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PC Staff Report 4-15-08 ~ z -< u ~ ~ ~ ~ -< -< ~ -< ~ ~ ~ ~ 00. PC DATE: April 15, 2008 1 CC DATE: May 12, 2008 CITY OF CHANHASSEN REVIEW DEADLINE: May 13,2008 CASE #: Planning Case 08-5 BY: AI-Jaff STAFF REPORT PROPOSAL: Site Plan Approval and a Conditional Use Permit for the construction of two retail buildings and upgrading the fayade and parking lot of an existing strip mall on property zoned Neighborhood Business District - Walgreens and Retail Building. LOCATION: Southwest comer of the intersection of Highway 41 and Highway 7 (Lots 1 and 2, Block 1, Seven Forty One Crossing APPLICANT: 7/41 Crossings Center 17/41 Crossings LLC 3800 American Boulevard Suite 260 Bloomington, MN 55431 (952) 857-2590 Anxon, Inc. 601 Marquette Avenue South Suite 100 Minneapolis, MN 55402 (612) 465-0861 max(lV,anxon.com o~' PRESENT ZONING: BN, Neighborhood Business District 2020 LAND USE PLAN: Commercial ACREAGE: 6.47 acres SUMMARY OF REQUEST: Request for site plan approval to construct two retail buildings and a conditional use permit to allow two commercial buildings on a single lot. The site is zoned Neighborhood Business District, BN. Notice ofthis public hearing has been mailed to all property owners within 500 feet. Staff is recommending approval of the request. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi-judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi -judicial decision. Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 2 of24 PROPOSAL/SUMMARY The applicant is requesting site plan approval for the construction of two retail buildings. The first building, with an area of 14,490 square feet, is proposed to replace an existing building on Lot 1, Block 1, Seven Forty One Crossing. It will house a retail establishment and a pharmacy with a drive-thru window. The second building, with an area of 4,500 square feet, is proposed to be located on Lot 2, Block 1, Seven Forty One Crossing. There is an existing strip mall on Lot 2, Block 1. The applicant is requesting to locate the 4,500 square-foot retail building on the same parcel as the strip mall. Section 20-902 of the Zoning Ordinance permits grouping of buildings on a single lot by Conditional Use Permit. The site, with a total area of 6.47 acres, is located at the southwest intersection of Highway 41 and Highway 7. Access to the site is gained via a full curb cut off of Highway 41 and a right-in only off of Highway 7. The site is zoned Neighborhood Business District. There are cross-access and parking agreements with neighboring properties. The buildings are well designed. The main exterior material is brick. Accents are provided through the use of recessed walls, windows, and pronounced metal awnings. The plans do not specify the depth of the recessed walls. Staff is recommending a minimum depth of four inches. Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 3 of24 It is also essential that all elevations that can be viewed by the public receive the same level of detail as the front of the building. The southern elevation of the pharmacy building (drive-thru area) lacks architectural relief. Windows, similar to those shown on the north and east elevations, must be added. The entrance into the building is well defined. The retail building proposed to be located on Lot 2 will also need additional windows along the east elevation which faces Highway 41. This building is proposed to be situated parallel to Highway 41, which in turn will screen a portion of the parking lot from views. A pedestrian trail runs along the southern portion of the site and along Highway 41 from Highway 7 to the driveway entrance into the property. 7 Lot1 1 .19 Ac res Lot2 ~ ::I III 5.28 Acres W 64th :r _. CO :::r ~ '< A ""'" Sidewalks are introduced to this site but they are limited to the east side of the pharmacy building and east and west side of the 4,500 square-foot retail building. Staff is recommending the applicant connects the two trails by adding a sidewalk along the easterly property line of Lot 2. Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 40f24 The maximum hard surface coverage permitted in this district is 65%. Lot 1 appears to have coverage of65.5% while lot 2 has coverage of63.7%. The applicant must revise the plans to insure that coverage on Lot 1 does not exceed 65%. As part of this site plan, the applicant is proposing to upgrade the existing strip mall by introducing new colors, additional windows, and new awnings. The current appearance of the strip mall is dated and the proposed upgrades will allow the strip mall to blend in with the new proposed structures. The applicant submitted a sign plan that includes wall-mounted and monument signs. The monument signs may not exceed 24 square feet of area nor be taller than 5 feet in height. All signs must meet ordinance requirements. Staff regards the project as a well-designed development. The overall design is sensitive to the area. Based upon the foregoing, staff is recommending approval of the site plans and conditional use permit with conditions outlined in the staff report. BACKGROUND On April 25, 1988, the City Council approved the first reading for the rezoning ofthe property at the southwest comer of Highways 7 and 41 from 01, Office Institutional to BN, Neighborhood Business District. On the same date, the Council also approved the subdivision ofthe subject property into three commercial lots. Lot 1 contains a vacant retail building which was approved on August 24, 1998. Lot 2 contains the 7 & 41 Shopping Center which was approved on April 25, 1988, and Lot 3 contains the SuperAmerica Gas Station which was approved on October 10, 1988. The current request proposes demolition of the existing vacant retail building located on Lot 1 and replacing it with a 14,490 square-foot retail building with a pharmacy and the addition of a 4,500 square-foot retail building on Lot 2. GENERAL SITE PLAN/ARCHITECTURE The applicant is proposing the construction of two buildings and upgrading the fa9ade and parking lot of the existing center. Retail Building with Pharmacy (Walgreens). Lot 1: The building on Lot 1, Block 1, is proposed to have an area of 14,490 square feet and will be situated south of Highway 7. The use will consist of retail and a pharmacy (W algreens). Three different shades of brick are proposed to be used on the building with a rough face block along the base. A pitched roof element adorns the entrance into the building (samples ofthe materials will be available at the meeting). Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 5 of24 I 'H'~~~T~---- , 1 orth Elevation '. South Elevation' 1/16'-1'.0' . . _ 1/16"-1'.0' ~ ..--- ..---.-....- -- mo. P:Y'aLg~ACY - ~ r East Elevation. . " 1116"-1'.0" ". \.. " ., 1 .~' ,~ West Elevation .~. , ,', .'." " . 