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CAS-02_DOWNTOWN REZONINGSCITY OF CHANHASSEN Affidavit of Publication CARVER AND HENNEPIN COUNTIES, NCENO. 493 ORDINANCE NO. 993 Southwest Newspapers AN ORDINANCE AMENDING CHAPTER 200F THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, State of Minnesota) BY REZONING CERTAIN PROPERTY )SS. THE CITY COUNCIL OF THE County of Carver) CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized amended by: agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- Rezoning properties from General Business District (BG) to la and has full knowledge of the facts herein stated as follows: ger K Central Business District (CBD) on property located on Lot 9, Block 1, (A) These newspapers have complied with the requirements constituting qualification as a legal West Vine Heights 2nd Addition newspaper, as provided by Minnesota Statute 331 A02, 331 A.07, and other applicable laws, as and Fats 1, 2 and 3, Block 1, West amended. Village Heights 3rd Addition; Rezoning - from General Business District (BG) to (B) The printed public notice that is attached to this Affidavit and identified as No - Notice Agricultural Estate District (A2) on property located A, was published on the date or dates and in the newspaper stated in the attached and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of Crossroads Plaza Addition; and di on; an the news specified. Printed below is a co of the lower case alphabet from A to Z, both Paper P� PY P Rezoning from Highway and inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Business Services District (BB) to and publication of the Notice: Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition Lot abcdefghijkhonopgrsto z and 3, Block 2, Frontier Development Park. Section 2. The rezoningof these By: pmpertiesissubjecttoallconditions Laurie A. Hartmann of City Council approval. Section . The zoning map of the City of Chanhassen shall not be republished to show the aforesaid Subscribed and sworn before me on zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoningr +h r hereinabove provided for in this this.day of 2010 ordinance, and all of the notations, references, and other information shown thereon are hereby JYM=MINNESOTA mcarpomtedbyreferenceandmade NOTARY Pa part of this ordinance. eectlp' nq. This ordinance shall My Commiss be effective immediately upon its No blit passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this a- day of February, 2010. ATTEST: Tadd Gerhard, City Manager Thomas A. Furlong, Mayor RATE INFORMATION (Published in the Chanhassen Villager. Thursday, February 18, Lowest classified rate paid by commercial users for comparable space _..$31.20 per column inch 4 2010; No. 9329) Maximum rate allowed bylaw for [he above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $12.59 per column inch SCANNED .yrS • • y.: u.: •.i CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 493 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CTTY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by: Rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West Village Heights 2°d Addition and Lots 1, 2 and 3, Block 1, West Village Heights 3`d Addition; Rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A, Crossroads Plaza Addition; and Rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park. Section 2. The rezoning of these properties is subject to all conditions of City Council approval. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 8d' day of February, 2010_ ATTEST: d Gerhard, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on February 18, 2010) SCANNED 16 -0 2. Chanhassen City Council — February 8, 2010 lot of work ahead of us but I think from a safety standpoint for the 8 people in the area, as well as for those that use the road, I think it makes sense to move forward at this time. Any other thoughts or comments at this point? If not, is there a motion from the council. Mr. McDonald. Councilman McDonald: I'll do the motion. I'll make a motion that the City Council authorize the preparation of plans and specifications for the Audubon Road reconstruction Project #10-02. Mayor Furlong: Thank you. Sufficient? Is there a second? Councilman Litsey: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Resolution #2010-12: Councilman McDonald moved, Councilman Litsey seconded that the Chanhassen City Council authorize the preparation of plans and specifications for the Audubon Road Reconstruction Project No. 10-02. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: That motion does prevail. Again thank you everyone. We appreciate it and we certainly encourage you to stay involved because this process will continue forward. Let's just, now seeing the hour, we have one item left on our agenda. Let's take a very short recess ... so 3 minutes? 2 minutes? 3 minutes if that's okay. Subject to the call of the Chair. Thank you. The City Council took a short recess at this point in the meeting, subject to the call of the Chair. CONSIDER APPROVAL OF AMENDMENT TO CHAPTER 20 OF CITY CODE: REZONING CERTAIN DOWNTOWN PROPERTIES. Kate Aanenson: Thank you Mayor, members of the City Council. Earlier tonight you acted on a, kind of a secondary part of the rezonings and that was the three PUD amendments, and I'm going to put some context to how those relate to the rest of the rezonings that we'll be visiting tonight. As you recall as part of the comprehensive plan, one of the steps that we took was doing the market analysis prepared by the McCombs Group. We took that information and we looked at additional commercial retail opportunities in the city so as we updated the comprehensive plan and we got feedback from those, for the community meetings, we recognized that we wanted to dual guide the area south of Lyman along the Powers Boulevard, 212 interchange. In addition to that we most recently changed and provided for another new zoning district, the Community Commercial district so since the comprehensive plan we've, as required by the process, we have created two new zoning districts. The Community Commercial zoning district and the regional commercial zoning district. As a part of that we also wanted to increase the commercial component downtown to make sure that that still becomes a vibrant area if we do the regional commercial zoning district. So with that these are the commercial zoning districts we have downtown. As I stated earlier the IOP, which is the Industrial Office Park, or the Community Commercial is shown in that light green. And these are the, this is kind of the current fabric that we have right now in the downtown. The Central Business District, red is the highest zoning 619 SCANNED Chanhassen City Council — February 8, 2010 district that we have in the city and provides the most flexibility. The PUD we've applied where we wanted to limit some of the uses. The PUD's that we adopted earlier tonight would be kind of in the mark, I'll show you in a little more detail but kind of the Target and Market Square pieces have, would just change that to be a Central Business District. But the hierarchy that we have right now would be the BN district which is the lowest type of commercial. The Business Highway which provides for auto related. The Central Business District and then the BG and there's really only one active BG and that's the IRET property which is actually Byerly's, Office Max all under one ownership and that's the only parcel that we had in BG. The other piece that we have in BG is actually a storm water pond. So the application for usability there is really non-existent so what the goal there was is to take all of this core area, so some of the PUD's that you looked at tonight, what we did is made them the underlying zoning district consistent within those PUD's. Now we left the PUD on there because in some circumstances we've limited the types of uses that go in there but the flexibility that we provide is to allow for greater intensity. For example if you were to look at the Target parking lot, there is some space in that parking lot, maybe on, just in the drive that comes in opposite of where the Taco Bell and that, there is an opportunity, as there is on the front of the Byerly's property, opportunities for some other free standing, and both of those parcels would be interested in doing it when the market becomes available so providing that intensity creates that more opportunities in downtown. Again that's whether we want to, where we've already made the investment for infrastructure to capitalize on that. So the ones that you changed earlier today, besides the Target area and Market Square would be also the West One property, which you just recently changed the zoning so those all have the underlying zoning district. Now again the West One, that PUD does allow what's going on there is some light manufacturing but the PUD limits how that can be used so it's, it fits very well in the rest of the neighborhood. Mayor Furlong: Ms. Aanenson if I could interrupt. On this picture that we're looking at right here. The Central Business District is generally zoning that way. There are no PUD's there? That's just an ordinance level of zoning? Kate Aanenson: Correct. Mayor Furlong: Okay. Kate Aanenson: Yeah, so the current Central Business District that's not the light, that's the dark red. That would be currently where the Dinner Theater and all that is so, yeah. Mayor Furlong: Right. And the PUD areas at least south of West 78ie, or they're PUD's and have some specific rights associated with them for a PUD. The underlying zoning there now has been changed also to the Central Business District. Kate Aanenson: That is stated very correctly. Yep, good way to put it. And the thing that we did also change in there, we have made some ordinance amendments so by doing this now we're going back and working with the City Attorney's office. Kind of saying what do we do to make sure that they're consistent. We have a number of these we're meeting throughout the community. We share with the Planning Commission. The ones that we have, we have about 13 of them so for example we allow LED lights so these were locked in that they wouldn't allow the Chanhassen City Council — February 8, 2010 PUD lights so by changing that we're saying anything that we change underneath that zoning district, it's consistent with the Central Business District and that was where it made on parking standards. For example we now let electronic messages, message centers which these PUD's wouldn't allow. We want them also to be able to enjoy those opportunities. So you can see the one pond there, that is also guided General Business. That pond, I can't point to it but it's right below the, right coming off of Highway 5 and Market Boulevard. That pond. So by taking that out of General Business we're recommending an Agricultural District because that also takes it out of the opportunity and that kind of shows up when you have that BG. It will take out of when we look at how much land area do we have in that zoning district. It's not usable so we don't want to calculate it as potential developable. Also I think sometimes when people are looking at available property they see that and interestingly enough we have had requests sometimes to try to fill those ponds because... Unfortunately we can't always relocate our storm water ponds to handle that, manage that capacity but the City Manager can attest that we have had requests to that fact. So really what we're looking at the specific changes to the PUD then to be consistent, I mean the General Business. We're eliminating that as a zoning district so we'll just have the Business Highway, again which is important. That's more the auto related. Central Business District and then we created the new Community Commercial so that will be going away so again just clarifying how those