - 5"36' - 0"36' - 0"36' - 0"37' - 1"12' - 11"44' - 0"10' - 1"8' - 7"DESK ADA CHANGE ADA CHANGE MEP IT/AV FIRE CONTROL STORAGE VESTIBULE MEP 8' - 6"8' - 6"MENS WOMENS 6"8' - 6"8' - 0"18' - 0"8' - 0"18' - 0"8' - 0"8' - 6"CONSULTANT CONFIDENTIALITY NOTICE BY ACCEPTING THIS MATERIAL, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL AND SHALL NOT BE DISCLOSED, DISTRIBUTED, OR OTHERWISE TRANSMITTED IN ANY WAY WITHOUT THE EXPRESS WRITTEN CONSENT OF LIFE TIME, INC., OR ITS SUBSIDIARIES (“LT”). THIS MATERIAL AND INFORMATION REMAINS THE SOLE PROPERTY OF LT AND LT RESERVES THE RIGHT TO REQUIRE ITS RETURN AT ANY TIME. THE RECIPIENT AGREES TO DEFEND AND INDEMNIFY LT FROM ANY DAMAGES OR LOSSES ARISING OUT OF THE UNAUTHORIZED USE OR DISCLOSURE OF THE INFORMATION. SHEET NO. REG. NO. EXP DATE: I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF: NAME PUBLICATIONS 2902 CORPORATE PLACE CHANHASSEN, MN 55317 PROFESSIONAL OF RECORD STAMP PROJECT INFORMATION ISSUE DATE:ABCDE1 NOT FOR CONSTRUCTION2 3 4 5 66/14/2023 9:29:48 AMA200AChanhassen PickleballEXTERIOR ELEVATIONS & FLOOR PLAN2970 WATER TOWER PLACECHANHASSEN, MN<STATE> 6/13/2023 NOT FOR CONSTRUCTION 3/32" = 1'-0"1 EAST SIDE - CORP 3 3/32" = 1'-0"3 NORTH SIDE - CORP 1 3/32" = 1'-0"2 WEST SIDE - HWY 41 3/32" = 1'-0"4 SOUTH SIDE - WATER TOWER PL 3/32" = 1'-0"5 1ST FLOOR Copy 2 BUILDING AREA BREAKDOWN SPACE AREA CHANGING 31 SF ADA CHANGING 39 SF IT/AV 61 SF FIRE CONTROL 72 SF STORAGE 77 SF VESTIBULE 82 SF MECH 105 SF JAN/MEP 154 SF NOTES: 1. NO HAZARDOUS MATERIALS WILL BE STORED ON SITE. 2. BUILDING WILL BE SPRINKLERED PER 1306.002, SUBP 2. BUILDING AREA BREAKDOWN SPACE AREA MENS 159 SF WOMENS 216 SF CIRCULATION 1086 SF CIRCULATION 1188 SF CIRCULATION 2082 SF PICKLEBALL 9745 SF PICKLEBALL 9745 SF 24843 SF DRAWING LOG REV DATE DESCRIPTION 78 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division – 7700 Market Boulevard Mailing Address – P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1100 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: PC Date: CC Date: 60-Day Review Date: Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) Comprehensive Plan Amendment ......................... $600 Conditional Use Permit (CUP) Single-Family Residence ................................ $325 All Others......................................................... $500 Interim Use Permit (IUP) In conjunction with Single-Family Residence .. $325 All Others......................................................... $500 Rezoning (REZ) Planned Unit Development (PUD) .................. $750 Minor Amendment to existing PUD ................. $100 All Others......................................................... $500 Sign Plan Review ................................................... $150 Site Plan Review (SPR) Administrative .................................................. $100 Commercial/Industrial Districts* ...................... $500 Plus $10 per 1,000 square feet of building area: (______ thousand square feet) *Include number of existing employees: __________ *Include number of new employees:__________ Residential Districts ......................................... $500 Plus $5 per dwelling unit (_____ units) Subdivision (SUB) Create 3 lots or less ........................................ $500 Create over 3 lots ....................... $1000 + $15 per lot (_____ lots) Metes & Bounds (2 lots) .................................. $300 Consolidate Lots .............................................. $150 Administrative Subd. (Line Adjustment) .......... $150 Final Plat + $15 per lot .................................. $700* *(Includes $450 escrow for attorney costs) *Additional escrow may be required for other applications through the development contract. Vacation of Easements/Right-of-way (VAC) ........ $300 (Additional recording fees may apply) Variance (VAR) .................................................... $200 Wetland Alteration Permit (WAP) Single-Family Residence ............................... $150 All Others ....................................................... $275 Appeal of Administrative Decision........................ $200 Zoning Ordinance Amendment (ZOA) ................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Notification Sign (City to install and remove) ...................................................................................................................... $200 Property Owners’ List within 500’ (City to generate after pre-application meeting) .................................................. $3 per address (____ addresses) Escrow for Recording Documents (check all that apply) ....................................................................... $ per document Conditional Use Permit - $50 Wetland Alteration Permit - $50 Variance - $50 Interim Use Permit $50 Easements (__ easements) $85 Metes & Bounds Sub (2 deeds) $250 Site Plan Agreement - $85 Vacation - $85 Deeds - $100 TOTAL FEE: Section 2: Required Information Description of Proposal: Property Address or Location: Parcel #: Legal Description: Total Acreage: Wetlands Present? Yes No Present Zoning: Requested Zoning: Present Land Use Designation: Requested Land Use Designation: Existing Use of Property: Check box if separate narrative is attached. 79 Section 3: Property Owner and Applicant Information 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. I 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 b y 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: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: 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 pr oceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: Property Owner Email______________________________ Name: Applicant Email______________________________ Address: Engineer Email______________________________ City/State/Zip: Other* Email______________________________ Email: 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. INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. 