1/16".1'.0- , ,. The north and east elevations reflect a high level of architectural detail. The south elevation which contains the drive-thru window lacks that element. The applicant introduced a landscape island with vegetation to provide some relief; however, as can been seen from the rendering below, this elevation still lacks detail. Windows, similar to those shown on the north and east elevations, must be added to 50% of the wall area. The plans do not specify the depth of any of the recessed walls. Staff is recommending a minimum depth of four inches. Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 60f24 There is an area located south of the Walgreens building described as outdoor storage area. The applicant explained that the area is used for recycling purposes and storage of loading bins. The structure is approximately nine feet tall with a standing seam metal roofto match the awnings on the building. The exterior material on the storage building is mainly rough face block. Staff has expressed concern over the design and size of this storage area. There are three sets of double doors. The storage area extends 50 feet south of the primary building. This area should appear as an extension of the main building rather than a storage area. Staff also recommends the same treatment used on the retail building be shown on this accessory structure (block on the bottom two feet while the upper portion utilizes brick). Access to this building is proposed to take place via a right-in only from Highway 7, and from Highway 41 across an existing parking lot for the 7 & 41 Shopping Center, to the subject site. Parking is proposed along the east portion of Lot 1. Retail Building, Lot 2: The building on Lot 2 is proposed to have an area of 4,500 square feet and will be situated west of Highway 41 and northeast of the existing strip mall. Similar to the Walgreens building, three different shades of brick are proposed to be used with a rough face block along the base. An outdoor seating area is located north of the building. The applicant introduced a canopy along the west and south elevations. This canopy has elements that mimic those found on the strip mall. As with the Walgreens building, all recesses shall have a minimum depth of four inches. The east elevation, which faces Highway 41, must be redesigned to reflect a minimum of 50% transparency. Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 7 of 24 The trash enclosure is proposed to be located south of the building. Existing Strip Mall. Lot 2: The existing strip mall on Lot 2 has a dated appearance. To unify the look of the buildings and update it, the applicant is proposing to paint the exterior of the building, add windows, and change the pitch of the canopy. ~ --~..,.-_. -",", . ~l ~./ .""", "I' .... .:; : .~\'I..)':,"''''~ The existing towers have large brick areas. The applicant is proposing to introduce windows similar to those seen on the W algreens building. The windows will soften the look of the Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 80f24 building and give it architectural interest. The pitched element above the tower is proposed to be painted the same color as the tower on the Walgreens building. . .;~;,jt'...n~- =~-- ,'~~Yf/~"J..~.;X~.-.-.-. ~.",",- .~<!f;; ~>;./f".. rt~~_ ~ The applicant is also proposing to change the pitch of the existing canopy to a flat canopy. Some of the wall signs are located on the canopy, while others are located on the wall. During conversations with the applicant, it was stated that the signs will be located on the wall above the canopy. The strip mall will be painted in earth tones that match the exterior colors of the new retail buildings. The design of the complex as a unit is attractive. It will provide variation and detail. Rooftop equipment and mechanical equipment are not shown on the plans. All equipment must be screened from views. The applicant has explained to staff that rooftop equipment will be screened by a parapet wall. The building and parking lot meet all minimum setbacks in the Neighborhood Business District. ARCHITECTURAL COMPLIANCE Size. Portion and Placement Entries: The building has a pronounced entrance. Articulation: The buildings incorporate adequate detail and have been designed very tastefully. The architectural style is unique to the buildings Walgreens & Retail Building Planning Case No. 08-05 April 15. 2008 Page9of24 but will fit in with the surrounding area. The buildings will provide a variation in style through the use of brick, glass, and canopies. The buildings utilize exterior materials that are durable and of high quality. Samples of the materials will be available at the meeting. Signs: All signage must meet ordinance requirements. A detailed sign plan which includes the lighting method will also be required. Individual channeled letters with the option of back lighting are permitted. Monument signs may not exceed 24 square feet nor be taller than 5 feet. Material and detail High quality materials - accent material may occupy up to 15 percent of the buildings' fal(ades. The buildings will utilize brick as the main material. Color The colors chosen for the buildings are earth tones. The selection is unique, but blends in with the surrounding buildings. Height and Roof Design The maximum building height in the Neighborhood Business District is one story. The applicant is proposing a one-story building. The rootline is staggered, adding articulation to the design of the building. All rooftop equipment must be screened from views. The ordinance requires a pitched element on buildings. This can be achieved through roof design or awnings. The buildings comply with this requirement. Facade Transparency All facades viewed by the public must contain 50 percent windows and/or doors. Staff is recommending the applicant revise the southerly elevation on the Walgreens building and the easterly elevation on the 4,500 square-foot retail building to comply with this requirement. Loading Areas. Refuse Areas. etc. The trash enclosure is located in the rear of the buildings. Recycling space for the Walgreens building is shown next to the trash enclosure. Staff is recommending block be utilized along the lower 2 feet of the structure and brick along the remaining portion. This area shall be redesigned to appear as an extension of the main building rather than a trash enclosure and storage area. SITE PLAN FINDINGS In evaluating a site plan and building plan, the City shall consider the development's compliance with the following: Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 100124 (1) Consistency with the elements and objectives ofthe city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Creation ofa harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility ofthe same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the city's comprehensive plan and the zoning ordinance. The site design is compatible with the surrounding development. It is functional and harmonious with the approved development for this area. Minor revisions are required and are outlined in the conditions of approval. Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 11 of24 WETLANDS A review of available data including the Chanhassen SWMP, NWI, and aerial photography does not indicate the presence of any wetlands on or immediately adjacent to the subject property. Further, the topography ofthe area and the moderately well-drained soils is such that the area would not typically support wetland characteristics. Based upon my review of remote sensing materials and a site visit, I have concluded that no wetlands exist on or adjacent to the property. LAKES The proposed project does not lie within 1,000 feet of the ordinary high water level (OHW) of any public waters and therefore is not within a shoreland district. STORMW A TER MANAGEMENT The proposed development is required to maintain existing runoff rates and meet NURP water quality standards. The drainage for most of the site will be routed to an existing regional pond south of the property. This pond has been previously sized for development of the entire site but is known to have had issues with ground water inflow. The applicant is to create a rainwater garden in the northwest comer of the site. This feature is to be connected to the stormwater system via drain tile where it will outlet to the pond south of the site. EROSION AND SEDIMENT CONTROL AND RUNOFF The total land disturbance associated with the proposed project exceeds the minimum threshold for "small construction activity". Therefore a NPDES Phase II permit to discharge stormwater associated with construction activities is required. This permit must include the General Contractor responsible for day to day operations of the site and the owner. This should be noted on the SWPPP included with the plan submittal. The permit must be presented at the Pre-construction meeting or prior to commencement of grading activities. Other amendments are as follows: Sheet C5.01 - Erosion Control PlanlSWPPP 1. Under "Sequence of Construction" insert "construct rain gardens". 2. Include language to the effect that the permit holder must obtain the Notice of Termination and provide proof to this effect to the City of Chanhassen. 3. Include Rain Water Garden in northwest comer of the site. 4. Include necessary sediment and erosion control BMPs for the construction of the rainwater garden. 5. Remove linear drainage swale along west property line per Engineer comments. Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 12 of24 Sheet Ll - Landscape Plan 1. Include rainwater garden in northwest corner of the site with the following considerations: a. Calculations should be performed and provided to show that the rain gardens will drain within 48 hours and will not bounce more than 18 inches. b. A pre-treatment filter strip or vegetated swale should be included between the curb cut and rain garden feature which is adequate to remove sediment from the runoff to prevent sediment deposition within the rain garden which diminishes infiltration rates within the surface of the rain garden. c. An emergency overflow should be provided for the rain water gardens. d. A detailed landscape plan and planting schedule shall be provided. e. Erosion Control blanket should not be placed over the infiltration surface of the rainwater garden. f. Shredded mulch should be placed within the rain water garden. Refer to Wisconsin DNR Bioretention Design, The Metropolitan Councils' "Minnesota Urban Small Sites BMP Manual", or the "Low-Impact Development Design Strategies" from the Prince George's County, Maryland Department of Environmental Resources for additional information regarding design considerations. SURFACE WATER MANAGEMENT PLAN (SWMP) CONNECTION CHARGES Because there is no subdivision associated with the project, no SWMP fees will be assessed. GRADING AND DRAINAGE The 6.5-acre site is located on the southwest corner of the intersections of State Highway 7 and State Highway 41. Super America is adjacent to the proposed site plan and will remain as is. Two multiple-tenant retail buildings exist on the site with parking lots. The building west of the Super America will be removed along with the parking lot for this building. The other retail building located on the south end of the site will undergo architectural changes. A portion of the parking lot on the east side of the site will be replaced with a future retail building. The existing site consists of 63% impervious surfaces, with pasture-type grassland and trees adjacent to the residential neighborhood. The multiple-tenant building which is being demolished must be removed prior to commencement of grading. Proposed grading on this site will be minimal. Grading is needed to prepare the building pads and parking areas. The proposed Walgreens building elevation will be the same as the existing removed building at an elevation of 996.0. A building pad will be prepared for a future retail building. This building will be built on the east side of the site where there is an existing parking ~l . An easement is required from the appropriate property owner for any off-site grading. If importing or exporting of material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 13 0[24 Existing drainage is divided into three main areas. The first drainage area is approximately 75% of the site and drains the northwest area of the site. This drainage area consists of a MnDOT pond that is located north of the Super America site which drains through a series of storm pipes through the middle of this site and into the pond south of this site. Drainage area number two is approximately 20% of the site. This drainage area is connected by a series of storm pipes around the east corner of the existing multiple tenant retail building and enters the same pond as the first drainage area. The last drainage area (approximately 5% of the site) drains west into the residential neighborhood. There are three proposed drainage areas for this site. These drainage areas are closely related to the existing drainage areas. The first drainage area has been decreased to 73% ofthe site, while drainage area number two has increased to 22% ofthe site. Drainage area number three which discharges to the residential neighborhood will remain as is. Additional stormwater treatment is not proposed with this development. The increase in impervious area is approximately 2,600 square feet. A best management practice must be used for the treatment of stormwater. Drainage calculations for the storm sewer have been provided. Additional hydrological calculations are needed to determine pre- and post-development runoff rates to the pond south of this site. The pre-development runoff rates must be maintained post-development. This site is part of the Minnehaha Creek Subwatershed. RETAINING WALLS The proposed retaining walls are as follows: Location East side of the future retail building (4,500 square foot building) Length (a rox.) 150 feet 4 feet Construction of this retaining wall should be completed with the construction of the future retail building. This will help minimize the size of the retaining wall if a smaller building than proposed is constructed. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. UTILITIES The utilities that service this development are in place. Mainline sewer and water are along the south property line. Adjustments to the existing utilities are needed for servicing the two new Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 14 of24 buildings. The sanitary service from the removed building will be reused to service the Walgreens building. A new sewer service is proposed for the future retail building. Watermain will be rerouted around the footings ofthe proposed buildings. Storm sewer will be added to aide in drainage around the proposed buildings. All of the utilities within the property boundary shall be privately owned and maintained. These utilities must be covered by a private cross- access agreement. Utility plans shall show both plan view and profiles of all proposed utilities (sanitary sewer, water, and storm lines). Actual elevations of existing utilities shall be verified for accuracy. Each new building is subject to sanitary sewer and water hookup charges. Lot 1, Block 1, Seven Forty One Crossing will get credit for three trunk sewer and water charges. This credit is for the removal of the video store which paid for trunk sewer and water charges in 1998. The 2008 trunk hookup charge is $1,769 per unit for sanitary sewer and $4,799 per unit for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All ofthese charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to provide the City with the necessary financial security in the form of a letter of credit or cash escrow in the amount of$16,000.00 ($12,000 for the structure on Lot 1 and $4,000 for the structure on Lot 2) to guarantee the installation of the stormwater treatment, erosion control, and seeding. The applicant must also notify the City after installation of the erosion control and 48 hours prior to the commencement of grading. Permits from the appropriate regulatory agencies will be required, including the MPCA and the Department of Health. EASEMENTS The lot lines for Lot 1, Block 1 are proposed to be adjusted to accommodate Walgreens. Currently, there is a 10-foot drainage and utility easement between Lots 1 and 2, Block 1 which will be vacated. A new lot line and 10- foot drainage and utility easement is proposed that will match the current lot line and easement on the east side, and expand Lot 1, Block 1 into Lot 2, Block 1 on the south side. Since there are no public utilities in this easement, staff does not feel it is necessary to obtain a lO-foot drainage and utility easement along the proposed property line. SITE ACCESS There are two access points for this site. The first access to the site is provided by a right-in off of State Highway 7. The other access point has full access and is located on State Highway 41. No changes are proposed to either access. Turning movements for delivery trucks have been submitted. Revisions to the site plan are needed. Walgreens has shown a turning movement for a WB-65 for deliveries. The turning movements submitted show that the current site plan does not accommodate this size truck. The Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 15 of24 future retail (4,500 square-foot building) turning movements are based on a single-axle truck. The turning movements for the future retail building site shall be revised to accommodate a WB- 40. MISCELLANEOUS The construction details shown on the plan are not current and need to be revised. Show on the plan the location of the light-duty versus heavy-duty pavement sections. Upon project completion, the applicant shall submit a set of "as-built" plans signed by a professional civil engineer. PARKING TABULATIONS The City's parking ordinance requires one parking space per 200 square feet of retail area. This translates to 225 parking spaces. The plans show 234 spaces. Cross-parking and cross-access agreements shall be recorded against the property. LANDSCAPING Minimum requirements for landscaping include 1,506 square feet of landscaped area around the parking lot, six trees for the parking lot, and bufferyard plantings along the north, east, and west property lines. The applicant's proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table. Required Proposed Vehicular use landscape area 1,506 sq. ft. 2,058 sq. ft. Trees/landscape area 6 canopy trees 7 canopy trees 2 islands/peninsulas 1 islandslpeninsulas North property line 5 canopy trees 5 canopy trees bufferyard B - 280' 8 understory trees 4 understory trees 14 shrubs 22 shrubs East property line. 6 canopy trees 3 canopy trees bufferyard B - 310' 9 understory trees 18 understory trees 15 shrubs 42 shrubs West property line 6 canopy trees 1 canopy trees Bufferyard D - 290' 13 understory trees 26 understory trees 19 shrubs 20 shrubs Existing trees Applicant does not meet minimum requirements for landscape plantings. Areas where the applicant falls short are italicized. The applicant will need an additional landscape island or peninsula. An existing tree within the parking lot is proposed to be saved and fitted into the new parking lot. Staff recommends that the tree be removed for the following reasons: it's root area Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 16 of24 will be severely compromised by construction activities, and its long-term viability is not possible; and the island into which it will be retrofitted has an interior width of 3-4 feet which is unsuitable for tree growth. Staff recommends that a proposed island be increased in width to meet minimum standards and planted appropriately. Another landscaping issue is the west property line. Currently, existing vegetation consisting of trees and shrubs adequately screen the development site. The applicant is proposing to remove these trees in order to create a swale behind the building. The landscape plan shows extensive planting within the existing vegetation. This will not be acceptable. Staff recommends that all planting materials proposed for the west property line be field located before planting. Additionally, the applicant should preserve as much of the existing vegetation as possible in order to retain the current advantage of the mature trees. Staff recommends that landscaping be increased in order to meet minimum requirements as shown in the table. The applicant would like to maintain a 10- foot parking setback from the north property line but has proposed no landscaping along the parking curb. Staff recommends that a line of shrubs be planted along the length ofthe parking lot on the north property line to fully buffer the views. The shrubs must have a minimum height of three feet when mature and meet minimum planting size requirement when installed. LIGHTING The applicant submitted photometric calculations for the site. There are inconsistencies between the site plan and the photometric plan. Some light fixtures are not shown on the plan and the 4,500 square-foot retail building is not shown. The plans also show a dead zone on the easterly half of Lot 2. Section 20-1123 states "Sufficient lighting shall be provided to illuminate all areas of the parking lot to provide adequate levels of safety." The ordinance requires no more than 0.5 foot candle at the property line. The applicant is proposing to add light fixtures on the building. These light fixtures are decorative in nature. Only downcast shielded fixtures are allowed as required by ordinance. SIGNAGE &Jffv.