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CAS-19_CHAPEL HILL ACADEMY0c —/q KLEINBANK 600 WEST 78TH STREET CHANHASSEN, MN 55317 952-974-3484 IRREVOCABLE STANDBY LETTER OF CREDIT Amount: $34,100 No. 6325092 To: Administrator May 4, 2016 Riley -Purgatory -Bluff Creek Watershed District 14500 Martin Drive, Suite 1500, Eden Prairie MN 55344 WE HEREBY AUTHORIZE YOU TO VALUE ON KLEINBANK DRAFTS AT SIGHT FOR ANY SUM OR SUMS NOT EXCEEDING A TOTAL OF Thirty-four thousand one hundred dollars ($34,100) FOR THE ACCOUNT OF CHAPEL HILL ACADEMY This Letter of Credit shall be valid until the sooner of the completion of the improvements according to plans set forth in Riley -Purgatory -Bluff Creek Watershed District permit no. or May 4, 2017 and not otherwise modified, unless at least thirty (30) days prior to any such expiry date or anniversary thereof, or effective date of modification, we notify you in writing by certified mail, return receipt, delivered to Riley -Purgatory -Bluff Creek Watershed District, 14500 Martin Dr., Suite 1500, Eden Prairie MN 55344, Attn: administrator, and to Riley -Purgatory -Bluff Creek Watershed District c/o Smith Partners, 400 Second Avenue South, Suite 1200, Minneapolis, MN 55401, that we intend to cancel or modify this Letter of Credit. Until the effective date of cancellation or modification, and thereafter as the modified Letter of Credit may provide, you may draw hereunder by your drafts, drawn at sight on us and accompanied by a statement signed by your administrator or one of your officers or attorneys in fact to the effect that Chapel Hill Academy has failed to execute the work set forth and/or authorized in Riley -Purgatory -Bluff Creek Watershed District permit no. in compliance with the specifications, requirements or conditions of the permit and District rules as of that date. Further, the draft shall state the amount of the requested draw written in both English words and Arabic numbers, which shall not exceed the face amount hereof, as set forth above. RPBCWD TEMPLATE -LOC I oft 02-15 Except as otherwise expressly stated, this letter of credit is subject to the International Standby Practices, International Chamber of Commerce Publication No. 590, and as to matters not governed thereby shall be construed and enforced in accordance with the laws of the State of Minnesota. The drafts drawn under this letter of credit are to be endorsed hereunder and must bear the clause: "Drawn under the KleinBank, Letter of Credit Number 6325092, May 4, 2016". We hereby agree with the drawers, endorsers and bona fide holders of drafts drawn under and in compliance with the terms of this letter of credit that the same shall be duly honored on presentation if drawn and negotiated on or before May 4, 2017 or the successive one year anniversary of that date or as otherwise modified in accordance with the amendment provision above. This Letter of Credit is KleinBank's individual obligation and not contingent on any reimbursement thereto. By (Authorized Signature) lids: /j?ete-/4d )OAe-6td4 c.,f RPBCWD TEMPLATE -LOC 2 of 2 02-15 Thomas J. Camphcll Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J.Jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Henry A. Schaeffer. 111 Alina Schwartz Craig R. McDowell Marguerite M. McCarron ' Also Liccnscd in Wisconsin 1380 Corporate Center Curve Suite 317 • Fagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law-.com CAMPBELL KNUTSON Professional Association Direct Dial: (651) 234-6222 E-mailAddress: snelson@ck-law.com September 18, 2006 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 n(-- Ic RECEIVED SEP 2 0 2006 CITY OF CHANHASSEN RE: CHANHASSEN—M[SC.RECORDED DOCUMENTS ➢ CUP #06-19 — For Chapel Hill Academy to Construct a Monument Sign with a Motion (LED) Display Dear Kim: Enclosed for the City's files please find original recorded CUP #06-19 which was filed with Carver County on August 1, 2006 as Abstract Document No. A446665. SRN:ms Enclosure Regards, CAMPBELL KNUTSON Professional Association B Su. R. Nelson, Legal sistant SCANNED Document No. OFFICE OF THE COUNTY RECORDER A446665 CARVER COUNTY, MINNESOTA Fee: $ 46.00 Check/k: 16069 Certified Recorded on 08 01-2006 at 01:30 AM PPM 44666s IIII IIII IIII II II III Carl WH County R rderr CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES CONDITIONAL USE PERMIT #06-19 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Construction of a monument sign with a motion (LED) display on property zoned Office & Institutional District (OI). 2. Property. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: See attached "Exhibit A" 3. Conditions. The permit is issued subject to the following conditions: 1. The applicant must obtain both a sign permit and building permit prior to erecting the sign. 2. The foundation and sign connections (i.e. bolt type, bolt size, embedment and location) must be designed by a structural engineer. 3. The site plan must be revised to show the proposed location of the monument sign showing property line setback dimensions. 4. Brick used on monument sign shall match principal structure. 5. Usage of LED sign shall be limited to the hours between 6:00am to 10:00pm. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terns of this permit. 5. LpRE- If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: June 12, 2006 CITY OF CHANHASSEN By. —L— Thomas Thomas A. Furlo or Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thivVl day of LL n e 2006, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. KIM T. MEUWISSEN Notary Public -Minnesota a My commission EXPirea Jan 31, 2010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 2 Notary Public The undesignated parcel as shown on the recorded plat of ST. HUBERTUS in the Southwest Quarter of the Southeast Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota, except the two following described parcels: Exception No. 1: The west 18.00 feet of said undesignated parcel. Exception No.2: That part of said undesignated parcel described as commencing at the southwest comer of Block 1, of said plat as monumented by a 6" x 6" stone (marked Block Corner); thence westerly, along the westerly extension of the south line of said block as monumented by 6" x 6" stones, to the intersection with the west right-of-way line of Frontier Trail (formerly known as St. Francis Street); thence on an assumed bearing of North 0 degrees 45 minutes 48 seconds East along said west right-of-way line a distance of 367.00 feet, to the point of beginning of the land to be described; thence North 89 degrees 14 minutes 12 seconds West a distance of 100.00 feet; thence North 0 degrees 45 minutes 48 seconds East a distance of 99.17 feet, to the north line of said undesignated parcel; thence South 89 degrees 15 minutes 40 seconds East, along said north line, a distance of 100.00 feet to the northeast comer of said undesignated parcel; thence South 0 degrees 45 minutes 48 seconds West, along said east line, a distance of 99.21 feet to the point of beginning. I v 7 Am / / m 26' 4" 82 TOTAL STALLS 24' OONE i WAY 26' O v Ae 26' ~ �t 7 26' ~ I.9 I. '♦ / EXISTING BUILDING 10.5 I r — rl \ i 2 Ut` F+i I`1AGC OPENING 9 GARAGE CONC, / PAD od i v v vV v V vvl V A SCANNED RECaVED APR 14 2006 CIiY OFCHANHASSEN GRAPHIC SCALE 30 0 15 30 60 I ( IN FEET ) 1 inch = 30 ft. Date. 7/27/05 Ch a ne1 Mill 1 19990 �x1 o WOOD POST \ x `- HOUSEco 8 8. / N 2 .4 / N GARAGE di / x / z� I H i o3 CL fHES LI i 2.4 x '1.7 WIDE OVERHANG x GARAGE CONC, / PAD od i v v vV v V vvl V A SCANNED RECaVED APR 14 2006 CIiY OFCHANHASSEN GRAPHIC SCALE 30 0 15 30 60 I ( IN FEET ) 1 inch = 30 ft. Date. 7/27/05 Ch a ne1 Mill 1 19990 A SCANNED RECaVED APR 14 2006 CIiY OFCHANHASSEN GRAPHIC SCALE 30 0 15 30 60 I ( IN FEET ) 1 inch = 30 ft. Date. 7/27/05 Ch a ne1 Mill 1 19990 aco-l9 Planning Commission Meeting — May 16, 2006 PUBLIC HEARING: Public Present: Name Address Gene O'Brien Chapel Hill Academy Board Member Jim Abrahamson 14530 Martin Drive, Eden Prairie Sharmeen Al-Jaff presented the staff report on this item. McDonald: Dan, why don't you start? Keefe: Do we have an amber light like this in the city? Al-Jaff Everything that we have is red. Keefe: And then just in terms of the, I don't know what you would call it. The brightness of it, is it similar to the red then? Al-Jaff: Correct. And they are adjustable so it's, if it was too bright, we will definitely ask the school to turn it down. Keefe: Okay. Larson: No questions. McDonald: No questions? Kurt. Papke: Well we're not quite Las Vegas yet but we seem to be getting more of these lately. We have Walgreen's that has one. We have one down at 101 and Pioneer Trail, that I won't go into detail on. Do we have any, you know there's nothing in the city code yet limiting how many of these go in. Are there any issues? Concerns? You know obviously some of the residents cared enough about this that they wanted to see them turned off during off hours. Does city staff have any concerns that we're getting too many of these or? AI-Jaff: You will be looking at an ordinance amendment in the near future. In fact it should be at your next Planning Commission meeting. Papke: Okay. And to that point, with the hours, limited hours of operation here, in the interest of applying this consistently, do we enforce that with anyone else doing that? 39 Planning Commission Meeting —May 16, 2006 Al-Jaff: This is a condition that we are adding to the specific conditional use permit. It's the close proximity to the residential neighborhood. LED signs have to get a conditional use permit and that's when we add those conditions. Papke: Okay. And is this an animated sign where the letters move and scroll? Al-Jaff: Yes. That is one of the aspect of the sign, yes. They could move. Papke: Okay. McDonald: I guess the question I've got, you've raised it. Where's the sign going to be located? I couldn't figure that out because there's, it looks as though there's 3 spots that have been identified for placement of this. AI-Jaff: Okay. It is intended to be along, I will fold this. This is West 78`h Street. And then you have Great Plains Boulevard in this area. This is the 15 foot setback. This is the existing parking lot that you have in front of Chapel Hill. The sign will be closer to the parking lot facing or perpendicular to West 78`s Street. McDonald: Okay. So it's going to be more to the back and shielded by the building a little bit as far as the neighbors to the east and everything? Al-Jaff: That's correct. McDonald: Okay. Al-Jaff: Definitely more towards the commercial portion of the city, and closer to downtown. McDonald: Okay. And you had mentioned about an additional condition. I don't see that in your recommendation. Is that something we need to add? Al-Jaff: I handed out. McDonald: Oh, I'm sorry. AI-Jaff: That's okay. McDonald: Okay, thanks. Al-Jaff: You're welcome. McDonald: With that is the applicant present? Jur► Abrahamson: Good evening. I'm Jim Abrahamson with Sign Source in Eden Prairie. Representing Chapel Hill Academy. The, just to make a quick correction, the size of the characters will be 6.3 inches, not 9 so. And it is totally adjustable by the internal computer in the C, •rAN 40 '» Planning Commission Meeting — May 16, 2006 office. As far as animation or none. Scrolling, rolling, any of that. If it's something the neighbors don't like it, then you can turn it off because it just changes from one message to the next. This type of sign is becoming more popular because people are finding that the old you know changeable letters, even your gas stations now, in the middle of winter it's really hard to maintain that and kids run out and change the message and you have kind of issues there but. If there's any questions you have, I'd be happy to answer them. McDonald: Okay. Debbie. Larson: No. McDonald: I guess you get lucky. We have no questions. Okay, thank you very much. At this point I will open up the meeting to the public. Anyone wishing to come forward and address this planning case, please do so. Okay, seeing no one get up, close the public meeting and I bring the issue back before the commissioners for discussion. Kurt, you can start? Papke: I don't have anything. McDonald: You don't have anything? Debbie? Larson: Looks fine to me. McDonald: Okay. In that case then I'm open for a motion. Keefe: Mr. Chair I'll make a motion the Planning Commission recommends approval of the Conditional Use Permit #06-19 for the use of an LED display within a monument sign with the following conditions, 1 through 5. McDonald: Second? Larson: Second. McDonald: Okay. So seconded. Keefe moved, Larson seconded that the Planning Commission recommends the City Council approve the Conditional Use Permit #06-19 for the use of an LED display within a monument sign with the following conditions: The applicant must obtain both a sign permit and building permit prior to erecting the sign. 2. The foundation and sign connections (i.e. bolt type, bolt size, embedment and location) must be designed by a structural engineer. 3. The site plan must be revised to show the proposed location of the monument sign showing property line setback dimensions. 41 Planning Commission Meeting — May 16, 2006 4. Brick used along the lower portion of the sign must be the same material as that used ion the existing building. 5. The LED display shall be limited to the hours between 6:00 am. and 10:00 p.m.. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: T -MOBILE: REOUEST FOR CONDI'T'IONAL USE PERMIT FOR A 9 FOOT FENCE ON PROPERTY LOCATED AT 6434 MURRAY H1 LL ROAD. (WATER TOWER SITE), PLANNING CASE 06-21. Public Present: Name Address Steve Edwards 5015& Street West, Minneapolis Gil Kreidberg 6444 Murray Hill Road Sharmeen Al-Jaff presented the staff report on this item. McDonald: Anyone have any questions for staff? Keefe: Just a quick question on security and access. You know in terms of keeping kids out. It's next to a junior high. What is the fencing material? That it's going to be made out of. Al-Jaff: It is wood. Keefe: Okay, and then T -Mobile would maintain a lock on the access to it, is that how it works? AI-Jaff: Well the city has a gate on this site so, but that will only prevent vehicular traffic. Kids do use that area. There is traffic used to the area, and the proposed fence will provide the added security. Keefe: Any concerns from a security perspective in relation to kids that the city has? Would have. Nothing that you can think of. Aanenson: ...to the City Council to validate that when they approve that. Keefe: Okay. Larson: Has that got a cover on the top? I'm trying to decipher the drawings here. I'm sorry, is there like a roof on this or is it just a fence all the way around? Aanenson: No, it's a fence all the way around. 42 R WJune 19, 2006 Cll l OF Chapel Hill Academy CgANgASSEN 306 West 78`s Street Building Inspections Chanhassen, MN 55317 7700 Market Boulevard - POBox 147 Chanhassen, MN 55317 Re: LED Monument Sign Conditional Use Permit —Planning Case #06-19 Administration To Whom It May Concern: Phone: 952.227.1100 Fax: 952.227.1110 This letter is to formally notify you that on June 12, 2006, the Chanhassen City Building Inspections Council approved the following: - Phone: 952.227.1180 Respectfully Fax: 952227.1190 Conditional Use Permit #06-19 based on the Findings of Fact with the following Engineering conditions: Phow 952.227.1180 Fax: 952,227.1170 1. The applicant must obtain both a sign permit and building permit prior to Finance erecting the sign. Phone: 952.227.1140 Planner I Fax:952.227.1110 2. The foundation and sign connections (i.e. bolt type, bolt size, embedment Park & Recreation and location) must be designed by a structural engineer. Phone: 952.221.1120 Fax:952.227.1110 3. The site plan must be revised to show the proposed location of the Recreation Center monument sign showing property line setback dimensions. 2310 Conger Boulevard Phone: 952.227.1400 Fax: 952.227.1404 4. Brick used on monument sign shall match principal structure. Planning Natural Resources 5. Usage of LED sign shall be limited to the hours between 6:00am to Phone: 952.227.1130 10:00pm. Fax: 952.227.1110 c: Jim Abrahamson, Sign Source 9:\plan\2006 planning cases\06-19 chapel hill academy sign cup\appmval letter.doc SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown. thriving businesses, winding trails, and heautituI parks. A gieat place to live, work, and play. If you have any questions or need additional information, please contact me at Public Works 1591 Park Road 952-227-1132 or by email at imetzer@ci.chanhassen.mn.us. Phone: 952727.1300 Fax 952.227.1310 Respectfully Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site .Josh Metzer www.d.chanhassen.mn.us Planner I c: Jim Abrahamson, Sign Source 9:\plan\2006 planning cases\06-19 chapel hill academy sign cup\appmval letter.doc SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown. thriving businesses, winding trails, and heautituI parks. A gieat place to live, work, and play. CITY OF CIIANIIASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park A Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 0b -lel 1d MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Josh Metzer, Planner I 01d DATE: June 12, 2006 SUBJ: CHAPEL HILL ACADEMY — 306 West 78`h Street Conditional Use Permit for construction of a monument sign with a light emitting diode (LED) display — Planning Case 06-19 EXECUTIVE SUMMARY The applicant is seeking a conditional use permit for a LED display in a monument sign on property zoned Office & Institutional District. ACTION REQUIRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on May 16, 2006, to review the proposed conditional use permit. The Planning Commission voted 4 to 0 to approve the proposed conditional use permit. The Planning Commission minutes are attached as item IA. Staff and the Planning Commission recommend the adoption of the motion approving the proposed conditional use permit as specified on page 5 in the revised staff report dated June 12, 2006 with conditions 1-5. ATTACHMENTS 1. Revised Planning Commission Staff Report Dated June 12, 2006. gAplanx2006 planning cases\06-19 chapel hill academy sign cup\executive summary.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. ira.—A-,w IFCITY OF CHANHASSEN STAFF REPORT PC DATE: May 16, 2006 CC DATE: June 12, 2006 REVIEW DEADLINE: June 13, 2006 CASE #: 06-19 BY: JM PROPOSAL: Request for a Conditional Use Permit for a motion (LED) display in a monument sign — CHAPEL HILL ACADEMY LOCATION: 306 West 78`s Street Chanhassen, MN 55317 APPLICANT: Chapel Hill Academy 306 West 78s' Street Chanhassen, MN 55317 PRESENT ZONING: OI, Office and Institutional District 2020 LAND USE PLAN: Public/Semi-Public ACREAGE: 4.84 acres DENSITY: N/A SUMMARY OF REQUEST: Chapel Hill Academy is seeking a Conditional Use Permit for a motion (LED) display in a monument sign on property zoned Office & Institutional District. Staff is recommending approval of this request. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a conditional use permit is limited to whether or not the proposed conditional use permit meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the conditional use permit. This is a quasi-judicial decision. 