80 Life Time Chanhassen Pickleball Addition Development Plan Project Narrative May 19, 2023 81 INTRODUCTION The purpose of this request is for site plan approval for the development of a Life Time Pickleball facility in Chanhassen, MN. This facility would include 8 indoor and 6 outdoor courts located southwest of the Life Time Athletic Club and Corporate Campus, directly across from Life Time’s Corporate 3 Building. As shown in the graphic below, the current improvements on site consist of a paved asphalt parking lot constructed in 2019. The Site is currently zoned PUD with indoor recreation/health club as a permitted use. Life Time is not at this time requesting any change or variance to zoning or permitted land use. SURROUNDING CONTEXT The site lies within the Arboretum Business Park PUD located East of Highway 41 and south of Highway 5. To the north is Life Time’s Athletic Club, and corporate headquarters. To the west of the site lies the 1,200 acre Minnesota Landscape Arboretum. To the east and south are offices, light industrial, daycare facilities and commercial buildings.67th Ave 82 SITE PLAN The proposed Life Time Pickleball facility will consist of an approximate 26,000 square foot precast building with the entry oriented to the east. Located to the west of the building will be an additional 6 fenced outdoor pickleball courts with lounge area accessed from the building. Outdoor courts, and the walking path will be lighted from dusk until closing. Additional site features will include landscaping, a surface filtration pond BMP and a screened ground level mechanical HVAC area. Accessible sidewalks will encompass the east side of the building, between the parking lot running north and south, and connect to the existing walking path from the Club on the northern side of the lot. During operating hours, Life Time staff will be on site to handle check in and operations. Parking All parcels within the Life Time campus are part of a shared parking agreement. Development of the site shall include repaving and restriping of the impacted parking lot, where affected by construction activity and utility installation. SSTS, LLC conducted a traffic and parking memo on behalf of Life Time. The memo has been included with the application submittal documents. Parking requirements per Chanhassen City Code require a total of 48 stalls. Parking demand is anticipated to be handled by the existing main corporate and club lot to the north, and with the adjacent corporate 3 building lot. No additional parking area is anticipated to be constructed due to the available capacity of parking between these lots, however a set number of corporate 3 parking stalls shall be signed and striped accessible for pickleball use only. Existing Stairway/ Connection to Club 83 BUILDING This proposed 26,000 sf building will feature reception, changing & restrooms, lockers, lounge area and 8 indoor pickleball courts. The building will be constructed to match similar styles to the nearby buildings. The final building roof height will be kept under 30’ to satisfy the aerial fire apparatus rules and will be fire accessible from the parking lot. Life Time is currently working with several precast manufacturers and anticipates having additional renderings and building samples available for the city to review at a later date. Design Guidelines The exterior finishes of the proposed building will of high quality and will be in compliance with the Arboretum Business Park Development Design Standards. A continuous masonry base is proposed on all four sides and will vary in height from 6’ to 8’. Exposed precast concrete panels will be acid-etched to provide texture and will feature integral coloring with earth-tone consistent with the Life Time typical brand finish palette. The large expanses on the east and west facing elevations will be broken up with accent color portions and artificial green wall elements. The roof line will be adorned with a projecting cornice element and will vary in height on the east and west façade to add architectural interest and break up the long expanse. The interior use: the Pickleball, is not conducive to daylighting and solar glare. Life Time members expect a certain playing environment, with consistently colored background fields, free from distractions for improved visibility of the ball. For these reasons the fenestration is proposed at the main building entry, access doors to outdoor courts and the north and south ends of the building. Signage Wall signs are proposed on the east, west and south facing facades. The east and west elevations exceed 4,500 SF; the signage on each side is proposed to be at or under the 275 sf maximum allowed. The south facing elevation is approximately 2,600 sf the proposed sign on this façade will be at or under the allowed 182 SF (7%) per Municipal Code. CLOSING Due to the enormous popularity of pickleball over the last few years, and the growing demand for court availability, Life Time’s goal is to have this facility open and operating by the end of the year, following both the schedule of approvals for the City and the watershed. Attached to this narrative you will find an application for development review, draft construction plans, details and building elevations. Life Time anticipates having supplemental information available in the coming weeks to support our application. 