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CAS-29_ARBORETUM BUSINESS PARK LOT 4, BLOCK 4 PUD PLANM- c E 0 a w G m 0 50 100 150 SCALE IN FEET o C d y• e • c e 0Zs w, _ v - J Nit050 r. i C Ey: z v � I- b co co 0 :fa � Ice N w° h C d r C Z � N� C ro N O O I m T m C O a U m m y c 0 m o � o d`4 - Z9 Planning Commission Summary — September 7, 2004 2. Less than or equal to 60 degrees from horizontal of the beam. 3. Less than or equal to 60-watt incandescent light. 4. Aimed at a spot less than or equal to 10 feet from the ground. All voted in favor, except Lillehaug who opposed, and the motion carried with a vote of 4 to 1. PLANNING CASE NO.04-28. Public Present: Name Address Jim Ruelle 7200 Lodgepole Point Josh Metzer presented the staff report on this item. Commissioner Papke asked about the elevation difference between the subject house and the neighboring house. Commissioner Lillehaug asked if the City had a potential need for a full 9-foot side yard easement. Chairman Sacchet asked about the patio door, the angle the house was constructed on the lot, and the specifics of two previous variance requests in the neighborhood. Commissioner Keefe asked about the design of the porch and deck, and comparison of a similar variance. The applicant, Jim Ruelle, addressed the Planning Commission and answered questions from the Commission. After discussion, the following motion was made: Papke moved, Tjornhom seconded that the Planning Commission approves Variance 04-28 for a 6.75-foot setback as shown on the plans stamped "Received August 5, 2004" with the following conditions: 1. A building permit must be applied for within one year of approval of the variance or it shall become void. 2. The proposed addition must be built per plans stamped "Received August 05, 2004." 3. The proposed addition must not encroach into the existing 5 foot drainage and utility easement. All voted in favor, except Papke who opposed, and the motion carried with a vote of 4 to 1. PUBLIC HEARING: ADDITION, LOCATED SOUTH OF HIGHWAY 5, WEST OF CENTURY BOULEVARD 2 SCANNED Planning Commission Summary — September 7, 2004 AND NORTH OF CORPORATE PLACE, HELSENE PARTNERS, LLC — PLANNING CASE NO.04-29. Public Present: Name Address Chris Helsene, Helsene Partners, LLC Brenda M. Helsene, Helsene Partners, LLC Gene Helsene, Helsene Partners, LLC Robert Generous presented the staff report on this item. Commissioner Tjomhom asked if any other exceptions have been made for a retail store in the area. Commissioner Papke asked what the response would be from the existing floral shops in downtown Chanhassen who are paying retail property taxes. Commissioner Keefe asked about the existing personal service businesses on the site. Chairman Sacchet asked about the existing "borderline" retail stores located nearby (All About Lights, Buck's Unpainted Furniture, Sherwin-Williams, etc.). Commissioner Lillehaug asked what other types of retail would be allowed if approved. The applicant, Chris, Brenda and Gene Helsene of Helsene Partners, LLC, addressed the Planning Commission and answered questions from the Commission. After discussion, the following motion was made: Lillehaug moved, Papke(?) seconded that the Planning Commission recommends denial of the amendment to the Planned Unit Development (PUD #92-6) development design standards to permit retail uses based on the findings of fact and recommendation attached to the staff report dated September 7, 2004. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: Commissioner Keefe noted the verbatim and summary minutes of the Planning Commission meeting dated August 17, 2004 as presented. Chairman Sacchet adjourned the Planning Commission meeting at 8:40 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Kim Meuwissen 09-2`t Planning Commission Meeting — September 7, 2004 2. The proposed addition must be built per plans stamped "Received August 05, 2004." 3. The proposed addition must not encroach into the existing 5 foot drainage and utility easement. All voted in favor, except Papke who opposed, and the motion carried with a vote of 4 to 1. Sacchet: Looks like that is our ratio for tonight. Thank you very much. Good luck with your porch. With that, we get up to our third item. PUBLIC HEARING: AND NORTH OF CORPORATE PLACE, HELSENE PARTNERS, LLC — PLANNING CASE NO.04-29. Public Present: Name Address Chris Helsene, Helsene Partners, LLC Brenda M. Helsene, Helsene Partners, LLC Gene Helsene, Helsene Partners, LLC Robert Generous presented the staff report on this item. Generous: Thank you Mr. Chairman and Commissioners. Again, this is an amendment to an existing Planned Unit Development. It was designed to be a light industrial park. There are some commercials in the development. A hotel is going up across the street from this site. They do have a restaurant pad. However, retail uses were never anticipated as part of this project with one exception of the C-store on 82°d Street and Highway 41. Sacchet: The convenience store there? Generous: The convenience store, yes. Citgo. Arboretum Citgo. The design standards were very specific in that there would be the only one retail site within the development street and it would be on 82°d Street. That was intentionally put in there to provide for the large industrial base in Chaska just to the south of there and as a convenience retail opportunity for the rest of this development. The City has other areas that are currently guided and zoned for commercial uses just to the north of Highway 5 on Century there's a commercial center going in. That's where we believe retail operations should be located. There is an advantage to this site because it wasn't zoned commercial for retail uses. There is a different valuation type down there so we would put the other commercial sites at a disadvantage if we permit it in there. Staff is 23 Planning Commission Meeting — September 7, 2004 recommending denial of the amendment to the PUD. With that, I would be happy to answer any questions. Sacchet: Thanks, Bob. Questions for staff? Bethany, go ahead. Tjornhom: I want to have my standard question to you, Bob. Have you made other exceptions in this area for any retail store? Generous: Not within the PUD. There is, to the north of it, within the shopping center, the Century Plaza Development. Sacchet: Is that an exception? Generous: No, but that's really located in commercial for this area. The City, over time we've allowed commercial to creep out of our downtown because our downtown area has been planned for our primary commercial uses; however, we do allow some support commercial out within planned developments and they're out in other areas within the City but within the PUD, no. We have allowed personal services which are more office -type uses, but no retail with people coming in and buying an item and leaving. Tjornhom: And convince me why that's bad, or why is that what we don't want there. Generous: Because this is an area that was intended for more officelindustrial-type uses and once you start going away from that then, retail is a lot easier to get people in, especially if you have the price advantage that there is the potential for an industrial park to do. Land values in industrial parks are much less than in a straight commercial retail zoning category. Papke: I guess I do have a question. What do you think the response would be of the ... I guess this is intended to be a floral shop? Generous: A floral shop. Papke: What do you think the response would be of the existing floral shops in downtown Chanhassen who are paying retail property taxes and so on to this request? Generous: Of course they may be opposed to it but that... Sacchet: Steve? Dan? Do you have more questions, Bethany? Tjomhom: No. I don't think so. Sacchet: More questions? Steve? Dan? Keefe: The use that's in there, it looks like there's some, it's not really retail. You've got a restaurant, right? Subway. 24 Planning Commission Meeting — September 7, 2004 Generous: Yes. Keefe: Styles, that's a hair salon? Generous: Personal services. Keefe: Okay. That's personal services and karate is? Generous: It's on the personal services side... Keefe: Okay. So there is some sort of breadth of uses which you actually can go in there, personal services that are not specifically retail? Generous: Yes. Keefe: Okay. Sacchet: There are two parts of this building where you can, do we know what part the floral shop want? The big one on the south or the little one on the northwest? Generous: I believe it's the big one on the south part. Sacchet: Part of it? Now, we touched on what's in there currently. Subway is not considered retail? I mean, people come to buy something to go. Generous: Yes, but it we were looking at that as a commercial support, almost like a service. This was approved for up to 1.2 million square feet of office/industrial development and we wanted people to have an opportunity to get... Sacchet: Eat a sub but we don't want them to buy flowers? Generous: Well, then you turn it all into retail. Sacchet: I'm not trying to make a joke here but we have like borderline retail with the lighting store, with the furniture store and the paint shop over on the west side. That's not retail? Generous: Those were primarily geared toward supplying the builders and so they contract with like Lundgren Bros. and they'll outfit a whole house and then the contractor actually gets the stuff from there; however, it is open for people to come in, yes. Sacchet: So it is sort of retail. Keefe(?): A combination wholesale & retail. 25 Planning Commission Meeting — September 7, 2004 Sacchet: So it's kind of neither bird nor fish. I've used that before. People don't understand it in this country. Now there is an allowance of, what is it? Twenty percent or something that can be showroom or what? Generous: Yes. Sacchet: Where stuff that is manufactured on -site or assembled or ... now with fumiture and lighting, the assembly probably goes as far as taking it out of the box? Does that fall into that category? Generous: That went under the direction of Council. Council interpreted that that is an appropriate use in that location. Sacchet: So, could we possibly argue that a flower bouquet is assembled in a store? Generous: When they first came in they were arguing that they were providing a consulting service and most of their operation would be actually someplace else. Someone comes in and orders the arrangements for a wedding for instance; however, when we looked at it, we saw a flower shop. Sacchet: What I'm trying to hammer on here is, this is such a gray area. You rolled out big guns here saying it's contrary to code, to the comprehensive plan. It's hard to argue with that and then the property value aspect is very significant. Do we have more questions? Lillehaug: I have one quick one. Bob, can you give me ... we keep talking flower shop. What does this actually open up the door for? Are we specifically requesting for a flower shop or is it all retail? Generous: Any retail. Lillehaug: So what does that open the door for? What other types of retail do you see that changes the character? Generous: A convenience store would be able to go in there. Anything that sells on a retail basis... Lillehaug: So it wouldn't necessarily remain a flower shop? Generous: No. Lillehaug: So it could turn over to be a record store, whatever? Generous: Specialty retail... 26 Planning Commission Meeting — September 7, 2004 Sacchet: Alright. I think we are ready to hear from the applicant. If you please want to come forward, state your name and address and see what you can tell us to try to convince us that this is appropriate. Chris Helsene: My name is Chris Helsene from the Century Boulevard Court, Gene Helsene and Brenda Helsene. Sacchet: A family venture, I can tell. Welcome. Helsene: As far as we think, the way the corner is developing, not only the southwest corner but the northeast corner, it seems to be that there is retail on the north side just the way it's going with the hotel. I don't know if hotels fall under office and light industry, but we're trying to get that small portion as you can see, maybe possibly rezoned. Trying to head off maybe future problems. We are working with a florist. We hope that hasn't gone away because this process does take some time. I have been in communication with them and they seem to be still eager. We tried to go with just getting a florist in but evidently it doesn't fall under the appropriate term, so the only other alternative that we know of is to try to change the whole comer unless there are other alternatives. Sacchet: Just to clarify: you said the florist's specific request was not... Helsene: As far as? We're working with a florist. We've come to terms. Sacchet: Why did you not come in specifically asking for florist? That's my question. Helsene: Why were we specifically? Sacchet: Why were you not specifically asking for florist? Helsene: Well, we did when we first went to the City. We tried to get a permit to get the florist in. Generous: Administratively. Sacchet: Okay. Helsene: But staff, we weren't going to get the permit because they don't fall under personal service, they fall under the category of, I can't name it offhand, but it falls under retail. Sacchet: Okay. I didn't mean to interrupt. Helsene: No, that's fine. So that's why we're doing what we are doing is to hopefully still get the florist in. Sacchet: Alright. Questions for the applicant? 27 Planning Commission Meeting — September 7, 2004 Keefe: I've got to believe that this particular corner is really going to improve, particularly with Life Time coming in. You're going to have additional companies that are going to want to locate on your particular comer that are even beyond what the florist would want to do. I assume you're probably starting to see some of that activity already. I'm kind of looking at it, I've got to believe there's going to be other potential beyond just a florist that may not be just retail. I mean you've already got current uses in there, so I'm kind of scratching my head a little bit going, well as this corner improves, I think you're going to get more visibility, there's going to be more traffic going by, there's going to be more people coming there with Life Time corporate coming in. I just keep thinking that you're going to have other... Helsene: And we hope potentially to see that come. There are other alternatives that we wouldn't have to go this route. To kind of clarify, as far as the CB Styles and the It Figures, that is our own ... that's what we've always done and we've always rented from others so we decided to go out and do this ourselves. So we ourselves are trying to make a living off of a third of it and we're not filling the other portion as of yet ... we've come to terms on a lease we think should be drying as we speak, but of course they didn't fit into the plans ... It's not that we're asking for medium markets to come in or anything like that. It's not that big of a building... It's so a convenience -type retailer can go that way ... or a specialty destination. That's what I would think of it. As a smaller company, I know they don't fall under the category of say, personal services but, kind of when you think about it, a lot of their business does, a majority of their business doesn't actually go out the door, cash -in out the door with the product, its a lot of funeral arrangements, people order up and they deliver later. Sacchet: I remember when you came in for your building there and I'm trying to remember. When I went looking at it I seem to recall that you would have actually have used a large part of the building. Did that change in the process? Helsene: That we, ourselves? Sacchet: Yes, yourself for the hair place. Helsene: We use over a third of the building ourselves for our... Sacchet: Which part are you actually using? Helsene: We're using the middle section. Sacchet: You're using the middle for... Helsene: We felt the middle section would be the least desirable so we took it ourselves. Sacchet: So you have it on both sides, the middle part? Straight across. Okay. That's what confused me because it looked like, I remember you wanted a third of it. Helsene: We have this section straight through... m Planning Commission Meeting — September 7, 2004 Sacchet: So you got the Subway in one corner and then the other corner on the north side is vacant and the third on the south is vacant? Helsene: Yes. We have a small section on the northwest comer that is vacant and we have a much larger section on the south side. Sacchet: And you haven't seen much interest in that? Helsene: ...and our rates are very good for whoever's listening. Sacchet: And staff said in order to get a flower shop in there you would need to ask for this to be commercial across the board. Helsene: That's our understanding. Sacchet: Okay. Go ahead, Bethany. Tjomhom: Maybe this is an inappropriate question again, Bob, but do you ever see this area changing so it's not office industrial park anymore? Sacchet: Unpredictable. Tjomhom: Well, with all the changes that are happening in the City. Generous: I don't, I never say never but we have Life Time Fitness going in but then they're having their corporate offices coming in and then they have two vacant lots within the development and I don't anticipate those changing... Could it be convenience? That's a policy decision that would be ultimately up to the City Council. Tjomhom: Okay. Sacchet: You were clear about that restriction on that site when you went in there that it was not retail. The PUD specifically lists the things of what is acceptable and that list has been amended a couple of times. Helsene: Yes. Sacchet: Okay. Any other questions of the applicant? Thank you very much. This is a public hearing. If anybody wants to speak up about this, this is your time. Since we don't have too many people here, I close the public hearing and bring it back to the Commission. Keefe: Do you ever permit an interim use for a particular... Sacchet: That's a question for Bob. Do we have an interim use permit for something that is? 29 Planning Commission Meeting — September 7, 2004 Generous: Well, we do in this development for the church. It's permitted in one of the buildings and there are some standards that once they exceed that pressure of the need to develop. Keefe: So have we ever seen anything like where we would tie an interim use to a lease, potentially? Generous: No, we generally try not to get into that lease arrangement. We look at the size of the operation... once it hits a certain threshold is where we say no, it's no longer appropriate there. Generally, like for churches, once they get a certain membership they can afford to go out and get their own operation and facilities. Tjornhom: I have one more question. I'm sorry; I have one more question for the applicant. What percentage of your business is walk-in to buy a pot of flowers and walk out versus weddings or someone ordering flowers to be delivered? Helsene: I can't say about the flowers. Sacchet: He's not the flowers. They're the haircutters. Helsene: In talking to the florist I gather that it tends to be the main focus. I don't know anything about running a florist but I've ordered flowers. I've never actually gone into a store. either called for a funeral or have them sent to my wife. ...I'm just generalizing ... I think a smaller portion of their business is actually retail in the sense of what retail as the scope is as far as walk in and walk out with a product. Tjornhom: Right. Because like All About Lights... Sacchet: The furniture store next door. Keefe: ... Sherwin-Williams... Tjornhom: It is where you can walk in. You can buy a sofa or you could just order through your builder. To me, and I'm making a comment now, but it just seems to be on the same line... Sacchet: We are on comments. You're right on target, Bethany. Tjornhom: We are? Okay. Tome it just seems like it's the same thing in my mind. It's the same thing if I'm going to order some flowers or order some lighting. I'm not necessarily shopping in a floral store. Keefe: About an interim use on a percentage basis, are we looking at, I mean does the use within the PUD that is currently retail is just limited to the location of the PUD which is that C- store... What we are looking to be approved here is retail for the entire PUD? Generous: No, just for that 4`h Addition. kill Planning Commission Meeting — September 7, 2004 Keefe: Okay. Sacchet: So it would include the bank and the childcare place? Generous: Right. Helsene: And then our location. Sacchet: And then your place. Generous: Block 1 of the 41h Addition. Saccbet: Is that going to track off their property taxes? Generous: I think that the assessor looks at it more by the actual uses there so if they got a lot retail in, it may. I don't know exactly how they calculate all that. Look at income potential of the property? Lillehaug: I respect the comments everybody's making about the precedent already set by All About Lights and Buck's Unpainted Furniture and all that kind of stuff, but if I understand where you're going Bob, the intent here is to prevent the sprawl, if you will, of retail out into a commercial/industrial area and, at this point, with Life Time just starting to move dirt, I would be reluctant to say that there is a financial hardship in this case. The applicants came into this with their eyes wide open knowing that this was commercial/industrial, not retail, and we're just breaking ground on Life Time. I think it's a little early to know what the needs are going to be in that part of the City right now to change the plan for this property so, even though I think as a couple people have pointed out that there is some quasi -retail in the area already, that doesn't mean we want to encourage more of that kind of thing. Sacchet: That's a question, just a second Steve. Bob, we have empty retail space available in the City in downtown and north of Highway 5? Generous: Yes. That new building that's going in isn't fully leased. I think they only have one tenant. Sacchet: Alright. Steve, go ahead. Lillehaug: I guess my comment, I don't have any questions. Sacchet: Yes, were on comments. That's fine. Lillehaug: The main thing in my mind is changing the character of the development. Does a flower shop change the character of that development? Probably not, but that's not what's in front of us here. We're asking to change the PUD standard to retail for that entire lot and I don't support doing that. 31 Planning Commission Meeting — September 7, 2004 Sacchet: That's clear. Bethany, Dan, anything more to add? Keefe: I have a tendency to agree with Steve on that. The question I have is, is there any way to do something interim but I just don't know. Sacchet: I think that's a good point, Dan. When you bring in the concept of a possible interim use permit, specifically to flower shops to kind of bridge the gap, but then the timeline of Life Time Fitness is obviously very accelerated and I think Kurt had a very good point about that. Where I stand with this, I mean to make that whole area, which is not a big area, but make that available for retail, we'd really be modifying the comprehensive plan and that's not our role as the Planning Commission. That would definitely have to be the City Council in my opinion. That's where I do have to draw the line. You could say well, we've had these other variances earlier tonight where we decided was sort of in the realm of triviality. To change the comprehensive plan is certainly not trivial and it is very clearly not within our reach of authority to deal with and, unfortunately, the way this proposal has come in front of us, it is asking for this to make it flat-out retail and I don't think that is within our reach. It simply is not within our reach of authority, the way I understand what our role is. It isn't compatible with the complete set plan of the City, as such, and I have to agree with staff on that and I can't really argue with that even if it were within our reach of authority to deal with. Now, would it be within our reach to add florists to the list of allowed uses in the PUD? There, I would feel more comfortable deciding and discussing it, but I'm sure whether I would want to add it in there because then where do we end? You already have a sort of a lighting store, a sort of a furniture store. Is Subway going to be considered retail? If we would apply, was it 20% or 25%, showroom aspect that can be sort -of retail, we could probably argue away why there is a lighting store, why there is a fiuniture store, paint shop, and we could apply it to this particular development. We could argue well, is Subway a retail -oriented thing or not, that would certainly fit within that 20% to 25% of the space, but does it still fit in the 201/o to 25% if we add a florist store. That would be a totally different discussion at that point. Lillehaug: If I could interject. That would come back to my rhetorical question before of would that be equitable to the existing two floral businesses here in Market Square and just down the street here and from a competitive standpoint we would be placing the existing businesses at a financial disadvantage by doing that to them. Sacchet: Which is definitely a thing we have to be conscious and careful about, too. As much as we'd like to help the applicant get over filling the vacancy, I do think it is a very promising situation there with Life Time Fitness going... (The tape was changed at this point) Sacchet: ...It's way out of our reach to make a decision about the comprehensive plan here. So with that, unless there are more comments, I'm willing to take a motion. Lillehaug: Mr. Chair, I'd like to make a motion. 