0 Chapel Hill Acadenry LED Sign CUP Planning Case No. 06-19 June 12, 2006 Page 2 PROPOSAL/SUMMARY Chapel Hill Academy is requesting a conditional use permit for an LED (light -emitting diode) sign to be located on the monument sign on property zoned Office & Institutional District (OI). The proposed site is located northeast of the intersection of West 78`h Street and Great Plains Boulevard at 306 West 78`h Street. Access to the site is gained via Great Plains Boulevard. The sign will stand 5 feet in height, will have a total display area of 24 square feet and will be setback a minimum of 15 feet from all property lines. The LED motion sign will comprise 8.46 square feet of the sign display area. The actual letters will be 9 inches in height. The maximum brightness emitted from the LED display would be 5,000 nits (standard for outdoor LED signs) and the unit has automatic dimming and is adjustable. The LED sign will advertise school events as well as community events. Owl M7 Subject Site _.. `�ti�� E Chapel Hill Academy LED Sign CUP Planning Case No. 06-19 Aky Z June 12, 2006 Page 3 APPLICABLE REGUATIONS Article XXVI, Section 20-1259 requires a conditional use permit for time and temperature (motion) signs. Chapter 20, Article IV, Conditional Uses. FINDINGS The Planning Commission shall recommend a conditional use permit and the City Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. Finding: The LID sign will display school and community events. It is a modem alternative to changeable letters. The sign will provide a convenient method of communication for the general public. The proposed sign should not adversely affect traffic safety. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: This use is consistent with the objectives of the city's comprehensive plan and the zoning ordinance by providing a viable means to identify Chapel Hill Academy as well as providing information on upcoming events. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: Staff believes that the LID display has been designed and will be constructed, operated and maintained so as to be compatible in appearance with the existing character of the site. This display will not change the essential character of the area. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The LID display will not be hazardous to existing or planned neighboring uses. It may be considered a benefit for those traveling on West 78"' Street. The proposed sign will use the standard level of illumination for outdoor LID displays. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems Chapel Hill Academy LED Sign CUP Planning Case No. 06-19 June 12, 2006 Page 4 and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 7. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The proposed sign complies with size restrictions of the zoning ordinance and will not be a distraction. The proposed sign will use the standard level of illumination for outdoor LID displays. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 10. Will be aesthetically compatible with the area. Finding: Will be aesthetically compatible with the area. 11. Will not depreciate surrounding property values. Finding: Will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: Will comply with the City Code sign standards. Chapel Hill Academy LED Sign CUP Planning Case No. 06-19 M" 46 June 12, 2006 Page 5 RECOMMENDATION Staff and the Planning Commission recommends the City Council adopt the following motion: "The City Council approves Conditional Use Permit 06-19 for use of a LED display within a monument sign with the following conditions: 1. The applicant must obtain both a sign permit and building permit prior to erecting the sign. 2. The foundation and sign connections (i.e. bolt type, bolt size, embedment and location) must be designed by a structural engineer. 3. The site plan must be revised to show the proposed location of the monument sign showing property line setback dimensions. 4. Brick used along the lower portion of the sign must be the same material as that used on the e3dsting building. 5. The LED display shall be limited to the hours between 6:00 am. and 10:00 p.m:' ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Public Hearing Notice and Affidavit of Mailing. 4. Site Plan. 5. Sign Details & Elevations. gAplan\2006 planning cases\06-19 chapel hill academy sign cupXcc update staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Chapel Hill Academy for a Conditional Use Permit for a motion (LID) display in a monument sign on property zoned Office & Institutional District (OI) at 306 West 7e Street — Planning Case No. 06-19. On May 16, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Chapel Hill Academy for a Conditional Use Permit for a motion (LED) display in a monument sign on property zoned Office & Institutional District (OI) at 306 West 78`s Street. The Planning Commission conducted a public hearing on the proposed conditional use permit that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Office & Institutional District (01). 2. The property has a Land Use Designation of Public/Semi-Public. 3. The legal description of the property is legally described in Exhibit A. 4. The Planning Commission shall recommend a conditional use permit and the City Council shall issue such conditional use permit only if it finds that such use at the proposed location: a. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. c. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 5. The planning report #06-19 Conditional Use Permit dated May 16, 2006, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approves Conditional Use Permit #06-19 to for a motion (LED) display in a monument sign on property zoned Office & Institutional District (OI). ADOPTED by the Chanhassen Planning Commission on this 16th day of May, 2006. CHANHASSEN PLANNING COMMISSION 1:W Planning Commission Chairperson gAplan\2006 planning cases\06-19 chapel hill academy sign cupUindings of facLdoc 2 1x0.1[: r The undesignated parcel as shown on the recorded plat of ST. HUBERTUS in the Southwest Quarter of the Southeast Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota, except the two following described parcels: Exception No. 1: The west 18.00 feet of said undesignated parcel. Exception No.2: That part of said undesignated parcel described as commencing at the southwest comer of Block 1, of said plat as monumented by a 6" x 6 stone (marked Block Corner); thence westerly, along the westerly extension of the south line of said block as monumented by 6" x 6" stones, to the intersection with the west right-of-way line of Frontier Trail (formerly known as St. Francis Street); thence on an assumed bearing of North 0 degrees 45 minutes 48 seconds East along said west right-of-way line a distance of 367.00 feet, to the point of beginning of the land to be described; thence North 89 degrees 14 minutes 12 seconds West a distance of 100.00 feet; thence North 0 degrees 45 minutes 48 seconds East a distance of 99.17 feet, to the north line of said undesignated parcel; thence South 89 degrees 15 minutes 40 seconds East, along said north line, a distance of 100.00 feet to the northeast comer of said undesignated parcel; thence South 0 degrees 45 minutes 48 seconds West, along said east line, a distance of 99.21 feet to the point of beginning. 3 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. ) C1 RECEIVED APR 14 2006 CITY OF CHANHASSEN 'NR `►►' �i � �u / NOTE: Consultation with City staff is re uired prior to submittal, including review of development plans Comprehensive Plan Amendment _. Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning X Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X E cling Fees/Attorney Cost" $50 CU PRNACNAFUWAP/Metes & Bounds Minor SUB TOTAL FEE $ `i 75� ,4 Ck.A 173-14 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8'/z" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: LOCATION: 30 LEGAL DESCRIPTION: TOTALACREAGE: WETLANDS PRESENT: YES _X NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: O p I REQUESTED LAND USE DESIGNATION: SamtSZ_ S REASON FOR REQUEST: Oo� WOUIS /;A n, Alvin 7 This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Applicant of Fee Date `XQ -o Date CADocuments and Settingsyabrahamson\Local Settings\Temporary Internet Files\01-K3\Development Review Application.DOC Rev. 12105 SCANNED 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 May 4, 2006, 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 Chapel Hill Academy — Planning Case 06-19 to the persons named on attached Exhibit 'W', 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. Kajen J. Eng lh dt, DejJy Clerk Subscribed and sworn to before me this q4h day of Cnct 2006. Notary Pu 3a"" �. KIM T. MEUWISSEN � Nota Public -Minnesota Z�:�." My Comm ssion Expires Jan 31, 2010 SCANNED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 16, 2006 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. Request for a Conditional Use Permit for an LED monument Proposal: sign — Planning Case 06-19. Applicant: Chapel Hill Academy Property 306 West 78th Street 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/06-19.html. If you wish to talk to someone about this project, please contact Josh Metzler by email at imetzer@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. 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 commerciaLtindustrial. • 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. Stall 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 Stall person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 16, 2006 at 7:00 p.m. This hearing may not start until ' later In the evening,depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. — Request for a Conditional Use Permit for an LED monument Proposal: Proposal: n — Planning Case 06-19. Applicant: Chapel Hili Academ Property i06 West 78th Street 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/06-19.html. If you wish to talk to someone about this project, please contact Josh Metzer by email at imetzer@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. 