84 If there are any questions, comments or concerns please feel free to contact us. Gage Thompson, PE Engineering Manager Life Time Real Estate & Development C 612.219.8309 85 1 | P a g e Life T ime Pickleball Development , Chanhassen, MN May 19th, 2023 To: Kristie Elfering; Elfering & Associates From: Katie Schmidt, PE Re: Initial Traffic Review Memorandum – Life Time Pickleball –Chanhassen, MN SSTS, LLC has conducted a trip generation and parking review for the proposed Life Time Pickleball Development in Chanhassen, MN. The location of the Pickleball Development is in the area of the temporary parking lot in the southwest quadrant of the Life Time Corporate Campus, as illustrated by Figure 1. The proposed Pickleball Development consists of 14 total courts with 8 indoor courts and 6 outdoor courts. It is noted the indoor court building will house the 8 courts and restrooms with no other uses. Parking for the Pickleball Development is proposed to be accommodated by cross parking in the existing parking lot for Life Time Corporate Office Building 3 directly to the east. This memorandum discusses the trip generation potential for the proposed pickleball use and the parking demand. Trip Generation The volume of vehicle trips generated by the proposed Pickleball Development has been estimated for the weekday AM and PM peak hours of adjacent street traffic and on a daily basis using the data methodology described in the Institute of Transportation Engineers’ Trip Generation Manual 1, 11th Edition. The ITE data does not have a specific Pickleball land use. Rather, the Tennis Court land use was used as very similar operations are expected with the same number of players per court. Table 1 summarizes the trip generation estimate for the Proposed Pickleball Development. Table 1 - Trip Generation for Apartments *Trip generation rate for AM is based on a correlation of AM/PM of generator for land use 491 (Tennis Club). As shown in Table 1, the Pickleball Development is estimated to generate the following: 1 Trip Generation Manual, Institute of Transportation Engineers (ITE), 11th Edition Trips Generated: Enter Exit Enter Exit Tennis Courts 490 14 courts 20 20 27 27 379 20 20 27 27 54Totals40 379 PM Peak Weekday ADT Land Use Land Use Code Size AM Peak* Figure 1 - Project Location 86 2 | P a g e Life T ime Pickleball Development , Chanhassen, MN • 40 trips (20 entering and 20 exiting) during the morning traffic peak, • 54 trips (27 entering and 27 exiting) during afternoon traffic peak hour, and • 379 trips per day. These estimates could be conservative as no reductions were taken for shared trips from the Life Time Campus. It is likely that some of the pickleball players could walk over from the health club and/or employees could play before/during/after their work day. Additionally, site generated trips during the winter would be reduced as the outdoor courts will not be open. Parking Considerations Per Chanhassen City Code, 48 parking stalls for the proposed Pickleball Development would be required. The code states that a Recreational Facility shall have 20 spaces plus two spaces per court. Similar to the trip generation estimates this requirement does not consider shared trips from the Life Time Campus. Cross parking directly to the east with the Life Time Corporate Office Building #3 (2932 Water Tower Pl) existing park lot is proposed. With the inclusion of some additional handicap parking spaces for the proposed development this existing parking lot will have 117 spaces. Due to hybrid work policies at Life Time Corporate this parking lot is underutilized. To provide a current snapshot of parking use in Life Time Corporate Office Building #3 lot, a parking inventory was taken on Monday, May 15th at 2 PM. During this timeframe 21 vehicles were parked in the lot and 96 spaces we empty. It is likely that there will be available capacity for cross parking for the Pickleball Development. Additionally, parking could be available in the southwest portion of the health club lot with the pickleball courts accessible by the stairs and sidewalk. The parking inventory indicated only 6 cars parked in this corner with 81 open spaces. On the weekends it is likely that the Life Time Corporate Office Building #3 parking lot will be empty as no employees will be working and more than ample space will be available for Pickleball parking. Conclusion The proposed Pickleball Development is estimated to generate 40 AM peak hour trips, 54 PM peak hour trips and 379 daily trips. This estimate could be high as it does not consider shared trips with Life Time Health Club guests or use by Life Time Corporate employees. Additionally, there is existing parking capacity for cross parking operations in the Life Time Corporate Office Building #3 parking lot. Please contact Katie Schmidt at katie@s2traffic.com or 952-212-7625 with any questions. 87 Memorandum To: Eric Maass, Planning Director From: Erik Henricksen, Project Engineer Joe Seidl, Water Resources Engineer CC: Charles Howley, Public Works Director/City Engineer George Bender, Assistant City Engineer Charlie Burke, Public Works Operations Manager Date: 6/12/2023 Re: 2970 Water Tower Place (Life Time Pickleball) Site Plan Review - City Planning Case No. 2023-13 ACCESS Vehicular access to the proposed development is had via Water Tower Place, a public street. Water Tower Place is serviced by Century Boulevard, a city collector street to the west. An initial traffic review memorandum produced by Katie Schmidt, PE with SSTS and dated May 19, 2023, was provided by the applicant. The memo outlines the trip generation estimates associated with the proposed development and a review of the parking demand. The development’s AM and PM peak hour trip generation are 40 and 54 trips, respectively. As the development will not be expected to generate a significant traffic volume staff does not have concerns regarding the surrounding street network capacity or level of service associated with the proposed development. EASEMENTS The property proposed for development at 2970 Water Tower Place was platted in 2003 (Block 1 Lot 1 of Arboretum Business Park 5th Addition). At that time typical public drainage and utility easements were provided with the platting of the subdivision. No additional public easements are necessary for site plan approval. 