~:~~ 13 feet 11 7/8 10 Feet 107/8 The applicant is proposing a monument sign that has an area, height, and logo size that does not meet ordinance requirements. All monument signs may not exceed 24 square feet in area and 5 feet in height. The logo may not occupy more than 15% of the sign area. - cD cD u.. ~ Rockface Block The applicant has not shown any detail as to the function of the area o . : ; o 0 o 0 ~ ~ t . L_._____________________________________~ fValgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 17 of24 located to the right ofthe Walgreens logo. The applicant is also showing two wall-mounted signs on each building elevation with a street frontage (Highway 7 and the private street off of Highway 7). Sign permits are required prior to sign installation. COMPLIANCE TABLE WITH HIGHWAY & BUSINESS DISTRICT ORDINANCE Ordinance Walgreens 4,500 s.f. retail Building Building Height 1 Story 1 Story 1 Story Building Front Yard Setback Front-35' N-35' E-120' E-85' Rear-30' NA W -400' Side Yards 15' S-35' N-95' S-280' Building Setback 50' W-50' NA from Residential Parking Setback Front-35' N-lO' * E-NA E-150' Rear-30' NA W-NA' Side Yards 15' S-NA' N-NA S-NA Parking Setback 50' W-50' NA from Residential Lot Area 15,000 S.F. 1.19 acres 5.28 acres Hard Surface Coverage 65% 65.5% 63.7% Parking Stalls 225 235 for both sites * As mentioned in the landscape portion of the report, the ordinance states that Parking setbacks along public rights-of-way may be reduced to a minimum of ten (10) feet if the applicant can demonstrate to the satisfaction of the city that one-hundred -percent screening is provided at least five (5) feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setbackfor additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. The applicant is showing a 10 foot parking lot setback from Highway 7. The ordinance typically requires a 25 foot setback from public right-of-way. This parking lot setback was approved as part of the 1998 site plan approval for the building proposed to be demolished. Staff is recommending the applicant be permitted to maintain this setback with the condition that additional landscaping be provided to improve screening. ** The hard surface coverage for Lot 1 may not exceed 65%. Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 18 of24 CONDITIONAL USE PERMIT ANALYSIS The applicant is requesting a conditional use permit to locate two commercial buildings on a single parcel. FINDINGS The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. Finding: Locating the 4,500 square-foot retail building on the same lot as the strip mall and adjacent to Highway 41 will screen the parking lot from views. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: This use is consistent with the objectives of the city's comprehensive plan and this chapter. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: Staff believes that the buildings have been designed and will be constructed, operated and maintained so as to be compatible in appearance with the existing character of the site. It will improve the character of the area. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: As part of this development, the applicant is upgrading the exterior of the strip mall. This will benefit the planned neighboring uses. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: Will be served adequately by facilities and services provided by the persons responsible for the establishment of the proposed use. Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 190124 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 7. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 10. Will be aesthetically compatible with the area. Finding: Will be aesthetically compatible with the area. 11. Will not depreciate surrounding property values. Finding: Will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: Not applicable. RECOMMENDATION Staff recommends the Planning Commission adopts the following motions: Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 20 of 24 I. SITE PLAN REVIEW "The Planning Commission recommends the City Council approve the two site plans consisting of a 14,490 square-foot retail building containing a pharmacy with a drive-thru and a 4,500 square-foot retail building and upgrade the fayade of an existing strip mall, Planning Case 08-05, for Seven and Forty One Crossing as shown in plans dated received March 17,2008, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Conditions common to both site plans: 1. All site improvements, including the building pad for the future retail building and remodeling of the existing strip mall, must be constructed concurrently. 2. If importing or exporting of material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 3 . Work with staff to develop additional treatment of stormwater for this site. 4. Revise the drainage calculations. The drainage calculations state an assumption of off-site runoff without information as to how the assumption was made. E4 is shown in the rational method calculations but is not shown on the drainage maps. Darken drainage boundaries so that the map is easier to follow. Also, the pond south ofthis site has an additional inlet and outlet that are not shown on the plan. Hydrologic calculations are needed to determine pre- and post-development runoff rates to the pond south of this site. The pre-development runoff rates must be maintained post-development for a 2-, 10-, and 100-year storm event. 5. All of the utilities within the boundary should be privately owned and maintained. These utilities must be covered by a cross-access agreement. 6. Utility plans shall show both plan view and profiles of all proposed utilities (sanitary sewer, water, and storm sewer lines). 7. Determine actual elevations of existing utilities. A minimum vertical separation of 18 inches is required at all storm, sanitary, and watermain crossings. Provide details of each crossing to ensure minimum separation. The ductile iron watermain must be poly wrapped. 8. Each new building is subject to sanitary sewer and water hookup charges. Lot 1, Block 1, Seven Forty One Crossing will get credit for three trunk sewer and water charges. The 2008 trunk hookup charge is $1,769 per unit for sanitary sewer and $4,799 per unit for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 9. All ofthe utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant must also notify the City after installation of the erosion control and 48 hours prior to the commencement of Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 21 of24 grading. Permits from the appropriate regulatory agencies will be required, including the MPCA and the Dept. of Health. 