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 commerciallintlustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. This map is neither a legally recorded map nor is tammy and is not intended to be used as one. This map is a cortpilation of records, information and data located in various city, county, state and federal offices and other sources reganing the area shown, and is to be used for reference puNos rs only. The City does not mimant that the Geographic Inforrretion 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 erecting measurement of distance or direction or precision in the depiction of geographic features. g errors or discrepancies are found please contact 952-227-1107. The preceding Qscleimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges Nat the City shall not be liable for any damages, and evressly ,auves all claims, and agrees to defend indemnify, and hold harmless the City from any and all claim brought by User, its ertployees or agents, or MIN parties which ansa out of the usees access or use of data provided. This map is neither a legally recortle l map nor a survey anal is not intended to be used as one. This map is is co pllahM of re orda, information and data located in mrous city, county, state and federal offices and other sources regarding Me area shown, and is to be used for 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 navigaional, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found pease comact 952-227-1107. The practicing disclaimer is provided pursuant to Minnesota Statutes §466.03. Subd. 21 (2000), and Ma user of this map acknowledges that ones City shall not be liable fur any damages, and expressly waives all darts, and agrees to defend, indemnify, and hold hamiess dre City from any and all clans brought by User, its employees or agents, w thirtl parties which arse our of the usees access or use of data pmnded. DONALD D & MARY GOETZE DOUGLAS J & WENDY K SUEDBECK LAURA LEE HEIM BAUMTROG 7610 FRONTIER TRL 7605 GREAT PLAINS BLVD PO BOX 296 CHANHASSEN, MN 55317-9609 CHANHASSEN, MN 55317-9768 CHANHASSEN, MN 55317 -0296 DEAN A ROERICK 8 PLAINS CHARLES STINSON ETAL BERNARD A & COLEEN M POIRIER JENNIFER L A 4733 EASTWOOD RD 304 77TH ST W 7604 GREAT PLAINS BLVD CHANHASSEN, MN 55377-7974 HOPKINS , MN 55345 -2416 CHANHASSEN, MN 55317 -9798 WILLIAM P HANSON KAREN L ZELLNER & KEITH BARTRAM & 7607 GREAT PLAINS BLVD FLORENCE H COLEMAN JESSICA LEE CHANHASSEN, MN 55317 -9768 7616 FRONTIER TRL 7607 HURON AVE CHANHASSEN. MN 55317 -9609 CHANHASSEN, MN 55317 -9602 STEFEN & CYNTHIA L KEEN DANIEL W & AUDREY E FUELLING PAUL F & RITA M ROJINA 7606 GREAT PLAINS BLVD 222 77TH ST W 220 77TH ST W CHANHASSEN, MN 55317-7914 CHANHASSEN, MN 55317-9799 CHANHASSEN, MN 55317-9799 RAYMOND J & LYNETTE M BLEDSAW STEVEN F & BARBARA K SWANSON JASON L & MONICA A LEMCKE 7609 GREAT PLAINS BLVD 7608 HURON 20856 LANDER CT NW CHANHASSEN, MN 55317 -9768 CHANHASSEN , MN 55317 -9602 ELK RIVER, MN 55330 -1274 TRACY L & JANE M MESSER ARLIS A BOVY ROBERT T & SUSAN J WELLIVER 7608 GREAT PLAINS BLVD 7339 FRONTIER TRL 403 DEL RIO DR CHANHASSEN, MN 55317-7914 CHANHASSEN. MN 55317-9796 CHANHASSEN, MN 55317-9777 JAMES M & PATRICIA D MARTIN JOSHUA H PAINE AMY KVANT 3740 UNION TERRACE LN 7701 ERIE AVE 221 77TH ST W PLYMOUTH, MN 55441-2425 CHANHASSEN. MN 55317-9703 CHANHASSEN, MN 55317-9711 DANIEL J & JEANNE M BURKE RICHARD & KATHY GAVERT BLANCHE M SCHUTROP 225 77TH ST W 7701 FRONTIER TRL 168 FARMINGTON AVE NE CHANHASSEN, MN 55317 -9709 CHANHASSEN, MN 55317 -9712 BUFFALO, MN 55313 -4224 DENNIS & JANIS FISHER GEORGE D & MARGARET H SHORBA GEORGE A & JACOULYN K BIZEK 7501 ERIE AVE 311 77TH ST W 8750 POWERS BLVD CHANHASSEN, MN 55317-7903 CHANHASSEN, MN 55317-9798 CHANHASSEN, MN 55317-9001 DEAN M AKINS JOHN E & KAREN M KRAEMER JEFFREY W & MARY L BORNS PO BOX 390195 7703 ERIE AVE 7199 FRONTIER TRL EDINA , MN 55439 -0195 CHANHASSEN. MN 55317 -9612 CHANHASSEN , MN 55317 -9605 RONALD & ELAINE ROESER JESSE SCHNEIDER MARK J & JENNIFER D ANDERSON 222 CHAN VIEW 224 CHAN VIEW 226 CHAN VIEW CHANHASSEN, MN 55317 -9613 P O BOX 143 CHANHASSEN. MN 55317 -9613 CHANHASSEN, MN 55317 -0143 ALAN D FRIDGEN & TONJA ST MARTIN RICHARD A & ELIZABETH M NUSTAD LAURA ANN R FRIDGEN 207 CHAN VIEW 7721 ERIE AVE 7720 GREAT PLAINS BLVD CHANHASSEN , MN 55317 -9701 CHANHASSEN, MN 55317 -9713 CHANHASSEN, MN 55317 -9708 MARY E JANSEN ETAL GREGORY J & KAREN J ODASH JAMES & KELLEY A DEGROSS 7720 ERIE AVE 221 CHAN VIEW 3911 MEADOWVIEW LN CHANHASSEN, MN 55317 -9713 CHANHASSEN, MN 55317.9750 ELKO , MN 55020 -9538 CHANHASSEN REALTY CO THOMAS A & LYNN M PAULY C/O THIES & THALLE MGMT - PAM KEITH R & LISA KUPCHO 7721 FRONTIER TRL 470 78TH ST W 7723 FRONTIER TRL CHANHASSEN, MN 55317 -9712 STE 260 CHANHASSEN, MN 55317 -9712 CHANHASSEN, MN 55317 -4547 HAMID & KATAYOUN AZADEGAN BRIAN P & COLLEEN S NUSTAD JOHN W & PAULA J ATKINS 17559 TOFT CRV PO BOX 8 220 78TH ST W EDEN PRAIRIE, MN 55347 -1093 CHANHASSEN, MN 55317 -0008 CHANHASSEN, MN 55317 -9755 THOMAS J & JENNIFER WILDER RYAN M GAGSTETTER STEVEN R NELSON 21740 LILAC LN 224 78TH ST W 11923 BLUEGILL DR EXCELSIOR. MN 55331 -9029 CHANHASSEN, MN 55317 -9755 SAUK CENTRE, MN 56378 -4771 COLONIAL SQUARE LLC HERITAGE PARK APARTMENTS MARC J LARSEN & LARRY A & KATHLEEN A SCHROEDER C/O THIES & TALLE MGMT INC LAJEAN E BYLER 7720 FRONTIER TRL 470 78TH ST W ERIE AVE CHANHASSEN. MN 55317.9753 STE 260 CHANHASSEN, MN 55317 -9612 CHANHASSEN CHANHASSEN, MN 55317 -4547 , ALAN D FRIDGEN & TONJA ST MARTIN RICHARD A & ELIZABETH M NUSTAD LAURA ANN R FRIDGEN 207 CHAN VIEW 7721 ERIE AVE 7720 GREAT PLAINS BLVD CHANHASSEN , MN 55317 -9701 CHANHASSEN, MN 55317 -9713 CHANHASSEN, MN 55317 -9708 MARY E JANSEN ETAL GREGORY J & KAREN J ODASH JAMES & KELLEY A DEGROSS 7720 ERIE AVE 221 CHAN VIEW 3911 MEADOWVIEW LN CHANHASSEN, MN 55317 -9713 CHANHASSEN, MN 55317.9750 ELKO , MN 55020 -9538 CHANHASSEN REALTY CO THOMAS A & LYNN M PAULY C/O THIES & THALLE MGMT - PAM KEITH R & LISA KUPCHO 7721 FRONTIER TRL 470 78TH ST W 7723 FRONTIER TRL CHANHASSEN, MN 55317 -9712 STE 260 CHANHASSEN, MN 55317 -9712 CHANHASSEN, MN 55317 -4547 HAMID & KATAYOUN AZADEGAN BRIAN P & COLLEEN S NUSTAD JOHN W & PAULA J ATKINS 17559 TOFT CRV PO BOX 8 220 78TH ST W EDEN PRAIRIE, MN 55347 -1093 CHANHASSEN, MN 55317 -0008 CHANHASSEN, MN 55317 -9755 THOMAS J & JENNIFER WILDER RYAN M GAGSTETTER STEVEN R NELSON 21740 LILAC LN 224 78TH ST W 11923 BLUEGILL DR EXCELSIOR. MN 55331 -9029 CHANHASSEN, MN 55317 -9755 SAUK CENTRE, MN 56378 -4771 COLONIAL SQUARE LLC CHANHASSEN MEDICAL ARTS LP PAUL G EIDEM & C/O THIES & TALLE-ATTN K TALLE C/O THIES & TALLE ENTERPRISES ANDREA FGRIFFITH 470 78TH ST W 470 78TH ST W 7727 FRONTTIERIER TRL SUITE 260 CHANHASSEN, MN 55317 -9745 STE 260 CHANHASSEN, MN 55317 -4547 CHANHASSEN , MN 55317 -9712 CHANHASSEN. CHURCH OF ST HUBERT BLOOMBERG COMPANIES INC RIESE FAMILY PROPERTIES LLC 8201 MAIN ST PO BOX 730 9154 SUNNYVALE DR CHANHASSEN. MN 55317 -9647 CHANHASSEN . MN 55317 -0730 CHANHASSEN, MN 55317 -8532 ACTION WEST INC CENTERPOINT ENERGY MINNEGASCO DBA RE/MAX ACTION WEST ATTN: PROPERTY ACCOUNTING G L B PROPERTIES LLC 7811 GREAT PLAINS BLVD 800 LASALLE AVE -FLOOR 11 1831 KOEHNEN CIR CHANHASSEN, MN 55317 -9465 PO BOX 59038 EXCELSIOR, MN 55331 -9051 MINNEAPOLIS. MN 55459 -0038 Chapel Hill Academy Planning Case No. 06-19 City of Chanhassen Location Map e tate Hwv 5 W Subject Site Dr E SCANNED OPENINGS II 26 (u-1 II t .ti DD DD DD WEST 78TH STREET Y IMIIIIIIIIIIIIII W. rap New mw. OOwW" GI 2411 a*Iww. RM*A. aw. inida.lr MpoaaM Dift FNIYY' ❑.uDwila.{a m lily (MhimdM Sgnirpl: 0/f Yoa.aSipolF0Mma1Wa SWI: Lpminl Ran u fm l: (woo Fort v FaaI u Coca (Z) lmM99(9ala Ow (D Ld6a.Mp9nlMlo (alvm on (da® u hire Mmaa(p./Fali.dpl pride A'OeaMoiu9U4a Me I/roo olow" pme IT4N'MMm®iJ pme WIOh RWal9Faal/r Ain.o SOURCE .... I.,,i n,w.,an. 14570 Marlin Aro • Won MMIM, MX S5344 Mm: 951 175 4940 • noa 952975IM lel F. allSo2M • W:....Wnwne�em AAaimWpilo.ama91agn4urt9,In.9WnaoM n96 npohaE. aWW a*nnn non n9aalaa. CITY OF CHANHASSEN STAFF REPORT PC DATE: May 16, 2006 CC DATE: June 12, 2006 REVIEW DEADLINE: June 13, 2006 CASE #: 06-19 BY: JM PROPOSAL: Request for a Conditional Use Permit for a motion (LID) display in a monument sign — CHAPEL HILL ACADEMY LOCATION: 306 West 78" Street Chanhassen, MN 55317 APPLICANT: Chapel Bill Academy 306 West 78`s Street Chanhassen, MN .55317 PRESENT ZONING: OI, Office and Institutional District 2020 LAND USE PLAN: Public/Semi-Public ACREAGE: 4.84 acres DENSITY: N/A SUMMARY OF REQUEST: Chapel Hill Academy is seeking a Conditional Use Permit for a motion (LID) display in a monument sign on property zoned Office & Institutional District. Staff is recommending approval of this request. Notice of this public bearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a conditional use permit is limited to whether or not the proposed conditional use permit meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the conditional use permit. This is a quasi-judicial decision. Chapel Hill Academy LED Sign CUP Planning Case No. 06-19 May 16, 2006 Page 2 PROPOSAL/SUMMARY Chapel Hill Academy is requesting a conditional use permit for an LED (light -emitting diode) sign to be located on the monument sign on property zoned Office & Institutional District (OI). The proposed site is located northeast of the intersection of West 78`h Street and Great Plains Boulevard at 306 West 78h Street. Access to the site is gained via Great Plains Boulevard. The sign will stand 5 feet in height, will have a total display area of 24 square feet and will be setback a minimum of 15 feet from all property lines. The LED motion sign will comprise 8.46 square feet of the sign display area. The actual letters will be 9 inches in height. The maximum brightness emitted from the LED display would be 5,000 nits (standard for outdoor LED signs) and the unit has automatic dimming and is adjustable. The LED sign will advertise school events as well as community events. E Chapel Hill Academy LED Sign CUP Planning Case No. 06-19 May 16, 2006 Page 3 APPLICABLE REGUATIONS Article XM, Section 20-1259 requires a conditional use permit for time and temperature (motion) signs. Chapter 20, Article IV, Conditional Uses. FINDINGS The Planning Commission shall recommend a conditional use permit and the City Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. Finding: The LID sign will display school and community events. It is a modern alternative to changeable letters. The sign will provide a convenient method of communication for the general public. The proposed sign should not adversely affect traffic safety. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: This use is consistent with the objectives of the city's comprehensive plan and the zoning ordinance by providing a viable means to identify Chapel Hill Academy as well as providing information on upcoming events. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: Staff believes that the LID display has been designed and will be constructed, operated and maintained so as to be compatible in appearance with the existing character of the site. This display will not change the essential character of the area 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The LED display will not be hazardous to existing or planned neighboring uses. It may be considered a benefit for those traveling on West 78m Street. The proposed sign will use the standard level of illumination for outdoor LID displays. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: Will be served adequately by essential public facilities and services, including streets, police and fine protection, drainage structures, refuse disposal, water and sewer systems Chapel Hill Academy LED Sign CUP Planning Case No. 06-19 May 16, 2006 Page 4 and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 7. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The proposed sign complies with size restrictions of the zoning ordinance and will not be a distraction. The proposed sign will use the standard level of illumination for outdoor LED displays. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 10. Will be aesthetically compatible with the area. Finding: Will be aesthetically compatible with the area. 11. Will not depreciate surrounding property values. Finding: Will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: Will comply with the City Code sign standards. Chapel Hill Academy LED Sign CUP Planning Case No. 06-19 May 16, 2006 Page 5 RECONVAENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Conditional Use Permit 06-19 for use of a LED display within a monument sign with the following conditions: 1. The applicant must obtain both a sign permit and building permit prior to erecting the sign. 2. The foundation and sign connections (i.e. bolt type, bolt size, embedment and location) must be designed by a structural engineer. 3. The site plan must be revised to show the proposed location of the monument sign showing property line setback dimensions." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Public Hearing Notice and Affidavit of Mailing. 4. Site Plan. 5. Sign Details & Elevations. 9:Nplan\2000 phmning cases\06-19 chapel hill academy sign cup\staff repon.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Chapel Hill Academy for a Conditional Use Permit for a motion (LED) display in a monument sign on property zoned Office & Institutional District (01) at 306 West 78d' Street — Planning Case No. 06-19. On May 16, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Chapel Hill Academy for a Conditional Use Permit for a motion (LED) display in a monument sign on property zoned Office & Institutional District (01) at 306 West 78'b Street. The Planning Commission conducted a public hearing on the proposed conditional use permit that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Office & Institutional District (01). 2. The property has a Land Use Designation of Public/Semi-Public. 3. The legal description of the property is legally described in Exhibit A. 4. The Planning Commission shall recommend a conditional use permit and the City Council shall issue such conditional use permit only if it finds that such use at the proposed location: a. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. c. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fine protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. I L Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 5. The planning report #06-19 Conditional Use Permit dated May 16, 2006, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approves Conditional Use Permit #06-19 to for a motion (LID) display in a monument sign on property zoned Office & Institutional District (OI). ADOPTED by the Chanhassen Planning Commission on this 16th day of May, 2006. C�1:/:\�I./:[.�.��1�13rI:\�1►11�[tZK� vlvl Y.` [SQ1 Io Planning Commission Chairperson g:\plan\2006 planning cases\06-19 chapel hill academy sign cup\Fndings of fact.doc 2 The undesignated parcel as shown on the recorded plat of ST. HUBERTUS in the Southwest Quarter of the Southeast Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota, except the two following described parcels: Exception No. 1: The west 18.00 feet of said undesignated parcel. Exception No.2: That part of said undesignated parcel described as commencing at the southwest comer of Block 1, of said plat as monumented by a 6" x 6" stone (marked Block Comer); thence westerly, along the westerly extension of the south line of said block as monumented by 6" x 6" stones, to the intersection with the west right-of-way line of Frontier Trail (formerly known as St. Francis Street); thence on an assumed bearing of North 0 degrees 45 minutes 48 seconds East along said west right-of-way line a distance of 367.00 feet, to the point of beginning of the land to be described; thence North 89 degrees 14 minutes 12 seconds West a distance of 100.00 feet; thence North 0 degrees 45 minutes 48 seconds East a distance of 99.17 feet, to the north line of said undesignated parcel; thence South 89 degrees 15 minutes 40 seconds East, along said north line, a distance of 100.00 feet to the northeast comer of said undesignated parcel; thence South 0 degrees 45 minutes 48 seconds West, along said east line, a distance of 99.21 feet to the point of beginning. CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION EWA Planning Case No. ICI RECEIVED APR 14 2005 CCiY OF CHANHASSEN NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit _X Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision' Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrew4oLflling Fees/Attorney Cost" $50 CU PRNACNAR/WAP/Metes & Bounds inor SUB TOTAL FEE $ `) 75� PA Ct-A 17314 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 81h" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (".tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: LOCATION: 30 LEGAL DESCRIPTION: TOTALACREAGE: WETLANDS PRESENT: YES _ X NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: ✓(� op' REQUESTED LAND USE DESIGNATION: savKq— NO REASON FOR REQUEST:�c (nn oo� WO a.I IS lik Alo.el c, C. HF This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Of Fee Date -ld -o Date C:\Documents and Settings\ abrahamson\Local Settings\Temporary Internet Files\OLKWevelopment Review Appllcation.DOC Rev. 12/05 SCANNED 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 May 4, 2006, 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 Chapel Hill Academy — Planning Case 06-19 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. Kajen J. Eng lh dt, De y Clerk Subscribed and sworn to before me this q" day of Mc, 2006. cxSLO�`- Notary Pu c 7Notarypuboc-mln��nesota UWIEN Mpires {CANNED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 16, 2006 at 7:00 P.M. This hearing may not start until later In the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Conditional Use Permit for an LED monument sign — Planning Case 06-19. Applicant: Chapel Hill Academy Property 306 West 78"Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 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/sery/plan/06-19.htmi. If you wish to talk to someone about this project, please contact Josh Questions & Metzer by email at imetzer@ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. 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 item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota 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, May 16, 2006 at 7:00 p.m. This hearing may not start until later In the evening, depending on the order of theagenda. Location: City Hall Council Chambers 7700 Market Blvd. Proposal: Request for a Conditional Use Permit for an LED monument si n — Planning Case 06-19. Applicant: Cha el Hill Academ Property 306 West 78 Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the 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/06-19.htmi. If you wish to talk to someone about this project, please contact Josh Questions & Metzer by email at imetzer@ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. 