32 • Planning Commission Meeting — September 7, 2004 Lillehaug moved, Papke(?) seconded that the Planning Commission recommends denial of the amendment to the Planned Unit Development (PUD #92-6) development design standards to permit retail uses based on the findings of fact and recommendation attached to the staff report dated September 7, 2004. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Sacchet: I would like to recommend to the applicant, if you want to pursue this further to appeal it to the City Council. That would be the right body to look at this but I would actually more encourage you to try to be more specific in your request and try to make a blanket change. I think it would be very hard to justify that at this point in the circumstances you have because really what this request in front of us asks is something very different from just having a flower shop there. Helsene: Is there any way... Sacchet: I would have to direct you to work with staff with this, and apparently staff directed you to take this approach. Maybe that could be revisited. I don't know. But that's something you would have to discuss with staff, with Bob and I don't know where he worked with any of the other planners. Whether it is a possibility to consider maybe an amendment to the list of allowed uses, rather than a rezoning of this to be retail. It may be that this is so clearly retail that it would need the bigger change and that would be hard. From that angle, I think that Life Time Fitness is going to put a lot of attention to this place. That is not far away. That's always the fallback which is not all that bad in the end. But I'm not in a position to really counsel you, I'm just making a few comments to give you a framework and you will have to work with staff in particular. So, with that, I thank you very much. Does somebody want to note the minutes from last time, please? APPROVAL OF MINUTES: Commissioner Keefe noted the verbatim and summary minutes of the Planning Commission meeting dated August 17, 2004 as presented. Chairman Sacchet adjourned the Planning Commission meeting at 8:40 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Kim Meuwissen 33 b`i-ZQ City Council Summary — September 27, 2004 All voted in favor and the motion carried unanimously with a vote of 5 to 0. HIGHWAY 5, WEST OF CENTURY BOULEVARD, AND NORTH OF CORPORATE PLACE: HELSENE PARTNERS, LLC. Bob Generous presented the staff report. Mayor Furlong asked for the applicant's input. Chris and Brenda Helsene, 5685 Great Lorenz Road, Shorewood and Gene Helsene, 11613 Shady Oak Road, Minnetonka spoke in support of the PUD amendment to allow commercial. Staff explained their recommendation of denial and addressed the issue brought up at the Planning Commission meeting suggesting the use of an Interim Use Permit. Mayor Furlong stated, and Councilman Peterson concurred, that they did not see a compelling reason to grant the amendment request. Councilman Lundquist moved, Councilman Labatt seconded that the City Council denies the amendment to the Planned Unit Development (PUD "2-6) development design standards to permit retail uses based on the amended findings of fact and recommendation attached to this report. All voted in favor and the motion carried unanimously with a vote of 5 to 0. ZWIERS. Bob Generous presented the staff report and an update on the Planning Commission review. Mayor Furlong asked staff to address the question of escrow and what happens if the developer can't continue part way through the 5 year project from an erosion and storm water standpoint. He also asked where the grading plan falls in terms of maximizing development at the expense of the natural resources, very specifically trees. Councilman Labatt asked staff to show where the current buildings and mining activity took place in relation to the restoration plan. The developer Dan Herbst, 7640 Crimson Bay, Chanhassen and the engineer, Justin Larson with Sathre-Berquist were present. Mr. Herbst talked about his company's future plans for the restoration area. Councilman Peterson moved, Councilman Ayotte seconded that the City Council approves Interim Use Permit Case #04-27 to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Berquist, Inc., dated 7/16/04, subject to the following conditions: The interim use permit shall be approved for a period of five (5) years from the date of City Council approval. Annually the grading permit must be renewed. The applicant will need to request a formal extension 60 days prior to the expiration date of the permit. SCANNED City Council Meeting — September 27, 2004 Mayor Furlong: Any discussion on that motion? Resolution #2004-71: Councilman Peterson moved, Councilman Lundquist seconded to approve a resolution vacating the existing public easements as defined on the attached vacation descriptions, subject to the following condition: Minimum 5 foot wide public drainage and utility easements must be dedicated along each side of the new lot lines. All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST FOR AMENDMENT TO THE ARBORETUM BUSINESS PARK PUD Bob Generous: Thank you Mr. Mayor, council members. The request is to amend the Arboretum Business Park PUD. Arboretum Business Park is located at the southeast comer of Highways 5 and 41. Specifically we're looking at the southwest corner of Century Boulevard and Highway 5. This is a little commercial area within the project. However as part of the PUD the intent was for a light industrial with some support commercial uses. It was amended for Mr. Helsene to permit some personal services which in the past we have interpreted office services as being the equivalent. Right now he has a flower shop that would like to go into one of his units. We said the only way he could do that is by amending the PUD. As you see the Arboretum Business Park, the intent really was for more office and industrial uses. There were two areas that we were looking at support commercial uses at the entrance coming in off of Highway 5 where we have currently there's a bank, Mr. Helsene's building and then the daycare. And then on the other side the Holiday Inn Express recently opened, and down on the comer of 82°d Street and Highway 41 where the only commercial convenience that was approved for this site is located, which is the gas station Citgo. There are other places in the community that are guided for commercial uses. There are other properties that are appropriately zoned for commercial uses. Just to the north of Highway 5 there is a commercial center that's under construction. There is space available for retail type uses. We believe that amending the PUD would change the character of the Arboretum Business Park and we're recommending that the amendment be denied. With that I'd be happy to answer any questions. Mayor Furlong: Thank you. Questions for staff. Councilman Ayotte: On the fact, just for clarification. Item C. Is there a word missing there? The proposed use would not conform or should be the proposed use would conform. That's a little confusing to me. What's that supposed to be? Bob Generous: Well the use would not conform. City Council Meeting — September 27, 2004 Councilman Ayotte: So we've got a word missing, okay. Bob Generous: Yes. Mayor Furlong: Thank you. Any other questions? At this point. If not, is the applicant here this evening? Helsene's. If you'd like to come forward and address the council. We did receive a copy of the Planning Commission minutes so, but certainly interested in your thoughts. Chris Helsene: Sure. Chris Helsene from Helsene Partners, Century Boulevard Park. Gene Helsene: Gene Helsene, his dad. Brenda Helsene: I'm the wife, Brenda Helsene. Two partners. Chris Helsene: The reason we're going for this is, of course we've had an interest with the flower shop. We also feel that the city has indicated they've set areas aside for retail and a different design for the Arboretum Business Park. The way things have changed out there, I've heard many times that that area has been tweaked over and over to incorporate other things, and we're asking for that small portion of the southwest corner. We feel that it gives us a slight disadvantage that just over the, across the road literally they can incorporate retail onto that side of the highway and just the way the comer being set up, our building's set up as kind of a mall situation. We don't feel that any retail that would go in there would ever be high impact of any kind. We just feel like we've been put at a little bit of a disadvantage when right across the street they're able to do what we can't. Mayor Furlong: Okay. Alright, thank you. Any questions? For the applicant. No? Okay, thank you. Appreciate it. Any additional, I'll bring it back to council. Any additional questions for staff or any thoughts in terms of reply to their comments Kate? Kate Aanenson: I guess certainly we can understand their feelings. The staff from the beginning, as Bob's met with them. We have vacant commercial in the city. When we put this industrial park together we said there should be some support commercial in the size of the scale of that building went in with vacant space. You know we could argue the other way that there's people that have retail space that are in a different price point and different rates trying to market their property just as well so the argument can be made the flip flop for the advantage. Who has an advantage and who doesn't have advantage. I guess our biggest concern is the delusion of what we created with that district and the implication that we've got other industrial parks that we want to maintain predominantly in the industrial use and keep that, you know the core commercial in those areas that we've been selective as trying to, along the corridor, to create that synergy. That energy. We've got Market Street Station going in too so we do have quite a bit of commercial that's coming on line. We certainly empathize with the owner of the N City Council Meeting — September 27, 2004 M building, that they want to put another tenant in there but again that was our feelings that there is plenty of retail space available in the city. Mayor Furlong: Okay, thank you. Bring it back to the council for discussion. Councilman Peterson: And the interim use that was discussed at the Planning Commission, this really isn't a logical alternative? Kate Aanenson: Legally I don't know how, if you could have dropped it. Once you get something in there. And just, that's a good point to kind of segway into another, you know once you put a retail use in there, unless you specifically say ... flower shop in the back, if that flower shop went away. You know once you put retail in there, it's going to be harder to get it out I think. We kind of learned that with, over time. Mayor Furlong: Okay. Other discussion points. Thoughts. I guess my, you know just very quickly. I can appreciate and empathize with the Helsene Partners, looking across there. At the same time I'm not hearing, and even through the Planning Commission seeing a compelling reason to change the zoning here for this specific use as much as your I guess thinking about what staff said in terms of the advantages, disadvantages. You know the idea is to make sure that we look at zoning across the city, not just on a particular property as much as anything else so again I look at, I was looking through here, where's the compelling reason. How can we do this? Where's the justification and I couldn't see it. I don't know if any of the fellow council members could but you know I think the argument of, if there's been slippage and I don't know if that was the word that's been used in the past, if that justifies continued slippage or not, I don't think so. I think I'd rather say you know when there's, let's try to avoid those and we can't go back and correct the past but let's take advantage of opportunities when they present themselves here so those are my thoughts. I guess. Councilman Peterson: Well yeah, I agree. I think to your point Mayor, there may have been slippage in the past but you have to assume that there's slippage for a compelling reason. Nor do I see it here tonight unfortunately. I'd like to say yes from a pro business standpoint but I really can't. Mayor Furlong: Okay. Any other discussion? Thoughts? Okay. If not, if there's no other discussion, is there a motion? Page 6. Councilman Lundquist: I would move that the City Council deny the amendment to the PUD 92-6, development design standards to permit retail uses based on the findings of fact and recommendation attached to the report. Mayor Furlong: Okay, thank you. Is there a second? Councilman Labatt: Second. 10 City Council Meeting — September 27, 2004 Mayor Furlong: It's been made and seconded. Any discussion? Just one point of clarification, that the findings of fact would be modified... Councilman Lundquist: The amended findings of fact as requested, yeah. Mayor Furlong: Thank you. With that, if there's no further discussion. Councilman Lundquist moved, Councilman Labatt seconded that the City Council denies the amendment to the Planned Unit Development (PUD #92-6) development design standards to permit retail uses based on the amended findings of fact and recommendation attached to this report. All voted in favor and the motion carried unanimously with a vote of 5 to 0. ZWIERS. Bob Generous: Thank you Mr. Mayor, council members. This is a request for an interim use permit for a grading permit for the restoration of the Moon Valley mining operation out on 212 and south of the regional trail system. This mining has been going on for many years and now we're looking at reclaiming the site and preparing it for future development. This area doesn't come into the urban service area until 2015 under the current comprehensive plan. However there are major erosion issues going on on the site and the developer, with the development of the top part of this property, the Settlers West development, is looking at reclaiming this area. It's a little hard to see but the ... there are steep, almost vertical cliffs that are in there that were created through the mining operation. When it rains everything washes down to the bottom. The site was also used for a gun range over many years. At one time it was even a ski resort but now they're coming in with a grading plan that would create a 2'h to 1 slope on both sides and create a bowl within the middle. Previously there was a settlement agreement between the city and the property owner to regrade the site. Reclaim it after the mining operation was completed. However that operation or that plan allowed them to go into the northwest corner of the site. Between the Planning Commission and now we did have the DNR Forester come out and look at the quality of the woods on that. He was very impressed with the woods actually north, in the northwest corner and on the property to the north of this in this bowl area, which is in some land that the city is receiving as a dedication through the Settlers West development. However as you move south he said that the type of trees in there, there's a bigger variety of trees so they had small ones and big ones so it wasn't as high a quality of development and so he felt that yes, the trees have some value but it's not as valuable as the portions that are saving. The other issue that came up as part of the Planning Commission was flooding on 212. We did look at the low point on that and that is actually east of this site so if flooding did become an issue, it's closer to Dell Road that would flood so they'd still be able to exit the site and go to the west. Staff is recommending approval of the grading plan for this site and then they have a small area to the west. We are recommending that they revise the westerly portion of this and pull the grading area back to the 756 contour, which means that when they grade 11 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Helsene Partners LLC for an amendment to the Arboretum Business Park Development Design Standards to permit retail uses. On September 7, 2004, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Helsene Partners, LLC for an amendment to the development design standards to permit retail uses as permitted uses for the property located at the northwest corner of Century Boulevard and Corporate Place, Block 1, Arboretum Business Park a Addition. The Planning Commission conducted a public hearing on the proposed site plan was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development, PUD. 2. The property is guided by the Land Use Plan for officetindustrial uses. The legal description of the property is: Block 1, Arboretum Business Park Addition. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment to the Arboretum Business Park PUD design standards to permit retail uses as a permitted use. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be inconsistent with the official City Comprehensive Plan as retail uses are a distinct use from office and industrial uses. b) The proposed use is or will be incompatible with and compete with the present and future land uses of the area in that the amendment will permit retail commercial uses, rather than office, industrial or personal service uses, potential changing the character of the development. c) The proposed use would not conform to all performance standards contained in the Zoning Ordinance including compatibility with adjacent uses, setback and height, and traffic circulation requirements. d) The proposed use will actually appreciate the values of the area by permitting a use that has higher land value. However, it could have a negative impact on properties that are currently guided and zoned for commercial uses. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity as the subdivision is provided with adequate infrastructure to accommodate the use. f) Traffic generation by the proposed use may be within capabilities of streets serving the property. However, an update of the traffic study may be warranted to ascertain the potential impacts of commercial retail operations. 5. The planning report #04-29 dated September 7, 2004, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council deny the amendment permitting retail uses as a permitted use on the parcels of Block 1, Arboretum Business Park 0 Addition. ADOPTED by the Chanhassen Planning Commission this 7th day of September, CHANHASSEN PLANNING CONMSSION BY: Its Chairman MEMORANDUM IT TO: Todd Gerhardt, City Manager CITY OFQ FROM: Bob Generous, Senior Planner CIIANIIASSEN DATE: September 27, 2004 7700 Market Boulevard PO Box 147 N55317 Chanhassseen,, MNSUBJ: Amendment to the Arboretum Business Park PUD Design Standards to Permit Retail Uses —Planning Case No. 04-29 Administration Phone:952227.1100 Fax: 952.227.1110 EXECUTIVE SUMMARY Building Inspections Phone:952.227.1180 The applicant is requesting an amendment to the PUD standards to permit retail uses Fax:952.227.1190 in the Arboretum Business Park. Specifically, they requested that these uses be Engineering permitted on Lot 4, Block 4 of the Arboretum Business Park PUD Plan, which Phone:952.227.1160 corresponds to all of Block 1, Arboretum Business Park 0 Addition. Fax: 952.227.1170 Finance ACTION REQUIRED Phone: 952.227.1140 Fax: 952.227.1110 City Council approval requires a majority of City Council present. Park & Recreation Phone: 952227.1120 PLANNING COMMISSION SUMMARY Fax: 952.227.1110 Recreation center The Planning Commission held a public hearing on September 7, 2004, to review 2310 Coulter Boulevard Phone:952227,1400 the proposed amendment. The Planning Commission voted 5 to 0 to recommend Fax* 952.227.1404 denial of the proposed PUD Amendment. The Planning Commission felt that permitting retail commercial in this area would be modifying the comprehensive Planning a flatuml Resources plan as well as changing the character of the development. P �n g P Phone: 952.227.1130 Fax: 952.227.1110 The summary and verbatim minutes are item la of the City Council packet for September 27, 2004. Public works 1591 Park Road Phone:952.227.1300 RECOMMENDATION Fax: 952.227.1310 Senior center Staff and the Planning Commission recommend adoption of the following motion: Phone: 952.227.1125 Fax. 952.227.1110 "The Chanhassen City Councils approves the motion, denying the PUD Web site amendment, as specified on page 6 of the staff report dated September 7, 2004." www achanhassen.mn.us ATTACHMENTS 1. Planning Commission Staff Report Dated September 7, 2004. g9planx2004 planning cases\04-29 - arboretum business park lot 4, block 4 pud amendmentxexecutive summary abp retail.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. PC DATE: September 7, 2004 CC DATE: September 27, 2004 CITY OF CHANHASSEN STAFF REPORT REVIEW DEADLINE: 10/5/04 CASE #: 04-29 BY: RG PROPOSAL: Amendment to the Arboretum Business Park PUD Design Standards to Permit Retail Uses LOCATION: Block 1, Arboretum Business Park 4`s Addition South of TH 5, west of Century Boulevard and north of Corporate Place APPLICANT: Helsene Partners LLC 7874 Century Boulevard Chanhassen, MN 55317 (952)448-2533 PRESENT ZONING: Planned Unit Development, PUD, Office Industrial Park 2020 LAND USE PLAN: Office/Industrial ACREAGE: 4.0 DENSITY: NA SUMMARY OF REQUEST: The applicant is requesting an amendment to the Planned Unit Development to permit retail uses on lots within the Arboretum Business Park 0 Addition. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City has a relatively high level of discretion in approving rezonings, PUD's, and amendments to PUD's because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. Notice of this public hearing has been mailed to all property owners within 500 feet. Location Map Arboretum Business Park Lot 4, Block 4 PUD Amendment (Block 1, Arboretum Business Park 4th Addition) City of Chanhassen Planning Case No. 04-29 ® 9\ Ab State Hwy 5 Arboretum BoulevardW �BTH Subject Site W. Arboretum Business Park PUD Design Standards Planning Case No. 04-29 September 7, 2004 Page 2 PROPOSAL/SUMMARY The applicant is requesting an amendment to the PUD standards to permit retail uses in the Arboretum Business Park. Specifically, they requested that these uses be permitted on Lots 4, Block 4 of the Arboretum Business Park PUD Plan, which corresponds to all of Block 1, Arboretum Business Park 4 h Addition. On August 9, 2004, the Chanhassen City Council approved an amendment to the Arboretum Business Park Development Design Standards, PUD #92-6, Permitted Uses to permit health clubs on Lot 5, Block 4, Arboretum Business Park PUD Plan (Outlot A, Arboretum Business Park 0 Addition to be platted as Lot 1, Block 1, Life Time Fitness). On April 14, 2003, the Chanhassen City Council approved Site Plan #2003-1, for a 10,366 square - foot, one-story building located on Lot 2, Block 1, Arboretum Business Park 4d' Addition, a sign variance to permit wall signage on all four sides of the building, and an ordinance amending the Planned Unit Development for Arboretum Business Park adding Personal Services as a permitted commercial use and as the Third Amendment to the Arboretum Business Park Development Contract/PUD Agreement. On July 8, 2002, the Chanhassen City Council approved Site Plan #2002-5 for a one-story, 10,434 square -foot day care center with an exterior play area on 1.81 acres located on Lot 3, Block 1, Arboretum Business Park 0 Addition, KinderCare Learning Center. On June 24, 2002, the Chanhassen City Council approved the final plat for Arboretum Business Park 4d' Addition, creating three lots, one outlot and right-of-way for a public street (Corporate Place). On June 10, 2002, the Chanhassen City Council approved Site Plan #2002-4, as shown on plans prepared by Steiner Development, Inc., dated 4/12/02, for a 3,066 square -foot building for US Bank on 1.07 acres located on Lot 1, Block 1, Arboretum Business Park a Addition. December 10, 2001, the city approved an amendment to the Planned Unit Development (PUD #92-6) Development Contract/PUD Agreement for Arboretum Business Park incorporating printing as a light industrial use; permitting indoor recreation/health clubs and recording studios in the existing office -industrial buildings in the project; and prohibiting vocational schools, public buildings (except in Outlots A and B), screened outdoor storage, and food processing. August 13, 2001, the city approved the amendment to the Planned Unit Development (PUD #92-6) to permit an Auto Services Center on the "Wrase" property with the stipulation that auto body repair is prohibited on the site. On July 26, 1999, the Chanhassen City Council approved an amendment to the PUD for Arboretum Business Park to permit a Church facility as an interim use in the building on Lots 3 and 4, Block 2, Arboretum Business Park 2°d Addition. Arboretum Business Park PUD Design Standards Planning Case No. 04-29 September 7, 2004 Page 3 On July 28, 1997, the City Council approved the following: The ordinance for PUD #92-6 rezoning approximately 154 acres from Agricultural Estate, A2, to Planned Unit Development, PUD, and the PUD #92-6 granting final plat approval for Arboretum Business Park. On May 27, 1997, the City Council approved the following: Approved the fast reading for rezoning the property from Agricultural Estate, A2, to Planned Unit Development, PUD. APPLICABLE REGULATIONS Arboretum Business Park Development Standards. /: 411 "M The proposed amendment is in response to the developer's attempt to lease a portion of their building within the development. Specifically, they had a request to permit a flower shop. However, retail uses are not permitted. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. Retail uses are a distinct use from office and industrial uses. Generally, retail uses are not considered consistent with the officelindustrial land use designation. Arboretum Business Park was intended primarily as a light industrial/office park. As can be seen by the intent statement and the listing of permitted uses, the Arboretum Business Park was not intended to permit retail uses, except for one (1) convenience store permitted to be located at 82nd Street and TH 41, which would serve the industrial development in Chanhassen and the northern part of Chaska. Those commercial uses permitted are intended as support commercial services to the office/industrial users. General merchandise stores (retail) were specifically prohibited as part of the development. There are other areas in the city that the city has guided and planned to accommodate the retail needs of residents and businesses. These areas would have a disadvantage vis-a-vis the business park since industrial property values are much less than commercial retail property values. The proposed use is or will be incompatible with and compete with the present and future land uses of the area in that the amendment will permit retail commercial uses, rather than office, industrial or personal service uses, potentially changing the character of the development. Following are the intent and use portions of the Arboretum Business Park Development Standards. a. Intent 'The purpose of this zone is to create a PUD light industrial/office park." .. . b. Permitted Uses Arboretum Business Park PUD Design Standards Planning Case No. 04-29 September 7, 2004 Page 4 The permitted uses in this zone should be limited to light industrial, warehousing, office and other uses as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the City Council shall make that interpretation. Permitted uses shall be allowed on the different Blocks and Lots for which they are specified below. The Blocks and Lots specified below are those designated on the attached PUD plan. The Block and Lot designations in final plats approved for phases of development may differ from those specified below. However, the permitted uses shall continue to be those specified below for the Lots identified in the PUD plan. Light Industrial - The manufacturing, compounding, processing, assembling, packaging, printing, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. (Lots 3, 4, and 5, Block 1; Lot 1, Block 2; Lots 1, 2, 3, and 5, Block 4; and the Wrase property) (Amended 12/10/01) Warehousing - Means the commercial storage of merchandise and personal property. (Lots 3, 4, and 5, Block 1; and Lots 1, 2, 3, and 5, Block 4) Office - Professional and business office. (Lots 1, 2, 3, 4, and 5, Blockl; Lot 1, Block 2; Lot 1, Block 3; Lots 1, 2, 3, 4, and 5, Block 4; and the Wrase property) Health Services - Establishments primarily engaged in furnishing medical, surgical and other health services to persons. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) Conferences/Convention Center - Establishments designed to accommodate people in assembly, providing conference and meeting services to individuals, groups, and organizations. (lot 5, Block 4) Indoor Recreation/Health Club - Establishments engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other physical fitness conditioning. (Lots 3,4 and 5, Block 1; Lot 1, Block 3; and Lots 2, 3, 4 and 5, Block 4) (Amended 12/10/01 and 8/23/04) Hotel/Motel-establishments engaged in furnishing lodging, or lodging and meals, to the general public. (Lot 1, Block 3; and Lot 4, Block 4) Utility Services - Water towers and reservoir. (Lots 3, 4, and 5, Block 1; Lots 1, 2, and 3, Block 4; and the Wrase property) Recording Studio - Lots 3,4 and 5, Block 1; Lots 2 and 3, Block 4. (Amended 12/10/01) Commercial uses (permitted on lots specified as commercial in development standards tabulation box) 1. Restaurant, permitted on Lot 1, Block 3 or Lot 4, Block 4. (One stand-alone restaurant.) Arboretum Business Park PUD Design Standards Planning Case No. 04-29 September 7, 2004 Page 5 2. Convenience store with or without gas pumps, not to exceed 12,000 square feet, on Lot 1 or 2, Block 1, only. (One convenience store.) 3. Banks, with or without drive -up windows (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) 4. Day Care - establishments providing for the care and supervision of infants and children on a daily basis. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) 5. Auto service center, auto body repair is prohibited (Wrase) (amended 8/13/O1) 6. Personal Services (amended 4/14/03) Ancillary Uses (in conjunction with and integral to a primary use) 1. Fast Food (no drive -through and only in conjunction with and integral to a convenience store). 2. Restaurant (only in conjunction with hotel/motel or convention/conference center). 3. Showroom - showroom type display area for products stored or manufactured on -site provided that no more than 20 percent of the floor space is used for such display and sales.[for entire development]. (Amended 8/25/97) 4. Telecommunication Towers and Antennas by conditional use permit only. 5. Car wash, in conjunction with convenience store. 6. Day Care Interim Uses (Amended 7/26/99) Church facilities, i.e., assembly or worship halls and associated office, meeting, and other required spaces, subject to the following criteria: 1. The church shall not occupy more than six percent (6%) of the one building on Lots 3 and 4, Block 2, Arboretum Business Park 2°d Addition. 2. The church congregation may not exceed 200 adult members. 3. Shall be reviewed and approved in accordance with the same procedures specified in the city code for conditional use permits. Prohibited uses (Amended 12/10/01) • Contractors Yard • Lumber Yard • Home Improvement/Building Supply • Garden Center • Auto related including sales and repair, except on the Wrase property (amended 8/13/O1) • Home furnishings and equipment stores • General Merchandise Store • Vocational School • Public buildings, except on Outlots A and B, which are public park land Arboretum Business Park PUD Design Standards Planning Case No. 04-29 September 7, 2004 Page 6 • Screened outdoor storage • Food processing The majority of the uses are similar to those permitted in the Industrial Office Park, IOP District. The commercial uses are to provide primarily services to the office and industrial uses. The intent of the PUD is to create a light industrial/office park. Staff believes that it is appropriate to differentiate the Arboretum Business Park from other industrial office parks. We also believe that industrial parks are not the location for retail uses. In the past, City Council has directed that we expand the interpretation of the office showroom limitation to require that 20 percent of the entire building area of the development could be showroom, which permitted additional space in individual buildings to be used for showroom area, specifically in the All About Lights building on Water Tower Place. However, the showroom space requires that products be manufactured or assembled as part of the operation of the business. Retail uses were not approved. RECOMMENDATION Staff and the Planning Commission recommend@ that the Pimming GOFAn4isoion City Council adopt the following motion: "The Chanhassen City Council denies the amendment to the Planned Unit Development (PUD #92-6) development design standards to permit retail uses based on the findings of fact and recommendation attached to this report." ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Letter from Chris, Brenda and Gene Helsene dated August 5, 2004 4. Memo from Matt Saam to Bob Generous dated 8/12/04 5. Arboretum Business Park Development Design Standards 6. Public Hearing Notice and Mailing List gAplan12004 planning cws \04-29 - wbmt m business pazk lot 4, black 4 pud amendm Astaff report mail.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Helsene Partners LLC for an amendment to the Arboretum Business Park Development Design Standards to permit retail uses. On September 7, 2004, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Helsene Partners, LLC for an amendment to the development design standards to permit retail uses as permitted uses for the property located at the northwest comer of Century Boulevard and Corporate Place, Block 1, Arboretum Business Park 0 Addition. The Planning Commission conducted a public hearing on the proposed site plan was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned Planned Unit Development, PUD. 2. The property is guided by the Land Use Plan for office/industrial uses. 3. The legal description of the property is: Block 1, Arboretum Business Park 0 11rim 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment to the Arboretum Business Park PUD design standards to permit retail uses as a permitted use. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be inconsistent with the official City Comprehensive Plan as retail uses are a distinct use from office and industrial uses. b) The proposed use is or will be incompatible with and compete with the present and future land uses of the area in that the amendment will permit retail commercial uses, rather than office, industrial or personal service uses, potential changing the character of the development. c) The proposed use would conform to all performance standards contained in the Zoning Ordinance including compatibility with adjacent uses, setback and height, and traffic circulation requirements. d) The proposed use will actually appreciate the values of the area by permitting a use that has higher land value. However, it could have a negative impact on properties that are currently guided and zoned for commercial uses. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity as the subdivision is provided with adequate infrastructure to accommodate the use. f) Traffic generation by the proposed use may be within capabilities of streets serving the property. However, an update of the traffic study may be warranted to ascertain the potential impacts of commercial retail operations. 5. The planning report #04-29 dated September 7, 2004, prepared by Robert Generous is incorporated herein. RECOMN ENDATION The Planning Commission recommends that the City Council deny the amendment permitting retail uses as a permitted use on the parcels of Block 1, Arboretum Business Park 4th Addition. 07 ADOPTED by the Chanhassen Planning Commission this 7th day of September, CHANHASSEN PLANNING CONMUSSION M Its Chairman aq-Z9 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952)227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: T71/ ADDRESS: 5-31 TELEPHONE (Day Time) /-'t)<-) — ` 3 OWNER: ADDRESS: TELEPHONE: AUG 0 n 2004 CITY OF CHANHASSEN Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit 7� Planned Unit Development' Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review _� Notification Sign C-75.� Site Plan Review' w for Filing Fees/Attorney Cost" X EfoRmiinor _P/SPR/VAC/VAR/WAP/Metes & Bounds SUB Subdivision' TOTAL FEE $19 -75- 01D Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box Building material samples must be submitted with site plan reviews. 'Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet. "Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: LOCATION: F�U C L LEGAL DESCRIPTION: - Le, C,17X4 `&I-� 1� TOTAL ACREAGE: WETLANDS PRESENT: YES L�'NO PRESENT ZONING REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: 7 > REASON FOR REQUEST: 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 ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten 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 parry 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. The city hereby notifies the applicant that if development review cannot be completed within 60 days due to public hearing requirements and agency review, the city requires an automatic 60-day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Date Signature of Fee Owner Date W Application Received on (o04 Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. G:\plan\forms\Development Review Application.DOC HELSENE PARTNERS LLC 7874 CENTURY BLVD * CHANHASSEN, MINN. 55317 * 952-448-2533 August 5, 2004 RE: Ammendment of the PUD Arboretum Business Park To Whom It May Concern: Helsene Partners LLC would like to amend the PUD of Lot 4 Block 4 to include retail. We feel that the addition of retail to this section of the Business Park will create a destination for the surrounding residents and workforce of Chanhassen. It will establish place where people can walk, or bike, to accomplish a wider variety of tasks.. Just North and South of the Hwy 5 and Century Blvd. intersection are other retail centers in other communities, such as Shorewood and Chaska. By allowing retail on this comer, another dimension will be added to accommodate our own Chanhassen residents and those employed by Chanhassen business. Their shopping habits will remain here, in Chanhassen, rather than being diverted to these neighboring communities. This corner, the intersection of Hwy 5 and Century Blvd., can be molded into another gathering destination using the allowance of more retail as the catalyst to accomplish this vision. This type of business plan will compliment the already existing environment in the community. Amenities included on this comer that create this environment are: ✓ the new Holiday Inn and proposed restaurant on the South East comer ✓ the new shopping center and convenience store on the North East comer ✓ the US Bank, Kindercare, and Century Boulevard Court Shopping Center Century Boulevard Court Shopping Center was built as a shopping center without allowances for retail establishments. With this qualification Helsene Partners LLC loses the opportunity to open the facility up to a retail tenant that would compliment the neighborhood environment. It also puts Century Boulevard Court at a major disadvantage and hinders the success of the corner. With the shopping center on the northeast comer being allowed to have retail businesses, the southwest comer of this Chanhassen intersection is handicapped. With the way the intersection has been developing, our hope is to create a "fair playing field." Since some of the adjoining properties are zoned "retail' our hope would be for an equal business environment allowed to all in the radius around the intersection. Due to this inherent disadvantage to the southwest quadrant, Arboretum Business Park and Helsene Partners LLC, we are appealing to the City of Chanhassen to amend the PUD of Arboretum Business Park Lot 4 Block 4 to include "retail." Thank you, Chris Helsene Brenda Helsene Gene Helsene Exhibit "B" Description of Property - n p_z. 1� f Prooeca r e Mpa�narAr s i 1 ✓lR.S 11l SCALE 1'= E V r I l,Ot3 U5 PROPOSM KNOEMUM a AREA=46.634.&4 S.F. 1.07 ACRE ae' s�ess% eatESs t•ASO�EHT' — -- I I 3 1 FunlRE aEVEtaPfW AREA=79.037 SF. ,� I "Century 1.81 ACRE I I Boulevard AREA=49.829 S.F. Court" 1.14 ACRE A915VAOruM F3ce�l1t 7 4 173 >s a pA � PUBM STMWT 0' c) b31AVN YooZ Q "aal ' W w,rwl04wV1 VNZ o Id loMol fO;eM tY Plf8 l0aln0z) Id a4uodloa �r L 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: 952227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax 952.227.1110 Web She www.ci.char hassennn.us "31-31i1:. ►la 1Tul TO: Bob Generous, Senior Planner FROM: Matt Saam, Asst. City Engineer Gj DATE: August 12, 2004 SUB7: Revision to Arboretum Bus. Park PUD Standards for Retail Use Proj. #00-11 At this time, no comments/conditions are required. In the future, depending on the type/extent of the retail proposed, a revised traffic study may be required at the time of site plan review and approval. c: Paul Oehme, Director of Public Works/City Engineer gAeng\projects\arboretum 4th\pud stds revision.doc The City of Chanhassen a A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Adopted 7/28/98 Amended 7/26/99 Amended 8/13/01 Amended 12/10/01 Amended 4/14/03 Amended 8/23/04 EXHIBIT C ARBORETUM BUSINESS PARK DEVELOPMENT DESIGN STANDARDS Development Standards a. Intent The purpose of this zone is to create a PUD light industrial/office park. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. Photo - composite images of proposed development adjacent to Highways 5 and 41 shall be submitted as part of the review process. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as listed below if they are ancillary to a principal use on the individual lot. Commercial/retail uses are prohibited except those uses specifically noted below. b. Permitted Uses The permitted uses in this zone should be limited to light industrial, warehousing, office and other uses as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the City Council shall make that interpretation. Permitted uses shall be allowed on the different Blocks and Lots for which they are specified below. The Blocks and Lots specified below are those designated on the attached PUD plan. The Block and Lot designations in final plats approved for phases of development may differ from those specified below. However, the permitted uses shall continue to be those specified below for the Lots identified in the PUD plan. Light Industrial - The manufacturing, compounding, processing, assembling, packaging, printing, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. (Lots 3, 4, and 5, Block 1; Lot 1, Block 2; Lots 1, 2, 3, and 5 , Block 4; and the Wrase property) (Amended 12110/O1) Warehousing - Means the commercial storage of merchandise and personal property. (Lots 3, 4, and 5, Block 1; and Lots 1, 2, 3, and 5 , Block 4) Offwe - Professional and business office. (Lots 1, 2, 3, 4, and 5, Blockl; Lot 1, Block 2; Lot 1, Block 3; Lotsl, 2, 3, 4 , and 5, Block 4; and the Wrase property) Health Services- establishments primarily engaged in furnishing medical, surgical and other health services to persons. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) Conferences/Convention Center - establishments designed to accommodate people in assembly, providing conference and meeting services to individuals, groups, and organizations. (Lot 5 , Block 4) Indoor Recreation/Health Club - establishments engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other physical fitness conditioning. (Lots 3, 4 and 5, Block 1; Lot 1, Block 3; and Lots 2, 3, 4 and 5, Block 4) (Amended 12/10/O1 and 8/23/04) Hote//Motel-establishments engaged in furnishing lodging, or lodging and meals, to the general public. (Lot 1, Block 3; and Lot 4, Block 4) Utility Services - Water towers and reservoir. (Lots 3, 4, and 5, Block 1; Lots 1, 2, and 3, Block 4; and the Wrase property) Recording Studio - Lots 3, 4 and 5, Block 1; Lots 2 and 3, Block 4. (Amended 12/10/01) Commercial uses (permitted on lots specified as commercial in development standards tabulation box) 1. Restaurant, permitted on Lot 1, Block 3 or Lot 4 , Block 4. (One stand alone restaurant.) 2. Convenience store with or without gas pumps, not to exceed 12,000 square feet, on Lot 1 or 2, Block 1, only. (One convenience store.) 3. Banks, with or without drive up windows (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) 4. Day Care - establishments providing for the care and supervision of infants and children on a daily basis. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) 5. Auto service center, auto body repair is prohibited (Wrase) (amended 8/13/O1) 6. Personal Services (amended 4/14/03) Ancillary Uses (in conjunction with and integral to a primary use) 1. Fast Food (no drive -through and only in conjunction with and integral to a convenience store). 2. Restaurant (only in conjunction with hotel/motel or convention/conference center). 3. Showroom -showroom type display area for products stored or manufactured on -site provided that no more than 20 percent of the floor space is used for such display and sales.