work out. At the Planning Commission meeting, when they met, the significant property owners were at that meeting and did speak in favor of the rezoning. That they had met with us. We did have a year ago, last fall. Last summer, excuse me. Last summer we did meet with all the property owners. Business community. We had an open house at the library and then we contacted them again before this meeting and they came and testified that they were in support of this. So again the intent of the General Business was for downtown. It was kind of, it really wasn't applied very well so I think taking that away and allowing for more intensity in the downtown development, and more flexibility in types of uses is a great opportunity to capitalize on our downtown. And than again as I said the Central Business District is the most robust. It does allow for residential too. We don't see that opportunity based on the values that are downtown. If somebody wanted to do that on the second floor, we do allow that. That may be something in the kind of, if you look over maybe on the Dinner Theater site as a potential for something like that. That that does allow a residential in there but I think some of the other ones, the Planning Commission had some of those questions would that happen. I don't see that on a large scale. I think there's enough value in there so with that, this is just a quick comparison of the two just to see. And included in your packet we did a more detail so what it really allows for is there's no green requirement. You can maximize the hard cover and that really gives you the most opportunity to maximize that property. In looking at some of the shared parking, we talked to the Planning Commission about this too at the Target, even at the Byerly's center they did put the Bachman's out this summer so they're kind of testing that market too and trying to again capitalize on the trade that's already going there and just kind of take it into the next and finding a use that would fit in there and do those shared parking and making that work, because that was their concern. Do we have enough parking? Well obviously both those uses have peak times which typically are around the holidays but we certainly believe depending on the mix of uses that we would look at that, that there's an opportunity to share parking. So again and we're going to take those ponds and make them agricultural as I stated there's no sense in including them as available land when people are looking so we'll go back and make those agricultural because they're really unbuildable so. 61 Chanhassen City Council —February 8, 2010 With that we're recommending. It's a lengthy motion but there's actually three different. Three different motions. Mayor Furlong: Oh absolutely. We'll probably consider the recommended motion as our motion. Kate Aanenson: I just want to say our residents really had positive feedback. The business community had really positive feedback from it too so we hope when we, with the uptick in the economy that we'll see some activity in the downtown. Mayor Furlong: Very good. Questions for staff. Councilwoman Ernst. Councilwoman Ernst: Just a quick question Kate. When we talk about the businesses that exist today and we're talking about rezoning, are they, can they, did I hear you say that they could go back and make some modifications? Kate Aanenson: You brought up a point that I should have emphasized. One of the concerns at the Planning Commission, were we making anybody non -conforming? No. Nobody's going to be non -conforming. That was one concern and that goes back to even to West One where they're doing some light manufacturing in that PUD. There's specific language on how that was to be worked and so that still is consistent but it does allow them because they don't have to maintain a green space if that, they can develop more intensely. The area behind Target where there's trees, the City owns those trees around that but I think other than that there's opportunities then to further intensify on development. If that. Councilwoman Ernst: Yes. Thank you. Kate Aanenson: Okay. Mayor Furlong: Other questions right now? Mr. McDonald. Councilman McDonald: As you've gone through this plan and handed it out and you know kind of reviewed it, you mentioned that the landowners have commented on it. Has anything been done as far as, I mean the Central Business District has been a big deal with the Chamber as to where it's going to be located and we've gone back and forth. Have you gotten a lot of input from them as to what the impact of this could be as far as economic development within Chanhassen? Kate Aanenson: You know the feedback that we got from the neighbors, when we had the downtown meeting is, and certainly the City Engineer is aware of this. It's just some of the turning movements coming out of some of the businesses. For example I think you're aware when you come out of Market Street Station, some of those tum movements are difficult which is really important that we're bringing with the park and ride to bring that through. And there's an opportunity to strengthen that. That whole area there and continue that core. I think we've worked really hard to connect on the south side. You can go between even the Market Square. Getting off of, going over to Target so we're working really hard to connect all those and we did GSRa • Chanhassen City Council — February 8, 2010 the same thing on the north side with Byerly's. That you don't have to get back on West 78th to connect all those and that's something we want to continue and that's I think what they see too is an opportunity to make it easy to move between the different uses. I think when we look at the Community Commercial, as you're aware, when we talked about that, if going across now kitty comer to Powers, that we have to look at what those uses are and how the traffic can be managed at that intersection too because that was another concern coming out onto Powers there. Depending what that use is. When we talked about maybe a mini, what it was a lumber kind of place or even a large sporting goods, can the traffic meet that so we'd have to, that was one of the questions that you said if something comes in they need to demonstrate that that fits. But the goal again is to get more trips downtown and kind of create more energy there. Does that answer your question? Councilman McDonald: Well yeah and I guess, I don't know kind of what I'm looking for, I mean I've been to a couple meetings and this has all been discussed as to what we're going to do in the Central Business District and there's been a lot of talk about well we're kind of limited and right now the way it's set up, you can't put a lot of new businesses in and one of the things that we've been talking about is to be able to do, you know the intensifying and as I understand that's what these ordinances do and I'm just wondering are you getting any kind of positive feedback or support that yeah, this is the kind of stuff we need to do? Kate Aanenson: Yes we are. Yes we are. IRET is very excited about the opportunity to do some additional development there. Certainly we've talked about with the Dinner Theater site there's additional redevelopment opportunities there, and as we talked about earlier in the work session kind of looking at these ordinances certainly we'll be visiting the Central Business District and making sure that you know, that anything in there, the uses that we may want to encourage or just kind of revisit that so we'll be looking at those too. But there is opportunities even in that Community Commercial piece that some of those buildings are vacant and we're talking to people right now and those buildings are looking for some opportunities there but again it's to get those trips downtown. That's the goal that we can all benefit from those and spin off each other. Certainly even at the Market Street station site where we've got the Jimmy John's, the Kraus Anderson building, certainly they'd like to see some more traffic down there too and I think that will come too with the redevelopment of the Dinner Theater. Or the park and ride, excuse me. Mayor Furlong: Ms. Hokkanen if you wanted. Laurie Hokkanen: We talked about these changes at our last local business council meeting and Vemelle Clayton is the current chair of the Business Council and she talked to both Todd and Kate and between the two of us kind of gave an update and the Council is very positive that we're taking this step. Councilman McDonald: Okay. Mayor Furlong: Other questions? We talk about intensification from impervious surface area. Is the existing stormwater management system, maybe this is a question for the engineer. If the current. r9%] Chanhassen City Council —February 8, 2010 Councilwoman Tjomhom: He's exhausted. Mayor Furlong: You were off camera so nobody saw you ... Maybe now they know. The current stormwater management system in the downtown area is going to be sufficient to handle this intensification. If it does occur from a hard surface coverage, and perhaps there may not be any intensification if you're converting a parking lot to a building. Paul Oehme: Right, exactly. For example the new parking ramp that's going in there, that's very little new impervious is going in there because it's all already paved so. Mayor Furlong: Right. Paul Oehme: There is, in some areas that we're going to be looking at for stormwater management and maybe a little intensification or some other improvements but overall I think it's an okay system that we have down there. We need to look at you know other opportunities to at least slow down the water in this area but I think when developments come in, we can look at it on a case by case basis. Mayor Furlong: Okay, very good. Kate Aanenson: I think as, to kind of go off, I think a lot of, some of those are already hard cover. Existing parking lots that are not being over used and I think we're looking at that shared parking sort of situation which we've done over on the PUD that's actually Villages on the Pond which seems to work pretty well for some of that peak on St. Hubert's. Sharing that parking off peak so. Mayor Furlong: Okay. Alright, any other questions? Thoughts and comments. Councilwoman Tjomhom. Councilwoman Tjornhom: You know this has been kind of in the works for quite a while. I think we talked about it and thoroughly done our due diligence in making sure that we're doing the right thing and I feel confident that we are. Mayor Furlong: Very good. Anything else? I'm sorry... Councilman McDonald: Well I was just going to say. I guess the thing I'm glad to hear is that you know there has been involvement. One of the things that I would be very hesitant about supporting this if this were being driven solely by the city staff and that's why I was asking the questions because I want to make sure that you know business has an opportunity to say something about this because it's going to directly impact them and I think you know some of the things it takes to run a business, you know the City doesn't always understand all these things so that's why I'm glad to hear that you're getting good feedback because I feel much more confident that the things we're doing are going to work because you know we're all kind of behind this. Chanhassen City Council —February 8, 2010 Mayor Furlong: Yeah, thank you. I want to thank staff too for the time and effort that they've done, not only working with the chamber but with the other businesses and business owners as well. I mean this is, to Councilwoman Tjomhom's point. This has been an evolving process and as another outgrowth of the work, a lot of the good work that they did earlier with the comprehensive plan and looking at supporting the downtown and improving the local economy and so I think that this is just, it is an evolution. It's another step in the right direction but I think it's a positive one in terms of strengthening our local economy so thank you to everyone involved and for your good work and working with the local businesses. Kate Aanenson: Before you make a motion I just want to point out again so there's probably 13. You're seeing, we did the commercial ones first because that's kind of where we've emphasized with the comp plan and tied into the fact that we created those two new zoning districts but we will be working with the rest of the properties that have PUD's. We do have a meeting set up with Eckankar and their attorneys and, so they're kind of excited to hear what we're doing and work through that. And then we'll be taking some of the other businesses or the other PUD's. Some of them are industrial parks and again being, so it's an opportunity for us to meet with them and see what issues they may have and then also we'll be bringing those back to you. Mayor Furlong: Great. Very good. We'll look forward to it. Somebody like to read the motion or just recommend the proposed motion? Councilwoman Tjomhom. Councilwoman Tjomhom: Yes, I'd like to make a motion the council approves the current recommendation. Councilwoman Ernst: Second. Mayor Furlong: Very well put. And that second came in pretty quick too so. Made and seconded. Any discussion on the motion? Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the City Council approves the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West Village Heights 2°d Addition and Lots 1, 2 and 3, Block 1, West Village Heights 3'd Addition; rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A, Crossroads Plaza Addition; and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park; and adopts the Planning Commission's Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Councilwoman Ernst: I'd just like to make. Mayor Furlong: Councilwoman Ernst. 65 CITY OF 7700 Market Boulevard PO Boz 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227 1180 Fax: 952.227.1190 Engineering Phone: 952,227 1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Pads 8 Betxeation Phone 952.227 1120 Fax: 952.227 1110 Remation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952 227.1404 Planning 8 Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Pulsk Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 seldsr Center Phone: 952.227.1125 Fax 952.227.1110 web site www.d.chanhassen.nnn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: February 8, 2010 6W, SUBJ: Downtown Rezonings — Planning Case 10-02 PROPOSED MOTION "The Chanhassen City Council approves the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West Village Heights 2"d Addition and Lots 1, 2 and 3, Block 1, West Village Heights 3'1 Addition; rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A. Crossroads Plaza Addition; and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park; and adopts the Planning Commission's Findings of Fact." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY The City is proposing the rezoning of those properties along West 78°i Street that are currently zoned General Business District (BG) to Central Business District (CBD). The City is also proposing the rezoning of the City -owned properties along Highway 5 and Market Boulevard zoned General Business District (BG) and Highway and Business Services District (BH), which contain stormwater ponds and wetlands, to Agricultural Estate District (A2). The intent of the rezoning is to position the commercial properties for any future redevelopment. No uses or structures shall be made nonconforming with the proposed rezoning. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on January 19, 2010. The Commission voted unanimously (6 — 0) to recommend approval of the rezoning. There were no issues or negative discussion about the rezoning. Planning Commission minutes are item la of the February 8, 2010 City Council packet. 1IT17L Staff recommends adoption of the motion as specified on page 7 in the staff report dated January 19, 2010 approving the rezonings. ATTACHMENTS 1. Ordinance Rezoning Properties. 2. Planning Commission Staff Report Dated January 19, 2010. g9planL010 planning cases110.02 rezoning of bg propertiesbxecunve smmnary.doc Chanhassen is a Community for life - Providing for Today and Planning for Tomaroe 5 SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by: Rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West Village Heights 2nd Addition and Lots 1, 2 and 3, Block 1, West Village Heights 3rd Addition; Rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A, Crossroads Plaza Addition; and Rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park. Section 2. The rezoning of these properties is subject to all conditions of City Council approval. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 8d' day of February, 2010. ATTEST: Todd Gerhard, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on February 18, 2010) gAplan\2010 planning taus\10-02 rezoning of bg proper ie \ordinance.doc CITY OF CHANHASSEN PC DATE: January 19, 2010 CC DATE: February 8, 2010 REVIEW DEADLINE: NA CASE #: 10-02 BY: RG ❑2 PROPOSED MOTION: The Chanhassen Planning Ceffiraissien reseffwaands fliat City Council approves the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West Village Heights 2°d Addition and Lots 1, 2 and 3, Block 1, West Village Heights 3'd Addition; rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A, Crossroads Plaza Addition; and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park. SUMMARY OF REQUEST: The City is proposing the rezoning of the properties from General Business District (BG) to Central Business District (CBD) and General Business District (BG) to Agricultural Estate District (A2) and Highway and Business Services District (BH) to Agricultural Estate District (A2). LOCATION: The north side of West 78d' Street between Kerber Boulevard and Powers Boulevard (West Village Heights 2°d and 3'd Additions) and the northwest comer of Highway 5 and Market Boulevard (Outlot A, Crossroads Plaza Addition) and the northeast comer of Highway 5 and Market Boulevard (Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park). APPLICANT: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 PRESENT ZONING: General Business District (BG) and Highway and Business Services District (BH) 2030 LAND USE PLAN: Commercial and Parks and Open Space DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings because the City is acting in its legislative or policy making capacity. A rezoning must be consistent with the City's Comprehensive Plan. PROPOSAL/SUMMARY The City is proposing the rezoning of those properties along West 78d' Street that are currently zoned General Business District (BG) to Central Business District (CBD). The City is also proposing the rezoning of the City -owned properties along Highway 5 and Market Boulevard zoned General Business District (BG) and Highway and Business Services District (BH), which contain stormwater ponds and wetlands, to Agricultural Estate District (A2). Downtown Rezonings — Planning Case 10-02 January 19, 2010 Page 2of7 % I Mrdy Proposed Rezoning to Central Business District (CBD) Proposed Rezoning to Agricultural Estate District (A2) Current Zoning S1e�eHwvS^tl = Highway & Business Services District (BH) ru,nene� General Business District (BG) x The intent of the "CBD" District is to provide for downtown business development supporting a strong central business district while enhancing the overall character of the community in conformance with downtown redevelopment plan, goals and objectives. The CBD district has more flexibility on setbacks, site coverage and building height. It is also a more permissive district, relative to use of the property, including permitting residential development. However, it would eliminate auto services type uses as a use in the area. The City permits auto services in the BH district and the Industrial Office Park District (IOP). In the attached CBD BG Merger Comparison table all the various uses are shown for the two districts. The Agricultural Estate District (A2) permits open space which the ponds and wetlands represent. It will also make the zoning of the property consistent with the Park and Open Space )and use designation. Downtown Rezonings — Planning Case 10-02 January 19, 2010 Page 3 of 7 City staff has reviewed public infrastructure available to these properties and determined that even with intensification of development, there is adequate capacity to handle increases in the uses of these parcels. Staff is recommending approval of the proposed rezoning. APPLICABLE REGUATIONS Chapter 20, Article II, Division 2, Amendments Chapter 20, Article X, "A2" Agricultural Estate District Chapter 20, Article XVII, `BH" Highway and Businesses Services District Chapter 20, Article XVIII, "CBD" Central Business District Chapter 20, Article XM "BG" General Business District BACKGROUND On June 23, 2009, City staff held a downtown business meeting with downtown Chanhassen property owners to discuss potential changes being proposed for commercial development in the City, as well as specific proposals being contemplated in the downtown area. Since that meeting, the City has adopted a zoning ordinance amendment that would permit the expansion of the downtown area to the southwest to permit community commercial -type uses. A second element of the changes would be the potential rezoning of four properties from General Business District, BG, to Central Business District, CBD. This rezoning would includes the West Village Heights Development. A third element that the City is proposing are amendments to the downtown area Planned Unit Developments to make them consistent with the CBD intent and purpose. Downtown Rezonings — Planning Case 10-02 January 19, 2010 Page 4 of 7 On November 10, 2008, the Chanhassen City Council adopted the 2030 Comprehensive Plan. The adoption of the Comprehensive Plan required the City to create zoning districts that may be used to implement the plan. The result is the creation of the Community Commercial (CC), and Regional/Lifestyle Center (RC) standards within the Planned Unit Development regulations. The City, in conjunction with the Chanhassen Chamber of Commerce, commissioned a "Chanhassen Retail, Office and Residential Market Analysis and Development Potential", Prepared by McComb Group, Ltd., June 2006. The conclusions of that study are as follows: Chanhassen can support additional retail opportunities. There is insufficient land available for commercial development: The downtown area would need an additional 12 f acres to adequately accommodate the additional 112,000 square feet of supportable square footage. The potential lifestyle site at TH 212 and Powers Boulevard has the potential to support 88 acres in 2010, increasing to 113 acres in 2025. Chanhassen has five retail areas which offer a variety of goods and services: • Downtown is the area generally located north of TH 5, east of Powers Boulevard and west of Great Plains Boulevard. • South Downtown is a developing retail area located along TH 5 south of Downtown Chanhassen. TH 5 and Century is a smaller retail area in Chanhassen. This area is also situated along TH 5, between Century Boulevard and TH 41 (Hazeltine Boulevard) about 2.5 miles west of downtown. TH 5 and Galpin, two miles west of Downtown Chanhassen, presently has only a Kwik Trip gas/convenience store and CVS Pharmacy in the northeast quadrant of the intersection. The northwest quadrant has 15 acres that is undeveloped. This area may attract future commercial development. 