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CC Staff Report 6-9-08 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952,227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & 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 WIfW,ci ,chanhassen .mn.us ~ MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: &~. June 9, 2008 SUBJ: Superdog Country Club Planning Case 08-11 PROPOSED MOTION "The Chanhassen City Council approves the amendment to the Planned Unit Development design standards for Arboretum Business Park, amending section b. Permitted Uses, subsection Commercial Uses, to permit pet kennels and/or veterinary clinics on Lot 2, Block I." And, "The Chanhassen City Council approves the Site Plan for Planning Case #08- 11, for a 21,020 square-foot, one-story kennel and veterinary clinic, plans dated April 18, 2008, subject to conditions 1 through 29 in the staff report dated May 20, 2008 and the approval of the attached Findings of Fact and Recommendation." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY The applicant, Gateway Partners, is requesting an amendment to the Planned Unit Development to permit a kennel and animal clinic on this property. The co- applicant, Karen Jackson, is requesting site plan approval for a 21,000 square-foot, one-story veterinary clinic and kennel with fenced outdoor play and exercise areas behind the building. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on May 20, 2008 to review the proposed development. The Planning Commission voted 5 for and 0 against a motion recommending approval of the PUD amendment and site plan approval. The City of Chanhassen · A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks, A great place to live, work, and play, Todd Gerhardt June 9, 2008 Page 2 The Planning Commission requested information regarding the operation of the facility as well as any potential noise issues. In reviewing this location, it was felt that due to the industrial nature of the area, the configuration of the site with a slope to the north and the building creating an enclosure on the south and east, that noise should not be an issue. The applicant also advised the Commission that dogs are not left outside alone and if one were to get unruly, that animal would be taken back inside the building. Finally, the nearest residential properties are over a half mile away from the site. The Planning Commission minutes are item 1a of the June 9, 2008 City Council packet. RECOMMENDA TION Staffrecommends adoption of the two motions as specified on pages 14 - 16 in the staffreport dated May 20, 2008 approving the PUD amendment to permit pet kennels and/or veterinary clinics and the Site Plan for Planning Case #08-11, for a 21,020 square-foot, one-story kennel and veterinary clinic. A TT ACHMENTS 1. Planning Commission Staff Report Dated May 20, 2008. 2. Fourth Amendment to Arboretum Business Park Development ContractIPUD Agreement. g:\plan\2008 planning cases\08-11 superdog country c1ub\executive summary.doc ~ z < u ~ ~ ~ ~ < z o ~ ~ o ~ < ~ < ~ ~ ~ ~ 00. PC DATE: May 20, 2008 d. CC DATE: June 9,2008 CITY OF CHANHASSEN REVIEW DEADLINE: June 17,2008 CASE #: 08-11 BY: RG, ML, JM, JS, JS STAFF REPORT PROPOSAL: Request for a Planned Unit Development (PUD) Amendment to permit a kennel and clinic, and Site Plan Approval for a 21,000 square-foot one-story veterinary clinic and kennel- SUPERDOG COUNTRY CLUB. LOCATION: 2910 82nd Street (Lot 2, Block 1, Arboretum Business Park 3m Addition) rhY. APPLICANT: Karen Jackson 10104 Indigo Drive Eden Prairie, MN 55347 (612) 239-7024 Chaska Gateway Partners LLP c/o Steiner Development, Inc. 3610 County Road 101 South Wayzata, MN 55391 (952-475-5122 The Planning Commission recommends that the City Council approve the amendment to the Arboretum Business Park Planned Unit Development to permit a kennel and veterinary clinic; and Site Plan Approval for a 21,000 square-foot one-story veterinary clinic and kennel with the conditions as specified on pages 14-16 in the staff report. PRESENT ZONING: Planned Unit Development. PUD 2020 LAND USE PLAN: Office/Industrial ACREAGE: 3.08 Acres DENSITY: F.A.R,: 0.16 SUMMARY OF REQUEST: The developer is proposing an amendment to the PUD to permit a pet kennel and veterinary clinic as well as site plan approval for a 21,000 square-foot kennel and veterinary clinic. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving amendments to PUD's because the City is acting in its legislative or policy making capacity. An amendment thereto must be consistent with the City's Comprehensive Plan. 