88 Page 2 of 5 Private cross access easement and declarations for parking with the abutting property (2932 Water Tower Place) must be recorded to benefit the development prior to or concurrently with the recording of the Site Plan Agreement. GRADING & DRAINAGE The existing lot where the Lifetime pickleball expansion is proposed is currently a parking lot with small accessory buildings and concrete pads. This area sheet flows from west to east towards the adjacent existing parking lot where stormwater runoff is picked up in storm sewer catch basins and conveyed south to the storm sewer system within Water Tower Place. In the proposed condition drainage from the pickleball courts will sheet flow to the west and south into two proposed filtration basins. Locations for the roof drains are required to confirm which way the runoff from the proposed building will drain. However, it is assumed that this will be directed to the southern filtration basin. Because some of the proposed impervious area cannot be routed to the new filtration basins due to the site layout and grading, additional storm sewer is proposed within the existing parking lot that will direct stormwater runoff to the proposed filtration basin. The outlet for the filtration basin is proposed to connect into the existing storm sewer system within the Lifetime Fitness parking lot and continue to convey flow into the Water Tower Place storm sewer as it does in existing conditions. All onsite storm sewer and Best Management Practices (BMPs) will be privately owned and maintained. 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.” These standards include abstraction of runoff and water quality treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total phosphorous (TP). The proposed project is located within the Riley Purgatory Bluff Creek (RPBCWD) and is therefore subject to the watershed’s rules and regulations. A Stormwater Management Report dated May 15, 2023 was submitted by the applicant to the City and provided to the watershed district concurrently as part of the final plat review. Comments provided by the RPBCWD must be addressed and a permit from RPBCWD is required prior to construction. The site is within RPBCWD and is required to meet all applicable watershed rules which includes volume abstraction of 1.1 inches of runoff from all new or fully reconstructed impervious areas. The required volume abstraction is 4,963 cubic feet based on the disturbed impervious area of 54,137 square feet provided. Soil borings were submitted dated July 3, 2013, which included five soil borings within the Lifetime Fitness Pickleball project location. The soil borings showed clayey sand throughout the lot. A double ring infiltrometer test was performed August 1, 2019 at the north end of the site, not at the proposed location of the filtration basins. The double ring infiltrometer testing showed infiltration rates ranging from 0.0-0.04 in/hr within the inner 89 Page 3 of 5 ring indicating poor infiltration. Based on the soil borings and double ring infiltrometer, the applicant noted this is a restricted site and that the full volume abstraction could not be provided onsite due to the unsuitable soils. The applicant proposes going through sequencing and providing the maximum extent practicable for volume control, in line with the RPBCWD rules and meeting water quality requirements onsite. Volume abstraction is proposed below the draintile outlets in the filtration basins, at a depth of 2.4 inches across the basin bottom. The provided volume abstraction volume is 1,623 cubic feet. This infiltration area is shown to draw down within 48 hours assuming an infiltration rate of 0.02 inches per hour based on the double ring infiltrometer testing. P8 modeling was provided and reviewed to confirm the site is providing the required 90% TSS and 60% TP removal requirements. The modeling shows the site is meeting the required treatment removals, however there are several updates to the model needed in order to make it consistent with the plans. These updates should be made, and the water quality requirements should be confirmed to still be met once the modeling has been updated. Electronic copies of the updated P8 model should be included in future submittals. The Stormwater Management Report and supporting Hydrologic and Hydraulic HydroCAD models were reviewed. The HydroCAD modeling shows the site is meeting rate control for the 2-, 10-, and 100-year storm events. There are some comments on the modeling that should be addressed to be consistent with the plans. Once those comments are addressed it should be confirmed rate control requirements are still met. The applicant shall provide final versions of all modeling (HydroCAD and P8) and SWMP report to address remaining comments and confirm rate, volume and water quality requirements are still being met as part of the final site plan approval. As outlined in the City’s Surface Water Management Plan adopted in December 2018, the City requires at least 3 feet of freeboard between a building elevation and adjacent ponding features. The proposed building is not in compliance with the freeboard requirement with respect to either of the two proposed filtration basins. The site design will need to be modified in order to meet the City’s three foot freeboard requirement. There are design concerns with the configuration of the proposed filtration basin. The design has the inlet and outlet pipes located adjacent to each other which would cause short circulating of the stormwater resulting in decreased performance. Additional infiltration tests should be completed at the filtration basin location to determine the design and any necessary soil remediation needed to increase abstraction. Pretreatment should be provided before stormwater is introduced into the filtration basin to increase performance and minimize maintenance. As such the applicant shall work with Staff to improve the proposed stormwater design. The proposed BMPs are to be privately owned and therefore will require an Operations and Maintenance (O&M) Agreement and associated plan. The plan will need to identify the 90 Page 4 of 5 maintenance schedule, responsible party, and should include information on how the system will be cleaned out. The proposed BMPs are located outside of drainage and utility easement. EROSION CONTROL The proposed development will impact 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 and submitted a Surface Water Pollution