10. The current lO-foot drainage and utility easement between Lots 1 and 2, Block 1 must be vacated. A 10-foot drainage and utility easement was proposed along the new lot line, which is not needed. Submit revised drawing without the proposed drainage and utility easement. 11. Revisions to the site plan are needed to accommodate the appropriate size delivery truck for Walgreens. Show turning movements for vehicles entering the drive-thru. 12. The construction details shown on the plan must be updated to the 2008 City of Chanhassen Specifications. Show the location ofthe light-duty vs. heavy-duty pavement sections. 13. Upon completion of the public street, the applicant shall submit a set of "as-built" plans signed by a professional engineer. 14. Fire Marshal Conditions: a) A PlY (Post Indicator Valve) is not required. b) As building plans are submitted I will review and comment on them as necessary. c) Contact Chanhassen Fire Marshal for location of "No Parking Fire Lane" signs and curbing to be painted yellow. Per MSFC Sec. 503.3 d) A 3-foot clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved. Per MSFC Sec. 508.5.5. e) Posts, fences, vehicles, growth, trash, storage, and other materials shall not be placed or kept near fire hydrants, fire department inlet connections or fire protection control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. Per MSFC Sec. 508.5.4 15. Building Official Conditions: a) The buildings are required to have automatic fire extinguishing systems. b) Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. c) Retaining walls over four high must be designed by a professional engineer and a permit must be obtained prior to construction. d) Of the 234 parking spaces proposed a minimum of seven must be handicap accessible with two of the seven "van-accessible". e) Detailed occupancy related requirements will be addressed when complete building plans are submitted. t) The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 16. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities as required for landscaping. Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 22 of 24 17. The minimum depth of all recessed walls is four inches. 18. Rooftop equipment and mechanical equipment are not shown on the plans. All equipment must be screened from views. 19. Approval of the site plan is contingent upon approval of the vacation, conditional use permit and administrative subdivision. 20. All monument signs may not exceed 24 square feet in area and 5 feet in height. The logo may not occupy more than 15% of the sign area. 21. Wall-mounted signs shall meet ordinance requirements 22. Sufficient lighting shall be provided to illuminate all areas of the parking lot to provide adequate levels of safety. The ordinance requires no more than 0.5 foot candle at the property line. Light fixtures and site lighting plans shall meet ordinance requirements. 23. Environmental Resource Specialist Conditions: a. Applicant shall increase landscape plantings to meet minimum requirements. A revised landscape plan shall be submitted to the City prior to final approval. b. All landscape islands shall have a minimum inside width of 10 feet. c. Approval of clearing limits along the west property line must be given by the city before any trees are removed. d. Existing trees on the west property line shall be removed only within the proposed grading limits. No proposed landscape material will be allowed to be planted within the existing wooded area unless approved by the City. Planting locations must be field located. e. A line of shrubs must be planted along the parking lot on the north property line. The shrubs must have a minimum height of three feet at maturity. City approval of the shrubs species and planting spacing is required before installation. 24. Water Resource Coordinator Conditions: a. A rainwater garden shall be designed and constructed in the northwest comer of the property. This feature shall be designed to drain within 48 hours and to not exceed 18 inches of inundation. The Erosion ControVSWPPP Plan and Landscape Plan shall be modified per this requirement. b. The swale proposed along the western property line shall be eliminated and the existing vegetation shall be left intact. Protection fencing shall be installed around those trees to be saved. c. The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. 25. The applicant shall add a sidewalk along the easterly property line of Lot 2. Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 23 of 24 26. Upgrade of the building faryade of the existing strip mall shall occur prior to issuance of a certificate of occupancy of either of the new buildings. Conditions specific to individual sites: Retail Building with an area of 14,490square feet located on Lot 1, Block 1: 1. Remove the multiple tenant building to be demolished prior to commencement of grading. 2. The grading plan needs to be revised. Slopes west ofthe proposed Walgreens are 2:1 and need to be revised to 3: 1. Show more spot elevations in the parking areas to ensure proper drainage. Normal water level ofthe existing pond should be shown on the plan. Existing contour information should be shown 100' north of the site. Show emergency overflows on the plan. A benchmark shall be added to the grading plan. Keep a minimum 2% slope in the grass areas, 1 % in the pavement areas, and .5% along the curb lines. 3. The applicant shall provide the City the necessary financial security in the form of a letter of credit or cash escrow in the amount of$12,000.00 to guarantee the installation of the stormwater treatment, erosion control, and seeding. 4. The applicant shall revise the southern elevation ofthe pharmacy building (drive-thru area) to incorporate windows similar to those shown on the north and east elevations. The building shall maintain a minimum of 50%transperency along the south elevation. 5. Revise the plans to reflect a maximum hard surface coverage of 65%. 6. The exterior material on the storage building shall be revised to reflect the same treatment used on the retail building, (block on the bottom 2 feet while the upper portion utilizes brick. This area shall be redesigned to appear as an extension of the main building rather than a storage area. Retail Building with an area of 4,500 square feet located on Lot 2, Block 1: 1. The grading plan needs to be revised. Show more spot elevations in the parking areas to ensure proper drainage. Normal water level ofthe existing pond should be shown on the plan. Show emergency overflows on the plan. A benchmark shall be added to the grading plan. Keep a minimum 2% slope in the grass areas, 1 % in the pavement areas, and .5% along the curb lines. 2. The retaining wall located east of the future retail building shall be constructed at the time of the construction of the building. This will help minimize the size of the retaining wall if a smaller building than proposed is constructed. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. Walgreens & Retail Building Planning Case No. 08-05 April 15, 2008 Page 24 of 24 3. The applicant shall provide the City the necessary financial security in the form of a letter of credit or cash escrow in the amount of $4,000.00 to guarantee the installation of the stormwater treatment, erosion control, and seeding. 4. The applicant shall revise the easterly elevation retail building proposed to be located on Lot 2 by introducing windows. The building shall maintain a minimum of 50% transparency along the east elevation, facing Highway 41. 5. Approval ofthe site plan is contingent upon approval of Conditional Use Permit 05-05. 6. The turning movements for the future retail building site shall be revised to accommodate a WB-40." II. CONDITIONAL USE PERMIT "The Planning Commission recommends approval for Conditional Use Permit 08-05, to allow two buildings on a single lot, and including the attached Findings of Fact and Recommendation, with the following condition: 1. Approval of the conditional use permit is contingent upon approval of the vacation, site plan and administrative subdivision." ATTACHMENTS 1. Findings of Fact. 2. Application. 3. Affidavit of Mailing Notice of Public Hearing. 4. Plans dated Received March 17,2008. g:\plan\2008 planning cases\08-05 walgreens\staff report pc.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Anxon, Inc. for the following: Site Plan Approval and a Conditional Use Permit for the construction of two retail buildings and upgrading the fa<;ade and parking lot of an existing strip mall on property zoned Neighborhood Business District - Walgreens and Retail Building. On April 15, 2008, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Anxon, Inc. for a Site Plan Review and Conditional Use Permit. The Planning Commission conducted a public hearing on the proposed application 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 Neighborhood Business District, BN. 2. The property is guided in the Land Use Plan for Commercial. 3. The legal description of the property is shown on the attached Exhibit A. 4. In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: a. Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted. b. Consistency with this division. c. Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas. d. Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development. e. Creation of functional and harmonious design for structures and site features, with special attention to the following: 1 1) An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community. 2) The amount and location of open space and landscaping. 3) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses. 4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. f. Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 5. In evaluating a conditional use permit, the city shall consider the development's compliance with the following: a. Will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. c. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. 2 h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 1. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 8. The planning report #08-05, dated April 15,2008, prepared by Sharmeen Al-Jaff, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve Site Plan and Conditional Use Permits 2008-05. ADOPTED by the Chanhassen Planning Commission this 15th day of April, 2008. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 3 . .. Planning Case No. 0 g -OS CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 CITY OF CHANHASSEN RECEIVED DEVELOPMENT REVIEW APPLICATION FEB 0 1. 2008 CHANHASSEN PLANNING DEPT Owner Name and Address: ,,- -S )t\ II sf;; 40'v 1....J Phone: lPI1A I?'S' 6 ~ Ie' I Fax: ((l/'Z~ 3'-/ I q I ~ \ Email: \.-.IA;l.l\>A..J.t.......1. ('..o~V\ Contact: Phone: Email: Fax: NOTE: plans Consultation with City staff is reauired prior to submittal, including review of develqpment _ G, IS f-Ec. (qy \Rb~ \s '" \i3~):: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) tl2r;/ " Vacation of Ri9ht-of-WaY/~~AC) Interim Use Permit (IUP) '/. Variance (VAR) '200 ./' /' \'3 "2- 'I ,/ 200 Non-conforming Use Permit _ Wetland Alteration Permit (WAP) Planned Unit Development" _ Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits I ....1.\0 Sign Plan Review 4;; ~ '? j SOc) -I: ~S V L\--..-itI -P- S~~~ Review (SPR)* SOO~I '?- X. Subdivision" ~l\~..\,1'\, \SC./ /' '/... Notification Sign ~ (City to install and~ )(:;)... "'''--0 -2L- sl tomey Cost.... 0'- '::l \!\P/Metes & Bounds . $450 Minor c~*50~' I ?2cO TOTAL FEE $ z;,e4l-~ _ C~~/W 1,S0e) An additional fee of $3.00 per address within the public hearing notification area will be Invoiced to the applicant prior to the public hearing. P-.Jc.l \ Ese ro~<,)::C 853 "'Sixteen (16) full-size folded copies of the plans must be submitted, including an 8W' X 11" reduced copy for each plan sheet along with a diaital COpy in TIFF-Group 4 (*.tit) format. "''''Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED I i I I I I I I 1--' I I PROJECT NAME: iJ"~~M tini U;(.f;-fL__ ___ LOCATfON: J r.t 97 dV "0iq)/-fr) hW~ '7 ___.___ __.._______._ LEGAl.DESCRIPTlON:,i:9.t__.1...~.~~ \ ~_~n hw~y_ ON Go~.~ (;).5-7946610 TOTAL ACREAGE: 5. () () Ac. WETlANDS PRESENT:.__ YES _.~ NO PRESENT ZONING: _J1td3hfoo~~tJd __.BV.SM(f1._~~f ______ REQUESTED ZONING: ""~__.___._..__ ~____,_,_,,,__'_'_____"'___'_' PRESENT lAND USE DESIGNATION: t6 M,/f\~~___.______.___._ REQUESTED LAND USE DESIGNATION: _~._.___..___...__ REASON FOR REQUEST: _~i~_.f {~_ ~.__.r..~D 1I.t. LA::ir,(~ re...la.; I b,,,,..; I~(~ a.,.J l2iliIJ Wtl/qru--r _-4L Wi-II ~r !1etd.._ J"'e-4 ,-I htl.Jl~l::J-_j~.li':L~__..._.___. O~/tAlJ__..l!f---1f._. ~.d ((l {ANt J' A Ot2~ 1~1 J..e-I"-kr ___________. I oJ' ..r This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions.. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of applicaUon deficiencies shall be maired to the applicant within 15 business days of applicaUon.. This is to certify that I am making application for the described action by the City and that r 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, /J L-;t. ....7 ...~ ~ ..... ~/~7-:: . -/ '-- .--.----.--~ Signatur Applicant ;th-- ~ '"" . ~ &"" Si9natu",OfFoeawne'~ - 1.I.o~ Data 2i~ Date G:\plAN\formsIDevelopment Review Applicalion DOC Rev. 12/05 SCANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on April 3, 2008, the duly qualified and acting Deputy Clerk of the City ofChanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Walgreens - Planning Case 2008-05 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 this day of A-p{ ~ \ , 2008. ~ I ><~ KIM T. MEUWISSEN I J} Notary Public-Minnesota .... My Commission Expires Jan 31. 