[for entire development]. (Amended 8/25/97) 4. Telecommunication Towers and Antennas by conditional use permit only. 5. Car wash, in conjunction with convenience store. 6. Day Care Interim Uses (Amended 7/26/99) Church facilities, i.e., assembly or worship halls and associated office, meeting, and other required spaces, subject to the following criteria: 1. The church shall not occupy more than six percent (6%) of the one building on Lots 3 and 4, Block 2, Arboretum Business Park 2°d Addition. 2. The church congregation may not exceed 200 adult members. 3. Shall be reviewed and approved in accordance with the same procedures specified in the city code for conditional use permits. Prohibited uses (Amended 12/10/01) • Contractors Yard • Lumber Yard • Home improvement/Building Supply • Garden Center • Auto related including sales and repair, except on the Wrase property (amended 8/13/O1) • Home furnishings and equipment stores • General Merchandise Store • Vocational School • Public buildings, except on Outlots A and B, which are public park land • Screened outdoor storage • Food processing C. Setbacks The development is regulated by the Highway 5 and the PUD Standards. There are no minimum requirements for setbacks on interior lot lines in the PUD zone. The following setbacks shall apply: Street Frontage Minimum Setback Maximum Setback Building/Parkin Building/Parking Hwys. 5 & 41 70/50 1150 Coulter & Century Boulevards 50/20 100 82nd & West Local 30/20 NA *Lot 5, Block 4, must only meet the maximum setback on one Highway frontage. The average hard surface coverage does not include Outlots A and B. The PUD standard for hard surface coverage is 70% for office and industrial uses. Any one site/lot can exceed the 70 percent requirement but in no case can the entire finished development exceed 70 percent. d. Development Standards Tabulation Box 1. Building Area LOT/USE ACRES 82° Street Dedication 1.80 Building Size/FAR (s uare feet) PARKING Interior Roadway Park land/ `- Outl to&B) 10.54 - Upland 16.6 30 Wetland 28.7 Ponds 3.01 ustna "0 0 office) Lot 3, Block 1 10.02 30 F 131,006 tzz 262 Lot 4, Block 1 5.45 71,218 142 Lot 5, Block 1 4.41 57,688 115 Lot 1, Block 4 4.38 57,199 114 Lot 2, Block 4 5.40 70,597 141 Lot 3, Block 4 8.98 117,371 235 Lot 1, Block 2 12.23 159,822 320 Lot 5, Block 4, 23.20 (A FAR) 404,279 (3/1000) 1,213 Wrase= --- -- 68_ Commercial Lot 1, Block 1 14.59 1.80 .15 FAR / .30 FAR - J� (5/1000) 59 11,746 / 23,520 Lot 2, Blockl 2.32 15,180 / 30,320 (4/1000) 61 Lot 4, Block 4 , Office/Hotel 4.06 26,536 / 53,060 (511000) 133 Lotl, Block 3 Restaurant/Office 6.41 (.10FAR) 27937 / 83,770 (16/1000) 447 Gateway Business Park 151.75 1,150,5791 3,212 Total 1,259,850 TOTAL, 154.39 1186,079 / 3 10 _. _ 50 _ Commercial sites may develop as office -industrial uses. Square footage for individual lots may be reallocated within the development, by type, provided the maximum square footage is not exceeded. Building Square Footage Breakdown Office 31% 368,000 / (432,000) Light Industrial 31% 368,000 / (432,000) arehouse F 31% 368,000 / (432,000) mmercial 7% 81,000 / (0) Total 100% 1,186,000 / (1,295,000) *includes the Wrase property. () represents conversion of commercial uses to office - industrial uses 2. More than one (1) principal structure may be placed on one (1) platted lot. 3. Building height shall be limited to 3 stories or 40 feet. 4. Lot 5, Block 4, , is intended to accommodate a major corporate headquarters or office, research, high end manufacturing with limited warehousing type user. While the majority of the development is based on 30 percent office space, Lot 5 must have a minimum of 40 percent office use and include multi -story building(s). e. Building Materials and Design The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All mechanical equipment shall be screened with material compatible to the building. 2. All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels and not painted cinder block. 3. Brick may be used and must be approved to assure uniformity. 4. Block shall have a weathered face or be polished, fluted, or broken face. 5. Concrete may be poured in place, tilt -up or pre -cast, and shall be finished in stone, textured, coated, or painted . 6. Metal siding will not be approved except as support material to one of the above materials or curtain wall on office components or, as trim or as HVAC screen. 7. All accessory structures shall be designed to be compatible with the primary structure. 8. All roof mounted equipment shall be screened by walls of compatible appearing material or camouflaged to blend into the building or background. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. 9. The use of large unadorned, pre -stressed concrete panels and concrete block shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. The buildings shall have varied and interesting detailing. The use of large unadorned, concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall and its views from public ways shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. 10. Space for recycling shall be provided in the interior of all principal structures or within an enclosure for each lot developed in the Business Center. 11 Each buildings shall contain one or more pitched roof elements depending on scale and type of building, or other architectural treatments such as towers, arches, vaults, entryway projections, canopies and detailing to add additional interest and articulation to structures. 12. There shall be no underdeveloped sides of buildings visible from public right-of-ways. All elevations visible from the street shall receive nearly equal treatment and visual qualities. L Site Landscaping and Screening 1. Landscaping along Highways 41 and 5 shall comply with Buffer yard standard C. Coulter Boulevard, Century Boulevard, and West 82°d Street shall comply with Buffer yard standard B. The master landscape plan for the Arboretum Business Park (formerly Gateway) PUD shall be the design guide for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. 2. Storage of material outdoors is prohibited unless it has been approved under site plan review. All approved outdoor storage must be screened with masonry fences and/or landscaping. 3. Undulating or angular berms or elevation changes of 3' in height shall be placed along Coulter Boulevard, and Century Boulevard. The berms shall be sodded or seeded at the conclusion of each project Phase grading and utility construction. The required buffer landscaping may be installed incrementally, but it shall be required where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. 4. Loading areas shall be screened 100 percent year round from public right-of-ways. Wing walls may be required where deemed appropriate. g. Signage All freestanding signs be limited to monument signs. The sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material throughout the development. The applicant should submit a sign package for staff review. 2. Each property shall be allowed one monument sign per street frontage. 3. The signage will have consistency throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. 4. Consistency in signage shall relate to color, size, materials, and heights. 5. The Arboretum Business Park PUD shall be permitted two Arboretum Business Park identification signs. One sign per project entrance, at West Vd and Century Boulevard and at Highway 41 and the westerly roadway, shall be permitted. Said sign shall not exceed 80 square feet in sign area nor be greater than eight feet in height. 6. Wall sign shall be permitted per city ordinance for industrial office park site. All signs shall require a separate sign permit. 8. 1n addition to the two signs identified in g. 5. above, signage for the main entrance on Highway 5 and Century Boulevard shall be reviewed and approved by the Planning Commission and City Council. h. Lighting 1. Lighting for the interior of the business center should be consistent throughout the development. The street lights should be designed consistent with the existing lighting along the existing Coulter Boulevard. 2. A decorative, shoe box fixture (high pressure sodium vapor lamps or metal halide lights) with a square ornamental pole shall be used throughout the development area for area lighting. Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. 4. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the property line. This does not apply to street lighting. i. Alternative Access Each site shall accommodate transit service within the individual development whenever possible. 2. Pedestrian access shall be provided from each site to the public sidewalk and trail system. 3. The developer and site users shall promote and encourage Traffic Demand Management Strategies. 4. Each site shall provide areas for bicycle parking and storage. LOTS 1 & 4 DAY CARE OFFICES CLINICS HEALTH CLUB OFFICE RESEARCH / / F INDUSTRIAL 1 / jl •lJ ( 1 I��'.^-� MAJOR CORPORAT-- HEADQUARTERS/(, - LOTS m 88.65 PRODUCTION a��j � �'"��;7�� _ 1 PARK m 48.36 ERENCE/CONVE /�jj' I (( ('� '��.��//�; �ROW m 14.72 CENTER t 1l\ 4,�—,�-j q�ti ,;;'1• >� % \\\ `\ TOTAL = 151.73 ACRES LOTS 1.3 INDUSTRIAL �"��FII t '" - LEGEND WAREHOUSE �99�"©9/ �1� Entry Mo.=..o GOQ Semee T,m UTILITY SERVICE t 7fRXM x� � . i 5\�, �\� `"`` EI . UdSig. / P..de • GromdSigm Wti.d, OFFICE # Seeec Lghu Ped/Bi4e Tnila 2.22 AC l WRASE PROPERI PUD PLAN OFFICE INDUSTRIAL �b // UTILITY SERV �• »�� ' ,;;> ,,:;:: ARBORETUM BUSINESS PA LOTS 1 & CHANHASSEN, MN GAS/CO FAST BANKS DAYCARE OFFICE LO 1 e• 3w 6w CLINIC INDUSTRIAL OFFICE" T'WYt"' FIGURE4 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 August 26, 2004, 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 PUD Amendment to Arboretum Business Park Design Standards — Planning Case No. 04-29 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. 4 Karen J. Eng h •dt, De u Clerk Subscribed and swom to before me thi&;(�Lhday of s 12004. Notary Public MAAAMA KIM T. MEUWISSEN Notary Pub11C- Mit�espfe CARVER COUNTY MY Canmission Expires 1/31/I005 WA WD Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 7, 2004 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an amendment to the Arboretum Business Proposal: Park PUD Design Standards to permit retail uses on Block 1, Arboretum Business Park 4th Addition Planning File: 04-29 Applicant: Helsene Partners, LLC South of Highway 5, west of Century Boulevard and north Property of Corporate Place 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 What steps: Happens 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone Questions & about this project, please contact Bob Generous at 952- Comments: 227-1131 or e-mail bgenerous@ci.chanhassen.mn.us. 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. 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 ratified 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 party 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 commerciallndustrial. • 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 spokespersontrepresentative 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. Date & Time: Tuesday, September 7, 2004 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an amendment to the Arboretum Business Proposal: Park PUD Design Standards to permit retail uses on Block 1, Arboretum Business Park 4th Addition Planning File: 04-29 Applicant: Helsene Partners, LLC South of Highway 5, west of Century Boulevard and north Property of Corporate Place 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 What steps: Happens 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone Questions & about this project, please contact Bob Generous at 952- Comments: 227-1131 or e-mail bcenerous@ci.chanhassen.mn.us. 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. 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 commerciaUindustrlal. • 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 Rem through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersoNrepresentative 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. 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Sep410 Iwapej pup elas'Apunoa'App Snouen ul WRool plop pup uolleupolul'ap om W uo4ellduao p sl dap ally'pup se poon aq os PaPualul Wu sl Pup Aauns a sou dau pop o AIR6ol a ta4lpu sl dew sl4y AMN elpls j a7!S IpdgnS I Public Hearing Notification Area Arboretum Business Park Lot 4, Block 4 PUD Amendment (Block 1, Arboretum Business Park 4th Addition) City of Chanhassen Planning Case No. 04-29 �a ®;® >865s s� e ge 9e El oo' c ❑ i v®c a I Vim® u nroa.erom voi=`O �r<® ww- am s N Boulevard State Hwy 5 Arboretum Boule D m 7 C W Subject Site ate Place --- m ------ � Coulter vard if �a wt rT �a n SCANNED JONATHAN ROMAN ABAD & GLENDA ANDAYA ARBORETUM III REALTY PTRS LLP SHANNON G ABAD 7793 VILLAGE PL 3610 CO RD 101 2759 CENTURY CIR CHANHASSEN MN 55317-4430 WAYZATA MN 55391-3424 CHANHASSEN MN 55317-4416 ARBORETUM VILLAGE COMMUNITY ARLENE L AVESTRUZ AMY E BADENOCH 815 NORTHWEST PKY 2877 ARBORETUM VILLAGE TRL 7785 VILLAGE PL SUITE 140 CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4430 EAGAN MN 55121- JILL R BONNEMA LAURA A BRAHEE ANGELINA T BROWN 7747 ARBORETUM VILLAGE CIR 2989 VILLAGE LN 2787 CENTURY CIR CHANHASSEN MN 55317-4426 CHANHASSEN MN 55317-4429 CHANHASSEN MN 55317-4416 STEVEN G & CATHLEEN E BUSSLER CENTURY 2000 PARTNERS LLP CHANHASSEN ACQUISITIONS LLC 2995 VILLAGE LN 3610 SOUTH HWY 101 C/O PARKER HANNIFIN CORP6035 PARKLAND BLVD CHANHASSEN MN 55317-4429 WAYZATA MN 55391-3424 CLEVELAND OH 44124-4141 KINDERCARE REAL ESTATE CORP CHASKA GATEWAY PARTNERS COEUR TERRA LLP ATTN: TAX DEPT 3610 CO RD 101 3610 SOUTH HWY 101 650 NE HOLLADAY ST WAYZATA MN 55391-3424 WAYZATA MN 55391-3424 #1400 PORTLAND OR 97232-2096 SHANE R CAOWE LINDA SUSAN DEROSA DANA L & PATRICIA L DONNAY 2993 VILLAGE LN 7755 VILLAGE ST 2871 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4429 CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317-4436 TRAVIS EARSLEY KIMBERLY B FARNIOK CAROLE FINK 2839 ARBORETUM VILLAGE TRL 2869 ARBORETUM VILLAGE TRL 2845 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4436 SARAH J FISCHER JEFFREY R & KATHLEEN JENNIFER L FREDERIXON 7790 VILLAGE PL FORSBERG 7784 VILLAGE PL CHANHASSEN MN 55317-4430 2779 CENTURY CIR CHANHASSEN MN 55317-4430 CHANHASSEN MN 55317-4416 DUANE C & LOLA GELLNER & JULIE K GRIMM RYAN L GROSAM MARNEY RAE GELLNER 7745 ARBORETUM VILLAGE CIR 7773 VILLAGE ST 7786 VILLAGE RD CHANHASSEN MN 55317-4426 CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317-4430 KAREN R HAAKENSON ANDREW E HARRIS & KOREN HAWK 7791 VILLAGE PL SALLY L WOOD 2849 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4430 7771 VILLAGE ST CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4431 SCANNED HELSENE PARTNERS LLC HAILAN HUANG WENDY A HUBER 5685 GRANT LORENZ RD 7749 ARBORETUM VILLAGE CIR 7753 VILLAGE ST EXCELSIOR MN 55331-8363 CHANHASSEN MN 55317-4426 CHANHASSEN MN 55317-4431 THOMAS J ISSENDORF STEPHANIE J JESBERG ERIC WAYNEJESKE 7770 VILLAGE ST 7774 VILLAGE ST 2843 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317-4436 RANDY ALAN JOHNSON & LESLIE E JOHNSON CHRISTOPHER M JONES 7689 CENTURY BLVD TIFFANY LYNN WANNINGER 7751 ARBORETUM VILLAGE CIR CHANHASSEN MN 55317-4415 7769 VILLAGE ST CHANHASSEN MN 55317-4426 CHANHASSEN MN 55317-4431 KIMAN & JUNG JOO JACQUELINE E JOPP ROBERT F JR & MELISSA L KERR 7693 CENTURY BLVD 7787 VILLAGE PL 7788 VILLAGE PL CHANHASSEN MN 55317-4415 CHANHASSEN MN 55317-4430 CHANHASSEN MN 55317-4430 HEATHER J KNUDSEN JUSTIN C KROEGER TARA L KROEGER 7783 VILLAGE PL 7789 VILLAGE PL 2981 VILLAGE LN CHANHASSEN MN 55317-4430 CHANHASSEN MN 55317-4430 CHANHASSEN MN 55317-4429 JEFF LACUALLEN K LARSON JRGNATO TRAVIS P LAKE ALLEN K CARBON SR 2873 ARBORETUM VILLAGE TRL 2783 CENTURY CIR 764E ARBORETUM VILLAGE LN CHANHASSEN MN 5531E-4436 CHANHASSEN MN 5531E-4416 CHANHASSEN MN 55317-4425 MARCIA L LEININGER RINGO & TRISHA LEIPOLD ERIC A & KELLY J LORENZ 7764 VILLAGE ST 2875 ARBORETUM VILLAGE TRL 7762 VILLAGE ST CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4431 LUNDGREN BROS CONSTRUCTION MICHAEL J MALOY & JUDITH A MERTZ 935 WAYZATA BLVD E FRANNIE D SPIEGEL 7743 ARBORETUM VILLAGE CIR WAYZATA MN 55391-1899 7780 VILLAGE PL CHANHASSEN MN 55317-4426 CHANHASSEN MN 55317-4430 KARIN S MOORE JENNIFER S NASH MARK NELSON & 2991 VILLAGE LN 7760 VILLAGE ST BRITTNEY PARMER2775 CENTURY CIR CHANHASSEN MN 55317-4429 CHANHASSEN MN 55317-4431 CHANHASSEN MN 5531E-4416 THOMAS G & STACY R NEVERS JOYCE E NOON PATRICIA M O'CONNOR 2767 CENTURY CIR 7685 CENTURY BLVD 7767 VILLAGE ST CHANHASSEN MN 55317-4416 CHANHASSEN MN 55317-4415 CHANHASSEN MN 55317-4431 SCANNED CHRISTINE M OTTUM ANTHONY A PACHOLKE & STEPHEN F & JOLENE P 7772 VILLAGE ST KATHRYN E HUTCHINSON PANCIOCCO CHANHASSEN MN 55317-4431 7765 VILLAGE ST 2771 CENTURY CIR CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317-4416 PULTE HOMES OF MINNESOTA PARA PARTNERS LLC LORETTA POOL CORP 1620 WEST FARM RD 2867 ARBORETUM VILLAGE TRL 815 NORTHWEST PKY CHASKA MN 55318- CHANHASSEN MN 55317-4436 SUITE 140 EAGAN MN 55121-1580 JANINE B PUNG CHRISTOPHER A RASMUSSEN & JILL M ROSCKES 2985 VILLAGE LN NICOLE L RASMUSSEN 2879 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4429 7681 CENTURY BLVD CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4415 CHAD A ROSW ICK STEVE A SAARI KARRY A SCHEIRER 2751 CENTURY CIR 7775 VILLAGE ST 2841 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4416 CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317-4436 DEREK & LAURA SCHILLING VANESSA T SCHMIDT JEAN M SCHULTZ 2847 ARBORETUM VILLAGE TRL 2983 VILLAGE LN 2865 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4429 CHANHASSEN MN 55317-4436 KATHARINE S SEVERSON STEVEN SLOWEY STEVEN P SUTTON 7778 VILLAGE PL 2505 BURLEIGH ST 7768 VILLAGE ST CHANHASSEN MN 55317-4430 YANKTON SD 57078-189B CHANHASSEN MN 55317-4431 Y F TOMSICH & REGENTS OF UNIV OF MINNESOTA JEFFRE JEFFRE NIE J KUTZ PATRICK S TORUNO C/O REAL ESTATE OFFICE STEPHA2755 CENTURY CIR 7741 ARBORETUM VILLAGE CIR 319 15TH AVE SE CHANHASSEN MN 55317-4416 CHANHASSEN MN 55317-4426 424 DON HOW E BLDG MINNEAPOLIS MN 55455-0118 US BANK NA WATERTOWER PARTNERS LLC NANCY L WRIGHT ATTN: AMY HERNESMAN PO BOX 532 2763 CENTURY CIR 2800 LAKE ST E VICTORIA MN 55386-0532 CHANHASSEN MN 55317-4416 MINNEAPOLIS MN 55406-1930 WYLS, LLC SARA M ZUEHLKE RICH SLAGLE PO BOX 113 7766 VILLAGE ST 7411 FAWN HILL ROAD YANKTON SD 57078-0113 CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317 SCANNED ' Planning Commission Sun4kry — September 7, 2004 2. Less than or equal to 60 degrees from horizontal of the beam. 3. Less than or equal to 60-watt incandescent light. 4. Aimed at a spot less than or equal to 10 feet from the ground. All voted in favor, except Lillehaug who opposed, and the motion carried with a vote of 4 to 1. PUBLIC HEARING: VARIANCE TO THE SIDE YARD SETBACK TO CONSTRUCT A THREE -SEASON PORCH ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT -RESIDENTIAL (PUD-R), LOCATED AT 7200 LODGEPOLE POINT, ,TAMES & KRISTIN RUELLE — PLANNING CASE NO.04-28. Public Present: Name Address Jim Ruelle 7200 Lodgepole Point Josh Metzer presented the staff report on this item. Commissioner Papke asked about the elevation difference between the subject house and the neighboring house. Commissioner Lillehaug asked if the City had a potential need for a full 9-foot side yard easement. Chairman Sacchet asked about the patio door, the angle the house was constructed on the lot, and the specifics of two previous variance requests in the neighborhood. Commissioner Keefe asked about the design of the porch and deck, and comparison of a similar variance. The applicant, Jim Ruelle, addressed the Planning Commission and answered questions from the Commission. After discussion, the following motion was made: Papke moved, Tjornhom seconded that the Planning Commission approves Variance 04-28 for a 6.75-foot setback as shown on the plans stamped "Received August 5, 2004" with the following conditions: 1. A building permit must be applied for within one year of approval of the variance or it shall become void. 2. The proposed addition must be built per plans stamped "Received August 05, 2004." 3. The proposed addition must not encroach into the existing 5 foot drainage and utility easement. All voted in favor, except Papke who opposed, and the motion carried with a vote of 4 to 1. PUBLIC HEARING: ADDITION, LOCATED SOUTH OF HIGHWAY 5, WEST OF CENTURY BOULEVARD 2 ~ Planning Commission Sunk — September 7, 2004 • AND NORTH OF CORPORATE PLACE, HELSENE PARTNERS. LLC — PLANNING CASE NO.04-29. Public Present: Name Address Chris Helsene, Helsene Partners, LLC Brenda M. Helsene, Helsene Partners, LLC Gene Helsene, Helsene Partners, LLC Robert Generous presented the staff report on this item. Commissioner Tjornhom asked if any other exceptions have been made for a retail store in the area. Commissioner Papke asked what the response would be from the existing floral shops in downtown Chanhassen who are paying retail property taxes. Commissioner Keefe asked about the existing personal service businesses on the site. Chairman Sacchet asked about the existing "borderline" retail stores located nearby (All About Lights, Buck's Unpainted Furniture, Sherwin-Williams, etc.). Commissioner Lillehaug asked what other types of retail would be allowed if approved. The applicant, Chris, Brenda and Gene Helsene of Helsene Partners, LLC, addressed the Planning Commission and answered questions from the Commission. After discussion, the following motion was made: Lillehaug moved, Papke(?) seconded that the Planning Commission recommends denial of the amendment to the Planned Unit Development (PUD #92-6) development design standards to permit retail uses based on the findings of fact and recommendation attached to the staff report dated September 7, 2004. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF M RJTES: Commissioner Keefe noted the verbatim and summary minutes of the Planning Commission meeting dated August 17, 2004 as presented. Chairman Sacchet adjourned the Planning Commission meeting at 8:40 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Kim Meuwissen 3 Planning Commission Me^ — September 7, 2004 2. The proposed addition must be built per plans stamped "Received August 05, 2004: ' 3. The proposed addition must not encroach into the existing 5 foot drainage and utility easement. All voted in favor, except Papke who opposed, and the motion carried with a vote of 4 to 1. Sacchet: Looks like that is our ratio for tonight. Thank you very much. Good luck with your porch. With that, we get up to our third item. PUBLIC HEARING: Public Present: Name Address Chris Helsene, Helsene Partners, LLC Brenda M. Helsene, Helsene Partners, LLC Gene Helsene, Helsene Partners, LLC Robert Generous presented the staff report on this item. Generous: Thank you Mr. Chairman and Commissioners. Again, this is an amendment to an existing Planned Unit Development. It was designed to be a light industrial park. There are some commercials in the development. A hotel is going up across the street from this site. They do have a restaurant pad. However, retail uses were never anticipated as part of this project with one exception of the C-store on 82°d Street and Highway 41. Sacchet: The convenience store there? Generous: The convenience store, yes. Citgo. Arboretum Citgo. The design standards were very specific in that there would be the only one retail site within the development street and it would be on 82°d Street. That was intentionally put in there to provide for the large industrial base in Chaska just to the south of there and as a convenience retail opportunity for the rest of this development. The City has other areas that are currently guided and zoned for commercial uses just to the north of Highway 5 on Century there's a commercial center going in. That's where we believe retail operations should be located. There is an advantage to this site because it wasn't zoned commercial for retail uses. There is a different valuation type down there so we would put the other commercial sites at a disadvantage if we permit it in there. Staff is 23 Planning Commission Mee% — September 7, 2004 • recommending denial of the amendment to the PUD. With that, I would be happy to answer any questions. Sacchet: Thanks, Bob. Questions for staff? Bethany, go ahead. Tjornhom: I want to have my standard question to you, Bob. Have you made other exceptions in this area for any retail store? Generous: Not within the PUD. There is, to the north of it, within the shopping center, the Century Plaza Development. Sacchet: Is that an exception? Generous: No, but that's really located in commercial for this area. The City, over time we've allowed commercial to creep out of our downtown because our downtown area has been planned for our primary commercial uses; however, we do allow some support commercial out within planned developments and they're out in other areas within the City but within the PUD, no. We have allowed personal services which are more office -type uses, but no retail with people coming in and buying an item and leaving. Tjornhom: And convince me why that's bad, or why is that what we don't want there. Generous: Because this is an area that was intended for more office/industrial-type uses and once you start going away from that then, retail is a lot easier to get people in, especially if you have the price advantage that there is the potential for an industrial park to do. Land values in industrial parks are much less than in a straight commercial retail zoning category. Papke: I guess I do have a question. What do you think the response would be of the ... I guess this is intended to be a floral shop? Generous: A floral shop. Papke: What do you think the response would be of the existing floral shops in downtown Chanhassen who are paying retail property taxes and so on to this request? Generous: Of course they may be opposed to it but that... Sacchet: Steve? Dan? Do you have more questions, Bethany? Tjornhom: No. I don't think so. Sacchet: More questions? Steve? Dan? Keefe: The use that's in there, it looks like there's some, it's not really retail. You've got a restaurant, right? Subway. 24 Planning Commission Med* — September 7, 2004 • Generous: Yes. Keefe: Styles, that's a hair salon? Generous: Personal services. Keefe: Okay. That's personal services and karate is? Generous: It's on the personal services side... Keefe: Okay. So there is some sort of breadth of uses which you actually can go in there, personal services that are not specifically retail? Generous: Yes. Keefe: Okay. Sacchet: There are two parts of this building where you can, do we know what part the floral shop want? The big one on the south or the little one on the northwest? Generous: I believe it's the big one on the south part. Sacchet: Part of it? Now, we touched on what's in there currently. Subway is not considered retail? I mean, people come to buy something to go. Generous: Yes, but it we were looking at that as a commercial support, almost like a service. This was approved for up to 1.2 million square feet of officelindustrial development and we wanted people to have an opportunity to get... Sacchet: Eat a sub but we don't want them to buy flowers? Generous: Well, then you turn it all into retail. Sacchet: I'm not trying to make a joke here but we have like borderline retail with the lighting store, with the furniture store and the paint shop over on the west side. That's not retail? Generous: Those were primarily geared toward supplying the builders and so they contract with like Lundgren Bros. and they'll outfit a whole house and then the contractor actually gets the stuff from there; however, it is open for people to come in, yes. Sacchet: So it is sort of retail. Keefe(?): A combination wholesale & retail. 25 Planning Commission Me^ — September 7, 2004 • Sacchet: So it's kind of neither bird nor fish. I've used that before. People don't understand it in this country. Now there is an allowance of, what is it? Twenty percent or something that can be showroom or what? Generous: Yes. Sacchet: Where stuff that is manufactured on -site or assembled or ... now with furniture and lighting, the assembly probably goes as far as taking it out of the box? Does that fall into that category? Generous: That went under the direction of Council. Council interpreted that that is an appropriate use in that location. Sacchet: So, could we possibly argue that a flower bouquet is assembled in a store? Generous: When they first came in they were arguing that they were providing a consulting service and most of their operation would be actually someplace else. Someone comes in and orders the arrangements for a wedding for instance; however, when we looked at it, we saw a flower shop. Sacchet: What I'm trying to hammer on here is, this is such a gray area. You rolled out big guns here saying it's contrary to code, to the comprehensive plan. It's hard to argue with that and then the property value aspect is very significant. Do we have more questions? Lillehaug: I have one quick one. Bob, can you give me...we keep talking flower shop. What does this actually open up the door for? Are we specifically requesting for a flower shop or is it all retail? Generous: Any retail. Lillehaug: So what does that open the door for? What other types of retail do you see that changes the character? Generous: A convenience store would be able to go in there. Anything that sells on a retail basis... Lillehaug: So it wouldn't necessarily remain a flower shop? Generous: No. Lillehaug: So it could turn over to be a record store, whatever? Generous: Specialty retail... `TI Planning Commission Mee*g — September 7, 2004 • Sacchet: Alright. I think we are ready to hear from the applicant. If you please want to come forward, state your name and address and see what you can tell us to try to convince us that this is appropriate. Chris Helsene: My name is Chris Helsene from the Century Boulevard Court, Gene Helsene and Brenda Helsene. Sacchet: A family venture, I can tell. Welcome. Helsene: As far as we think, the way the corner is developing, not only the southwest comer but the northeast corner, it seems to be that there is retail on the north side just the way it's going with the hotel. I don't know if hotels fall under office and light industry, but we're trying to get that small portion as you can see, maybe possibly rezoned. Trying to head off maybe future problems. We are working with a florist. We hope that hasn't gone away because this process does take some time. I have been in communication with them and they seem to be still eager. We tried to go with just getting a florist in but evidently it doesn't fall under the appropriate term, so the only other alternative that we know of is to try to change the whole corner unless there are other alternatives. Sacchet: Just to clarify: you said the florist's specific request was not... Helsene: As far as? We're working with a florist. We've come to terms. Sacchet: Why did you not come in specifically asking for florist? That's my question. Helsene: Why were we specifically? Sacchet: Why were you not specifically asking for florist? Helsene: Well, we did when we first went to the City. We tried to get a permit to get the florist in. Generous: Administratively. Sacchet: Okay. Helsene: But staff, we weren't going to get the permit because they don't fall under personal service, they fall under the category of, I can't name it offhand, but it falls under retail. Sacchet: Okay. I didn't mean to interrupt. Helsene: No, that's fine. So that's why we're doing what we are doing is to hopefully still get the florist in. Sacchet: Alright. Questions for the applicant? 27 Planning Commission Me*g — September 7, 2004 • Keefe: I've got to believe that this particular corner is really going to improve, particularly with Life Time coming in. You're going to have additional companies that are going to want to locate on your particular comer that are even beyond what the florist would want to do. I assume you're probably starting to see some of that activity already. I'm kind of looking at it, I've got to believe there's going to be other potential beyond just a florist that may not be just retail. I mean you've already got current uses in there, so I'm kind of scratching my head a little bit going, well as this corner improves, I think you're going to get more visibility, there's going to be more traffic going by, there's going to be more people coming there with Life Time corporate coming in. I just keep thinking that you're going to have other... Helsene: And we hope potentially to see that come. There are other alternatives that we wouldn't have to go this route. To kind of clarify, as far as the CB Styles and the It Figures, that is our own ... that's what we've always done and we've always rented from others so we decided to go out and do this ourselves. So we ourselves are trying to make a living off of a third of it and we're not filling the other portion as of yet... we've come to terms on a lease we think should be drying as we speak, but of course they didn't fit into the plans ... It's not that we're asking for medium markets to come in or anything like that. It's not that big of a building... It's so a convenience -type retailer can go that way... or a specialty destination. That's what I would think of it. As a smaller company, I know they don't fall under the category of say, personal services but, kind of when you think about it, a lot of their business does, a majority of their business doesn't actually go out the door, cash -in out the door with the product, its a lot of funeral arrangements, people order up and they deliver later. Sacchet: I remember when you came in for your building there and I'm trying to remember. When I went looking at it I seem to recall that you would have actually have used a large part of the building. Did that change in the process? Helsene: That we, ourselves? Sacchet: Yes, yourself for the hair place. Helsene: We use over a third of the building ourselves for our... Sacchet: Which part are you actually using? Helsene: We're using the middle section. Sacchet: You're using the middle for... Helsene: We felt the middle section would be the least desirable so we took it ourselves. Sacchet: So you have it on both sides, the middle part? Straight across. Okay. That's what confused me because it looked like, I remember you wanted a third of it. Helsene: We have this section straight through... 0 Planning Commission Meog — September 7, 2004 • Sacchet: So you got the Subway in one corner and then the other comer on the north side is vacant and the third on the south is vacant? Helsene: Yes. We have a small section on the northwest comer that is vacant and we have a much larger section on the south side. Sacchet: And you haven't seen much interest in that? Helsene: ... and our rates are very good for whoever's listening. Sacchet: And staff said in order to get a flower shop in there you would need to ask for this to be commercial across the board. Helsene: That's our understanding. Sacchet: Okay. Go ahead, Bethany. Tjomhom: Maybe this is an inappropriate question again, Bob, but do you ever see this area changing so it's not office industrial park anymore? Sacchet: Unpredictable. Tjomhom: Well, with all the changes that are happening in the City. Generous: I don't, I never say never but we have We Time Fitness going in but then they're having their corporate offices coming in and then they have two vacant lots within the development and I don't anticipate those changing... Could it be convenience? That's a policy decision that would be ultimately up to the City Council. Tjomhom: Okay. Sacchet: You were clear about that restriction on that site when you went in there that it was not retail. The PUD specifically lists the things of what is acceptable and that list has been amended a couple of times. Helsene: Yes. Sacchet: Okay. Any other questions of the applicant? Thank you very much. This is a public hearing. If anybody wants to speak up about this, this is your time. Since we don't have too many people here, I close the public hearing and bring it back to the Commission. Keefe: Do you ever permit an interim use for a particular... Sacchet: That's a question for Bob. Do we have an interim use permit for something that is? 29 Planning Commission Me*g — September 7, 2004 • Generous: Well, we do in this development for the church. It's permitted in one of the buildings and there are some standards that once they exceed that pressure of the need to develop. Keefe: So have we ever seen anything like where we would tie an interim use to a lease, potentially? Generous: No, we generally try not to get into that lease arrangement. We look at the size of the operation ... once it hits a certain threshold is where we say no, it's no longer appropriate there. Generally, like for churches, once they get a certain membership they can afford to go out and get their own operation and facilities. Tjomhom: I have one more question. I'm sorry; I have one more question for the applicant. What percentage of your business is walk-in to buy a pot of flowers and walk out versus weddings or someone ordering flowers to be delivered? Helsene: I can't say about the flowers. Sacchet: He's not the flowers. They're the haircutters. Helsene: In talking to the florist I gather that it tends to be the main focus. I don't know anything about running a florist but I've ordered flowers. I've never actually gone into a store. I either called for a funeral or have them sent to my wife. ...I'm just generalizing ... I think a smaller portion of their business is actually retail in the sense of what retail as the scope is as far as walk in and walk out with a product. Tjomhom: Right. Because like All About Lights... Sacchet: The furniture store next door. Keefe: ... Sherwin-Williams... Tjomhom: It is where you can walk in. You can buy a sofa or you could just order through your builder. To me, and I'm making a comment now, but it just seems to be on the same line... Sacchet: We are on comments. You're right on target, Bethany. Tjomhom: We are? Okay. To me it just seems like it's the same thing in my mind. It's the same thing if I'm going to order some flowers or order some lighting. I'm not necessarily shopping in a floral store. Keefe: About an interim use on a percentage basis, are we looking at, I mean does the use within the PUD that is currently retail is just limited to the location of the PUD which is that C- store... What we are looking to be approved here is retail for the entire PUD? Generous: No, just for that 4th Addition. 9M Planning Commission Me*g — September 7, 2004 • Keefe: Okay. Sacchet: So it would include the bank and the childcare place? Generous: Right. Helsene: And then our location. Sacchet: And then your place. Generous: Block 1 of the 4th Addition. Sacchet: Is that going to track off their property taxes? Generous: I think that the assessor looks at it more by the actual uses there so if they got a lot retail in, it may. I don't know exactly how they calculate all that. Look at income potential of the property? Lillehaug: I respect the comments everybody's making about the precedent already set by All About Lights and Buck's Unpainted Furniture and all that kind of stuff, but if I understand where you're going Bob, the intent here is to prevent the sprawl, if you will, of retail out into a commerciallindustrial area and, at this point, with Life Time just starting to move dirt, I would be reluctant to say that there is a financial hardship in this case. The applicants came into this with their eyes wide open knowing that this was commercial/industrial, not retail, and we're just breaking ground on Life Time. I think it's a little early to know what the needs are going to be in that part of the City right now to change the plan for this property so, even though I think as a couple people have pointed out that there is some quasi -retail in the area already, that doesn't mean we want to encourage more of that kind of thing. Sacchet: That's a question, just a second Steve. Bob, we have empty retail space available in the City in downtown and north of Highway 5? Generous: Yes. That new building that's going in isn't fully leased. I think they only have one tenant. Sacchet: Alright. Steve, go ahead. Lillehaug: I guess my comment, I don't have any questions. Sacchet: Yes, were on comments. That's fine. Lillehaug: The main thing in my mind is changing the character of the development. Does a flower shop change the character of that development? Probably not, but that's not what's in front of us here. We're asking to change the PUD standard to retail for that entire lot and I don't support doing that. 31 Planning Commission Me*g — September 7, 2004 9 Sacchet: That's clear. Bethany, Dan, anything more to add? Keefe: I have a tendency to agree with Steve on that. The question I have is, is there any way to do something interim but I just don't know. Sacchet: I think that's a good point, Dan. When you bring in the concept of a possible interim use permit, specifically to flower shops to kind of bridge the gap, but then the timeline of Life Time Fitness is obviously very accelerated and I think Kurt had a very good point about that. Where I stand with this, I mean to make that whole area, which is not a big area, but make that available for retail, we'd really be modifying the comprehensive plan and that's not our role as the Planning Commission. That would definitely have to be the City Council in my opinion. That's where I do have to draw the line. You could say well, we've had these other variances earlier tonight where we decided was sort of in the realm of triviality. To change the comprehensive plan is certainly not trivial and it is very clearly not within our reach of authority to deal with and, unfortunately, the way this proposal has come in front of us, it is asking for this to make it flat-out retail and I don't think that is within our reach. It simply is not within our reach of authority, the way I understand what our role is. It isn't compatible with the complete set plan of the City, as such, and I have to agree with staff on that and I can't really argue with that even if it were within our reach of authority to deal with. Now, would it be within our reach to add florists to the list of allowed uses in the PUD? There, I would feel more comfortable deciding and discussing it, but I'm sure whether I would want to add it in there because then where do we end? You already have a sort of a lighting store, a sort of a furniture store. Is Subway going to be considered retail? If we would apply, was it 20% or 25%, showroom aspect that can be sort -of retail, we could probably argue away why there is a lighting store, why there is a furniture store, paint shop, and we could apply it to this particular development. We could argue well, is Subway a retail -oriented thing or not, that would certainly fit within that 20% to 25% of the space, but does it still fit in the 20% to 25% if we add a florist store. That would be a totally different discussion at that point. Lillehaug: If I could interject. That would come back to my rhetorical question before of would that be equitable to the existing two floral businesses here in Market Square and just down the street here and from a competitive standpoint we would be placing the existing businesses at a financial disadvantage by doing that to them. Sacchet: Which is definitely a thing we have to be conscious and careful about, too. As much as we'd like to help the applicant get over filling the vacancy, I do think it is a very promising situation there with Life Time Fitness going... (The tape was changed at this point) Sacchet: ... It's way out of our reach to make a decision about the comprehensive plan here. So with that, unless there are more comments, I'm willing to take a motion. Lillehaug: Mr. Chair, I'd like to make a motion. 32 Planning Commission Meog — September 7, 2004 • Lillehaug moved, Papke(?) seconded that the Planning Commission recommends denial of the amendment to the Planned Unit Development (PUD #92-6) development design standards to permit retail uses based on the findings of fact and recommendation attached to the staff report dated September 7, 2004. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Sacchet: I would like to recommend to the applicant, if you want to pursue this further to appeal it to the City Council. That would be the right body to look at this but I would actually more encourage you to try to be more specific in your request and try to make a blanket change. I think it would be very hard to justify that at this point in the circumstances you have because really what this request in front of us asks is something very different from just having a flower shop there. Helsene: Is there any way... Sacchet: I would have to direct you to work with staff with this, and apparently staff directed you to take this approach. Maybe that could be revisited. I don't know. But that's something you would have to discuss with staff, with Bob and I don't know where he worked with any of the other planners. Whether it is a possibility to consider maybe an amendment to the list of allowed uses, rather than a rezoning of this to be retail. It may be that this is so clearly retail that it would need the bigger change and that would be hard. From that angle, I think that Life Time Fitness is going to put a lot of attention to this place. That is not far away. That's always the fallback which is not all that bad in the end. But I'm not in a position to really counsel you, I'm just making a few comments to give you a framework and you will have to work with staff in particular. So, with that, I thank you very much. Does somebody want to note the minutes from last time, please? APPROVAL OF MINUTES: Commissioner Keefe noted the verbatim and summary minutes of the Planning Commission meeting dated August 17, 2004 as presented. Chairman Sacchet adjourned the Planning Commission meeting at 8:40 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Kim Meuwissen 0-1 NOTICE OF PUBLIC HEARING PLANNING CASE NO. 04-29 CITY OF CHANHASSEN - NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 7, 2004, at 7:00 p.m. in the Council Chambers in Chanhacmn City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for an amendment to the Arboretum Business Park PUD Design Standards to permit retail uses on Block 1, Arboretum Business Park 4- Addition, located south of Highway 5, west of Century Boulevard and north of Corporate Place. Applicant Helsene Partners, LLC. A plan showing the location of the Proposal is available for public review at City Hall during regular business hours. All Interested persons are invited to attend this public hearing and expresstheiropinions withrespeci to this proposal. Robert Generous, Senior Planner Email: b¢enerousCoci chaub-a- sen ran Phone: 952-227- 1131 (Published in the Chanhassen V i0ager on Thursday, August 26, 2004; No. 4256) 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.le was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part 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: abcdefghijklmnyz Laurie A. Harmraan Subscribed and sworn before me on k GV EN M. RADUENZ PH TARY: JBi1C MIyNE50TA °y.�C a 1dy Cr . s;un res Jan. 37. 