Prevention Plan (SWPPP) which was included in the submittal. The SWPPP is a required submittal element for final site plan review along with the Erosion and Sediment Control Plan (ESCP) in accordance with Section 19-145 of City Ordinance. No earth disturbing activities may occur until an approved SWPPP is approved. The SWPPP and ESCP submitted were generally consistent with City Ordinance, however some issues including the placement of the construction entrance, topsoil specifications, and the use of erosion control blanket which will need to be addressed. The SWPPP and ESCP shall be updated as the plans are finalized, when the contractor and their sub-contractors are identified and as other conditions change. All erosion control shall be installed and inspected prior to initiation of site grading activities. UTILITIES The site has access to sanitary sewer and water mains abutting the property to the south within the existing public right-of-way (Water Tower Place). The applicant is proposing to connect off an existing 6” gate valve for water service and 6” PVC sanitary sewer stub for sanitary service. These utility service extensions will be privately owned and maintained. Final construction plans, including the utility connections, will be subject to review and approval by staff prior to recording of the Site Plan Agreement. ENGINEERING RECOMMENDATIONS: 1. The developer shall enter into a site plan agreement with the City and provide necessary financial security to guarantee compliance with the terms of site plan approval. 2. It is the developer’s responsibility to ensure that permits are received from all other agencies with jurisdiction over the project (i.e. Carver County, RPBCWD, Board of Water and Soil Resources, MnDOT, etc.) prior to the commencement of construction activities. 3. Private cross access easement and declarations for parking between Block 1 Lot 1 and Lot 2 of the Arboretum Business Park 5th Addition must be recorded prior to or concurrently with the recording of the Site Plan Agreement. 4. The developer and their Engineer shall work with City staff in amending the construction plans, dated May 15, 2023 prepared by Kristina Elfering, PE with Elfering & Associates, to fully satisfy construction plan comments and concerns. Final construction plans will be subject to review and approval by staff prior to recording of the site plan agreement. 91 Page 5 of 5 WATER RESOURCES RECOMMENDATIONS: 1. The City requires at least 3 feet of freeboard between a building elevation and adjacent ponding features. The proposed building is not in compliance with the freeboard requirement with respect to either of the two proposed filtration basins. The site design will need to be modified in order to meet the City’s three foot freeboard requirement. 2. The applicant shall provide a copy of conditional approval from the RPBCWD as part of any future plan submittals. 3. Final SWPPP and ESCP plans will be subject to review and approval by staff prior to recording of the site plan agreement. 4. The applicant shall update the models (HydroCAD, MIDS and P8) per City and any watershed district comments and submit updated computations and models in their native forms with the final site plan submittal and final construction plans. 5. The applicant shall work with staff to optimize the stormwater design. 6. The applicant shall enter into an Operations and Maintenance Agreement for any proposed privately owned stormwater facilities which shall be recorded concurrently with the final site plan agreement. 92 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COLINTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on June 8, 2023,the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice to consider a request for a Site PIan Review to build an indoor Pickleball facility and outdoor courts for property located *2970 Water Tower Place. Property Owner: Lifetime Fitness, Applicant: Gage Thompson 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. . Meuwissen,City to before me 2023 Public 93 Subiect Parcel Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic lnformation System (GlS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic lnformation System (GlS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. (Tax_name) <Tax_add_!1 > <Tax_add_!2> <Next Record ><<Tax_name)) <Tax_add_|1 > <Tax_add_12> Subject Parcel t! it i ! *-I I ! II Dfl :t 94 Notice of Public Hearing Chanh assen Plan Commission Meetin Date & Time:, June 20, 2023, at 6: 00 p.m. This hearing may not start until later in the order oftheon Tuesday Location:HallCouncil 7700 Market Blvd. Proposal:Consider a request for a Site Plan Review to build an indoor Pickleball facility and outdoor courts. Owner:Lifetime Fitness Property Location What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps:l. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the planning Commission discusses the project. Questions & Comments: To view project documents before the meeting, please visit the city's proposed development webpage at: . lf you wish to talk to someone about this project, please contact Bob Generous by email at emaass@chanhassenmn.sov or by phone at952-227-l139. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Planning Commission. The staff report for this item will be available online at the city,s Agendas & Minutes webpage the Thursday prior to the Planning Commission meeting. Sign up to receive email updates about this or other projects. Go to City Review Notice of Pu Chanhassen Plann blic Hearing Commission Date & Time:uneJ 6at 00Tuesday20,This not startp.m.hearing may lateruntil the the oforder the Location Hall Council 7700 Market Blvd.C Proposal:Consider a request for a Site Plan Review to build an indoor Pickleball facility and outdoor courts. Applicant: Owner:Lifetime Fitness Property Location 2970 Water Tower Place reverse side of What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: Staff will give an overview of the proposed project. The applicant will present plans on the project. Comments are received from the public. Public hearing is closed and the planning Commission discusses the project. l. 2. 