3M -d a Downtown Rezonings — Planning Case 10-02 January 19, 2010 Page 5 of 7 businesses. The Chanhassen businesses are located in the southwest quadrant of the intersection. The Shorewood businesses are part of a neighborhood strip center anchored by Cub Foods. Clearly, Downtown Chanhassen is the dominant retail and service center for the community, with 61 percent of the community's retail stores and 50 percent of the area's services. Much of the downtown area is newer construction (10 years old or less). Future growth in downtown will be limited. The area is almost fully developed and lacks additional developable sites. The other retail nodes are for the most part fairly recent developments. These areas have developed more recently after Downtown Chanhassen was almost fully developed. These smaller areas have limited capacity to absorb additional commercial demand. Retail Development Potential Downtown Chanhassen and South Downtown combined have an estimated 700,000 square feet of retail, food service, and service space. Supportable space is also estimated at about 700,000 square feet in 2005 increasing to 812,000 square feet in 2010, an increase of 112,000 square feet. Downtown currently, according to city records, has one vacant parcel about one acre in size that has fair access and visibility. South Downtown has four vacant parcels ranging in size from 1.3 acres to 2.7 acres for a total of about 7.3 acres. This indicates that Downtown and South Downtown do not have enough space to accommodate future retail demand. Utilizing traditional commercial development concepts, the downtown area would need an additional 12 f acres to adequately accommodate the additional 112,000 square feet of supportable square footage anticipated by 2010. Projections of development potential in downtown are somewhat academic since downtown does not have developable land either north or south of TH 5 to accommodate this magnitude of growth. Downtown can continue to fill in with retail, food service and services as trade area population increases. The downtown area has a good representation of convenience goods stores and general merchandise (Target). To significantly expand retail stores comparable to trade area development potential would require the addition of more big -box stores to drive customer visits. Land Demand Downtown Chanhassen and its trade area have sales potential to support an additional 12 acres of retail development by 2010, increasing to 49 acres in 2025. Downtown, however, is almost completely developed and has only about seven acres available for development. A significant increase in retail space would require two to four big -box retailers to attract additional customers. REZONING The proposed rezonings assist in the furtherance of the following goals and policies of the City of Chanhassen 2030 Comprehensive Plan: 1. Goal. Achieve a mixture of development which will assure a high quality of life and a reliable tax base. Downtown Rezonings — Planning Case 10-02 January 19, 2010 Page 6of7 Policies: Develop and maintain the City's land use plan so it is utilized as a fundamental tool for directing the community's growth. Recognizing some uses pay their way in terms of the property taxes they generate and some uses do not. Chanhassen will strive for a mixture of development which will assure its financial well being. Development will be encouraged within the MUSA line and at the same time Chanhassen will plan the reasonable and orderly expansion of the MUSA line to meet its need for additional developable land. Chanhassen will continue to encourage the location of commercial uses in the central business district. Commercial development outside the central business district and its fringe should complement the Central Business District. The City will maintain a comprehensive and up-to-date set of ordinances to ensure that development is consistent with the plan while resulting in high quality, sensitively designed projects. Ordinances should be reviewed and modified as necessary to improve performance standards for new development to ensure that they incorporate high quality design, landscape, etc. The PUD Ordinance should also be reviewed for similar reasons. The City has maintained a long-standing policy of directing commercial development into the Central Business District. Chanhassen historically has and maintains an active business community. The City will be revising the commercial land use and zoning districts to provide for additional commercial adjacent to the downtown and for a regional mall/lifestyle center. 2.7.1 Central Business District Definition4lision: A business, commercial, office and residential district that provides a comprehensive range of services at higher development densities and with greater variety of uses in a compact, walkable environment. The Central Business District has the greatest concentration of jobs, services, housing and civic uses found in the City. Generally, the City's highest density development is found in the Central Business District area. Other development -supportive infrastructures such as parking garages are more likely to be found downtown than in other land use districts. A combination of convenience commercial, civic uses and attractive walking paths promote interaction and multiple trips among shoppers, visitors and residents. New development in this district is encouraged to complement the mix and contribute to activity over an extended day, and provide attractive, comfortable walking environments between varied uses. Downtown Rezonings — Planning Case 10-02 January 19, 2010 Page 7 of 7 Goods and Services Examples • Residential • Office • Entertainment (Restaurants, Theaters, Music Venues) • Retail, Grocery, Household Goods and Services • Fitness Activities • Hotels • Health Services (Clinics) The following are a comparison of the building parameters for the two zoning districts: RECOMMENDATION Staff and the Planning Commission recommends -that the Planning Conmilission City Council adopt the following motion and adoption of the attached findings of fact . "The Chanhassen ity Council approves the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West Village Heights 2°a Addition and Lots 1, 2 and 3, Block 1, West Village Heights 3`d Addition; rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A, Crossroads Plaza Addition; and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park." ATTACHMENTS 1. CBD BG Merger Comparison. 2. Findings of Fact and Recommendation. 3. Public Hearing Notice and Affidavit of Mailing. gAplan\2010 planning cases\10-02 rezoning of bg properties\smff report rezoning bg propAm CBD BG Lot Size (sq. ft.) 10,000 20,000 Frontage (ft.) 100 100 Depth (ft.) 100 150 Coverage % NA 70 Setbacks: Front 0 25 Rear 01 25 Side 0 10 Building Height: Principal # stories NA NA Principal feet NA NA Accessory # stories NA NA Accessory feet NA NA RECOMMENDATION Staff and the Planning Commission recommends -that the Planning Conmilission City Council adopt the following motion and adoption of the attached findings of fact . "The Chanhassen ity Council approves the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West Village Heights 2°a Addition and Lots 1, 2 and 3, Block 1, West Village Heights 3`d Addition; rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A, Crossroads Plaza Addition; and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park." ATTACHMENTS 1. CBD BG Merger Comparison. 2. Findings of Fact and Recommendation. 3. Public Hearing Notice and Affidavit of Mailing. gAplan\2010 planning cases\10-02 rezoning of bg properties\smff report rezoning bg propAm CBD and BG Merger Comparison CLASSIFICATIONS CBD BG Animal Hospital P Antennas A A Apparel Sales P P Auto Rental Facilities ***Auto Services*** (execpt repair) C ***Automotive Dealers*** C ***Automotive Repair/Body Shops:'':::: C Automobile Sales C Bars and Taverns P P Body Shop C Boat Sales C Bowling Center P P Building Supply Center P Churches I 1 Clubs and Lodges/ Golf Club P Community Center P P Convenience Store with gas pumps C C Convenience Store without gas P P Convention and Conference Facility P ***Cultural Facility*** P Day Care Center P P Department Store P Dry Cleaning P P Entertainment P P Equipment Rental C Farmers Market I ***Financial Institution/Banks*** P P Funeral Home P Garden Center P Hardware Goods P Health and Recreation Club P P Health Care Facility P P ***Health Services*** P P Home Furnishings P Home Improvement Trade P ***Hotel/Motel*** P Laundry Pick-up Station P P Liquor Store P Major Auto Repair & Body Shops C Miniture Golf P G:\PLAN\2010 Planning Cases\10-02 Rezoning of BG Properties\BG CBD comparison.xls CLASSIFICATIONS CBD BG Motel P Motor Fuel Station C Multi -family Dwelling P ***Offices*** P P Outdoor Storage C Parking Lot (Structure) \ \ Parking Ramps (Structure) \ ***Personal Services*** P 1' Print Shops P P Private Clubs and Lodges P Professional Office P P Prof., Business & Admin, Office P P Newspaper Offices P P Recreational Vehicle Sales C Small Appliance Repair Services P Retail Sales P P Retail Shops P P Restaurant, Fast Food P/C P Restaurant, Standard P P Schools P Self-service Laundry P P Senior Housing P P Shoe Repair P P Shopping Center P Signs A A ***Specialty Retail*** P P Sporting Goods saletrental P P Supermarket P P Temporary Outdoor Display A A Temporary Outdoor Sale A A Truck Sales C Utility Services \ A ***Veterinary Clinic*** P G:\PLAN\2010 Planning Cases\10-02 Rezoning of BG Properties\BG CBD comparison.xls CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION PLANNING CASE #10-02 IN RE: Application of the City of Chanhassen for the Rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on the north side of West 78th Street between Kerber Boulevard and Powers Boulevard (West Village Heights 2°d and Yd Additions); rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located at the northwest comer of Highway 5 and Market Boulevard (Outlot A, Crossroads Plaza Addition); and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located at the northeast corner of Highway 5 and Market Boulevard (Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park). On January 19, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for rezoning property from General Business District (BG) to Central Business District (CBD) and General Business District (BG) to Agricultural Estate District (A2) and Highway and Business Services District (BH) to Agricultural Estate District (A2). The Planning Commission conducted a public hearing on the proposed rezonings which 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 properties are currently zoned General Business District (BG) and Highway & Business Services District (BH). 2. The properties are guided in the Land Use Plan for Commercial and Parks and Open Space. 3. The legal descriptions of the properties are: • Lot 4, Block 1, West Village Heights 2°d Addition and Lots 1, 2 and 3, Block 1, West Village Heights Yd Addition • Outlot A, Crossroads Plaza Addition • Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed zoning has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed zoning is or will be compatible with the present and future land uses of the area. c) The proposed zoning conforms with all performance standards contained in the Zoning Ordinance. d) The proposed zoning will not tend to or actually depreciate the area in which it is proposed. e) The proposed zoning can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use within the zoning district is within capabilities of streets serving the property. 