2005 �eaoeoaoh+a�a RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch Maximum rate allowed by law for the above matter ............................... $22.00 per column inch Rate actually charged for the above matter ............................................... $10.85 per column inch SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 MY OF (952) 227-1100 CBSEN To: Helsene Partners, LLC 7874 Century Boulevard Chanhassen, MN 55317 Ship To: Invoice SALESPERSON DATE 7777 TERMS KTM 8/26/04 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 86 Property Owners List within 500' of Block 1, Arboretum Business Park $3.00 S258.00 41" Addition (86 labels) TOTAL DUE $258.00 Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #04-29. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! gAplan\fo \invoice-gis.doc PublioWearing Notificationorea Arboretum Business Park Lot 4, Block 4 PUD Amendment (Block 1, Arboretum Business Park 4th Addition) Boulevard City of Chanhassen Planning Case No. 04-29 Subject Site State Hwy 5 Arboretum JONATHAN ROMAN ABAD & SHANNON G ABAD 2759 CENTURY CIR CHANHASSEN MN 55317-4416 GLENDA ANDAYA 7793 VILLAGE PL CHANHASSEN MN 55317-4430 ARBORETUM VILLAGE COMMUNITY ARLENE L AVESTRUZ NORTHWEST PKY SUITE MN 55121- P877 ARBORETUM VILLAGE TRL EAGAN M SUITE CHANHASSEN MN 55317-4436 ARBORETUM III REALTY PTRS LLP 361000RD101 WAYZATA MN 55391-3424 AMY E BADENOCH 7785 VILLAGE PL CHANHASSEN MN 55317-4430 JILL R BONNEMA LAURA A BRAHEE ANGELINA T BROWN 7747 ARBORETUM VILLAGE CIR 2989 VILLAGE LN 2787 CENTURY CIR CHANHASSEN MN 55317-4426 CHANHASSEN MN 55317-4429 CHANHASSEN MN 55317-4416 STEVEN G & CATHLEEN E BUSSLER CENTURY 2000 PARTNERS LLP CHANHASSEN ACQUISITIONS LLC 2995 VILLAGE LN 3610 SOUTH HWY 101 PARKER HANNIFIN CORP 6035 PARKLAND CHANHASSEN MN 55317-4429 WAYZATA MN 55391-3424 03CLEVELAND OH 441244124-4141 KINDERCARE REAL ESTATE CORP CHASKA GATEWAY PARTNERS COEUR TERRA LLP ATTN: TAX DEPT 3610 CO RD 101 3610 SOUTH HWY 101 650 NE HOLLADAY ST WAYZATA MN 55391-3424 WAYZATA MN 55391-3424 #1400 PORTLAND OR 97232-2096 SHANE R CARWE LINDA SUSAN DEROSA DANA L & PATRICIA L DONNAY 2993 VILLAGE LN 7755 VILLAGE ST 2871 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4429 CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317-4436 TRAVIS EARSLEY KIMBERLY B FARNIOK CAROLE FINK 2839 ARBORETUM VILLAGE TRL 2869 ARBORETUM VILLAGE TRL 2845 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4436 SARAH J FISCHER JEFFREY R & KATHLEEN JENNIFER L FREDERIXON 7790 VILLAGE PL FORSBERG 7784 VILLAGE PL CHANHASSEN MN 55317-4430 2779 CENTURY CIR CHANHASSEN MN 55317-4430 CHANHASSEN MN 55317-4416 DUANE C & LOLA GELLNER & JULIE K GRIMM RYAN L GROSAM M 86 VILLAGE RD EY E GELLNER 7745 ARBORETUM VILLAGE CIR 7773 VILLAGE ST CHANHASSEN VILNHASSEN MN 55317-4430 CHANHASSEN MN 55317-4426 CHANHASSEN MN 55317-4431 CHA KAREN R HAAKENSON ANDREW E HARRIS & KOREN HAWK 7791 VILLAGE PL SALLY L WOOD 2849 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4430 7771 VILLAGE ST CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4431 E HELSENE PARTNERS LLC HAILAN HUANG WENDY A HUBER 5685 GRANT LORENZ RD 7749 ARBORETUM VILLAGE CIR 7753 VILLAGE ST EXCELSIOR MN 55331-8363 CHANHASSEN MN 55317-4426 CHANHASSEN MN 55317-4431 THOMAS J ISSENDORF 7770 VILLAGE ST CHANHASSEN MN 55317-4431 LESLIE E JOHNSON 7689 CENTURY BLVD CHANHASSEN MN 55317-4415 KIMAN & JUNG JOO 7693 CENTURY BLVD CHANHASSEN MN 55317-4415 HEATHER J KNUDSEN 7783 VILLAGE PL CHANHASSEN MN 55317-4430 JEFF LACUGNATO 2873 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4436 MARCIA L LEININGER 7764 VILLAGE ST CHANHASSEN MN 55317-4431 LUNDGREN BROS CONSTRUCTION 935 WAYZATA BLVD E WAYZATA MN 55391-1899 KARIN S MOORE 2991 VILLAGE LN CHANHASSEN MN 55317-4429 STEPHANIE J JESBERG 7774 VILLAGE ST CHANHASSEN MN 55317-4431 RANDY ALAN JOHNSON & TIFFANY LYNN WANNINGER 7769 VILLAGE ST CHANHASSEN MN 55317-4431 JACQUELINE E JOPP 7787 VILLAGE PL CHANHASSEN MN 55317-4430 JUSTIN C KROEGER 7789 VILLAGE PL CHANHASSEN MN 55317-4430 TRAVIS P LAKE 2783 CENTURY CIR CHANHASSEN MN 55317-4416 RINGO & TRISHA LEIPOLD 2875 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4436 MICHAEL J MALOY & FRANNIE D SPIEGEL 7780 VILLAGE PL CHANHASSEN MN 55317-4430 JENNIFER S NASH 7760 VILLAGE ST CHANHASSEN MN 55317-4431 ERIC WAYNE JESKE 2843 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4436 CHRISTOPHER M JONES 7751 ARBORETUM VILLAGE CIR CHANHASSEN MN 55317-4426 ROBERT F JR & MELISSA L KERR 7788 VILLAGE PL CHANHASSEN MN 55317-4430 TARA L KROEGER 2981 VILLAGE LN CHANHASSEN MN 55317-4429 ALLEN K LARSON JR ALLEN K LARSON SR 7647 ARBORETUM VILLAGE LN CHANHASSEN MN 55317-4425 ERIC A & KELLY J LORENZ 7762 VILLAGE ST CHANHASSEN MN 55317-4431 JUDITH A MERTZ 7743 ARBORETUM VILLAGE CIR CHANHASSEN MN 55317-4426 MARK NELSON & BRITTNEY PARMER 2775 CENTURY CIR CHANHASSEN MN 55317-4416 THOMAS G & STACY R NEVERS JOYCE E NOON PATRICIA M O'CONNOR 2767 CENTURY CIR 7685 CENTURY BLVD 7767 VILLAGE ST CHANHASSEN MN 55317-4416 CHANHASSEN MN 55317-4415 CHANHASSEN MN 55317-4431 CHRISTINE M OTTUM ANTHONY A PACHOLKE & 7772 VILLAGE ST KATHRYN E HUTCHINSON CHANHASSEN MN 55317-4431 7765 VILLAGE ST CHANHASSEN MN 55317-4431 PARA PARTNERS LLC LORETTA POOL 1620 WEST FARM RD 2867 ARBORETUM VILLAGE TRL CHASKA MN 55318- CHANHASSEN MN 55317-4436 JANINE B PUNG CHRISTOPHER A RASMUSSEN & 2985 VILLAGE LN NICOLE L RASMUSSEN CHANHASSEN MN 55317-4429 7681 CENTURY BLVD CHANHASSEN MN 55317-4415 CHAD A ROSWICK STEVE A SAARI 2751 CENTURY CIR 7775 VILLAGE ST CHANHASSEN MN 55317-4416 CHANHASSEN MN 55317-4431 DEREK & LAURA SCHILLING VANESSA T SCHMIDT 2847 ARBORETUM VILLAGE TRL 2983 VILLAGE LN CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4429 KATHARINE S SEVERSON STEVEN SLOWEY 7778 VILLAGE PL 2505 BURLEIGH ST CHANHASSEN MN 55317-4430 YANKTON SD 57078-1898 JEFFREY F TOMSICH &STEpATRICK S TORUNO 2755 CENTURY J KUTZ 7741 ARBORETUM VILLAGE CIR 755 CENTURY CIR CHANHASSEN MN 55317-4416 CHANHASSEN MN 55317-4426 US BANK NAATTWATERTOWER PARTNERS LLC 2800 A ERNESMAN PO BOX 532 800 LAKEE STTE MINNEAPOLIS MN 55406-1930 VICTORIA MN 55386-0532 WYLS, LLC SARA M ZUEHLKE PO BOX 113 7766 VILLAGE ST YANKTON SD 57078-0113 CHANHASSEN MN 55317-4431 STEPHEN F & JOLENE P PANCIOCCO 2771 CENTURY CIR CHANHASSEN MN 55317-4416 PULTE HOMES OF MINNESOTA CORP 815 NORTHWEST PKY SUITE 140 EAGAN MN 55121-1580 JILL M ROSCKES 2879 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4436 KARRY A SCHEIRER 2841 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4436 JEAN M SCHULTZ 2865 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4436 STEVEN P SUTTON 7768 VILLAGE ST CHANHASSEN MN 55317-4431 REGENTS OF UNIV OF MINNESOTA C/O REAL ESTATE OFFICE 319 15TH AVE SE 424 DON HOWE BLDG MINNEAPOLIS MN 55455-0118 NANCY L WRIGHT 2763 CENTURY CIR CHANHASSEN MN 55317-4416 CITY 07 CHANHASSEN 7700 MARKET BLVD • • CHANHASSEN MN 55317 Payee: HELSENE PARTNERS LLC Date: 09/07/2004 Time: 2:48pm Receipt Number: DW / 5397 Clerk: DANIELLE GIS LIST 04-29 ARBORETUM BUS PARK 4TH ADDN ITEM REFERENCE ------------------------------------------- AMOUNT GIS GIS LIST 04-29 GIS LIST 258.00 Total: --------------- 258.00 Check 1055 258.00 Change: --------------- 0.00 THANK YOU FOR YOUR PAYMENT! CITY OF CHMNSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone:952227,1100 Fax: 952.227.1110 Building Inspections Phone: 952.227,1180 Fax 952.227.1190 Engineering Phone: 952.227.1160 Fax:952227,1170 Finance Phone: 952.2271140 Fax 952.2271110 Park & Recreation Phone:952.227.1120 Fax: 952.227,1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227,1110 Public Works 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 September 29, 2004 Mr. Chris Helsene Helsene Partners LLC 7874 Century Boulevard Chanhassen, MN 55317 Re: Amendment to Arboretum Business Park Planned Unit Development Planning Case #04-29 Dear Mr. Helsene: I am writing to confirm that on September 27, 2004, the Chanhassen City Council denied the amendment to the Arboretum Business Park Planned Unit Development (PUD #92-6) development design standards to permit retail uses. If you have any questions or if I can be of further assistance, please contact me at (952) 227-1131 or benerous@ci.chanhassen.mn.us. Since Robert Generous, AICP Senior Planner The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding (rails, and beautiful parks. A geat place to live, work, and play. ab MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner CWHESEN DATE: September 27, 2004 T700 Market Boulevard PBox SUBJ: Amendment to the Arboretum Business Park PUD DesignStandards Chanhassen, MNN 55311 to Permit Retail Uses —Planning Case No. 04-29 Administration Phone: 952.227.1100 Fax: 952.227.1110 EXECUTIVE SUMMARY Building Inspections PFax:952227.1190 The applicant is requesting an amendment to the PUD standards to permit retail uses Fax: 952.221.1190 in the Arboretum Business Park. Specifically, they requested that these uses be Engineering permitted on Lot 4, Block 4 of the Arboretum Business Park PUD Plan, which Phone:952.227.1160 corresponds to all of Block 1, Arboretum Business Park 4's Addition. Fax 952.227.1170 Finance ACTION REQUIRED Phone: 952.227.1140 Fax: 952.227.1110 City Council approval requires a majority of City Council present. Park & Recreation Phone:952.227.1120 PLANNING COMMISSION SUMMARY Fax: 952.227.1110 Recreation er CenterThe 2310 Coulter Boulevard Planning Commission held a public hearing on Septembem004, to review Phone:952.227.1400 the proposed amendment. The Planning Commission voted 5 to 0 to recommend Fax:952.227.1404 denial of the proposed PUD Amendment. The Planning Commission felt that pernntting retail commercial in this area would be modifying the comprehensive Planning & Natural Resources plan as well as changing the character of the development. Phone: 952.227,1130 Fax: 952.227.1110 The summary and verbatim minutes are item la of the City Council packet for Public Works September 27, 2004. 1591 Park Road Phone:952.227.1300 RECOMMENDATION Fax: 952.227.1310 Senior center Staff and the Planning Commission recommend adoption of the following motion: Phone: 952.227.1125 Fax:952.227.1110 "The Chanhassen. City Councils approves the motion, denying the PUD Web site amendment, as specified on page 6 of the staff report dated September 7, 2004." www.6chanhassen.mrims ATTACHMENTS 1. Planning Commission Staff Report Dated September 7, 2004. P 6 �� t, nfA,0 , g:\plan\2004 planning casesk04-29 - arboretum business park lot 4, block 4 pud amendmen6executive summary abp remil.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. 0 CITY OF CHANHASSEN STAFF REPORT PC DATE: September 7, 2004 CC DATE: September 27, 2004 REVIEW DEADLINE: 10/5/04 CASE #: 04-29 BY: RG PROPOSAL: Amendment to the Arboretum Business Park PUD Design Standards to Permit Retail Uses LOCATION: Block 1, Arboretum Business Park 4`s Addition South of TH 5, west of Century Boulevard and north of Corporate Place APPLICANT: Helsene Partners LLC 7874 Century Boulevard Chanhassen, MN 55317 (952)448-2533 PRESENT ZONING: Planned Unit Development, PUD, Office Industrial Park 2020 LAND USE PLAN: Office/industrial ACREAGE: 4.0 DENSITY: NA SUMMARY OF REQUEST: The applicant is requesting an amendment to the Planned Unit Development to permit retail uses on lots within the Arboretum Business Park e Addition. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City has a relatively high level of discretion in approving rezonings, PUD's, and amendments to PUD's because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. Notice of this public hearing has been mailed to all property owners within 500 feet. Location Map Arboretum Business Park Lot 4, Block 4 PUD Amendment (Block 1, Arboretum Business Park 4th Addition) City of Chanhassen Planning Case No. 04-29 m r ' YNa9a bane Wb F 9/d e®®N® State Hwy 5 Arboretum Boulevard W 7BTI r _ Subject Site L Arboretum Business Park PUD Design Standards Planning Case No. 04-29 September 7, 2004 Page 2 PROPOSAL/SUMMARY The applicant is requesting an amendment to the PUD standards to permit retail uses in the Arboretum Business Park. Specifically, they requested that these uses be permitted on Lots 4, Block 4 of the Arboretum Business Park PUD Plan, which corresponds to all of Block 1, Arboretum Business Park 0 Addition. BACKGROUND On August 9, 2004, the Chanhassen City Council approved an amendment to the Arboretum Business Park Development Design Standards, PUD #92-6, Permitted Uses to permit health clubs on Lot 5, Block 4, Arboretum Business Park PUD Plan (Outlot A, Arboretum Business Park 4t6 Addition to be platted as Lot 1, Block 1, Life Time Fitness). On April 14, 2003, the Chanhassen City Council approved Site Plan #2003-1, for a 10,366 square - foot, one-story building located on Lot 2, Block 1, Arboretum Business Park a Addition, a sign variance to permit wall signage on all four sides of the building, and an ordinance amending the Planned Unit Development for Arboretum Business Park adding Personal Services as a permitted commercial use and as the Third Amendment to the Arboretum Business Park Development Contract/PUD Agreement. On July 8, 2002, the Chanhassen City Council approved Site Plan #2002-5 for a one-story, 10,434 square -foot day care center with an exterior play area on 1.81 acres located on Lot 3, Block 1, Arboretum Business Park 0 Addition, KindetCare Learning Center. On June 24, 2002, the Chanhassen City Council approved the final plat for Arboretum Business Park 4d' Addition, creating three lots, one outlot and right-of-way for a public street (Corporate Place). On June 10, 2002, the Chanhassen City Council approved Site Plan #2002-4, as shown on plans prepared by Steiner Development, Inc., dated 4/12102, for a 3,066 square -foot building for US Bank on 1.07 acres located on Lot 1, Block 1, Arboretum Business Park a Addition. December 10, 2001, the city approved an amendment to the Planned Unit Development (PUD #92-6) Development Contract/PUD Agreement for Arboretum Business Park incorporating printing as a light industrial use; pernvtting indoor recreation/health clubs and recording studios in the existing office -industrial buildings in the project; and prohibiting vocational schools, public buildings (except in Outlots A and B), screened outdoor storage, and food processing. August 13, 2001, the city approved the amendment to the Planned Unit Development (PUD #92-6) to permit an Auto Services Center on the "Wrase" property with the stipulation that auto body repair is prohibited on the site. On July 26, 1999, the Chanhassen City Council approved an amendment to the PUD for Arboretum Business Park to permit a Church facility as an interim use in the building on Lots 3 and 4, Block 2, Arboretum Business Park 2°d Addition. Arboretum Business Park PUD Design Standards Planning Case No. 04-29 September 7, 2004 Page 3 On July 28, 1997, the City Council approved the following: The ordinance for PUD #92-6 rezoning approximately 154 acres from Agricultural Estate, A2, to Planned Unit Development, PUD, and the PUD #92-6 granting final plat approval for Arboretum Business Park. On May 27, 1997, the City Council approved the following: Approved the first reading for rezoning the property from Agricultural Estate, A2, to Planned Unit Development, PUD. Arboretum Business Park Development Standards. ANALYSIS The proposed amendment is in response to the developer's attempt to lease a portion of their building within the development. Specifically, they had a request to permit a flower shop. However, retail uses are not permitted. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. Retail uses are a distinct use from office and industrial uses. Generally, retail uses are not considered consistent with the office/industrial land use designation. Arboretum Business Park was intended primarily as a light industrial/office park. As can be seen by the intent statement and the listing of permitted uses, the Arboretum Business Park was not intended to permit retail uses, except for one (1) convenience store permitted to be located at 82Id Street and TH 41, which would serve the industrial development in Chanhassen and the northern part of Chaska. Those commercial uses permitted are intended as support commercial services to the officelindustrial users. General merchandise stores (retail) were specifically prohibited as part of the development. There are other areas in the city that the city has guided and planned to accommodate the retail needs of residents and businesses. These areas would have a disadvantage vis-h-vis the business park since industrial property values are much less than commercial retail property values. The proposed use is or will be incompatible with and compete with the present and future land uses of the area in that the amendment will permit retail commercial uses, rather than office, industrial or personal service uses, potentially changing the character of the development. Following are the intent and use portions of the Arboretum Business Park Development Standards. a. Intent "The purpose of this zone is to create a PUD light industrial/office park." .. . b. Permitted Uses Arboretum Business Park PUD Design Standards Planning Case No. 04-29 September 7, 2004 Page 4 The permitted uses in this zone should be limited to light industrial, warehousing, office and other uses as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the City Council shall make that interpretation. Permitted uses shall be allowed on the different Blocks and Lots for which they are specified below. The Blocks and Lots specified below are those designated on the attached PUD plan. The Block and Lot designations in final plats approved for phases of development may differ from those specified below. However, the permitted uses shall continue to be those specified below for the Lots identified in the PUD plan. Light Industrial - The manufacturing, compounding, processing, assembling, packaging, printing, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. (Lots 3, 4, and 5, Block 1; Lot 1, Block 2; Lots 1, 2, 3, and 5, Block 4; and the Wrase property) (Amended 12110/01) Warehousing - Means the commercial storage of merchandise and personal property. (Lots 3, 4, and 5, Block 1; and Lots 1, 2, 3, and 5, Block 4) Office - Professional and business office. (Lots 1, 2, 3, 4, and 5, Blockl; Lot 1, Block 2; Lot 1, Block 3; Lotsl, 2, 3, 4, and 5, Block 4; and the Wrase property) Health Services - Establishments primarily engaged in furnishing medical, surgical and other health services to persons. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) Conferences/Convention Center - Establishments designed to accommodate people in assembly, providing conference and meeting services to individuals, groups, and organizations. (Lot 5, Block 4) Indoor Recreation/Health Club - Establishments engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other physical fitness conditioning. (Lots 3, 4 and 5, Block 1; Lot 1, Block 3; and Lots 2, 3, 4 and 5, Block 4) (Amended 12/10/01 and 8/23/04) Hotel/Motel-establishments engaged in furnishing lodging, or lodging and meals, to the general public. (Lot 1, Block 3; and Lot 4, Block 4) Utility Services - Water towers and reservoir. (Lots 3, 4, and 5, Block 1; Lots 1, 2, and 3, Block 4; and the Wrase property) Recording Studio - Lots 3, 4 and 5, Block 1; Lots 2 and 3, Block 4. (Amended 12/10/01) Commercial uses (permitted on lots specified as commercial in development standards tabulation box) 1. Restaurant, permitted on Lot 1, Block 3 or Lot 4, Block 4. (One stand-alone restaurant.) Arboretum Business Park PUD Design Standards Planning Case No. 04-29 September 7, 2004 Page 5 2. Convenience store with or without gas pumps, not to exceed 12,000 square feet, on Lot 1 or 2, Block 1, only. (One convenience store.) 3. Banks, with or without drive -up windows (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) 4. Day Care - establishments providing for the care and supervision of infants and children on a daily basis. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) 5. Auto service center, auto body repair is prohibited (Wrase) (amended 8/13/O1) 6. Personal Services (amended 4/14/03) Ancillary Uses (in conjunction with and integral to a primary use) 1. Fast Food (no drive -through and only in conjunction with and integral to a convenience store). 2. Restaurant (only in conjunction with hotel/motel or convention/conference center). 3. Showroom - showroom type display area for products stored or manufactured on -site provided that no more than 20 percent of the floor space is used for such display and sales. [for entire development]. (Amended 8/25/97) 4. Telecommunication Towers and Antennas by conditional use permit only. 5. Car wash, in conjunction with convenience store. 6. Day Care Interim Uses (Amended 7/26/99) Church facilities, i.e., assembly or worship halls and associated office, meeting, and other required spaces, subject to the following criteria: 1. The church shall not occupy more than six percent (6%) of the one building on Lots 3 and 4, Block 2, Arboretum Business Park 2°a Addition. 2. The church congregation may not exceed 200 adult members. 3. Shall be reviewed and approved in accordance with the same procedures specified in the city code for conditional use permits. Prohibited uses (Amended 12/10/O1) • Contractors Yard • Lumber Yard • Home Improvement/Building Supply • Garden Center • Auto related including sales and repair, except on the Wrase property (amended 8/13/O1) • Home furnishings and equipment stores • General Merchandise Store • Vocational School • Public buildings, except on Outlots A and B, which are public park land Arboretum Business Park PUD Design Standards Planning Case No. 04-29 September 7, 2004 Page 6 • Screened outdoor storage • Food processing The majority of the uses are similar to those permitted in the Industrial Office Park, IOP District. The commercial uses are to provide primarily services to the office and industrial uses. The intent of the PUD is to create a light industrial/office park Staff believes that it is appropriate to differentiate the Arboretum Business Park from other industrial office parks. We also believe that industrial parks are not the location for retail uses. In the past, City Council has directed that we expand the interpretation of the office showroom limitation to require that 20 percent of the entire building area of the development could be showroom, which permitted additional space in individual buildings to be used for showroom area, specifically in the All About lights building on Water Tower Place. However, the showroom space requires that products be manufactured or assembled as part of the operation of the business. Retail uses were not approved. Staff and the Planning Commission recommends that the Plamping GawAviissoon City Council adopt the following motion: "The Chanhassen City Council denies the amendment to the Planned Unit Development (PUD #92-6) development design standards to permit retail uses based on the findings of fact and recommendation attached to this report." ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Letter from Chris, Brenda and Gene Helsene dated August 5, 2004 4. Memo from Matt Saam to Bob Generous dated 8/12/04 5. Arboretum Business Park Development Design Standards 6. Public Hearing Notice and Mailing List gdplanX2004 planning c m\04-29 - arboretum business park lot 4, block 4 pud amendmenttstaff report retail.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Helsene Partners LLC for an amendment to the Arboretum Business Park Development Design Standards to permit retail uses. On September 7, 2004, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Helsene Partners, LLC for an amendment to the development design standards to permit retail uses as permitted uses for the property located at the northwest comer of Century Boulevard and Corporate Place, Block 1, Arboretum Business Park 4`s Addition. The Planning Commission conducted a public hearing on the proposed site plan was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned Planned Unit Development, PUD. 2. The property is guided by the Land Use Plan for officelindustrial uses. 3. The legal description of the property is: Block 1, Arboretum Business Park 4 b Addition. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment to the Arboretum Business Park PUD design standards to permit retail uses as a permitted use. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be inconsistent with the official City Comprehensive Plan as retail uses are a distinct use from office and industrial uses. b) The proposed use is or will be incompatible with and compete with the present and future land uses of the area in that the amendment will permit retail commercial uses, rather than office, industrial or personal service uses, potential changing 9 character of the development. c) The proposed use would �cto'nforrn to all performance standards contained in the Zoning Ordinance including compatibility with adjacent uses, setback and height, and traffic circulation requirements. d) The proposed use will actually appreciate the values of the area by permitting a use that has higher land value. However, it could have a negative impact on properties that are currently guided and zoned for commercial uses. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity as the subdivision is provided with adequate infrastructure to accommodate the use. f) Traffic generation by the proposed use may be within capabilities of streets serving the property. However, an update of the traffic study may be warranted to ascertain the potential impacts of commercial retail operations. 5. The planning report #04-29 dated September 7, 2004, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council deny the amendment permitting retail uses as a permitted use on the parcels of Block 1, Arboretum Business Park 4t6 Addition. ADOPTED by the Chanhassen Planning Commission this 7th day of September, CHANHASSEN PLANNING CONINUSSION M Its Chairman CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952)227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: ADDREESS: % 1 c/ C417A //7 155F-n 5 TELEPHONE (Day Time) c>% — �W OWNER: ADDRESS: TELEPHONE: aq-2-9 REO AUG 0 v 2004 CITY OF CHANHASSEN Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development' 7StJ Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review _ Notification Sign C 7 5-. vn Site Plan Review' or Filing Fees/Attorney Cost" _ P/SPRNACNAR/WAP/Metes & Bounds X EPOOinor SUB Subdivision' TOTAL FEE $C975- 611'0 Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box Building material samples must be submitted with site plan reviews. 'Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet. "Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: LOCATION: -�a j y E/U C L LEGAL DESCRIPTION: 3LL,- 6-X4 t.bl'J T�>' TOTAL ACREAGE: S/ bC�- WETLANDS PRESENT: YES L-�NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: A, ,�"71 r, -n � -10 -4y 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 ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten 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. The city hereby notifies the applicant that if development review cannot be completed within 60 days due to public hearing requirements and agency review, the city requires an automatic 60-day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Of 6- -W Date Signature of Fee Owner Date 00 Application Received on 21(o/A Fee Paid g7b- Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. GAplan\lo"s\Development Review Application.DOC HELSENE PARTNERS LLC 7874 CENTURY BLVD * CHANHASSEN, MINN. 55317 * 952-449-2533 August 5, 2004 RE: Ammendment of the PUD Arboretum Business Park To Whom It May Concern: Helsene Partners LLC would like to amend the PUD of Lot 4 Block 4 to include retail. We feel that the addition of retail to this section of the Business Park will create a destination for the surrounding residents and workforce of Chanhassen. It will establish place where people can walk, or bike , to accomplish a wider variety of tasks.. Just North and South of the Hwy 5 and Century Blvd. intersection are other retail centers in other communities, such as Shorewood and Chaska. By allowing retail on this comer, another dimension will be added to accommodate our own Chanhassen residents and those employed by Chanhassen business. Their shopping habits will remain here, in Chanhassen, rather than being diverted to these neighboring communities. This corner, the intersection of Hwy 5 and Century Blvd., can be molded into another gathering destination using the allowance of more retail as the catalyst to accomplish this vision. This type of business plan will compliment the already existing environment in the community. Amenities included on this comer that create this environment are: ✓ the new Holiday Inn and proposed restaurant on the South East comer ✓ the new shopping center and convenience store on the North East corner ✓ the US Bank, Kindercare, and Century Boulevard Court Shopping Center Century Boulevard Court Shopping Center was built as a shopping center without allowances for retail establishments. With this qualification Helsene Partners LLC loses the opportunity to open the facility up to a retail tenant that would compliment the neighborhood environment. It also puts Century Boulevard Court at a major disadvantage and hinders the success of the corner. With the shopping center on the northeast comer being allowed to have retail businesses, the southwest comer of this Chanhassen intersection is handicapped. With the way the intersection has been developing, our hope is to create a "fair playing field." Since some of the adjoining properties are zoned "retail' our hope would be for an equal business environment allowed to all in the radius around the intersection. Due to this inherent disadvantage to the southwest quadrant, Arboretum Business Park and Helsene Partners LLC, we are appealing to the City of Chanhassen to amend the PUD of Arboretum Business Park Lot 4 Block 4 to include "retail." Thank you, Chris Helsene Brenda Helsene Gene Helsene Exhibit "B" Description of Property n pegtic��[o¢ of PconntiY 7 L MMMAT 0 A 1 dA.3 711 SCALE 1 = e �i Umm t its a" G qd N NtFA=46.634.84 S.F. 1.01 ACR£ NT 1 AREA-78.037 S.F. f I FUTUREDE%SJNtM "Century 1.81 ACRE I Boulevard AREA-49.829 S.F. Court" 1.14 ACRE 90CISO M � ht1$35 PAlAie- 411) rCifJ!\1 173 a a PUMOM AT11mr 0 ORLAYN *OOZ 0 rn Id aiejGdjco b T is qTlL M" 4- % 00 cl CITY OF CHMNSEN T700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax 952.227.1110 Building Inspections Phone: 952227.1180 Fax:952.227.1190 Engineering Phone: 952227.1160 Fax:952.227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax:952.227.1404 Planning & Natural Resources Phone:952227.1130 Fax 952.227.1110 Public Works 1591 Park Road Phone:952227.1300 Fax- 952.227.1310 Senior Center Phone: 952.227.1125 Fax 952.227.1110 Web Site www.d.dunhassennn.us MEMORANDUM TO: Bob Generous, Senior Planner FROM: Matt Saam, Asst. City Engineer � DATE: August 12, 2004 SUB7: Revision to Arboretum Bus. Park PUD Standards for Retail Use Proj. #00-11 At this time, no comments/conditions are required. In the future, depending on the type/extent of the retail proposed, a revised traffic study may be required at the time of site plan review and approval. c: Paul Oehme, Director of Public Works/City Engineer g1eng\projects\arboret= 4thVud stds revision.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gleal place to live, work, and play. Adopted 7/28/98 Amended 7/26/99 Amended 8/13/01 Amended 12/10/01 Amended 4/14/03 Amended 8/23/04 EXHMIT C ARBORETUM BUSINESS PARK DEVELOPMENT DESIGN STANDARDS Development Standards a. Intent The purpose of this zone is to create a PUD light industrial/office park. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. Photo - composite images of proposed development adjacent to Highways 5 and 41 shall be submitted as part of the review process. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as listed below if they are ancillary to a principal use on the individual lot. Commercial/retail uses are prohibited except those uses specifically noted below. b. Permitted Uses The permitted uses in this zone should be limited to light industrial, warehousing, office and other uses as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the City Council shall make that interpretation. Permitted uses shall be allowed on the different Blocks and Lots for which they are specified below. The Blocks and Lots specified below are those designated on the attached PUD plan. The Block and Lot designations in final plats approved for phases of development may differ from those specified below. However, the permitted uses shall continue to be those specified below for the Lots identified in the PUD plan. Light Industrial - The manufacturing, compounding, processing, assembling, packaging, printing, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. (Lots 3, 4, and 5, Block 1; Lot 1, Block 2; Lots 1, 2, 3, and 5 , Block 4; and the Wrase property) (Amended 12110/O1) Warehousing - Means the commercial storage of merchandise and personal property. (Lots 3, 4, and 5, Block 1; and Lots 1, 2, 3, and 5, Block 4) Office - Professional and business office. (Lots 1, 2, 3, 4, and 5, Blockl; Lot 1, Block 2; Lot 1, Block 3; Lots 1, 2, 3, 4, and 5 , Block 4; and the Wrase property) Health Services- establishments primarily engaged in furnishing medical, surgical and other health services to persons. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) Conferences/Convention Center - establishments designed to accommodate people in assembly, providing conference and meeting services to individuals, groups, and organizations. (Lot 5 , Block 4) Indoor Recreation/Health Club - establishments engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other physical fitness conditioning. (Lots 3, 4 and 5, Block 1; Lot 1, Block 3; and Lots 2, 3, 4 and 5, Block 4) (Amended 12110/O1 and 8/23/04) Hotel/Motel-establishments engaged in furnishing lodging, or lodging and meals, to the general public. (Lot 1, Block 3; and Lot 4, Block 4) Utility Services - Water towers and reservoir. (Lots 3, 4, and 5, Block 1; Lots 1, 2, and 3, Block 4; and the Wrase property) Recording Studio - Lots 3, 4 and 5, Block 1; Lots 2 and 3, Block 4. (Amended 12/10/O1) Commercial uses (permitted on lots specified as commercial in development standards tabulation box) 1. Restaurant, permitted on Lot 1, Block 3 or Lot 4, Block 4. (One stand alone restaurant.) 2. Convenience store with or without gas pumps, not to exceed 12,000 square feet, on Lot 1 or 2, Block 1, only. (One convenience store.) 3. Banks, with or without drive up windows (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) 4. Day Care - establishments providing for the care and supervision of infants and children on a daily basis. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) 5. Auto service center, auto body repair is prohibited (Wrase) (amended 8/13/O1) 6. Personal Services (amended 4114103) Ancillary Uses (in conjunction with and integral to a primary use) 1. Fast Food (no drive -through and only in conjunction with and integral to a convenience store). 2. Restaurant (only in conjunction with hotel/motel or convention/conference center). 3. Showroom - showroom type display area for products stored or manufactured on -site provided that no more than 20 percent of the floor space is used for such display and sales. [for entire development]. (Amended 8/25197) 4. Telecommunication Towers and Antennas by conditional use pemut only. 5. Car wash, in conjunction with convenience store. 6. Day Care Interim Uses (Amended 7/26/99) Church facilities, i.e., assembly or worship halls and associated office, meeting, and other required spaces, subject to the following criteria: 1. The church shall not occupy more than six percent (6%) of the one building on Lots 3 and 4, Block 2, Arboretum Business Park 2°d Addition. 2. The church congregation may not exceed 200 adult members. 3. Shall be reviewed and approved in accordance with the same procedures specified in the city code for conditional use permits. Prohibited uses (Amended 12/10/O1) • Contractors Yard • Lumber Yard • Home Improvement/Building Supply • Garden Center • Auto related including sales and repair, except on the Wrase property (amended 8/13/O1) • Home furnishings and equipment stores • General Merchandise Store • Vocational School • Public buildings, except on Outlots A and B, which are public park land • Screened outdoor storage • Food processing C. Setbacks The development is regulated by the Highway 5 and the PUD Standards. There are no minimum requirements for setbacks on interior lot lines in the PUD zone. The following setbacks shall apply: Street Frontage Minimum Setback Maximum Setback Building/Parkin Building/Parking Hw s. 5 & 41 70/50 150 Coulter & Century Boulevards 50/20 100 82° & West Local 30/20 NA *Lot 5, Block 4, must only meet the maximum setback on one Highway frontage. The average hard surface coverage does not include Outlots A and B. The PUD standard for hard surface coverage is 70% for office and industrial uses. Any one site/lot can exceed the 70 percent requirement but in no case can the entire finished development exceed 70 percent. d. Development Standards Tabulation Box 1. Building Area LOT/USE 82 nd Street Dedication ACRES 1.80 Building Size/FAR ( uare feet) PARHING *Intenora 10.54 16.6 30 Wetland 128.7 Ponds Lot 3, Block 1 13.01 10.02 131,006 262 Lot 4, Block 1 5.45 71,218 142 Lot 5, Block 1 4.41 57,688 115 Lot 1, Block 4 4.38 57,199 114 Lot 2, Block 4 5.40 70,597 141 Lot 3, Block 4 8.98 117,371 235 Lot 1, Block 2 12.23 1 159,822 1320 Lot 5, Block 4, 123.20 Lot 1, Block 1 1.80 1 (A FAR) 404,279 11,746 / 23,520 1 (3/1000) 1233 (5/1000) 59 Lot 2, Blockl 2.32 15,180 / 30,320 (4/1000) 61 Lot 4, Block 4 , Office/Hotel 4.06 26,536 / 53,060 (5/1000)133 Lotl, Block 3 Restaurantloffice 6.41 (.10FAR) 27937 / 83,770 (1611000) 447 Commercial sites may develop as office -industrial uses. Square footage for individual lots may be reallocated within the development, by type, provided the maximum square footage is not exceeded. Building Square Footage Breakdown Office 31% 368,000 / (432,000) Light Industrial 31% 368,000 / (432,000) Warehouse 31% 368,000 / (432,000) Commercial 7% 81,000 / (0) Total 100% 1,186,000 / (1,295,000) *includes the Wrase property. O represents conversion of commercial uses to office - industrial uses 2. More than one (1) principal structure may be placed on one (1) platted lot. 3. Building height shall be limited to 3 stories or 40 feet. 4. Lot 5, Block 4, , is intended to accommodate a major corporate headquarters or office, research, high end manufacturing with limited warehousing type user. While the majority of the development is based on 30 percent office space, Lot 5 must have a minimum of 40 percent office use and include multi -story building(s). e. Building Materials and Design 1. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All mechanical equipment shall be screened with material compatible to the building. 2. All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels and not painted cinder block. 3. Brick may be used and must be approved to assure uniformity. 4. Block shall have a weathered face or be polished, fluted, or broken face. 5. Concrete may be poured in place, tilt -up or pre -cast, and shall be finished in stone, textured, coated, or painted. 6. Metal siding will not be approved except as support material to one of the above materials or curtain wall on office components or, as trim or as HVAC screen. 7. All accessory structures shall be designed to be compatible with the primary structure. 8. All roof mounted equipment shall be screened by walls of compatible appearing material or camouflaged to blend into the building or background. Wood screen fences are prohibited All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. 9. The use of large unadorned, pre -stressed concrete panels and concrete block shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. The buildings shall have varied and interesting detailing. The use of large unadorned, concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall and its views from public ways shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. 10. Space for recycling shall be provided in the interior of all principal structures or within an enclosure for each lot developed in the Business Center. 11 Each buildings shall contain one or more pitched roof elements depending on scale and type of building, or other architectural treatments such as towers, arches, vaults, entryway projections, canopies and detailing to add additional interest and articulation to structures. 12. There shall be no underdeveloped sides of buildings visible from public right-of-ways. All elevations visible from the street shall receive nearly equal treatment and visual qualities. L Site Landscaping and Screening 1. Landscaping along Highways 41 and 5 shall comply with Buffer yard standard C. Coulter Boulevard, Century Boulevard, and West 82°d Street shall comply with Buffer yard standard B. The master landscape plan for the Arboretum Business Park (formerly Gateway) PUD shall be the design guide for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. v 2. Storage of material outdoors is prohibited unless it has been approved under site plan review. All approved outdoor storage must be screened with masonry fences and/or landscaping. 3. Undulating or angular berms or elevation changes of Yin height shall be placed along Coulter Boulevard, and Century Boulevard. The berms shall be sodded or seeded at the conclusion of each project Phase grading and utility construction. The required buffer landscaping may be installed incrementally, but it shall be required where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. 4. Loading areas shall be screened 100 percent year round from public right-of-ways. Wing walls may be required where deemed appropriate. g. Signage All freestanding signs be limited to monument signs. The sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material throughout the development. The applicant should submit a sign package for staff review. 2. Each property shall be allowed one monument sign per street frontage. 3. The signage will have consistency throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. 4. Consistency in signage shall relate to color, size, materials, and heights. 5. The Arboretum Business Park PUD shall be permitted two Arboretum Business Park identification signs. One sign per project entrance, at West Wd and Century Boulevard and at Highway 41 and the westerly roadway, shall be permitted. Said sign shall not exceed 80 square feet in sign area nor be greater than eight feet in height. 6. Wall sign shall be permitted per city ordinance for industrial office park site. All signs shall require a separate sign permit. 8. In addition to the two signs identified in g. 5. above, signage for the main entrance on Highway 5 and Century Boulevard shall be reviewed and approved by the Planning Commission and City Council. h. Lighting Lighting for the interior of the business center should be consistent throughout the development. The street lights should be designed consistent with the existing lighting along the existing Coulter Boulevard 2. A decorative, shoe box fixture (high pressure sodium vapor lamps or metal halide lights) with a square ornamental pole shall be used throughout the development area for area lighting. 3 Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. 4. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the property line. This does not apply to street lighting. i. Alternative Access 1. Each site shall accommodate transit service within the individual development whenever possible. 2. Pedestrian access shall be provided from each site to the public sidewalk and trail system. 3. The developer and site users shall promote and encourage Traffic Demand Management Strategies. 4. Each site shall provide areas for bicycle parking and storage. _ LOTS 1 & 4 :.+.c.X.. OT K RESTAURANT OFFICES DAY CARE CLINICS LOT 5 910 i• lli ;1 aAiLI 4 �`� �'' LO�47 „ HEALTH CLUB It OFFICE RESFIIRCH,�'1\ MAJOR INDUSTRIAL 1 \ HEADQUAVoc LOTS = 88.65 RTERS/ y1I i;If/�/�� ' .�, `�c� � �i �q1 PRODUCTION I� i��!/�+�ll �it��yi�/�,� �!I PARK = 48.36 CONFERENCE/CONVENTI ROW = 14.72 CENTER\�\�\ -"`',, o LOT 2 —LOT S f TOTAL = 151.73 ACRES LOTS 13 LOTS 3.5 •�'!_44 ` `°' f/ �. �` O�1r_ INDUSTRIAL LEGEND WAREHOUSE®�� rlc..-jlli///�/� J� ,! _ ® Enay Mouumeuv Oi9 Stnet7rat UTILITY SERVIC� \i \ pl'}e ©Q�1 M1' U �1'�' Elrnwd Sigm p N.dc �i t.r'�4' a�ocxt 'I �' '" r f CmwdSigm Wd d, OFFICE SLOTS 1�3\ok 3_ �Ft 91RGKR N ��❑g6v P<d/Bike Trail 41 AC.! L07 4 I f ! >> CQT.-_7 I 5.4 AC. ! T 3 C- r^c 12 22 AC r wRASE PROPERi __I�s3 OFFICE INDUSTRIAL PUD PLAN I \ 9P -\ ICir UTILITY SERV �. u;i/ i ��• ARBORETUM BUSINESS PA LOTS 1 " •ts"�/ ' r i 1 / a_ CHANHASSEN, MN & / , ` � j � O° GAS/Co r, FAST BANFM K DAYCARE OFFICE LO 1 v CLINIC INDUSTRIAL OFFICE' p16L'Y""' FTcuxa4 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 August 26, 2004, 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 PUD Amendment to Arboretum Business Park Design Standards — Planning Case No. 04-29 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me thiQjhday of 2004. Notary Public K n J. Eng h dt, De u Clerk MA SFIJESOteYMy 7/I005 rvouce or ruli nearing Chanhassen Planning Commission Meeting nonce u1 ruuuc ncarrny Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 7, 2004 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an amendment to the Arboretum Business Proposal: Park PUD Design Standards to permit retail uses on Block 1, Arboretum Business Park 4th Addition Planning File: 04-29 Applicant: Helsene Partners, LLC South of Highway 5, west of Century Boulevard and north Property of Corporate Place 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 What steps: Happens 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone Questions & about this project, please contact Bob Generous at 952- Comments: 227-1131 or e-mail bgenerous@ci.chanhassen.mn.us. 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. 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 parry is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, 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 commerclaviindustrial. • 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. Date & Time: Tuesday, September 7, 2004 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an amendment to the Arboretum Business Proposal: Park PUD Design Standards to permit retail uses on Block 1, Arboretum Business Park 4th Addition Planning File: 04-29 Applicant: Helsene Partners, LLC South of Highway 5, west of Century Boulevard and north Property of Corporate Place 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 What steps: Happens 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone Questions & about this project, please contact Bob Generous at 952- Comments: 227-1131 or e-mail boenerous@ci.chanhassen.mn.us. 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. 