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, April 15, 2008 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Site Plan Approval and a Conditional Use Permit Proposal: with Variances for the construction of two retail buildings on property zoned Neighborhood Business District - WALGREENS Applicant: Anxon, Inc. Property Southwest corner of the intersection of Highways 41 and 7 Location: (2401 & 2499 Highway 7) A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the proiect. If you want to see the plans before the meeting, please visit the City's projects web page at: www.cLchanhassen.mn.us/serv/plan/08-05.html. If you wish to talk to someone about this project, please contact Sharmeen Questions & AI-Jaff by email at saliaff@cLchanhassen.mn.us or by phone Comments: at 952-227-1134. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: . Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. . Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. . Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. . A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). . Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have somethinQ to be included in the report, please contact the PlanninQ Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, April 15, 2008 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Site Plan Approval and a Conditional Use Permit Proposal: with Variances for the construction of two retail buildings on property zoned NeiQhborhood Business District - WALGREENS Applicant: Anxon, Inc. Property Southwest corner of the intersection of Highways 41 and 7 Location: (2401 & 2499 Highway 7) A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the proiect. If you want to see the plans before the meeting, please visit the City's projects web page at: www.cLchanhassen.mn.us/serv/plan/08-05.html. If you wish to talk to someone about this project, please contact Sharmeen Questions & AI-Jaff by email at saliaff@cLchanhassen.mn.us or by phone Comments: at 952-227-1134. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: . Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. . Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. . Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. . A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). . Because the Planning Commission holds the publiC hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have somethinQ to be included in the report, please contact the PlanninQ Staff person named on the notification. . : t- Jt . CoP'Yr~ kt @ 2007, Ca rver Ca.Jl'lty} Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city. county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes 3466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes 3466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. WILLIAM M ZIEGLER 6441 ORIOLE AVE EXCELSIOR. MN 55331 -7809 JODY BERNADETTE MAJERES 6450 ORIOLE AVE EXCELSIOR. MN 55331 -7808 MARK S & MARY BETH G MOZE TRUSTEES OF MOZE FAMILY TRUST 6461 ORIOLE AVE EXCELSIOR. MN 55331 -7809 RICHARD G & K SCHMIDT 5136 WILLOW LN HOPKINS. MN 55343 -4039 GARY SCOTT REED 2471 64TH ST W EXCELSIOR, MN 55331 -8809 NANCY JO PERKINS-BROOKS 2448 64TH ST W EXCELSIOR, MN 55331 -8808 LESLIE A POL TRACK & ALICE M HAUSLADEN 164 DOUD DR LOS ALTOS . CA 94022 -2369 GARY G & JANET REED 2461 64TH ST W EXCELSIOR. MN 55331 -8809 DONALD J & EILEEN RUOTSINOJA 6470 ORIOLE AVE EXCELSIOR. MN 55331 -7808 GARY S BRUNSVOLD 6287 CHASKA RD EXCELSIOR, MN 55331 -8824 MARK S & LORENA M FLANNERY 2350 MELODY HILL RD EXCELSIOR, MN 55331 -8893 DONALD H & ANNETTE K DUEFFERT 2451 64TH ST W EXCELSIOR, MN 55331 -8809 DALE JAMES & KELLY LEE HANCE 6480 ORIOLE AVE EXCELSIOR. MN 55331 -7808 PAUL J & JUDITH A POITEVENT 2300 MELODY HILL RD EXCELSIOR. MN 55331 -8893 GARY A & MARIE C BRIDGE 2449 64TH ST W EXCELSIOR. MN 55331 -8809 FRANK R & THERESA M GUSTAFSON 1165 SYMPHONY LN CHASKA. MN 55318 -4590 SHAHRIAR RAHMAN 6421 ORIOLE AVE EXCELSIOR. MN 55331 -7809 SPEEDWAY SUPERAMERICA LLC C/O PROPERTY TAX RECORDS 539 MAIN ST S FINDLAY. OH 45840 -3229 C E JR & MARJORIE M WOOSLEY CHARLES E III &CORRINE WOOSLEY 4783 HAMILTON RD HOPKINS. MN 55343 -3515 STEPHEN M & KATHRYN M MACH 6451 ORIOLE AVE EXCELSIOR, MN 55331 -7809 BRADLEY J & REBECCA M PLUTH 6440 ORIOLE AVE EXCELSIOR. MN 55331 -7809 DEBRA LEIGH THOMASSON-HIGGINS 6285 CHASKA RD EXCELSIOR, MN 55331 -8824 RUSSELL J & LYNN F PAULY 2447 64TH ST W EXCELSIOR, MN 55331 -8809 MICHELLE M CURTIS 2446 64TH ST W EXCELSIOR. MN 55331 -8808 HOWARD G & MICHELLE N NELSON 2445 64TH ST W EXCELSIOR. MN 55331 -8809 WAYNE PETERSON & KELLY WATSON 2444 64TH ST W EXCELSIOR. MN 55331 -8808 GEORGE & BEULAH G BAER 6300 CHASKA RD EXCELSIOR, MN 55331 -8825 DAMON M & NANCY M JOHNSON 6366 MELODY LN EXCELSIOR, MN 55331 -6402 MYKE L & LYNN S MILLER 6405 MELODY LN EXCELSIOR, MN 55331 -6404 IND SCHOOL DIST 276 261 SCHOOL AVE EXCELSIOR. MN 55331 -1987 BENJAMIN H & HIDEKO GOWEN TRUSTEES OF TRUSTS 6440 HAZELTINE BLVD EXCELSIOR, MN 55331 -8049 ROR INC 2461 64TH ST W EXCELSIOR. MN 55331 -8809 RICHARD D BLISS & GAIL ANN PRATT 6400 MELODY LN EXCELSIOR, MN 55331 -6403 MICHAEL D & KARA S TILDEN 6390 MELODY LN EXCELSIOR. MN 55331 -6402 MATTHEW R HANSON & JENNIFER M HANSON 6378 MELODY LN EXCELSIOR, MN 55331 -6402 DAVID L & MARY JO WILLADSEN 2325 MELODY HILL RD EXCELSIOR. MN 55331 -8894 ANDREW N FISCHER 6175 RIVIERA LA SHOREWOOD MN 55331 BIG BOX ONE LLC C/O BRUCE DACHIS 4000 25TH ST W MPLS MN 55416 CITY OF SHOREWOOD 5755 COUNTRY CLUB RD SHOREWOOD MN 55331 F R & T M GUSTAFSON 6250 CHASKA RD EXCELSIOR MN 55331 TOWLE REAL ESTATE ATTN BARB PERRON 11095 VIKING DR STE 260 EDEN PRAIRIE MN 55344 WAKEFIELD INVESTMENTS LLC PO BOX 147 101 ASH AVE N MAYER MN 55360 BOSCOINC 6140 LAKE LINDEN DR SHOREWOOD MN 55331 ROBERT A MEESE 6185 RIVIERA LA SHOREWOOD MN 55331 Public Hearing Notification Area (500 feet) Walgreens/Retail Building 2401 & 2499 Highway 7 Planning Case 2008-05 ... ......." , "-~. ",". .. .::... 'I. ........ ~~ ."=""'" , .... "- ;. . "'- ' '4. .. ;-. ..... . ./:~..... r, .Jj.- )I. r ' . :'.. f:C~\< ' ;' -'; ~ ' ~,~ ""'! ~ . .... -~ -' J - ~, , . ~~ -' ., .. 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"u: -<,.... .",,,,,"" --... ~0 j""""" 2 BRICIC 12 3 ElRICK,3 4 ROO<f ACE BlOO< " 5 PREFlHlSHED CAP FlASHING CCllClft " 6 PR[FlNlSHEO STANOINI; SEAN CANCPY-CQLOO " 7 PRECAST CCWCRETE SILl BLOCK COLOA """'" BRIO<. 11 Q.EN-GERY BRICK - Q.ASSlC SERIES "REO" IllISSlON TEXl\JRE BRIO< f2 HEBRON BRIO< COWPAN'I' "BUQ(~Ar WIRE CUT BRIO< '3 .ATSONT'O'Ifol BRICIC CCNPAN'I' lIIANHATTAN SERIES "REGENCY"' SMOOTH TEX1\JRE ROCKrACE a.OOC " COUNTY c;a.lCRETt ~RSH[Y OKlCCllAT[" PREFlHlSliED NETAL II BERRIDGE METAlS "ANTIQUE COPf>ER-COl!" PRECAST CCNCRETE 'SILL ROCKCAST -PEWTtR" I 1 Lt----------------------------p Q 6I'TII 61QN .........- B A ~~0 ~ - !PIJ1'~1fN.1f.!iJ0 -.pw.P0 'IP" ""'i'w.'M0 ~0 - ~ MktiIIII.._A.J.A. 1Io117V..,ws...... ...."...."""JS34.t '..'2.'.,..... '.'".94'-2711 -- _.- . 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CITY OF CHANHASSEN - CERTFICAT1(IIIANDSEAl - - m ~. . - ...- PROJECTlOCATlON EXTERIOR ELEVATlONS DRAWING Tm.E _ .JlllIllllllL -~ -~ ----""'"--- =- JJUL ~ A2.1 ~ -.r.oa01O :;--m ....LI..B.... -~~ -""--