5. The planning report #10-02 dated January 19, 2010, prepared by Robert Generous is incorporated herein. The Planning Commission recommends that the City Council approve the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on the north side of West 7e Street between Kerber Boulevard and Powers Boulevard (West Village Heights 2°d and 31d Additions); rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located at the northwest comer of Highway 5 and Market Boulevard (Outlot A, Crossroads Plaza Addition); and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located at the northeast corner of Highway 5 and Market Boulevard (Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park). ADOPTED by the Chanhassen Planning Commission this 19`h day of January, 2010. CHANHASSEN PLANNING COMMISSION M Its Chairman 2 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on December 31, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Downtown Rezonings — Planning Case 10-02 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and swom to before me this day of , 2010. Notary Pt lic Kar6n J. En el ardt, I] uty Clerk `"'--'"r� KIM T. MEUWISSEN = Notary Public -Minnesota �-._-,,. �� My Qpnmisslon Ezgres Jan 31, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 19, 2010 at 7:00 p.m. This hearing may not start until later in the evening,depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Hall Council Chambers, 7700 Market Blvd. Requests for Rezoning from General Business District (BG) to Requests for Rezoning from General Business District (BG) to Central Business District (CBD); Rezoning from General Proposal: Business District (BG) to Agricultural Estate District (A2); and Business District (BG) to Agricultural Estate District (A2); and Rezoning from Highway & Business Services District (BH) to Rezoning from Highway & Business Services District (BH) to A ricultural Estate District A2 Applicant: Citv of Chanhassen Property Downtown Chanhassen Location: A location map is on the reverse side of this notice. A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses 4. Public hearing is closed and the Commission discusses the project. the project. If you want to see the plans before the meeting, please visit If you want to see the plans before the meeting, please visit the City's projects web page at: the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/10-02.html. If you wish to www.ci.chanhassen.mn-us/serv/plan/l 0-02.html. If you wish to talk to someone about this project, please contact Robert talk to someone about this project, please contact Robert Generous by email at boenerous@ci.chanhassen.mn.us or by Questions & phone at 952-227-1131. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available Commission. The staff report for this item will be available online on the project web site listed above the Thursday online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any Interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciavindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council, If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 19, 2010 at 7:00 p.m. This hearing may not start until later in the evening,depending on the order of thea enda. Location: City Hall Council Chambers, 7700 Market Blvd. Requests for Rezoning from General Business District (BG) to Central Business District (CBD); Rezoning from General Proposal: Business District (BG) to Agricultural Estate District (A2); and Rezoning from Highway & Business Services District (BH) to Agricultural Estate District A2 Applicant: City of Chanhassen Property Downtown Chanhassen Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn-us/serv/plan/l 0-02.html. If you wish to talk to someone about this project, please contact Robert Generous by email at boenerous@ci.chanhassen.mn.us or by Questions & phone at 952-227-1131. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial4ndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council, If you wish to have something to be included in the report, lease contact the Planning Stab person named on the notification. 79TH STREET CENTER AARON C LORENZEN AARON V GUSPIEL PARTNERSHIP MN 55317-8719 955 SANTA VERA DR 4549 137TH ST W CHANHASSEN, MN 80 78TH ST W #CHANHASSEN, MN 55317-9674 ST PAUL, MN 55124-8671 ABE M ASFOOR ALAN D FARKAS ALEX TSEGAI 13441 94TH AVE N 7687 NICHOLAS WAY 740 WEST VILLAGE RD #101 MAPLE GROVE, MN 55369-9339 CHANHASSEN, MN 55317-7543 CHANHASSEN, MN 55317-7533 ALLAN H SOLHEIM AMBER JAMES ANN M QUACKENBUSH 7637 NICHOLAS WAY 925 SANTA VERA DR 920 KELLY CT CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-9368 CHANHASSEN, MN 55317-8714 ANNA K SIINO ARLENE VERBRAKEN ARTHUR R ROSS 740 WEST VILLAGE RD 4102 740 WEST VILLAGE RD #105 819 FOXSPRINGS DR #F CHANHASSEN, MN 55317-7533 CHANHASSEN, MN 55317-7533 CHESTERFIELD, MO 63017-1768 B 4 D LLC BAM PROPERTY HOLDINGS LLC BETH A BENZIE 555 3RD AVE NW 440 79TH ST W 938 KELLY CT HUTCHINSON, MN 55350-1673 CHANHASSEN, MN 55317-9530 CHANHASSEN, MN 55317-8714 BILL Y ZHOU BLAKE R ANGLETON BLOOMBERG COMPANIES INC 937 SANTA VERA DR 4574 DENBIGH RD PO BOX 730 CHANHASSEN, MN 55317-9368 MOUND, MN 55364-1906 CHANHASSEN, MN 55317-0730 BRENNA E NOLAND BRIDGET MCMAHON BRINDA L TERZICH 7609 NICHOLAS WAY 917 SANTA VERA DR 7621 NICHOLAS WAY CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-9368 CHANHASSEN, MN 55317-7545 BRUCE A AMUNDSON CARL A LIDSTROM CARL A MIKLAS 7643 NICHOLAS WAY 730 WEST VILLAGE RD #108 215 JASPERS CIR S CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-7532 CHASKA, MN 55318-3210 CAROL MADISON CARRIE A ROLLINS CARVER COUNTY 7699 NICHOLAS WAY 7629 NICHOLAS WAY 600 4TH ST E CHANHASSEN, MN 55317-7543 CHANHASSEN, MN 55317-7545 CHASKA, MN 55318-2102 CHAD PACYGO CHANHASSEN INN CHANHASSEN LETSOS LLC 7619 NICHOLAS WAY 531 79TH ST W PO BOX 901 CHANHASSEN, MN 55317-7545 PO BOX 473 DEERFIELD, IL 60015-0901 CHANHASSEN, MN 55317-0473 CHARLES A & MARTHA V WALKER CHCR LLC CHERYL L STOCK 7723 NICHOLAS WAY PO BOX 1038 981 SANTA VERA DR CHANHASSEN, MN 55317-7544 MASON CITY, IA 50402-1038 CHANHASSEN, MN 55317-9674 CHERYL ROUEN CHERYL SHILMAN CHRIS E & CAROLYN J HOOKER 971 SANTA VERA DR 760 WEST VILLAGE RD #103 6119 294TH STREET CT CHANHASSEN, MN 55317-9674 CHANHASSEN, MN 55317-7535 CANNON FALLS, MN 55009-9233 CHRISTINA M LARKIN CHRISTOPHER L CONWAY CLAUDIA J HALFMANN 942 KIMBERLY LN 525 HARBOR CT 904 KELLY CT CHANHASSEN, MN 55317-9779 SHOREVIEW, MN 55126-1936 CHANHASSEN, MN 55317-8714 CLINTON I MILLER CNL FUNDING 2000-A CONNIE LEE SCHIBILLA 7663 NICHOLAS WAY PO BOX 1671 960 KIMBERLY LN CHANHASSEN, MN 55317-7546 ORLANDO, FL 32802-1671 CHANHASSEN, MN 55317-9779 CRAIG M MOENCH CYNTHIA L EH LEN DANA L THORNBY 7671 NICHOLAS WAY 7607 NICHOLAS WAY 1980 7TH ST W CHANHASSEN, MN 55317-7546 CHANHASSEN, MN 55317-7545 ST PAUL, MN 55116-3248 DANIEL S & TRINIDAD B SANCHEZ DARLA K MONSON DARLENE M WEISGRAM 315 S AVENUE B 7689 NICHOLAS WAY 923 SANTA VERA DR CRYSTAL CITY, TX 78839-4101 CHANHASSEN, MN 55317-7543 CHANHASSEN, MN 55317-9368 DAVID & COLLEEN SISK DAVID A KAYS DAVID W DILLINGER 979 SANTA VERA DR 7631 NICHOLAS WAY 911 SANTA VERA DR CHANHASSEN, MN 55317-9674 CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-9368 DBAPPLEF LLC DEAN R JOHNSON CONSTR INC DENISE E PEPPE 11201 RENNER BLVD 4700 COUNTY ROAD 19 730 WEST VILLAGE RD #104 LENEXA, KS 66219-9605 LORETTO, MN 55357-8726 CHANHASSEN, MN 55317-7532 DONALD E HALLA DONALD R RYE DOUGLAS M HANSEN PO BOX 260888 957 SANTA VERA DR 11969 NORTH SHORE DR PLANO, TX 75026-0888 CHANHASSEN, MN 55317-9674 SPICER, MN 56288-9575 DOUGLAS PFANSTIEL DUSTIN HAAG ECKANKAR 4826 NAILS CREEK RD 7711 NICHOLAS WAY PO BOX 27300 ROCKFORD, TN 37853-3704 CHANHASSEN, MN 55317-7542 GOLDEN VALLEY, MN 55427-0300 EDWARD J & CATHY M ELLIOTT W KLINGENSMITH EMRAH ORUC COPPERSMITH 912 KELLY CT 2090 W ELLENS ST CHANHASSEN, MN 55317-7542 NICHOLAS WAY CHANHASSEN, MN 55317-8714 CHASKA, MN 55318-3245 CHA FIRST FRANKLIN FINANCIAL CORP GARTH R & JILL K PETERSON GARY E UECKE 150 ALLEGHENY CTR 2946 13TH TER NW 915 KIMBERLY LN PITTSBURGH, PA 15212-5335 ST PAUL, MN 55112-6355 CHANHASSEN, MN 55317-9779 GARY L & KATHERINE A MADSON GARY L BALES JR GIOVANNI F RIVA 7639 NICHOLAS WAY 7651 NICHOLAS WAY 7625 NICHOLAS WAY CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-7546 CHANHASSEN, MN 55317-7545 GREGORY G DATTILO II GREGORY VANNATTA GRETCHEN BAZEK 700 WEST VILLAGE RD 4106 PO BOX 4624 2104 VIENNA LN CHANHASSEN, MN 55317-7524 ST PAUL, MN 55104-4624 EAGAN, MN 55122-2328 HEATHER P THOMPSON HERBERT I & BEVERLY G ALLEN HOLIDAY STATION STORES INC 1355 VOLTURNO WAY 7661 NICHOLAS WAY PO BOX 1224 HENDERSON, NV 89052-4075 CHANHASSEN, MN 55317-7546 MINNEAPOLIS, MN 55440-1224 IND SCHOOL DIST 112 IRET PROPERTIES ISTAR MINNESOTA LLC 11 PEAVEY RD 3015 16TH ST SW #100 PO BOX 4900 CHASKA, MN 55318-2321 PO BOX 1988 SCOTTSDALE, AZ 85261-4900 MINOT, ND 58702-1988 JACQUELINE P MATZEN JAMES & SALLY THOMAS JAMES J & CAROL J HERSMAN 14663 QUEENS TRL 938 KIMBERLY LN 966 KIMBERLY LN EDEN PRAIRIE, MN 55347-2752 CHANHASSEN, MN 55317-9779 CHANHASSEN, MN 55317-9779 JAMES P COLEMAN JARED CHRISTIAN DEWOLF JASON A KNOLL 750 WEST VILLAGE RD #104 7623 NICHOLAS WAY 2600 BRYANT AVE S 4106 CHANHASSEN, MN 55317-7534 CHANHASSEN, MN 55317-7545 MINNEAPOLIS, MN 55408-1236 JASON D FLEISNER JEAN LANGFELDT JEANNA M STUMPF 730 WEST VILLAGE RD 4106 7627 NICHOLAS WAY 700 WEST VILLAGE RD #107 CHANHASSEN, MN 55317-7532 CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-7524 JEANNE H ETEM JEFFREY BUELOW JEFFREY M KREMER 935 SANTA VERA DR 933 SANTA VERA DR 7701 NICHOLAS WAY CHANHASSEN, MN 55317-9368 CHANHASSEN, MN 55317-9368 CHANHASSEN, MN 55317-7542 JENNIFER A BLOMSTER JENNIFER A STAUBLI JENNIFER C HAGEN 7617 NICHOLAS WAY 7605 NICHOLAS WAY 927 SANTA VERA DR CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-9368 JENNIFER L FREED JEREMY LEE GRAHAM JOAN MARIE FARRELL 909 KELLY CT 915 SANTA VERA DR 740 WEST VILLAGE RD #103 CHANHASSEN, MN 55317-8714 CHANHASSEN, MN 55317-9368 CHANHASSEN, MN 55317-7533 JOHN C ELHARD JOHN E & MICHELLE D LINDEN JOHN R & NANCY J GREEN 7645 NICHOLAS WAY 949 SANTA VERA DR 959 SANTA VERA DR CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-9674 CHANHASSEN, MN 55317-9674 JOHN VILLEMONTE JOSEPH A WAGNER JUDITH A GRATHWOHL 1842 COLONIAL LN #6 977 SANTA VERA DR 905 KELLY CT CHANHASSEN, MN 55317-4677 CHANHASSEN, MN 55317-9674 CHANHASSEN, MN 55317-8714 JUDITH B TRUC JULIE ANN BROWN JULIE LAUREL 10565 ESTATE DR 7659 NICHOLAS WAY 720 WEST VILLAGE RD #102 EDEN PRAIRIE, MN 55347-4862 CHANHASSEN, MN 55317-7546 CHANHASSEN, MN 55317-7531 KAREN KISER KATHLEEN M DOMAAS KATHLYN J ANLAUF 7601 NICHOLAS WAY 973 SANTA VERA DR 913 KELLY CT CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-9674 CHANHASSEN, MN 55317-8714 KAY M HANLON KELLY PEDERSON KIMBERLY J BAKER 970 KIMBERLY LN 770 WEST VILLAGE RD #103 7719 NICHOLAS WAY CHANHASSEN, MN 55317-9779 CHANHASSEN, MN 55317-7536 CHANHASSEN, MN 55317-7544 KIMBERLY M WICK KINSALE OF CHANHASSEN LLC KKCS PROPERTIES LLC 929 SANTA VERA DR PO BOX 404 354 W HURON #B CHANHASSEN, MN 55317-9368 CHANHASSEN, MN 55317-0404 CHICAGO, IL 60610-3414 KRAUS-ANDERSON INC KRISTIN K MCINTYRE LARRY A ZAMOR 4210 WEST OLD SHAKOPEE RD 7721 NICHOLAS WAY 170 BIRCH BLUFF RD BLOOMINGTON, MN 55437-2951 CHANHASSEN, MN 55317-7544 EXCELSIOR, MN 55331-8512 LAURA A KRENIK LAURA E RIENSTRA LIESA D CRAMER 7615 NICHOLAS WAY 700 WEST VILLAGE RD #105 7673 NICHOLAS WAY CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-7524 CHANHASSEN, MN 55317-7546 LINDA BENTZ LISA S FREDERICKS LONNIE L RADZOM 7713 NICHOLAS WAY 913 SANTA VERA DR 926 KELLY CT CHANHASSEN, MN 55317-7542 CHANHASSEN, MN 55317-9368 CHANHASSEN, MN 55317-8714 LORRAINE L ROBINSON LIVING CHRIST LUTHERAN CHURCH M&I MARSHALL & ILSLEY BANK 945 SANTA VERA DR PO BOX 340 770 N WATER ST CHANHASSEN, MN 55317-9674 CHANHASSEN, MN 55317-0340 MILWAUKEE, WI 53202-3509 MARCIA JEAN PALMA MARIO ECHEVERRIA-MENDEZ MARK A BROOKS 934 KELLY CT 700 WEST VILLAGE RD #108 760 WEST VILLAGE RD #101 CHANHASSEN, MN 55317-8714 CHANHASSEN, MN 55317-7524 CHANHASSEN, MN 55317-7535 MARK B FALZONE MARK E STROMBACK MARK G & CINDY PELLETIER 7633 NICHOLAS WAY 916 KELLY CT 1376 ITHILIEN CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-8714 EXCELSIOR, MN 55331-8714 MARKET SQUARE ASSOC LTD MARKET SQUARE ASSTS II LLC MARKUS & PAULA LARSEN PTRSHP 470 78TH ST W #260 730 WEST VILLAGE RD #107 EAG AN, MN 