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 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 spokespersontrepresentative 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 Plannina Staff person named on the notification. Disclaimer This map is neither a legally worded nap nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located In various city, county, state and federal Offices and other sources regarding the area shims, and Is to be used for reference purposes only. The City does not wanant Mat the Geographic Infor abort System (GIS) Data used to prepare this map are anor free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exalting measurement of distance or direction or precision in the depiction of geographic features. e anom or dscrepances are found pease contact g-227-1107. The preceding declaimer is pruvided Pursuant to Mammals Statutes §466.03, Subd. 21 (2(k0), and the user of this nai aclMn,ledges that the City shall not be Ratio for any damages, and top essly waives all dare, anti agrees to defend, indemnity, and hold harmless the City from any and all darts brought by User, its employees or agents, or third parties v hatch arise out of the users access or use of data provided. slide Hwy I Subiect Site f This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city. county, state and federal offices and other sourer regarding the area shaven, arM is to be used for reference WToses only. The City does not wartent that the Geographic Inforamon System (GIS) Daa used to prepare this map are mar, free. and the City does Trot represent that the GIS Data can be used for rungadona, tracking or any other purpose requiring exacting masuremeo of distance or direction or precision in the depiction of geographic features. g errors or dscrepammdes are found please contract g-227-1107. The preceding dsdamer is provided Pursuant to Knnesota Statutes §466.03. Subd. 21 (2000), and the user of this map acknowledges that the Gry shall not the liable for any damages, and expressly waives al darts, and agrees to defend, inden nify, and hold haMess the City from any and all dams brought by User, ifs employees or agents, or third pales which arise 00 of the users axes, or use of dam provided. SCANNED Public Hearing Notification Area Arboretum Business Park Lot 4, Block 4 PUD Amendment (Block 1, Arboretum Business Park 4th Addition) City of Chanhassen Planning Case No. 04-29 s� aeN Tna ®`QY ®�• am e e0 vase fame � ?3 r t V1EEO ��q pmav pm � Boulevard State Hwy 5 Arboretum Boule m J N Subject Site orate Place s Coulter BQ4Ill y i wtrr a' ro n I I SCANNED ROMAN ABAD & SHANN GLENDA ANDAYA ARBORETUM III REALTY PTRS LLP 2759 CENTURY N G ABADNTURY CIR 7793 VILLAGE PL 3610 CO RD 101 759 CECHANHASSEN MN 55317-4416 CHANHASSEN MN 55317-4430 WAYZATA MN 55391-3424 ARBORETUM VILLAGE COMMUNITY ARLENE L AVESTRUZ AMY E BADENOCH 815 NORTHWEST PKY 2877 ARBORETUM VILLAGE TRL 7785 VILLAGE PL SUITE 140 CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4430 EAGAN MN 55121- JILL R BONNEMA LAURA A BRAHEE ANGELINA T BROWN 7747 ARBORETUM VILLAGE CIR 2989 VILLAGE LN 2787 CENTURY CIR CHANHASSEN MN 55317-4426 CHANHASSEN MN 55317-4429 CHANHASSEN MN 55317-4416 STEVEN G & CATHLEEN E BUSSLER CENTURY 2000 PARTNERS LLP CHANHASSEN ACQUISITIONS LLC 2995 VILLAGE LN 3610 SOUTH HWY 101 PARKER HANNIFIN CORP 603 CHANHASSEN MN 55317-4429 WAYZATA MN 55391-3424 035 PARKLAND CLEVELAND OH 441244124-4141 KINDERCARE REAL ESTATE CORP CHASKA GATEWAY PARTNERS COEUR TERRA LLP ATTN: TAX DEPT 3610 CO RD 101 3610 SOUTH HWY 101 650 NE HOLLADAY ST WAYZATA MN 55391-3424 WAYZATA MN 55391-3424 #1400 PORTLAND OR 97232-2096 SHANE R CROWE LINDA SUSAN DEROSA DANA L & PATRICIA L DONNAY 2993 VILLAGE LN 7755 VILLAGE ST 2871 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4429 CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317-4436 TRAVIS EARSLEY KIMBERLY B FARNIOK CAROLE FINK 2839 ARBORETUM VILLAGE TRL 2869 ARBORETUM VILLAGE TRL 2845 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4436 SARAH J FISCHER JEFFREY R & KATHLEEN JENNIFER L FREDERIXON 7790 VILLAGE PL FORSBERG 7784 VILLAGE PL CHANHASSEN MN 55317-4430 2779 CENTURY CIR CHANHASSEN MN 55317-4430 CHANHASSEN MN 55317-4416 DUANE C & LOLA GELLNER & JULIE K GRIMM RYAN L GROSAM M 86 VILLAGE RD EY E GELLNER 7745 ARBORETUM VILLAGE CIR 7773 VILLAGE ST CHANHASSEN VILNHASSEN MN 55317-4430 CHANHASSEN MN 55317-4426 CHANHASSEN MN 55317-4431 CHA KAREN R HAAKENSON ANDREW E HARRIS & KOREN HAWK 7791 VILLAGE PL SALLY L WOOD 2849 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4430 7771 VILLAGE ST CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4431 SCANNED HELSENE PARTNERS LLC HAILAN HUANG WENDY A HUBER 5685 GRANT LORENZ RD 7749 ARBORETUM VILLAGE CIR 7753 VILLAGE ST EXCELSIOR MN 55331-8363 CHANHASSEN MN 55317-4426 CHANHASSEN MN 55317-4431 THOMAS J ISSENDORF STEPHANIE J JESBERG ERIC WAYNE JESKE 7770 VILLAGE ST 7774 VILLAGE ST 2843 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317-4436 LESLIE E JOHNSON RANDY ALAN JOHNSON & CHRISTOPHER M JONES 7689 CENTURY BLVD TIFFANY LYNN WANNINGER 7751 ARBORETUM VILLAGE CIR CHANHASSEN MN 55317-4415 7769 VILLAGE ST CHANHASSEN MN 55317-4426 CHANHASSEN MN 55317-4431 KIMAN & JUNG •100 JACQUELINE E JOPP ROBERT F JR & MELISSA L KERR 7693 CENTURY BLVD 7787 VILLAGE PL 7788 VILLAGE PL CHANHASSEN MN 55317-4415 CHANHASSEN MN 55317-4430 CHANHASSEN MN 55317-4430 HEATHER J KNUDSEN JUSTIN C KROEGER TARA L KROEGER 7783 VILLAGE PL 7789 VILLAGE PL 2981 VILLAGE LN CHANHASSEN MN 55317-4430 CHANHASSEN MN 55317-4430 CHANHASSEN MN 55317-4429 JEFF LACUGNATO TRAVIS P LAKE ALLEN K LARSON JR 2873 ARBORETUM VILLAGE TRL 2783 CENTURY CIR ALLEN K LARSON SR CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4416 7647 ARBORETUM VILLAGE LN CHANHASSEN MN 55317-4425 MARCIA L LEININGER RINGO & TRISHA LEIPOLD ERIC A & KELLY J LORENZ 7764 VILLAGE ST 2875 ARBORETUM VILLAGE TRL 7762 VILLAGE ST CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4431 LUNDGREN BROS CONSTRUCTION MICHAEL J MALOY & JUDITH A MERTZ 935 WAYZATA BLVD E FRANNIE D SPIEGEL 7743 ARBORETUM VILLAGE CIR WAYZATA MN 55391-1899 7780 VILLAGE PL CHANHASSEN MN 55317-4426 CHANHASSEN MN 55317-4430 KARIN S MOORE JENNIFER S NASH MARK NELSON & 2991 VILLAGE LN 7760 VILLAGE ST CENTURY FARMER 2775 CHANHASSEN MN 55317-4429 CHANHASSEN MN 55317-4431 775 CENTURY CIR CHANHASSEN MN 55317-4416 THOMAS G & STACY R NEVERS JOYCE E NOON PATRICIA M O'CONNOR 2767 CENTURY CIR 7685 CENTURY BLVD 7767 VILLAGE ST CHANHASSEN MN 55317-4416 CHANHASSEN MN 55317-4415 CHANHASSEN MN 55317-4431 SCANNED CHRISTINE M OTTUM ANTHONY A PACHOLKE & STEPHEN F & JOLENE P 7772 VILLAGE ST KATHRYN E HUTCHINSON PANCIOCCO CHANHASSEN MN 55317-4431 7765 VILLAGE ST 2771 CENTURY CIR CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317-4416 PULTE HOMES OF MINNESOTA PARA PARTNERS LLC LORETTA POOL CORP 1620 WEST FARM RD 2867 ARBORETUM VILLAGE TRL 815 NORTHWEST PKY CHASKA MN 55318- CHANHASSEN MN 55317-4436 SUITE 140 EAGAN MN 55121-1580 JANINE B PUNG CHRISTOPHER A RASMUSSEN & JILL M ROSCKES 2985 VILLAGE LN NICOLE L RASMUSSEN 2879 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4429 7681 CENTURY BLVD CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4415 CHAD A ROSW ICK STEVE A SAARI KARRY A SCHEIRER 2751 CENTURY CIR 7775 VILLAGE ST 2841 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4416 CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317-4436 DEREK & LAURA SCHILLING VANESSA T SCHMIDT JEAN M SCHULTZ 2847 ARBORETUM VILLAGE TRL 2983 VILLAGE LN 2865 ARBORETUM VILLAGE TRL CHANHASSEN MN 55317-4436 CHANHASSEN MN 55317-4429 CHANHASSEN MN 55317-4436 KATHARINE S SEVERSON STEVEN SLOWEY STEVEN P SUTTON 7778 VILLAGE PL 2505 BURLEIGH ST 7768 VILLAGE ST CHANHASSEN MN 55317-4430 YANKTON SD 57078-1898 CHANHASSEN MN 55317-4431 JEFFREY F TOMSICH & REGENTS OF UNIV OF MINNESOTA STEPHANIE J KUTZ PATRICK S TORUNO C/O REAL ESTATE OFFICE 2755 CENTURY CIR 7741 ARBORETUM VILLAGE CIR 319 15TH AVE SE CHANHASSEN MN 55317-4416 CHANHASSEN MN 55317-4426 424 DON HOWE BLDG MINNEAPOLIS MN 55455-0118 US BANK NA WATERTOWER PARTNERS LLC NANCY L WRIGHT ATTN: AMY HERNESMAN PO BOX 532 2763 CENTURY CIR 2800 LAKE ST E MINNEAPOLIS MN 55406-1930 VICTORIA MN 55386-0532 CHANHASSEN MN 55317-4416 WYLS, LLC SARA M ZUEHLKE RICH SLAGLE PO BOX 113 7766 VILLAGE ST 7411 FAWN HILL ROAD YANKTON SD 57078-0113 CHANHASSEN MN 55317-4431 CHANHASSEN MN 55317 SCANNED , Location Map Arboretum Business Park Lot 4, Block 4 PUD Amendment (Block 1, Arboretum Business Park 4th Addition) City of Chanhassen Planning Case No. 04-29 V a State Hwy 5 Arboretum Boule W �8TF1 vard Subject Site r orate Place .. HELSENE PARTNERS LLC 7874 CENTURY BLVD' CHANHASSEN, MINN. 55317 ' 952.448-2533 August 5, 2004 RE: Ammendment of the PUD Arboretum Business Park To Whom It May Concern: Helsene Partners LLC would like to amend the PUD of Lot 4 Block 4 to include retail. We feel that the addition of retail to this section of the Business Park will create a destination for the surrounding residents and workforce of Chanhassen. It will establish place where people can walk , or bike , to accomplish a wider variety of tasks.. Just North and South of the Hwy 5 and Century Blvd. intersection are other retail centers in other communities, such as Shorewood and Chaska. By allowing retail on this corner, another dimension will be added to accommodate our own Chanhassen residents and those employed by Chanhassen business. Their shopping habits will remain here, in Chanhassen, rather than being diverted to these neighboring communities. This corner, the intersection of Hwy 5 and Century Blvd., can be molded into another gathering destination using the allowance of more retail as the catalyst to accomplish this vision. This type of business plan will compliment the already existing environment in the community. Amenities included on this comer that create this environment are: ✓ the new Holiday Inn and proposed restaurant on the South East comer ✓ the new shopping center and convenience store on the North East corner ✓ the US Bank, Kindercare, and Century Boulevard Court Shopping Center Century Boulevard Court Shopping Center was built as a shopping center without allowances for retail establishments. With this qualification Helsene Partners LLC loses the opportunity to open the facility up to a retail tenant that would compliment the neighborhood environment. It also puts Century Boulevard Court at a major disadvantage and hinders the success of the comer. With the shopping center on the northeast comer being allowed to have retail businesses, the southwest comer of this Chanhassen intersection is handicapped. With the way the intersection has been developing, our hope is to create a "fair playing field." Since some of the adjoining properties are zoned "retail' our hope would be for an equal business environment allowed to all in the radius around the intersection. Due to this inherent disadvantage to the southwest quadrant, Arboretum Business Park and Helsene Partners LLC, we are appealing to the City of Chanhassen to amend the PUD of Arboretum Business Park Lot 4 Block 4 to include "retail." Thank you, Chris Helsene Brenda Helsene Gene Helsene Exhibit "Btt Description of Property -- n e HMMAT f a ttt SCALE 1'= 60_ L. -n' I u%t � us BANK M RROPOWD KKUU AW AREA=46.634.84 S.F. 1.07 ACRE �. ...—.2e NCiW3S EGRESS LASElENT _ — ziw r._ i AREA=79,037 S.F. I I wn>RE oEvRAOMENT "Century 1.81 ACRE I W I Boulevard AREA=49 829 S.F I I 1 14 ACRE Court" I� I �$aoRL-r7tM FSu�IsU�H`� I I P� 4*3 pup rtarl 173 PIlYLIC sT1f�ST INnuuii�7 ppnunT c w > CHANH 700 00 Market Boulevard stw klay s Arbonaiom eW79 6' P.O. BOX 147 =— nhassen. Minnesota 55317 I subject sire ( This rom is neither a legally recorded nap nor a survey and is rel intended to be used as one. This nap is a conpilabon of records, itdormxtion and dam located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for retarence purposes only. The City does nd ,meant that the Geographic Inforrcaaon System (GIS) Data used to prepare this nap are error free, and the City cons not represent that the GIS Data can be used for mengatioua, tracking or any, oNer purpose, requiring exacting measurement of distance or direction or precision in the depiction of geographic features. ti anon or discrepancies are found please contact 952-M7-1107. The preceding disclaimer is provided pursuant to Minnesota Stables §466.W. Subtl. 21 (20gg), and the user of this map acknowledges that the City met not be liable for any damages, and expressly waives all darts, and agrees to defend, inderonlry, and hold heartless the City from any and all claims brought by User, its ertplo ems or agents, or thud Parties which arise out of the usees access or use of data provided. notice or ruouc nearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 7, 2004 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an amendment to the Arboretum Business Proposal: Park PUD Design Standards to permit retail uses on Block 1, Arboretum Business Park 4th Addition Planning File: 04-29 Applicant: Helsene Partners, LLC Property South of Highway 5, west of Century Boulevard and north Location: of Corporate Place 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 What steps: Happens 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 stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone Questions & about this project, please contact Bob Generous at 952- Comments: 227-1131 or e-mail bqenerous@ci.chanhassen.mn.us. 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. 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 commerclaUndusMal. • 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 spokesperson1representative 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 p2rson named on the notification. Arboretum Business Park PUD Design Standards Planning Case No. 04-29 September 7, 2004 Page 6 • Screened outdoor storage • Food processing The majority of the uses are similar to those permitted in the Industrial Office Park, IOP District. The commercial uses are to provide primarily services to the office and industrial uses. The intent of the PUD is to create a light industrial/office park. Staff believes that it is appropriate to differentiate the Arboretum Business Park from other industrial office parks. We also believe that industrial parks are not the location for retail uses. In the past, City Council has directed that we expand the interpretation of the office showroom limitation to require that 20 percent of the entire building area of the development could be showroom, which permitted additional space in individual buildings to be used for showroom area, specifically in the All About Lights building on Water Tower Place. However, the showroom space requires that products be manufactured or assembled as part of the operation of the business. Retail uses were not approved. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission recommends denial of the amendment to the Planned Unit Development (PUD #92-6) development design standards to permit retail uses based on the findings of fact and recommendation attached to this report." ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Letter from Chris, Brenda and Gene Helsene dated August 5, 2004 4. Memo from Matt Saam to Bob Generous dated 8/12104 5. Arboretum Business Park Development Design Standards 6. Public Hearing Notice and Mailing List gAp1an\2004 planing cases\04-29 - arboretum business park lot 4, block 4 pud amendmenttctaff report retaiLdre CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: HELSENE INC Date: 08/09/2004 Time: 3:03pm Receipt Number: DW / 5313 Clerk: DANIELLE PC CASE 04-29 ITEM REFERENCE AMOUNT ------------------------------------------- DEVAP PC CASE 04-29 USE & VARIANCE 750.00 SIGN RENT 75.00 PLAT RECORDING 50.00 SIGN ESCROW 100.00 Total: --------------- 975.00 Check 9789 975.00 Change: --------------- 0.00 THANK YOU FOR YOUR PAYMENT! Steiner �` Construction Services, LLC August 5, 2004 Bob Generous City of Chanhassen 1100 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 Re: Flower Consulting Service Dear Bob: r AU& 0 f 2004 QWOF 4'r. .( ,;SeN I am writing this to explain the business type and operational procedures of a prospective tenant for the CB Court Building Located at 7860 — 7880 Century Blvd. This user would be operating from the furthest north bay of the building. They will be providing a personalized flower consulting services for various businesses and persons, including current users of the Arboretum Business Park. The storage of minimal product on site enables the tenant to create an experience for their clients rather than a task, therefore providing a product that is directly shipped to the destination at its peak of freshness. This type of transaction encompasses 75-80% of there business, with the remaining income coming from direct purchases. It is our belief that this type of user would be an excellent addition to the CB Court building and Arboretum Business Park! If you should have any questions, please feel free to contact me. Thank you! Steingr Construction Services, LLC rey Berends Construction Manager pc: Chris Helsene — Helsene Partners David Kordonowy—Steiner Development, Inc. 47 I b z y va-,w W Ll mad a'3�oo� ti Ss3r lsrr�i c �'JNta�tr,>Vo� 8 X co N n 3-1a3Q I I I I m Lo I I I I I I I I r•1' +� t� � cz;,tl 6,1F of *MZ/Z/8 '6.p W+Wnaop apo --z H\AV-d PLEASE DO NOT PLACE DOCUMENTS IN THIS FILE UNLESS THEY HAVE BEEN SCANNED SCANNED DOCUMENTS ARE MARKED WITH YELLOW HIGHLIGHTER IN THE LOWER RIGHTHAND CORNER OF EACH DOCUMENT CffYOF Date: August 9, 2004 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department By: Robert Generous, Senior Planner Subject: Amendment to the Arboretum Business Park PUD Design Standards to Permit Retail Uses Planning Case: 04-29 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on August 6, 2004. The 60day review period ends October 5, 2004. 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 Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on September 7, 2004 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 25, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. 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. Watershed District Engineer 3. Carver Soil & Water Conservation District 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other- 14. PROJECT NAME: L, ,C:"e/1 LOCATION: F/U r fG LEGAL DESCRIPTION TOTALACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: YES 1�NO REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: 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 ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten 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. 1 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. The city hereby notifies the applicant that if development review cannot be completed within 60 days due to public hearing requirements and agency review, the city requires an automatic 60-day extension for development review. Development review shall be com,pleted within 120 days unless additional review extensions are approved by the applicant. Signature of Applicant Date Signature of Fee Owner Date Application Received on �— Fee Paid 4 9 i5�E- Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. GAplanVo"s\Development Review Application.DOC o q -Z9 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952)227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: ! !< 1 7e' �^ ADDRESS: J--l1,4_'5_5 TELEPHONE (Day Time) % — 4/ ` 181 _ 'D > 3 3 OWNER: ADDRESS: TELEPHONE: RECEWD AUG 0 n 2004 CITY OF CHANHASSEN Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit 1• Planned Unit Development* 750 Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review / Notification Sign f _7 Site Plan Review* w for Filing Fees/Attorney Cost** X Ef2minor P/SPR/VAC/VAR/WAP/Metes & Bounds SUB Subdivision* TOTAL FEE $19 -7 S_ 0' Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box ❑ Building material samples must be submitted with site plan reviews. *Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet. **Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. ACTION 1 To: a e S 7_ Date: From: / ' 44- ❑ FOR YOUR COMMENTS ❑ FOR YOUR INFORMATION ❑ FOR YOUR APPROVAL ❑ TAKE APPROPRIATE ACTION ❑ CALL ME ❑ SEE ME ❑ REPLY & SEND ME COPY COMMENTS: ❑ NOTE & RETURN ❑ NOTE & FILE ❑ FOR YOUR SIGNATURE E C>Or PAS N� ONCr✓"+S ® Copyright 1999. 197 1-aurel Office Aide, Inc., Bronwille, N.Y. 10700 V.W. Elmicke Associates. Inc., Wonxville, N.V. 10708 Tel. (914) 337-1900 • Fax (914) 337-1723 Distributed In Canada solely by V.W. Elmicke Ltd., Peterborough, Ontedo Tel. (7as) 743-4202 • Fax (705) 743.9994 POINTED IN USA Form OA-4 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Date: August 9, 2004 To: Development Plan Referral Agencies From: Planning Department By: Robert Generous, Senior Planner Subject: Amendment to the Arboretum Business Park PUD Design Standards to Permit Retail Uses Planning Case: 04-29 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on August 6, 2004. The 60-day review period ends October 5, 2004. 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 concerting 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 Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on September 7, 2004 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 25, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attomey c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Carver Soil & Water Conservation District 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other- 14. NOTICE OF PUBLIC HEARING PLANNING CASE NO.04-29 CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 7, 2004, 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 an amendment to the Arboretum Business Park PUD Design Standards to permit retail uses on Block 1, Arboretum Business Park 4'" Addition, located south of Highway 5, west of Century Boulevard and north of Corporate Place. Applicant: Helsene Partners, LLC. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerous@ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on August 26, 2004) City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Date: August 9, 2004 To: Development Plan Referral Agencies From: Planning Department By: Robert Generous, Senior Planner rM 0,1 &A4- q Subject: Amendment to the Arboretum Business Park PUD Design Standards to Permit Retail Uses Planning Case: 04-29 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on August 6, 2004. The 60-day review period ends October 5, 2004. 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 Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on September 7, 2004 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 25, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments b. City Attorney c. City Park Director d. Fire Marshal e. Building OfQig f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Carver Soil & Water Conservation District 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other- 14. Message Page 1 of 1 Generous, Bob From: Generous, Bob Sent: Tuesday, August 10, 2004 8:08 AM To: 'Jeff Berends' Subject: RE: Flower Consulting Service Jeff: You fill out the development review application, pay a $100.00 fee and prepare a narrative as to why you believe that the staff decision is in error. Submittal deadlines are the same as for any other development application, approximately one month before the Planning Commission date. We then draft a report and take the item to the Planning Commission for a decision. They have already submitted their application to amend the PLO, which is scheduled for September 9, 2004. It is going to be tough to convince anyone that this operation is not a "flower shop". :.. -----Original Message ----- From: Jeff Berends [mailto:jberends@steinerdevelopment.com] Sent: Monday, August 09, 2004 4:46 PM To: Generous, Bob Subject: Flower Consulting Service Hi Bob, I received your comments on the Flower Consulting Service. The Owner would like to know what would be the process and the schedule to appeal the interpretation to the Board of Appeals and Adjustments. Let me know when you get a chance. Thank You! Sincerely, Jeff Berends Construction Manager Steiner Construction Services, LLC. 952.475.5106 jberends@stainerdevelopment.com www. s to i n e rd eve I o p m e n t. co m 8/10/2004