3. 4. Questions & Comments: To view project documents before the meeting, please visit the city's proposed development webpage at: . lf you wish to talk to someone about this project, please contact Bob Generous by email at emaass@chanhassenmn.gov or by phone at952-227-l139. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the planning Commission. The staff report for this item will be available online at the city's Agendas & Thursday prior to the Planning Minutes webpage the Commission meeting. sign up to receive email updates about this or other projects. Go to h ttps : //www. c h a n h asse n m n. q ov/i-wa nt-to/s u bsc ri be Review Applicant:@ge Thompson 2970 Water Tower Place A location map is on the reverse side ofthis notice. 2023, in 95 Tax name BALL RANCH CO LLC BOERGER BUILDING LLC CENTURY 2OOO PARTNERS ttP H ELSEN E PARTNERS LLC KCP RE LLC Tax add 11 6495 CITY WEST PKWY 2860 WATERTOWER PL 6495 CITY WEST PKWY 5685 GRANT LORENZ RD 5310 SAN VICENTE BLVD # 250 Tax add 12 EDEN PRAIRIE, MN 55344- CHANHASSEN, MN 55317-8004 EDEN PRAIRIE, MN 55344- EXCELSTOR, MN 55331-8363 LOS ANGELES, CA 90048. REGENTS OF UNIV OF MINNESOTA US BANK NA 319 15TH AVE SE PO BOX 460169 MINNEAPOLIS, MN 55455.0199 HOUSTON, TX 77056. LTF REAL ESTATE MP II LLC 2902 CORPORATE PLACE CHANHASSEN, MN 55317.4560 96 CNT SPK 2191007.30 CNT SPK2211001.40 244 3"3"5"4" 3" 3" 3" 5 5 6" 2" 6"6"3"6"6"6"6"6"6"5"6"5"5"6"6"6"6"8"6"6"6"6"6"3"BIRCH8"ASH8"ASH6"BIRCH 4"SPRUCE3"SPRUCE 4"4"BIRCH ST TR EMCIRCULATIONCI102CIRCULATIONCI103CIRCULATIONCI100WOMENSPK107MENSPK106IT/AVME101ADACHANGINGPK108CHANGINGPK109MECHME100FIRECONTROLME102ELECTRICALME103STORAGEPK111PICKLEBALLPK103PICKLEBALLPK102VESTIBULEPK100RECEPTION& RETAILPK101OUTDOORPICKLEBALLPK105STATE HIGHWAY NO. 41WATER TOWER PLACECHANHASSEN LTCORPORATE OFFICE 3OUTDOORLOUNGEPK104OUTDOORPICKLEBALLPK105NTNCONSULTANTCONFIDENTIALITY NOTICEBY ACCEPTING THIS MATERIAL, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL AND SHALL NOT BE DISCLOSED, DISTRIBUTED, OR OTHERWISE TRANSMITTED IN ANY WAY WITHOUT THE EXPRESS WRITTEN CONSENT OF LIFE TIME, INC., OR ITS SUBSIDIARIES (“LT”). THIS MATERIAL AND INFORMATION REMAINS THE SOLE PROPERTY OF LT AND LT RESERVES THE RIGHT TO REQUIRE ITS RETURN AT ANY TIME. THE RECIPIENT AGREES TO DEFEND AND INDEMNIFY LT FROM ANY DAMAGES OR LOSSES ARISING OUT OF THE UNAUTHORIZED USE OR DISCLOSURE OF THE INFORMATION.SHEET NO.REG. NO.EXP DATE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF: NAMEPUBLICATIONS2902 CORPORATE PLACE CHANHASSEN, MN 55317PROFESSIONAL OF RECORDSTAMPPROJECT INFORMATIONISSUE DATE:ABCDE1NOT FOR CONSTRUCTION234566/16/2023 10:55:57 AMA151Chanhassen PickleballFURNITURE AND EQUIPMENT PLAN - FIRST FLOOR2970 WATER TOWER PLACECHANHASSEN, MN<STATE>6/20/2023CHECK SET #11/16" = 1'-0"A1FURNITURE - FIRST FLOORDRAWING LOGREV DATE DESCRIPTIONNOT FOR CONSTRUCTION6/15/202397 CNT SPK 2191007.30 CNT SPK2211001.40 244 3"3"5"4" 3" 3" 3" 5 5 6" 2" 6"6"3"6"6"6"6"6"6"5"6"5"5"6"6"6"6"8"6"6"6"6"6"3"BIRCH8"ASH8"ASH6"BIRCH 4"SPRUCE3"SPRUCE 4"4"BIRCH ST TR EMCIRCULATIONCI102CIRCULATIONCI103CIRCULATIONCI100WOMENSPK107MENSPK106IT/AVME101ADACHANGINGPK108CHANGINGPK109MECHME100FIRECONTROLME102ELECTRICALME103STORAGEPK111PICKLEBALLPK103PICKLEBALLPK102VESTIBULEPK100RECEPTION& RETAILPK101OUTDOORLOUNGEPK104PICKLEBALLPK105STATE HIGHWAY NO. 41WATER TOWER PLACECHANHASSEN LTCORPORATE OFFICE 3NTNCONSULTANTCONFIDENTIALITY NOTICEBY ACCEPTING THIS MATERIAL, THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL AND SHALL NOT BE DISCLOSED, DISTRIBUTED, OR OTHERWISE TRANSMITTED IN ANY WAY WITHOUT THE EXPRESS WRITTEN CONSENT OF LIFE TIME, INC., OR ITS SUBSIDIARIES (“LT”). THIS MATERIAL AND INFORMATION REMAINS THE SOLE PROPERTY OF LT AND LT RESERVES THE RIGHT TO REQUIRE ITS RETURN AT ANY TIME. THE RECIPIENT AGREES TO DEFEND AND INDEMNIFY LT FROM ANY DAMAGES OR LOSSES ARISING OUT OF THE UNAUTHORIZED USE OR DISCLOSURE OF THE INFORMATION.SHEET NO.REG. NO.EXP DATE:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF: NAMEPUBLICATIONS2902 CORPORATE PLACE CHANHASSEN, MN 55317PROFESSIONAL OF RECORDSTAMPPROJECT INFORMATIONISSUE DATE:ABCDE1NOT FOR CONSTRUCTION234566/15/2023 4:44:21 PMA151Chanhassen PickleballFURNITURE AND EQUIPMENT PLAN - FIRST FLOOR2970 WATER TOWER PLACECHANHASSEN, MN<STATE>6/15/2023NOT FOR CONSTRUCTION1/16" = 1'-0"A1FURNITURE - FIRST FLOORDRAWING LOGREV DATE DESCRIPTION 98 Planning Commission Item June 20, 2023 Item Approve Planning Commission Meeting Minutes dated June 6, 2023 File No.Item No: D.1 Agenda Section APPROVAL OF MINUTES Prepared By Jenny Potter, Sr. Admin Support Specialist Applicant Present Zoning Land Use Acerage Density Applicable Regulations SUGGESTED ACTION "The Chanhassen Planning Commission approves its June 6, 2023 meeting minutes." SUMMARY BACKGROUND DISCUSSION RECOMMENDATION 99 ATTACHMENTS Planning Commission Meeting Minutes dated June 6, 2023 100 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 6, 2023 CALL TO ORDER: Chairman Noyes called the meeting to order at 6:00 p.m. MEMBERS PRESENT: Chair Eric Noyes, Erik Johnson, Vice-Chair Kelsey Alto, Perry Schwartz, Ryan Soller, Edward Goff, Steve Jobe. MEMBERS ABSENT: None. STAFF PRESENT: Bob Generous, Senior Planner; Eric Maass, Planning Director, and MacKenzie Young-Walters, Associate Planner PUBLIC PRESENT: Chris Albright Superior Contracting, 22356 Aberdeen Avenue, Jordan Edgar Cepuritis Vice President of Development, Café Zupa, 460 West Universal Circle, Sandy, Utah PUBLIC HEARINGS: 1. CONSIDER A REQUEST FOR A FRONT YARD SETBACK AND OTHER VARIANCES TO BUILD A TWO-STORY HOME ON PROPERTY LOCATED AT 3632 HICKORY ROAD MacKenzie Young-Walters stated additional properties in the neighborhood have requested variances in the past due to abnormal lot size. This current lot is larger than required by the zoning district. The property is unique because it is a bisected parcel. The applicant’s proposal would meet the zoning requirements aside from the front