55121-1698 YANKEE DOODLE RD #200 CHANHASSEN, MN 55317-4547 CHANHASSEN, MN 55317-7532 AG MARY C MICHAELS MATTHEW D ROBERTSON MATTHEW M MUENCHOW 8785 RIDGE PONDS LN 760 WEST VILLAGE RD #102 7697 NICHOLAS WAY VICTORIA, MN 55386-9553 CHANHASSEN, MN 55317-7535 CHANHASSEN, MN 55317-7543 MICHAEL A BLAZEK MICHAEL E RAMSEY MICHAEL J & MARIE L KRAUS 760 WEST VILLAGE RD #201 6362 OXBOW BIND 942 KELLY CT CHANHASSEN, MN 55317-7587 CHANHASSEN, MN 55317-9109 CHANHASSEN, MN 55317-8714 MICHAEL T MATTOX MICHELLE D GRUNEWALD MIKE HANSEN 7641 NICHOLAS WAY 7705 NICHOLAS WAY 770 VILLAGE RD W #105 CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-7542 CHANHASSEN, MN 55317-7536 MOHAMMAD SEIFI MONICA J HANLEY MURALIDHARAN JANARDHANAN 2657 XERXES AVE N 7691 NICHOLAS WAY 7667 NICHOLAS WAY ROBBINSDALE, MN 55422-5404 CHANHASSEN, MN 55317-7543 CHANHASSEN, MN 55317-7546 MWRG LLC MYRA J LUCAS NAHAMI & JASMIN I BICELIS PO BOX 1037 700 WEST VILLAGE RD #201 730 WEST VILLAGE RD #103 MINNETONKA, MN 55345-0037 CHANHASSEN, MN 55317-7589 CHANHASSEN, MN 55317-7532 NATHAN M WAIT NEARCO IV LLC NELSON P HICKMAN IV 961 SANTA VERA DR 7002 6TH ST N 740 WEST VILLAGE RD #201 CHANHASSEN, MN 55317-9674 OAKDALE, MN 55128-6146 CHANHASSEN, MN 55317-7590 NIJAZ & JASMINA MUMINOVIC NIKKI K HAKER NORTHCOTT COMPANY 710 WEST VILLAGE RD #101 770 WEST VILLAGE RD #107 250 EAST LAKE DR CHANHASSEN, MN 55317-7530 CHANHASSEN, MN 55317-7536 CHANHASSEN, MN 55317-9364 OAK HILL HOMEOWNERS ASSN OAK PONDS HOMEOWNERS ASSN PATRICIA M NELSON-BOLLER PO BOX 812 2815 WAYZATA BLVD 939 SANTA VERA DR CHANHASSEN, MN 55317-0812 MINNEAPOLIS, MN 55405-2125 CHANHASSEN, MN 55317-9368 PATRICK WOOD PAUL DANIEL TARDENT PAUL L SYLLING 730 WEST VILLAGE RD #105 7613 NICHOLAS WAY 7693 NICHOLAS WAY CHANHASSEN, MN 55317-7532 CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-7543 PHUNG MANH KIEU REBECCA L GOEHRING RENAE M PATRICK 7649 NICHOLAS WAY 750 WEST VILLAGE RD #106 7669 NICHOLAS WAY CHANHASSEN, MN 55317-7546 CHANHASSEN, MN 55317-7534 CHANHASSEN, MN 55317-7546 RENEE L LALEMAN RICHARD L HAGLUND RICK C UEBLER JR 7675 NICHOLAS WAY PO BOX 40706 740 WEST VILLAGE RD #107 CHANHASSEN, MN 55317-7546 PORTLAND, OR 97240-0706 CHANHASSEN, MN 55317-7533 ROBERT J MCCANDLESS JR ROBERTS AUTOMATIC PRODUCTS ROBIN N MARECK 7709 NICHOLAS WAY INC 7681 NICHOLAS WAY CHANHASSEN, MN 55317-7542 880 LAKE DR CHANHASSEN, MN 55317-7546 CHANHASSEN, MN 55317-9325 ROLLAND A & ELAINE P NEVE ROSEMOUNT INC RYAN D O'CONNOR 7635 NICHOLAS WAY 12001 TECHNOLOGY DR 750 WEST VILLAGE RD #102 CHANHASSEN, MN 55317-7545 EDEN PRAIRIE, MN 55344-3695 CHANHASSEN, MN 55317-7534 RYAN J & SHARI WOOD RYAN R BORMANN SANDRA ILLETSCHKO 7611 NICHOLAS WAY 770 WEST VILLAGE RD #104 750 WEST VILLAGE RD #105 CHANHASSEN, MN 55317-7545 CHANHASSEN, MN 55317-7536 CHANHASSEN, MN 55317-7534 SANG CAM & NHI THE KY SARAH KOLBINGER SCOTT A BLIESE 6729 BRENDEN CT 7653 NICHOLAS WAY 969 SANTA VERA DR CHANHASSEN, MN 55317-7570 CHANHASSEN, MN 55317-7546 CHANHASSEN, MN 55317-9674 SELMER R & COLLEEN F PETERSON SHANDON N SULLIVAN SHAWNA COPLAN 1091 50TH ST NE 760 WEST VILLAGE RD #107 760 WEST VILLAGE RD #108 OWATONNA, MN 55060-6180 CHANHASSEN, MN 55317-7535 CHANHASSEN, MN 55317-7535 SILO BUILDING LLC 3561 44TH ST W MINNEAPOLIS, MN 55410-1359 SUSAN G CONZET 947 SANTA VERA DR CHANHASSEN, MN 55317-9674 TARGET CORPORATION T-0862 PO BOX 9456 MINNEAPOLIS, MN 55440-9456 THERESA EXENBERGER 908 KELLY CT CHANHASSEN, MN 55317-8714 TIMOTHY A NETZELL 2573 HAMLINE AVE N #B ROSEVILLE, MN 55113-3183 VILLAGES ON THE PONDS ASSN INC PO BOX 404 CHANHASSEN, MN 55317-0404 VIRGINIA S THOMAS FAMILY LP 6345 VIRGINIA DR EXCELSIOR, MN 55331-7701 SPRUCE PARTNERS LLC 5605 36TH ST W #202 MINNEAPOLIS, MN 55416-2540 SUZANNE B SONDUCK 930 KELLY CT CHANHASSEN, MN 55317-8714 TERRY ANDERSON 900 KELLY CT CHANHASSEN, MN 55317-8714 THOMAS D HILK 760 WEST VILLAGE RD #105 CHANHASSEN. MN 55317-7535 TOM -DON REAL ESTATE HOLDINGS 17725 S 27TH EAST AVE MOUNDS, OK 74047-4754 VIPUL P & ZANKHANA MAPARA 7647 NICHOLAS WAY CHANHASSEN, MN 55317-7545 VOP I LLC PO BOX 404 CHANHASSEN, MN 55317-0404 STEPHEN L & DAISY A ANDERSON 7679 NICHOLAS WAY CHANHASSEN, MN 55317-7546 TACO CHAN LLC 965 DECATUR AVE N GOLDEN VALLEY, MN 55427-4325 THEODORE HOFFMAN 7440 EDINBOROUGH WAY #4205 MINNEAPOLIS, MN 55435-5622 TIFFANY E QUICK 948 KIMBERLY LN CHANHASSEN, MN 55317-9779 TROY MOORE 901 KELLY CT CHANHASSEN, MN 55317-8714 VIRGINIA O CHAMBERS 956 KIMBERLY LN CHANHASSEN, MN 55317-9779 WELLS FARGO BANK NA 1610 ST ANDREWS ST E SANTA ANA, CA 92705-4931 WHEATSTONE RESTAURANT WILLIAM O CAMUEL YOGEINDRA N OHNESWRE GROUP 911 KIMBERLY LN 983 SANTA VERA DR 250 EAST LAKE DR CHANHASSEN, MN 55317-9364 CHANHASSEN, MN 55317-9779 CHANHASSEN, MN 55317-9674 e & Time: Tuesday, January 19, 2010 at 7:00 p.m. This hearing may not start until later in the evenin , depending on the order of the agenda. tion: City Hall Council Chambers, 7700 Market Blvd. Requests for Rezoning from General Business District (BG) to osal: Central Business District (CBD); Rezoning from General Business District (BG) to Agricultural Estate District (A2); and Rezoning from Highway & Business Services District (BH) to Agricultural Estate District A2 licant: City of Chanhassen rty ation: Downtown Chanhassen A location map is on the reverse side of this notice. at Happens 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 the he Meeting: will give an overview of proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Istions & If you want to see the plans before the meeting, please visit the City s projects web page at: www.ci.chanhassen.mn.us/serv/plan/10-02.html. If you wish to talk to someone about this project, please contact Robert Generous by email at baenerous@ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will dose the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any corresporxfeme regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. This map Is neither a legally recorded map nor a survey and Is not Intended to be used es 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 me Geographic Information System (GIS) Data used to prepare this map are anror free, and the Gly does not represent that the GIS Dale can be used for navigational, tracking or any other purpose re tuiring exacting measurement of distance or direction or precision In the depiction of geographic features. if errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pumuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable fa any damages, and expressly weaves all claims, and agrees to defend. indemnity. and hold harn$81pajFQj•Qlm L1gufad 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. CITU of CHANHASSEN NIXi1 ss53 9L 1 049J82036654 w $ 00.440 4 v 12/31/2009 Malted From 55317 US POSTAGE 06 01io2li.6 RETURN TO SENDER UNCLAXMED UNABLE TO FORWARD BC: 55317014747 *0976-10364-31-41 1,i ll ld1111111671111111111111111111111111n111itIIIIr11LJL111 JAMES EMAN 75 T V ,' AGE RD #104 N N, MN 55317-7534 SCANNED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 19, 2010 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hail Council Chambers, 7700 Market Blvd. Requests for Rezoning from General Business District (BG) to Central Business District (CBD); Rezoning from General Proposal: Business District (BG) to Agricultural Estate District (A2); and Rezoning from Highway & Business Services District (BH) to Agricultural Estate District A2 Applicant: City of Chanhassen Property Downtown Chanhassen Location: A location map is on the reverse side of this n 'ce. The purpose of this public hearing is t Inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sery/plan/10-02.htmi. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at baenerous@ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The nem 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 Mem and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to minmerciaUndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Plahning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. 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 dale located In various city, county, state and federal offices and other sources regarding the area sham, and Is to be used fon reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational. tracking or any other purpose requiring exacting measurement of distance or direction or precision In the depiction of geographic features. If anon or discrepancies are found please contact 952-227-1107. The preceding disclaimer Is provtded pursuant to Mnnesota Statutes §468.03, 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, indemnity, and hold harmleaa the City from any and all claims brought by User, its employees or agents. or third parties whi•cj%- 36 a+�a data provded. gLpess or use of _ 5531-isw Fv tij _,3 0 CITY OF CHANHASSEN 7700 Market Boulevard 049JB2036654 w $ 00.440 ,2/3,/2009 Mailed From 55317 US POSTAGE NIXIE .583 BE 1 06 01/09/30 RE7URN 70 SENDER N07 DELIVERABLE AS ADDRESSED UNABLE 70 FORWARD SC: 99317014747 *097e-10903-31-41 MN Irlrin�rinr��nnlllnill�nnillnlnl�lnulnlllurinlr� CHURCH U�-F SCANNED LIV/B3 POCH Vx MN Irlrin�rinr��nnlllnill�nnillnlnl�lnulnlllurinlr� CHURCH U�-F SCANNED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 19, 2010 at 7:00 p.m. This hearing may rot start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Requests for Rezoning from General Business District (BG) to Central Business District (CBD); Rezoning from General Proposal: Business District (BG) to Agricultural Estate District (A2); and Rezoning from Highway & Business Services District (BH) to Agricultural Estate District A2 Applicant: City of Chanhassen Property Downtown Chanhassen Location: A location map is on the reverse side of this n lice. he purpose of this public hearing is to nform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sere/plan/l0-02.html. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at bgenerous@ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, ityzonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested parry is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirn or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be inciuded in the report, please contact the Planning Staff person named on the notification. ~ k Y OF pT' QM J' C� 1QQgrr Lf o Q 'YOs�F7MrFo O "os "cy Fo CHANHASH, �QFSFOGf BMao 7700 Market Boulevard O,� "'e<fa P.O. Box 147 OA, Chanhassen, Minnesota pr" 10 www.C1.Ch;;"1'4009 % V,SI This map is neither a legally recorded map nor a surrey and Is not Intended to be used as one. This all W records, Information and data located In vedwa city. county, state and federal F ,gf sourose regaMing,the area stweig, and is to be used for reference purposes only. hhlwarrent meq gw.c80grgphic lofo^^�lion System (GIS) Data used to prepare this iQ.ppd the Giry tl s Dol repr4s l Ihbl the GI3 Dela wn be used to neNgatlanel, y q e urpwregd�ng. as ailing asl�reent of distance or direction or precision In l(g6Q�F�priid('plmes.l(errapac.gispegpndes sre found please contact 952-227-1107. cy n eaola Statutes §466.03, Subd. 21 (2000), and i �RAp13LNnW+ledges that the City ahaalnot be liable for any damages, and expressly W8�1�A5 all, loo ark age§ to de(ai d, Indemnly, a hold harmless the City from any and all dein brought by UsaT, It9 emplo/ees or agAnW. or thiM parties with arise out of the usees access or use of data proNded. •..."'