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 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 commerclalrindustrial. • 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. This map is neither a legally recorded map nor a survey and is not inh nded to be wed as one. This map is a comilation of records, information and data locatnd in various city. county, state and federal offices and other sources regarding the area shown, and is to be used for reference W Noses only. The City does not vrarant that the Geographic Information System (GIS) Data used to pre wre this map are error free, and the CIN does rwt represent that the GIS Data can be used for navigational, iraclung or any other purbose requiring exacting measurement of distance or direction or precision in Me depiction of geographic features. If errors or discrepancies are found please coMaet 952-22]-110]. The preceding disclaimer is providedl Wrsuam to Minnesota Statutes §a66.W, Subd. 21 (2000), and the user of INS map scknoWedges Mat the City steal not be liable for any damages. and expleavy waves all blains, and agrees to defend, indennify, and hold hamiess Me City from any and all darts brought by User, its employees or agents, or third parties A ich ansa out of the assts access or use Of data provided. This map is neither a legally recorded map nor a survey and is nat Intended to be used as one. This map is a mnpilation of re ends, infeur, ation and data located in various dry, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes oriy. The City does not mirant that Me Geographic Infomlation System (GIS) Data used to prepare this nap are error tree, and Me City does not represent Mat Me GIS Data can be used for navigational, tracking or any other puriose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If enters or distomparaes aro found please centact 952-22]-110]. The preceding dscla cer is provided Wrsuaa b Minnesota Stamen ¢166.03, Subd. 21 (20WA and the user of this map acknoWedges Mat Me City gall Not be Imbfe for any danages, and aNreaUy waives all dam, and agrees to defad, Indian". and hdtl hamiess the City from any and all Barrs brought by User, its employees or agents, or Mid parties which atlas, out W IM users access or use of dale provided, DONALD D & MARY GOETZE DOUGLAS J & WENDY K SUEDBECK LAURA LEE HEIM BAUMTROG 7610 FRONTIER TRL 7605 GREAT PLAINS BLVD PO BOX 296 CHANHASSEN . MN 55317 -9609 CHANHASSEN . MN 55317 -9768 CHANHASSEN . MN 55317 -0296 DEAN A ROERICK & CHARLES STINSON ETAL BERNARD A & COLEEN M POIRIER JENNIFER L STODOLA 4733 EASTWOOD RD 304 77TH ST W 7604 GREAT PLAINS BLVD HOPKINS , MN 55345 -2416 CHANHASSEN , MN 55317 -9798 CHANHASSEN , MN 55317 -7914 WILLIAM P HANSON KAREN L ZELLNER & KEITH BARTRAM & 7607 GREAT PLAINS BLVD FLORENCE H COLEMAN JESSICA LEE CHANHASSEN , MN 55317 -9768 7616 FRONTIER TRL 7607 HURON AVE CHANHASSEN , MN 55317 -9609 CHANHASSEN , MN 55317 -9602 STEFEN & CYNTHIA L KEEN DANIEL W & AUDREY E FUELLING PAUL F & RITA M ROJINA 7606 GREAT PLAINS BLVD 222 77TH ST W 220 77TH ST W CHANHASSEN , MN 55317 -7914 CHANHASSEN , MN 55317 -9799 CHANHASSEN , MN 55317 -9799 RAYMOND J & LYNETTE M BLEDSAW STEVEN F & BARBARA K SWANSON JASON L & MONICA A LEMCKE 7609 GREAT PLAINS BLVD 7608 HURON 20856 LANDER CT NW CHANHASSEN , MN 55317 -9766 CHANHASSEN , MN 55317 -9602 ELK RIVER, MN 55330 -1274 TRACY L & JANE M MESSER ARLIS A BOVY ROBERT T & SUSAN J WELLIVER 7608 GREAT PLAINS BLVD 7339 FRONTIER TRL 403 DEL RIO DR CHANHASSEN , MN 55317 -7914 CHANHASSEN . MN 55317 -9796 CHANHASSEN , MN 55317 -9777 JAMES M & PATRICIA D MARTIN JOSHUA H PAINE AMY KVANT 3740 UNION TERRACE LN 7701 ERIE AVE 221 77TH ST W PLYMOUTH, MN 55441 -2425 CHANHASSEN , MN 55317 -9703 CHANHASSEN , MN 55317 -9711 DANIEL J & JEANNE M BURKE RICHARD & KATHY GAVERT BLANCHE M SCHUTROP 225 77TH ST W 7701 FRONTIER TRL 168 FARMINGTON AVE NE CHANHASSEN , MN 55317 -9709 CHANHASSEN , MN 55317 -9712 BUFFALO, MN 55313 -4224 DENNIS & JANIS FISHER GEORGE D & MARGARET H SHORBA GEORGE A & JACOULYN K BIZEK 7501 ERIE AVE 311 77TH ST W 8750 POWERS BLVD CHANHASSEN . MN 55317 -7903 CHANHASSEN . MN 55317 -9798 CHANHASSEN , MN 55317 -9001 DEAN M AKINS JOHN E & KAREN M KRAEMER JEFFREY W & MARY L BORNS PO BOX 390195 7703 ERIE AVE 7199 FRONTIER TRL EDINA , MN 56439 -0195 CHANHASSEN , MN 55317 -9612 CHANHASSEN , MN 55317 -9605 RONALD & ELAINE ROESER JESSE SCHNEIDER MARK J & JENNIFER D ANDERSON 222 CHAN VIEW 224 CHAN VIEW 226 CHAN VIEW CHANHASSEN, MN 55317 -9613 P O BOX 143 CHANHASSEN, MN 55317 -9613 CHANHASSEN, MN 55317 -0143 ALAN D FRIDGEN 8 TONJA ST MARTIN RICHARD A & ELIZABETH M NUSTAD LAURA ANN R FRIDGEN 207 CHAN VIEW 7721 ERIE AVE 7720 GREAT PLAINS BLVD CHANHASSEN, MN 55317-9708 CHANHASSEN, MN 55317 -9701 CHANHASSEN, MN 55317 -9713 MARY E JANSEN ETAL GREGORY J & KAREN J ODASH JAMES & KELLEY A DEGROSS 7720 ERIE AVE 221 CHAN VIEW 3911 MEADOWVIEW LN CHANHASSEN, MN 55317 -9713 CHANHASSEN, MN 55317 -9750 ELKO , MN 55020 -9538 HERITAGE PARK APARTMENTS MARC J LARSEN & LARRY A & KATHLEEN A SCHROEDER C/O THIES & TALLE MGMT INC KEITH R & LISA KUPCHO 7720 FRONTIER TRL 470 78TH ST W LAJEAN E BYLER CHANHASSEN, MN 55317 -9753 STE 260 7706 ERIE AVE CHANHASSEN. MN 55317 -9745 CHANHASSEN, MN 55317 -4547 CHANHASSEN, MN 55317 -9612 C ALAN D FRIDGEN 8 TONJA ST MARTIN RICHARD A & ELIZABETH M NUSTAD LAURA ANN R FRIDGEN 207 CHAN VIEW 7721 ERIE AVE 7720 GREAT PLAINS BLVD CHANHASSEN, MN 55317-9708 CHANHASSEN, MN 55317 -9701 CHANHASSEN, MN 55317 -9713 MARY E JANSEN ETAL GREGORY J & KAREN J ODASH JAMES & KELLEY A DEGROSS 7720 ERIE AVE 221 CHAN VIEW 3911 MEADOWVIEW LN CHANHASSEN, MN 55317 -9713 CHANHASSEN, MN 55317 -9750 ELKO , MN 55020 -9538 HAMID & KATAYOUN AZADEGAN BRIAN P & COLLEEN S NUSTAD JOHN W & PAULA J ATKINS 17559 TOFT CRV PO BOX 8 220 78TH ST W EDEN PRAIRIE, MN 55347 -1093 CHANHASSEN, MN 55317 -0008 CHANHASSEN, MN 55317 -9755 THOMAS J & JENNIFER WILDER RYAN M GAGSTETTER STEVEN R NELSON 21740 LILAC LN 224 78TH ST W 11923 BLUEGILL DR EXCELSIOR, MN 55331 -9029 CHANHASSEN, MN 55317 -9755 SAUK CENTRE, MN 56378 -4771 COLONIAL SQUARE LLC CHANHASSEN REALTY CO THOMAS A & LYNN M PAULY C/O THIES & THALLE MGMT - PAM KEITH R & LISA KUPCHO 7721 FRONTIER TRL 470 78TH ST W 7723 FRONTIER TRL CHANHASSEN, MN 55317 -9712 STE 260 CHANHASSEN, MN 55317 -9712 CHANHASSEN. MN 55317 -9745 CHANHASSEN. MN 55317 -4547 CHANHASSEN, MN 55317 -9712 HAMID & KATAYOUN AZADEGAN BRIAN P & COLLEEN S NUSTAD JOHN W & PAULA J ATKINS 17559 TOFT CRV PO BOX 8 220 78TH ST W EDEN PRAIRIE, MN 55347 -1093 CHANHASSEN, MN 55317 -0008 CHANHASSEN, MN 55317 -9755 THOMAS J & JENNIFER WILDER RYAN M GAGSTETTER STEVEN R NELSON 21740 LILAC LN 224 78TH ST W 11923 BLUEGILL DR EXCELSIOR, MN 55331 -9029 CHANHASSEN, MN 55317 -9755 SAUK CENTRE, MN 56378 -4771 COLONIAL SQUARE LLC CHANHASSEN MEDICAL ARTS LP C/O THIES & TALLE-ATTN K TALLE C/O THIES & TALLE ENTERPRISES PAUL G EIDEM & 470 78TH ST W 470 78TH ST W ANDREA F GRIFFITH SURE 260 STE 260 7727 FRONTIER TRL CHANHASSEN. MN 55317 -9745 CHANHASSEN, MN 55317-4547 CHANHASSEN, MN 55317 -9712 CHURCH OF ST HUBERT BLOOMBERG COMPANIES INC RIESE FAMILY PROPERTIES LLC 8201 MAIN ST PO BOX 730 9154 SUNNYVALE DR CHANHASSEN. MN 55317 -9647 CHANHASSEN, MN 55317 -0730 CHANHASSEN, MN 55317 -8532 ACTION WEST INC CENTERPOINT ENERGY MINNEGASCO DBA RE/MAX ACTION WEST ATTN: PROPERTY ACCOUNTING G L B PROPERTIES LLC 7811 GREAT PLAINS BLVD B00 LASALLE AVE -FLOOR 11 1831 KOEHNEN CIR CHANHASSEN, MN 55317 -9465 PO BOX 59038 EXCELSIOR, MN 55331 -9051 MINNEAPOLIS, MN 55459 -0038 SCANNED { \ | |! \LU!M =,!j} \�! -- w ¢<. , )� NR . 73 � 1/ -` � - ! / : . . . § { a. t CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL 6/22/06 Nelson Document E Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 6/12/06 06-19 Conditional Use Permit (Chapel Hill Academy LED Sign) 1 6/12/06 06-21 Conditional Use Permit(T-Mobile Fence THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS COPY TO: Chapel Hill Academy T -Mobile ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ® For Recording ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED: (im Meuwissen, (952) 27-1107 M enclosures are not as noted, kindly notify us at once. SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES CONDITIONAL USE PERMIT #06-19 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Construction of a monument sign with a motion (LED) display on property zoned Office & Institutional District (OI). 2. Property. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: See attached "Exhibit A" 3. Conditions. The permit is issued subject to the following conditions: 1. The applicant must obtain both a sign permit and building permit prior to erecting the sign. 2. The foundation and sign connections (i.e. bolt type, bolt size, embedment and . location) must be designed by a structural engineer. 3. The site plan must be revised to show the proposed location of the monument sign showing property line setback dimensions. 4. Brick used on monument sign shall match principal structure. 5. Usage of LED sign shall be limited to the hours between 6:00am to 10:00pm. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. LME- If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: June 12, 2006 CITY OF CHANHASSEN By: i✓ Thomas A. Furlo or By4VO, ' - Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thiF,,Vf day of Zu rt -p_ 2006, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. ° a KIM T. MEUWISSEN ? Notary Public -Minnesota My COlnn MSIOn Expires Jan 31, 2010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Boz 147 Chanhassen, MN 55317 (952)227-1100 Fa Notary Public The undesignated parcel as shown on the recorded plat of ST. HUBERTUS in the Southwest Quarter of the Southeast Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota, except the two following described parcels: Exception No. 1: The west 18.00 feet of said undesignated parcel. Exception No.2: That part of said undesignated parcel described as commencing at the southwest comer of Block 1, of said plat as monumented by a 6" x 6" stone (marked Block Corner); thence westerly, along the westerly extension of the south line of said block as monumented by 6" x 6" stones, to the intersection with the west right-of-way line of Frontier Trail (formerly known as St. Francis Street); thence on an assumed bearing of North 0 degrees 45 minutes 48 seconds East along said west right-of-way line a distance of 367.00 feet, to the point of beginning of the land to be described; thence North 89 degrees 14 minutes 12 seconds West a distance of 100.00 feet; thence North 0 degrees 45 minutes 48 seconds East a distance of 99.17 feet, to the north line of said undesignated parcel; thence South 89 degrees 15 minutes 40 seconds East, along said north line, a distance of 100.00 feet to the northeast comer of said undesignated parcel; thence South 0 degrees 45 minutes 48 seconds West, along said east line, a distance of 99.21 feet to the point of beginning. M 0%-15 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Chapel Hill Academy for a Conditional Use Permit for a motion (LED) display in a monument sign on property zoned Office & Institutional District (01) at 306 West 786' Street — Planning Case No. 06-19. On May 16, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Chapel Hill Academy for a Conditional Use Permit for a motion (LID) display in a monument sign on property zoned Office & Institutional District (OI) at 306 West 78`s Street. The Planning Commission conducted a public hearing on the proposed conditional use permit that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Office & Institutional District (01). 2. The property has a Land Use Designation of Public/Semi-Public. 3. The legal description of the property is legally described in Exhibit A. 4. The Planning Commission shall recommend a conditional use permit and the City Council shall issue such conditional use permit only if it finds that such use at the proposed location: a. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. c. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. SCANNED f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 5. The planning report #06-19 Conditional Use Permit dated May 16, 2006, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approves Conditional Use Permit #06-19 to for a motion (LID) display in a monument sign on property zoned Office & Institutional District (OI). ADOPTED by the Chanhassen Planning Commission on this 16th day of May, 2006. CHANHASSEN PLANNING gAplan\2006 planning cases\06-19 chapel hill academy sign cupTindings of fact.doc FJ .q.11: 1 The undesignated parcel as shown on the recorded plat of ST. HUBERTUS in the Southwest Quarter of the Southeast Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota, except the two following described parcels: Exception No. 1: The west 18.00 feet of said undesignated parcel. Exception No.2: That part of said undesignated parcel described as commencing at the southwest comer of Block 1, of said plat as monumented by a 6" x 6" stone (marked Block Corner); thence westerly, along the westerly extension of the south line of said block as monumented by 6" x 6" stones, to the intersection with the west right-of-way line of Frontier Trail (formerly known as St. Francis Street); thence on an assumed bearing of North 0 degrees 45 minutes 48 seconds East along said west right-of-way line a distance of 367.00 feet, to the point of beginning of the land to be described; thence North 89 degrees 14 minutes 12 seconds West a distance of 100.00 feet; thence North 0 degrees 45 minutes 48 seconds East a distance of 99.17 feet, to the north line of said undesignated parcel; thence South 89 degrees 15 minutes 40 seconds East, along said north line, a distance of 100.00 feet to the northeast comer of said undesignated parcel; thence South 0 degrees 45 minutes 48 seconds West, along said east line, a distance of 99.21 feet to the point of beginning. ocC - is CHANHASSEN CITY COUNCIL REGULAR MEETING JUNE 12, 2006 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilwoman Tjomhom, Councilman Peterson and Councilman Lundquist COUNCIL MEMBERS ABSENT: Councilman Labatt STAFF PRESENT: Todd Gerhardt, Justin Miller, Paul Oehme, Todd Hoffman and Kate Aanenson and Roger Knutson PUBLIC PRESENT: Pat & Keith Gunderson Cindy & Chris Anderson Gail Thorsland Rich & Joan Wright Gil & Margaret Laurent PUBLIC ANNOUNCEMENTS: 6661 Mohawk Drive 6680 Lotus Trail 6680 Lotus Trail 6640 Lotus Trail 24760 Cedar Point Road Mayor Furlong: Welcome everybody. We're glad that you joined us. Those here in the council chambers and those watching at home. At this point I would like to ask if there are any changes or modifications to the agenda. If there are none we'll proceed with that agenda that was published with the packet. Hearing none we'll move forward. CONSENT AGENDA: Councilman Lundquist moved, Councilman Peterson seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated May 22, 2006 -City Council Verbatim and Summary Minutes dated May 22, 2006 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated May 16, 2006 C. Approval of NPDES Annual Report. d. Chapel Hill Academy, 306 West78th Street: Approval of a Conditional Use Permit to allow a Monument Sign with LED Lighting. SCANNED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 06-19 NOTICE IS HEREBY GI V EN that the Chanhassen Planning Commimionwillholda publichearing on Tuesday, May 16, 2006, 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 fora Conditional Use Permit for an LED monument sign on property located at 3o6 west 78th Street Applicant: Chapel Hill Academy. A plan showing the location of the proposal is available for public review on the City's web site at www ci chanha en mn / / plan/_ OG19ht��oratCityHallduring regularbusinesshours. Alinterested persons are invited to attend this Public hearing and express their opinions with respect to this proposal. Josh Metzer, Planner I Email: jmetzerC-ci.chanhassen.mn.us Phone: 952-227-1132 (PublishedintheChanhassen Villager on Thursday. May 4, 2006; No. 4661) 06-19 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 7� was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as pan of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijkhmtopgrstuvwxyz y Laurie A. Hartmann Subscribed and sworn before me on this 4� y of 2006 Notary Public «..� GWEN M. RADUENZ J _ NOTARY PUi)LIC-MMM7E50TA My Conncsbi EOM 31,2010 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter ................................ $40.00 per column inch Rate actually charged for the above matter ............................................... $11.51 per column inch SCANNED RECEIVED —, APR 14 2006 a: 1; ,fel OF CHANHASSEN 1 �' ,, 1 •t t l SCANNED J d■ nkt t. i low I 'x� _sem.. �Y r .4• !� � _ •., � .�of.t �>-;'- � �r r,, �•, .•� � t rfa „► �y 5-1 Y� .� < �--�-it,.4- r �•• �+�'�r,sa " 4� � `�s,r � _ - .♦ i�� ..4rY�-�. rr: t`i"1#_!1�'RyS''?, r.}.•..�,i Xiw' ,�(�.^.�Fa j�l''t �i%� t.i' .i'.� r }.� . t, 4 r •;•rr„t �+ i /•°__ "'; r .• l: F -tit. OL: . •`34'4 _. r }_ _r.• `..�` _ ,..r jf fu♦ I . �k < i1•..� :. 4 r _ �e II, W. W Top View , r , Side View RECEIVED APR 14 2006 CITY OF CHANHASSEN $CANNED (tower: (hapel HA Academy Est t. 2491 Project Manager: Jim Abrahamson Designer. Tom Schommei I Approved By: Dote. File location: F]A-Z EI Transfer N Toms Mat File Nome: NA Monument. at Sign Type: D/F MmumentSign w/ IED Message (enter Size 1: See Drawing Size 2: xx Font I: (opperplme Font 2: xx Font 3: xx Color (1) Beep Blue (abater (olor Q Sunflower Yellow letters color © xx (olor Q xx Part Q 24" z 60" x 24" Brick (olums to Match Bldg. Part Q limestone (aps w/ Rock Face Edge Part Q 20' Deep Aluminum (abinel Part Q 1/2" Dimensional letters Pod Q 13" x 94" Amber IED Pond Port 0 Digitally Printed logo on 1/2" Aluminum SOURCE CREATIVE SOLUTIONS 14530 Martin Drive w Eden Prairie, MN 55344 Phone: 952.975.4940 • Fox: 952.975.9209 Tall Fee: 877861-8270 • Web: www.sigrosource .mat This drawing is the property of SignSou¢e, In(andmay not he used, reproduced a diwlased without rntlen authoritarian. A W C11 STAFF REPORT PROPOSAL: Request for a Conditional Use Permit for a motion (LED) display in a monument sign — CHAPEL HILL ACADEMY LOCATION: 306 West 78s' Street Chanhassen, MN 55317 APPLICANT: Chapel Hill Academy 306 West 78°i Street Chanhassen, MN 55317 PRESENT ZONING: OI, Office and Institutional District 2020 LAND USE PLAN: Public/Semi-Public ACREAGE: 4.84 acres DENSITY: N/A SUMMARY OF REQUEST: Chapel Hill Academy is seeking a Conditional Use Permit for a motion (LED) display in a monument sign on property zoned Office & Institutional District. Staff is recommending approval of this request. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a conditional use permit is limited to whether or not the proposed conditional use permit meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the conditional use permit. This is a quasi-judicial decision. Chapel Hill Academy LED Sign CUP Planning Case No. 06-19 May 16, 2006 Page 2 PROPOSAL/SUMMARY Chapel Hill Academy is requesting a conditional use permit for an LID (light -emitting diode) sign to be located on the monument sign on property zoned Office & Institutional District (01). The proposed site is located northeast of the intersection of West 78h Street and Great Plains Boulevard at 306 West 78'" Street. Access to the site is gained via Great Plains Boulevard. The sign will stand 5 feet in height, will have a total display area of 24 square feet and will be setback a minimum of 15 feet from all property lines. The LID motion sign will comprise 8.46 square feet of the sign display area. The actual letters will be 9 inches in height. The maximum brightness emitted from the LED display would be 5,000 nits (standard for outdoor LED signs) and the unit has automatic dimming and is adjustable. The LED sign will advertise school events as well as community events. L 11 ►fag X1.7 E* 1 �ed Sft E Chapel Hill Academy LED Sign CUP Planning Case No. 06-19 May 16, 2006 Page 3 APPLICABLE REGUATIONS Article XXVI, Section 20-1259 requires a conditional use permit for time and temperature (motion) signs. Chapter 20, Article IV, Conditional Uses. FINDINGS The Planning Commission shall recommend a conditional use permit and the City Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. Finding: The LID sign will display school and community events. It is a modem alternative to changeable letters. The sign will provide a convenient method of communication for the general public. The proposed sign should not adversely affect traffic safety. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: This use is consistent with the objectives of the city's comprehensive plan and the zoning ordinance by providing a viable means to identify Chapel Hill Academy as well as providing information on upcoming events. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: Staff believes that the LID display has been designed and will be constructed, operated and maintained so as to be compatible in appearance with the existing character of the site. This display will not change the essential character of the area. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The LED display will not be hazardous to existing or planned neighboring uses. It may be considered a benefit for those traveling on West 78`s Street. The proposed sign will use the standard level of illumination for outdoor LID displays. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems Chapel Hill Academy LED Sign CUP Planning Case No. 06-19 May 16, 2006 Page 4 and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 7. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The proposed sign complies with size restrictions of the zoning ordinance and will not be a distraction. The proposed sign will use the standard level of illumination for outdoor LED displays. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 10. Will be aesthetically compatible with the area. Finding: Will be aesthetically compatible with the area. 11. Will not depreciate surrounding property values. Finding: Will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: Will comply with the City Code sign standards. Chapel Hill Academy LED Sign CUP Planning Case No. 06-19 May 16, 2006 Page 5 RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Conditional Use Permit 06-19 for use of a LED display within a monument sign with the following conditions: 1. The applicant must obtain both a sign permit and building permit prior to erecting the sign. 2. The foundation and sign connections (i.e. bolt type, bolt size, embedment and location) must be designed by a structural engineer. 3. The site plan must be revised to show the proposed location of the monument sign showing property line setback dimensions." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Public Hearing Notice and Affidavit of Mailing. 4. Site Plan. 5. Sign Details & Elevations. gAplan\2006 planning cases\06-19 chapel hill academy sign cup\staff report.doc CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 05/10/2006 10:34:45 AM Receipt No. 0010287 CLERK: katie PAYEE: SIGNSOURCE PLANNING CASE #06-19 CHAPEL HILL ACADEMY ------------------------------------------------------- GIS List 180.00 Total Cash Check 017494 Change 180.00 0.00 180.00 0.00 Oz, -19 SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 CM OF (952) 227-1100 To: Jim Abrahamson Sign Source 14530 Martin Drive Eden Prairie, MN 55344 Ship To: Invoice SALESPERSON DATE TERMS KTM 5/4/06 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 60 Property Owners List within 500' of Chapel Hill Academy (60 labels) 53.00 S160.00 TOTAL DUE $160.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be Paid prior to the public hearing scheduled for May 16 2006. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #06-19. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESSI SCANNED GE 4-0.,e S< mF �. Al •, � • lLL q�, :•'y� a w't �` 1 Est. 1910 CHAPEL HILL ACADEMY Mill 00. a�r�irr�ri�� a +-i `r -'a I I Top Vfew RECEIVED APR 14 Z006 CITY OF CHANHASSEN aide View r 28.00 in SCANNED I I 111 E E I (ustomer- (hoped H11 Academy Est; 2491 Projer1Manager: Jim Abrahamson Designer: Tom Schommer Approved By: Date: rile Location: ❑ A-7 Q Transfer E Tom's Me[ fide Name: (NA Monumental Drawing Details: 0:0 Sign Type: 0 / F Monument Sign w/ LED Message (enter Size I: See Drawing Size 2: xx Font 1: Copperplate Font 2: xx Font 3: xx ColorAQ Beep Blue Cabinet Color© Sunflower Yellow Letters Color © xx (Odor QD xx Materials & Substrates: Part Q 24" x 60" x 24" Brick Colums to Match Bldg. Part Q time clone Caps w/ Rack Face Edge Part Q 20" Deep Aluminum Cabinet Port Q 1/2' Dimensional Letters Part Q 13" x 94" Amber LED Panel Part Q Digitally Printed logo on 1/2" Aluminum Additional Prrl I Notes: X 44SOURCE CREATIVE SOLUTIONS 14530 Martin Drive w Eden Prairie, MN 55344 Phone: 952975.4940 • Fax: 952.975.9209 Toll Ree: 877861 8270 • Web: w«wsgn-wm<emm This drawing is the property of SignSource, Intand may not be mod, reproduced a disclosed without written outhaimfion. Review of request for a Conditional Use Permit for a monument sign at Chapel Hill Academy. Planning Case: 06-19 I have reviewed the plans for the above project and offer the following comments. These comments should be included in the conditions of approval. 1. A building permit is required. 2. Foundation design and sign connections (bolt size, embedment and location) to be by structural engineer. 3. Monument to be located by dimension on site plan. G/plan/2006 planning cascs/06-19 Chapel Hill Academy sign CUP/buildingofficialcomments CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 06-19 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 16, 2006, 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 a Conditional Use Permit for an LED monument sign on property located at 306 West 78th Street. Applicant: Chapel Hill Academy. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/sere/plan/06-19.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. Josh Metzer, Planner I Email: imetzer@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on May 4, 2006) SCANNED CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 04/17/2006 1:36:35 PM Receipt No. 0008374 CLERK: katie PAYEE: CHAPEL HILL ACADEMY CHAPEL HILL ACADEM- PLANNING CASE 06-19 ------------------------------------------------------- Use & Variance 425.00 Recording Fees 50.00 Total Cash Check 017374 Change 475.00 0.00 475.00 0.00 RNID rLCAOr rrnry 1 Alp Planning Case No. %%( _ ) CI CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 RECEIVED Chanhassen, MN 55317 - (952) 227-1100 APR 14 2006 DEVELOPMENT REVIEW APPLICATION Cry CIF CHANHASSEN Applicant Name and Address: Owner Name and 970 11 3a 41 cw^ yM- We -,5f S Contact: „„ ^ za^ -s^ Contact a ,4 u/ge,m Phone:95-103. 916C, Fax: '15� - 967,3- �'/Z(, Phoney5a- 9c(<j- 90 1 Sf Fax: 95 9- 3S / Email: A�� 411 _ s z� Cr-nI Email: �1'�ae-fei)6C60 a 6*2., - t, l J NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment X Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' Rezoning YSign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X E w4oqiling Fees/Attorney Cost" $50 CU PR/VAC/VAR/WAP/Metes & Bounds Minor SUB TOTAL FEE $ `f7_5W 1)8 ct--A 17374 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: LOCATION: LEGAL DESCRIPTION: TOTAL ACREAGE: 4,( WETLANDS PRESENT: YES X NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: sa,,, SL REASON FOR REQUEST: S This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. of Applicant of Fee Date -/Q -o Date CADocuments and Settings\ abrahamson\Local Settings\Temporary Internet Files\01-1<30evelopment Review Application.DOC Rev. 12/05 SCANNED VACATED CHAN VIEW 0 EXISTING BUILDING N WOOD POST \ x ,x N GARAGE �Y J x Ova \ x FCONC, PAD ' 7 HOUSE V V I V M ° v -0- I I I—I CL' -HES 0 DD DD DD DD DD DD DD DD WEST 78TH STREET DD DD SCANNED Revbionc � Pr" I. fW.. W Westwood Professional Services, Inc. c 7599 Anagram Drive Eden Prairie, MN 55344 D„W7, PICW Phone: 952/937-5150 Fax: 952/937-5822 Reooad Dnwlac by/date Chapel Hill Academy Chanhassen, Minnesota RECEIVED APR 14 2006 CITY Of CHANHASSEN GRAPHIC SCALE 30 0 15 30 60 ( IN FEET ) 1 inch = 30 ft. Date: 7/27/05 Chapel Hill 1 19990 Academy Parking Lot Sketch S DEWALK yy o 26' 82 TOTAL STALLS �I i , 0 V� 24' C „ ONE s WAY 2 7 26' ,$ 2,1,.4/ r ti AV I o� g' AV 26' 4-- I, 9' i 12't 8' 10.5 C( y 2. , 2.4 1.7 WIDE OVERHANG 9 � O .I DR iINAGE I 26' 4—f OPENING 112't �--� N WOOD POST \ x ,x N GARAGE �Y J x Ova \ x FCONC, PAD ' 7 HOUSE V V I V M ° v -0- I I I—I CL' -HES 0 DD DD DD DD DD DD DD DD WEST 78TH STREET DD DD SCANNED Revbionc � Pr" I. fW.. W Westwood Professional Services, Inc. c 7599 Anagram Drive Eden Prairie, MN 55344 D„W7, PICW Phone: 952/937-5150 Fax: 952/937-5822 Reooad Dnwlac by/date Chapel Hill Academy Chanhassen, Minnesota RECEIVED APR 14 2006 CITY Of CHANHASSEN GRAPHIC SCALE 30 0 15 30 60 ( IN FEET ) 1 inch = 30 ft. Date: 7/27/05 Chapel Hill 1 19990 Academy Parking Lot Sketch Date: April 17, 2006 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I Subject: Request for Conditional Use Permit for an LID monument sign - CHAPEL HILL ACADEMY Planning Case: 06-19 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on April 14, 2006. The 60 -day review period ends June 13, 2006. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Comtnission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on May 16, 2006 at 7:00 p.m in the Council Chambers at Chanhassen City hall. We would appreciate receiving your comments by no later than May 5, 2006. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - l4. Other- CHAPEL HILL ACADEMY - PLANNING CASE 06-19 $425 Conditional Use Permit $50 Recording Escrow $475 $475 Sign Source Check 17374 SC '..: D