yard setback request at 20 feet. The staff assessed the request and stated the proposal was reasonable and recommended approval. Commissioner Goff noted the front setback was preferable to the back setback. Chair Noyes questioned the water resource success due to the lot topography. Mr. Maass stated the water resource engineer hopes to bring the lot closer to compliance with the code. The engineer provided an option of a rain garden. Chair Noyes invited the applicant to address the Planning Commission. Chris Albright, General Contractor, opened the floor for questions. Chair Noyes asked how confident Mr. Albright was on saving trees during the project. Mr. Albright stated he was confident as there was not much tree coverage on the building site. 101 Planning Commission Minutes – June 6, 2023 2 Chair Noyes opened the public hearing. There were no public comments. Chair Noyes closed the public hearing. Commissioner Schwartz moved, Commissioner Perry seconded that the Chanhassen Board of Appeals and Adjustments, approves the requested 10-foot front yard setback variance, subject to the conditions of approval, and adopts the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 7 to 0. 2. CONSIDER A REQUEST FOR A SUBDIVISION, SITE PLAN REVIEW WITH VARIANCES, AND A CONDITIONAL USE PERMIT FOR A DRIVE-THROUGH RESTAURANT LOCATED AT 800 W. 78TH STREET Senior Planner Generous gave a summary of the staff report, noting the applicant is Café Zupas and West Village Station, LLC. The zoning for the property is commercial use and is at an existing shopping center. The preliminary plat would create two lots, with the shopping center located at Lot 1 and the drive-through restaurant at Lot 2. Lot 2 requests a drive-through which requires a conditional use permit. The restaurant will provide pedestrian access, a patio area, and two drive-through lanes. The lot already has access to utilities and there will be minor grading changes for the new building. The project also meets drainage and stormwater management, but the city has concerns about the placement of the catch basin near trash receptacles to ensure no illicit dumping. The development does not meet the landscaping diversity requirements and need additional tree types. The architecture was reoriented due to concerns of traffic with the drive- through. The staff report encouraged the applicant to include spandrel windows to the south elevation and to reorient the door from the southwest corner of the building. The materials are stucco, brick, composite wood, and metal. The conditional use permit is for the drive-through. All requirements for the city code have been met. Café Zupas drive-through has a maximum of six vehicles and there will not be impact on traffic circulation. The city recommends approval of the conditional use permit. The city code does not accommodate literary artistic expression. The staff recommended approval for the variance so the company can match brand identity. Chair Noyes stated he received a letter from a resident about concerns with the signage. Chair Noyes asked if the signage would be a distraction for drivers. Mr. Generous stated he did not think this was a concern, and engineering did not see this as an issue. Chair Noyes asked about the issue with crossing and accessibility. Mr. Generous stated they are addressing it, but the shopping center is an issue. Commissioner Schwartz asked if the trees would be over the proposed deck. Mr. Generous stated the trees would be on the periphery. Commissioner Goff asked Mr. Generous to address the letter writer’s concern about underutilizing a primary location. Planning Director Maass stated the city approved a consultant 102 Planning Commission Minutes – June 6, 2023 3 study to address a downtown design study to ensure the space is used to the best of the opportunities. This application was submitted prior to this study, so it must be based on current ordinances. Chair Noyes asked if the city is completing this study if it would be best to wait on approving this application. Mr. Maass stated they are under a statuary 60-day requirement to act on this application unless there is a moratorium. This current study would not be applied retroactively. Chair Noyes stated they received three letters regarding this project with a variety of opinions. Mr. Maass stated Café Zupa has been a good partner and made changes to promote pedestrian- friendly areas. Commissioner Schwartz stated the current study will have to take this building into account when considering additional building or business opportunities in the future. Mr. Maass understood but needs to review the application based on current city ordinances. Vice-Chair Alto shared that this location is well set up for a drive-through. The restaurant is a healthier option as opposed to a fast-food restaurant. Commissioner Schwartz asked if there was a physical barrier between the patio and the parking lot. Mr. Maass stated they suggested Café Zupa add a patio and they discussed adding a fence or barrier since it is next to the drive-through. Commissioner Schwartz asked if the restaurant places the order at the drive-through and waits at a pick-up location for the food. Edgar Cepuritis, Vice President of Development for Café Zupa, shared about the mobile ordering and drive-through options. Café Zupa desires to get cars from the drive-through queue to holding spaces to serve guests efficiently. Commissioner Schwartz asked if the gray areas on the site plan review are parking spaces. Mr. Cepuritis stated that is the current layout. There is a barrier between the current parking lot and the drive-through area. Customers are exiting into traffic either from the east or the north. Commissioner Goff questioned if the signage was artistic and not commercial. Commissioner Goff stated that the logo is used by Café Zupa, so it is commercial. He requested to see the logo meet city requirements. Chair Noyes questioned if the image was just a strawberry if it would be viewed as artistic. Commissioner Soller asked about the precedent of approving similar artistic signage. Mr. Maass stated that each variance is unique and does not create precedent from a policy standpoint. Chair Noyes stated he does not think there will be negative consequences to approving the artistic signage for Café Zupa. Commissioner Goff asked if the lettering and strawberry would be raised. Mr. Generous stated that the image would be painted. 