^"^CC.' i .: `1,`,`, I I Alt %,,1\,,1,,,,1,` 049J82036654 $ 00.440 12/3112009 Mailed From 55317 oo,_ POSTAGE DANA L THORNBY 1980 7TH ST W ST PAUL, MN 55116-3248 Ir 1, 111111111111r1111111111111111111111111111 tit itIIIII III 11111 SCANNED Re: Lot 4, Block 1, West Village Heights 2°d Addition and Ad:952.227.11 Lots 1, 2 and 3, Block 1, West Village Heights 3`d Addition Phaie:952.227.1100 Fax:952.227.1110 Planning Case #10-02 Building Inspections Phone: 952.227.1180 February 11, 2010 CITY OF Senior Planner CIIA NSEN This letter is to confirm that on February 8, 2010, the Chanhassen City Council Engineering Phage: 952.227.1180 IRE'I' Properties 7700 Market Boulevard Pp Box 1988 PC Box 147 Chanhassen, MN 55317 Minot, ND 58702-1988 Re: Lot 4, Block 1, West Village Heights 2°d Addition and Ad:952.227.11 Lots 1, 2 and 3, Block 1, West Village Heights 3`d Addition Phaie:952.227.1100 Fax:952.227.1110 Planning Case #10-02 Building Inspections Phone: 952.227.1180 To Whom It May Concern: Fax: 952.227.1190 Senior Planner Plane: 952.227.1130 This letter is to confirm that on February 8, 2010, the Chanhassen City Council Engineering Phage: 952.227.1180 approved the rezoning of the above -referenced property from General Business Fax: 952.227.1170 District (BG) to Central Business District (CBD). All existing uses of the 1591 Park Road property are permitted in the CBD district. All other City approvals for the Finance Phone: 952.227.1140 properties are still in effect. Fax: 952.227.1110 If you have any questions or need additional information, please contact me at Park & Recreation Phone: 952.227.1120 (952) 227-1131 orbeenerous@ci.chanhassen.mn.us. Fax: 952.227.1110 Sincerely, Recreation Center 2310 Couper Boulevard Phone: 952.227.1400' Fax: 952.227.1404 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web site wvAv.achanhassen.mn.us SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Robert Generous, AICP Planning 8 Natural Resources Senior Planner Plane: 952.227.1130 Fax: 952.227.1110 ec: Kate Aanenson, Community Development Director Public Works Todd Gerhardt, City Manager 1591 Park Road g:xp1anx2010 planning c X[G-02 rezoning of bg propertiesxapprowl k0er.doc Phone: 952.227,1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web site wvAv.achanhassen.mn.us SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION PLANNING CASE #10-02 Application of the City of Chanhassen for the Rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on the north side of West 78th Street between Kerber Boulevard and Powers Boulevard (West Village Heights 2°d and 3'd Additions); rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located at the northwest corner of Highway 5 and Market Boulevard (Outlot A, Crossroads Plaza Addition); and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located at the northeast comer of Highway 5 and Market Boulevard (Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park). On January 19, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for rezoning property from General Business District (BG) to Central Business District (CBD) and General Business District (BG) to Agricultural Estate District (A2) and Highway and Business Services District (BH) to Agricultural Estate District (A2). The Planning Commission conducted a public hearing on the proposed rezonings which 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 properties are currently zoned General Business District (BG) and Highway & Business Services District (BH). 2. The properties are guided in the Land Use Plan for Commercial and Parks and Open Space. 3. The legal descriptions of the properties are: • Lot 4, Block 1, West Village Heights 2°d Addition and Lots 1, 2 and 3, Block 1, West Village Heights 3'd Addition • Outlot A, Crossroads Plaza Addition • Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: 10-U) SCANNED a) The proposed zoning has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed zoning is or will be compatible with the present and future land uses of the area. C) The proposed zoning conforms with all performance standards contained in the Zoning Ordinance. d) The proposed zoning will not tend to or actually depreciate the area in which it is proposed. e) The proposed zoning can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use within the zoning district is within capabilities of streets serving the property. 5. The planning report #10-02 dated January 19, 2010, prepared by Robert Generous is incorporated herein. The Planning Commission recommends that the City Council approve the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on the north side of West 78`h Street between Kerber Boulevard and Powers Boulevard (West Village Heights 2nd and 3`d Additions); rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located at the northwest comer of Highway 5 and Market Boulevard (Outlot A, Crossroads Plaza Addition); and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located at the northeast comer of Highway 5 and Market Boulevard (Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park). ADOPTED by the Chanhassen Planning Commission this 19th day of January, 2010. Louts ! II1612M BY: is airm 2 Affidavit of Publication CITY OF CHANHASSEN Southwest Newspapers CARVER & HENNEPIN CUNNOTICE OF PUBLIC HEARING State of Minnesota) PLANNING CASE NO. 10-02 )SS. NOTICE IS HEREBY GIVEN that the Chanhassen Planning Carver Commission will hold a public County of ) hearing on Tuesday, January 19, 2010, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized this hearing is to consider a request for rezoning from General Business agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- District (BG) to Central Business lager and has full knowledge of the facts herein stated as follows: District (CBD) on property located on the north side of West 78th Street (A) These newspapers have complied with the requirements constituting qualification as a legal between Kerber Boulevard and newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as Powers Boulevard (West Village amended. Heights 2nd and 3rd Additions); rezoning from General Business (B) The printed public notice that is attached to this Affidavit and identified as No. y3 U3�' District (BG) to Agricultural Estate District (A2) on property located at was published on the date or dates and in the newspaper stated in the attached Nonce and said the northwest corner of highway 5 Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of and Market Boulevard (Outlot A, the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both Crossroads Plaza Addition); and inclusive, and is hereby acknowledged as being the kind and size of type used in the composition rezoning from Highway and and publication of the Notice: Business Services District (BID to Agricultural Estate District (A2) on abcdefghUkhnnopq ',( Property located at the northeast rn/�l�V �`�%��'/"'✓�"� comer of Highway 5 and Market Boulevard (Outtot B, Crossroads Plaza Addition and Lot 3, Block 2, B Frontier Development Park). Laurie A. Hartrnann Applicant: City of Chanhassen. A plan showing the location of the proposal is available for public review on the City's web site at Subscribed and sworn before me on m2rff.rJ,chanhas=,mn.us/serv/ olan/1002.btml or at City Hall during regular business hours. All interested persons are invited this day of 2010 to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner JYMME J. BARK Email: r NOTARY PUBLIC - MINNESOTA bgenerous&i.chanhassen.mn.us Phone: 952-227.1131 No tblic My Commission Expires 01/31/2013 Phone: 952-227.1131 N�WlicOr (Published in the Chanhassen Villager on Thursday, January 7, 2010; No. 9305) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCANNED 10-b,;L. Chanhassen Planning Commission — January 19, 2010 Aanenson: I just want to state for the record then Madam Chair, if anybody appeals this decisions they have 4 days to appeal so that could be applicant or any of the neighbors. Otherwise the decision rests here unless there's an appeal. Larson: Okay. Alright. PUBLIC HEARING: DOWNTOWN REZONINGS: REQUEST FOR REZONING FROM GENERAL TO AGRICULTURAL ESTATE DISTRICT (A2) ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 5 AND MARKET BOULEVARD (OUTLOT A, CROSSROADS PLAZA ADDITION); AND REZONING FROM HIGHWAY AND BUSINESS SERVICES DISTRICT (BH) TO AGRICULTURAL ESTATE DISTRICT W) ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF HIGHWAY 5 AND MARKET BOULEVARD (OUTLOT B, CROSSROADS PLAZA ADDITION AND LOT 3, BLOCK 2, FRONTIER DEVELOPMENT PARK). APPLICANT: CITY OF CHANHASSEN, PLANNING CASE 10-02. Public Present: Name Address Dick Klonbeck Investors Real Estate Trust (Owners of West Village Heights Center) Bob Generous and Kate Aanenson presented the staff report on this item. Laufenburger: Can I speak to this, what you're showing us right now? Aanenson: Yes. Generous: Yes. Laufenburger: To me it feels like you're opening up the possibility of space which is now covered for parking could potentially become, I even hate to use this word but almost a kiosk type establishment. I think they're not even present anymore but maybe a small drive thru coffee. Generous: Potentially. Aanenson: Potentially. Or it could be, if you look at the size of, for example Jimmy John's is 1,500 square feet. So that's what we, intensify some of that, maximizing that space and value that we've created in that downtown core and looking at the uses. Meeting with the property SCANNED Chanhassen Planning Commission — January 19, 2010 owners. It could be bigger than that. I think we have some experience of looking at Villages on the Pond and the shared parking. Kind of what those peak demands are, and those would be some of the decisions looking in that, making sure, as Bob stated, on both those parking lots are maximized at certain seasons of the year. For example both those, both the Target site and the Byerly's site have seasonal use. The garden center, which we encourage. It gets some visibility. Some line so we know that they can support that seasonally. It's how you look at those mix of uses during the winter months full time. Sometimes that's used for snow removal. Storage space and so we just think there's an opportunity to capitalize on that and get those trips downtown so you're right. We have to look at how that mix works and the right type of use. Not just to put something out there to put something out there, but compatibility. Laufenburger: Thank you. Generous: Yeah, and as Kate stated, we did do a comparison of the uses. I have the table in the book. They're a little, or in the report. However the big change is the auto related uses are being prohibited from this district by rezoning it from general business to CBD. However additional uses are permitted including some multi -family and so as the city evolves in the future we think that this will provide us with a great opportunity to go forward. Aanenson: I just want to add one other thing. Just to be clear I think the other issue we looked at is, we're not creating any non -conforming situations which was, which is critical for an owner of a building that has to worry about that cloud but this doesn't create any non -conforming situations. Larson: Could I ask you to clarify that? You said it does not allow automobile related uses? Generous: Well auto repair shops for instance would not be. Larson: Well you've got a tire shop and you've got a. Aanenson: That would be in the business highway district. Generous: Yeah, that's in BH. This is for. Thomas: This is for Byerly's. Generous: This is, well the westerly side. Thomas: ...to Office Max or Depot, whatever. Aanenson: The BG. Larson: I'm sorry. I apologize. Got it. Generous: And that's, we believe that auto related uses are permitted in the BH district and then our industrial office parks but not in our downtown area. 10 Chanhassen Planning Commission — January 19, 2010 Larson: Okay. Generous: So it's just auto repair shops, things like that but any retail could go into our central business district or service uses. Things like that. Larson: Okay. Generous: And again, so this is what in essence will happen with the proposed rezoning of these properties. We tum additional property red on the west side of downtown and then the two areas on Highway 5 become green. Staff is recommending the Planning Commission adopt a motion to approve the rezonings and as specified in the staff report. No conditions of approval on rezonings but there's conditions of use that result of the rezoning. With that I'd be happy to answer any questions. Larson: Alright. Let's start with you Dan. Do you have anything? Keefe: No. I'm in support of this. I think you know I think change is good. I think you're going to get a chance to fun some things up a little bit. It's not that dramatic change by any stretch of the imagination but I think you know adding some things can draw more people to downtown, which is what I think we're trying to do here so I think it's good. Undestad: I agree with Dan. Larson: Okay. Thomas: Same. Laufenburger: Concur. Larson: As do I. So do I. Alright. Well I will open the public hearing. If anybody out in the audience would like to come up and any questions or talk about it. Please state your name and address for the record. Dick Klonbeck: Good evening. My name is Dick Klonbeck. I represent Investors Real Estate Trust. We are the owners of the West Village Height Center. The Byerly's center. Had the opportunity to sit down, meet with staff. Kind of go through these things and by and large I don't really have any issues with what's being proposed here tonight so I just wanted to identify myself. Say I'm here if anybody from the commission has any questions. I'm happy to answer them relative to our specific site area but I guess I'd just as a point of clarification, as I was going through the list and looking at the changes in the permitted uses, the garden center concept. How is that handled Kate with, I mean because I know the grocery store, Byerly's technically would do a seasonal thing... Aanenson: Yes, we love that and actually that's through a temporary use ordinance. What our temporary use ordinance allows is something that you sell already on your property that you 11 Chanhassen Planning Commission — January 19, 2010 could just come in and get a temporary use ordinance to operate that, and that's what we've done so we just look at whether you need any services. How it's going to affect parking circulation and so that would still remain the same. Dick Klonbeck: Okay. Generous: Since you can sell inside, you have an event outside too. Dick Klonbeck: Okay. Aanenson: What we don't want to do, if it's not something you sell on the premise, invite all kinds of transient merchants in so we want to have some control with those users so, since they're already selling flowers in there, that's consistent. Larson: Okay. I have a question for you Dick. Have you got any ideas as to what you would like to see go in there being that it would be on the adjacent site of your property? Dick Klonbeck: Well this gets to be a little bit of a tricky issue. What I'd like to see and what market will allow me to you know put in there are really two different things. Current market conditions are a bit different from when this whole issue started and when they started this planning back in 2006. Much different world in terms of retail development. I guess what I would foresee that, I think something that's important to remember here, this is cyclical and so we happen to be in a down period. We will come out of this and then we'll be in a position at some point in the future to see future development here. I guess what I would envision would be, what I would call an outlot building. A small building of maybe 5,000 to 10,000 square foot footprint in size that would occupy kind of the south end of our property, closer to West 78th Street. In terms of what uses are there, boy that's. Larson: I didn't mean to put you on the spot. Dick Klonbeck: Yeah. Well I mean I do have, I do have certain restrictions within my Byerly's lease so it's extraordinarily difficult for me to put in any kind of a food use out there. That's a natural, and that's actually the type of a development. I mean we have people who have indicated interest that they'd like to have space in a development like this. Larson: Okay. Laufenburger: I would just ask that you keep in mind the major occupancy that occurs on that comer on July 4th every year. Dick Klonbeck: Yes. Laufenburger: Thank you. Dick Klonbeck: We are well aware of the influx of people and what happens. We're happy to have people come. 12 Chanhassen Planning Commission — January 19, 2010 Larson: Alright, good. Okay. Good, thank you very much. Okay, is there anybody else? No? Seeing that nobody else would like to come up I will close the public hearing and we'll start with you this time Kathleen. What do you think? Thomas: I think it's really, I think it's good. It's a good clean up. It's, I think it will be good for when we get to that point eventually of being able to potentially develop the downtown or bring more influx of people in and different businesses in which is just all around good. You know like kind of the one stop shopping ability to be able to go and collect different things and walk places and it seems great so I'm completely in favor of it. Larson: Okay. How about you Denny? Laufenburger: As am I. No questions. Keefe: I'm in favor. Undestad: I'm good. Larson: Okay. I will entertain a motion. Undestad: I'll grab this one. I make a motion the Chanhassen Planning Commission recommends that the City Council approve the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West Village Heights god Addition and Lots 1, 2 and 3, Block 1, West Village Heights Yd Addition. Rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A, Crossroads Plaza Addition and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition and Lot 3 in Block 2, Frontier Development Park. Larson: Have I got a second? Keefe: Second. Undestad moved, Keefe seconded that the Chanhassen Planning Commission recommends that the City Council approve the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West Village Heights 2°d Addition and Lots 1, 2 and 3, Block 1, West Village Heights 3rd Addition; rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A, Crossroads Plaza Addition and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Oudot B, Crossroads Plaza Addition and Lot 3 in Block 2, Frontier Development Park. All voted in favor and the motion carried unanimously with a vote of 6 to 0. 13 CITY OF CHANHASSEN PC DATE: January 19, 2010 CC DATE: February8, 2010 REVIEW DEADLINE: NA CASE #: 10-02 4, BY: RG F2] PROPOSED MOTION: The Chanhassen Planning Commission recommends that the City Council approve the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West Village Heights 2°d Addition and Lots 1, 2 and 3, Block 1, West Village Heights 3'd Addition; rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A, Crossroads Plaza Addition; and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park. SUMMARY OF REQUEST: The City is proposing the rezoning of the properties from General Business District (BG) to Central Business District (CBD) and General Business District (BG) to Agricultural Estate District (A2) and Highway and Business Services District (BH) to Agricultural Estate District (A2). LOCATION: The north side of West 78d` Street between Kerber Boulevard and Powers Boulevard (West Village Heights 2°d and 3'd Additions) and the northwest comer of Highway 5 and Market Boulevard (Outlot A, Crossroads Plaza Addition) and the northeast corner of Highway 5 and Market Boulevard (Oudot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park). APPLICANT: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 PRESENT ZONING: General Business District (BG) and Highway and Business Services District (BH) 2030 LAND USE PLAN: Commercial and Parks and Open Space DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings because the City is acting in its legislative or policy making capacity. A rezoning must be consistent with the City's Comprehensive Plan. PROPOSAL/SUMMARY The City is proposing the rezoning of those properties along West 78th Street that are currently zoned General Business District (BG) to Central Business District (CBD). The City is also proposing the rezoning of the City -owned properties along Highway 5 and Market Boulevard zoned General Business District (BG) and Highway and Business Services District (BH), which contain stormwater ponds and wetlands, to Agricultural Estate District (A2). SCANNED Downtown Rezonings — Planning Case 10-02 January 19, 2010 Page 7 of 7 Goods and Services Examples • Residential • Office • Entertainment (Restaurants, Theaters, Music Venues) • Retail, Grocery, Household Goods and Services • Fitness Activities • Hotels • Health Services (Clinics) The following are a comparison of the building parameters for the two zoning districts: RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and adoption of the attached findings of fact and recommendation: "The Chanhassen Planning Commission recommends that the City Council approve the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West Village Heights 2°d Addition and Lots 1, 2 and 3, Block 1, West Village Heights Td Addition; rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A, Crossroads Plaza Addition; and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park." ATTACHMENTS 1. CBD BG Merger Comparison. 2. Findings of Fact and Recommendation. 3. Public Hearing Notice and Affidavit of Mailing. gAplan\2010 planning cases\10-02 rezoning of bg properties\staff report rezoning bg pmp.doc CBD BG Lot Size (sq. ft.) 10,000 20,000 Frontage (ft.) 100 100 Depth (ft.) 100 150 Coverage % NA 70 Setbacks: Front 0 25 Rear 01 25 Side 0 10 Building Height: Principal # stories NA NA Principal feet NA NA Accessory # stories NA I NA Accessory feet NA I NA RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and adoption of the attached findings of fact and recommendation: "The Chanhassen Planning Commission recommends that the City Council approve the rezoning of properties from General Business District (BG) to Central Business District (CBD) on property located on Lot 4, Block 1, West Village Heights 2°d Addition and Lots 1, 2 and 3, Block 1, West Village Heights Td Addition; rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located on Outlot A, Crossroads Plaza Addition; and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located on Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park." ATTACHMENTS 1. CBD BG Merger Comparison. 2. Findings of Fact and Recommendation. 3. Public Hearing Notice and Affidavit of Mailing. gAplan\2010 planning cases\10-02 rezoning of bg properties\staff report rezoning bg pmp.doc CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 10-02 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 19, 2010, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for rezoning from General Business District (BG) to Central Business District (CBD) on property located on the north side of West 78a' Street between Kerber Boulevard and Powers Boulevard (West Village Heights 2i0 and P Additions); rezoning from General Business District (BG) to Agricultural Estate District (A2) on property located at the northwest corner of Highway 5 and Market Boulevard (Outlot A, Crossroads Plaza Addition); and rezoning from Highway and Business Services District (BH) to Agricultural Estate District (A2) on property located at the northeast corner of Highway 5 and Market Boulevard (Outlot B, Crossroads Plaza Addition and Lot 3, Block 2, Frontier Development Park). Applicant: City of Chanhassen. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/serv/plan/10-02.htm1 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerous@ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on January 7, 2010) GCMNED Location Map City of Chanhassen Downtown Rezonings Planning Case 10-02 MW Proposed Rezoning to Central Business District (CBD) Proposed Rezoning to Agricultural Estate District (A2) Current Zoning = Highway & Business Services District (BH) General Business District (BG) W>ft�) State HWY 5 Pb ote°,m SCANNED