103 Planning Commission Minutes – June 6, 2023 4 Vice-Chair Alto stated the painting would not detract like plastic signage would. Commissioner Soller asked if there would be a requirement for maintenance. Mr. Generous stated they would be held to building maintenance ordinance. Commissioner Schwartz stated the traffic impact study provided referenced the Café Zupa building and a 3500 retail unit. He questioned what the retail unit would be. Mr. Cepuritis stated the traffic study was done in conjunction with earlier work, but is not currently planned for. Mr. Cepuritis stated citizens want a drive-through, which helped Café Zupa serve guests well during the COVID-19 pandemic. The new stores include a drive-through. Mr. Cepuritis thanked Mr. Generous and Mr. Maass for their time and work together. He stated there will be a fence area near the drive-through to block the headlights from 78th Street. Mr. Cepuritis shared information about the mural on the building. It states, “Good things happen in Chanhassen.” He asked commissioners what objects or images they can include on the mural that connects with Chanhassen. Mr. Cepuritis shared Café Zupa desires a high-quality building and plans to maintain the building. Mr. Cepuritis also shared that the spandrel windows are glass windows that you cannot look through. Commissioner Schwartz encouraged Café Zupa commercial designer to offer a local challenge to area graphic designers to submit ideas for the murals. Mr. Cepuritis stated the store would consider running a challenge through the school system. Commissioner Soller asked for an estimate of additional parking spaces. Mr. Cepuritis stated there is a net negative 20 parking spaces when accounting for the building. Commissioner Soller stated residents were concerned about parking spaces impacted by the building. Commissioner Schwartz asked about the plans to use green construction and renewable energy. Mr. Cepuritis stated Café Zupa is energy and environmentally conscious. There is no written policy in their company to incorporate green energy or environmentally conscious construction. Chairman Noyes opened the public hearing. There were no public comments. Chairman Noyes closed the public hearing. Commissioner Soller stated there is a large sign at the parking lot that advertises Lunds & Byerlys. He asked if there would be additional signage for Café Zupa. Mr. Generous stated the structure is currently in place and the current management can determine the usage. Commissioner Johnson asked about the door being moved in the design and asked if this move was desired. The door provides access to employees delivering food out to vehicles in the drive- through lane. Mr. Maass shared this change aligns with code, which states the main entrance should face the primary street and secondary entrance to the side or rear. The door is required to be on the façade to align with code. The door with the vestibule would be the primary door. 104 Planning Commission Minutes – June 6, 2023 5 Commissioner Goff stated he approves of the sign, but requested to change the language in the application to state the sign is an artistic element to the storefront design. Commissioner Schwartz asked if the phrase “Nourish the Good Life” was a corporate slogan appearing on the letterhead or annual reports. Mr. Cepuritis stated the sign appeared on staff t- shirts. There is no copyright to this slogan and other individuals can use it. Commissioner Soller stated many individuals have different views of the development of downtown Chanhassen. He questioned what steps the city can take to increase pedestrian and motor traffic downtown safely and strategically. Vice-Chair Alto stated this is the goal of the Economic Development Commission. Commissioner Soller disagreed. Chairman Noyes shared when new concepts are being introduced, it is possible to create spaces from scratch. He noted the oldest part of the town is hard to develop with current businesses established. Mr. Maass shared the Planning Commission and Economic Development Commission will respond and react to active applications and future spaces. Commissioner Schwartz encouraged individuals to reference similar projects in other communities to consider what other neighboring towns are completing. Vice-Chair Alto moved, Commissioner Jobe seconded that the Chanhassen Board of Appeals and Adjustments approves Planning Case #2023-08 subject to the to the conditions of approval, and adopts the attached Findings of Fact and Decision, with the amendment to change the language of signage variance to artistic element. All voted in favor and the motion carried unanimously with a vote of 7 to 0. APPROVAL OF MINUTES: 1. APPROVAL OF PLANNING COMMISSION MINUTES DATED MAY 16, 2023 Commissioner Soller moved, Commissioner Schwartz seconded the approval of the summary Minutes of the Planning Commission meeting dated May 16, 2023 as presented. CITY COUNCIL ACTION UPDATE: Mr. Young-Walters stated the City Council approved the amendments presented before the Planning Commission at the last meeting except for the amendment for the use of pervious pavers in the shoreland. The engineering department is considering a more comprehensive look at this amendment. Chairman Noyes asked if the amendment would return to the Planning Commission. It was indicated that if there were substantive changes, it would return to the Planning Commission. 105 Planning Commission Minutes – June 6, 2023 6 ADJOURNMENT: Commissioner Schwartz moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Planning Commission meeting was adjourned at 7:18 p.m. Submitted by Eric Maass Planning Director 106