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. Location Map (Subject Property Highlighted in Yellow) Superdog Country Club 2910 82nd Street Planning Case 2008-11 i 1" .., ~ d~:.~. . ifl./ lJt';ff~ t, ,.,..jt:i:,l d} (~~zj , :,~ f., ~1' "" 0' r'~, ,.. Superdog Country Club Planning Case 2008-11 May 20, 2008 Page 2 of 16 PROPOSAL/SUMMARY The applicant, Gateway Partners, is requesting an amendment to the Planned Unit Development to permit a kennel and animal clinic on this property. The co-applicant, Karen Jackson, is requesting site plan approval for a 21,000 square-foot, one-story veterinary clinic and kennel with fenced outdoor play and exercise areas behind the building. The project is located within the Arboretum Business Park development. The property to the north is owned by the City and contains a water tower. The property to the east is the Heartland America building, the first building within the Arboretum Business Park project. To the south across 82nd Street is office and industrial development within the City of Chaska. To the west is a Holiday convenience store and gas station. To the northwest is the Arboretum Service Center, an automobile repair establishment. Sanitary sewer and water service is available to the site in 82nd Street and is from the City of Chaska. Since water is now available from the City of Chanhassen, the developer shall connect to the City of Chanhassen water supply. Storm sewer is provided down 82nd Street to the storm water pond east of Century Boulevard. The City trail system ends at the east side of the site. In conjunction with the development of this site, the developer, Gateway Partners, will be extending the trail to TH 41. The proposed PUD amendment permitting kennels and veterinary clinic provides a supportive commercial use that may benefit the business park as well as the rest of the community. The proposed site plan, subject to recommended conditions of approval, complies with the site plan review requirements, the zoning code and the PUD development design standards. Staff is recommending approval ofthe proposed PUD amendment and site plan review. PHYSICAL CHARACTER: The site slopes from a high point elevation of 1020 along the northern property line to a low point in the southeast comer of the property at an elevation of984. The site was partially graded in conjunction with the development of Arboretum Business Park with some earth removed for fill in other portions of the development. Three trees are located on the high point of the property. Otherwise, the site contains only grassy groundcover. Superdog Country Club Planning Case 2008-11 May 20, 2008 Page 3 of 16 APPLICABLE REGUATIONS Chapter 20, Article II, Division 2, Amendments Chapter 20, Article 2, Division 6, Site Plan Review Chapter 20, Article VIII, Planned Unit Development Districts Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office- Institutional Developments Arboretum Business Park Development Standards 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 4th Addition to be platted as Lot 1, Block 1, Life Time Fitness). On April 14, 2003, the Chanhassen City Council approved 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. 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 recreationlhealth 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 2nd Addition. On March 8, 1999, the City Council approved PUD #92-6 granting final plat approval for Arboretum Business Park 3rd Addition creating two lots and right-of-way for TH 41. 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. Superdog Country Club Planning Case 2008-11 May 20, 2008 Page 4 of 16 REZONING The applicant is requesting an amendment to the development design standards to add pet kennels/veterinary clinics as a permitted commercial use. This amendment would add a subsection 7 to the commercial uses list. The proposed use would be limited to Lot 2, Block 1, of the concept PUD, which corresponds to Lot 2, Block 1, Arboretum Business Park 3m Addition. ~_ - -_~__':,~::-"il<~~'NlI.: ......-;_~ _. _ - . _LOTS1&4 . - ...~-'tit;; ~ ~ 10: '" ,'~, IIDT...._ OFFICES ./u I' r ~ it, ,.,'. '..yc.... CUNtCS lOTI :[:0 ....... :lOT4~", l,t\L... jf 1 HUUlt..... ~.v ~ II.,..~.~ ., ki"'Z"\f' OfflCUt8URCH. LOT.' ~ i '1 r"-' _..;:~.;.."" NMITA1A1. 'it ' t ,.....tl1i_'lI ~ ...-.... 1 MAJOlO COOP<lIIA'" ~ 23.~ ~ ~-tt"'-'l V, . ~\ l..\~~h.. i f::1~'~' OUTlOT.. 1 :=:::::: ~~.. , (.1-~",> .. I :f" t, . "n:.,oc. , ROW . 14.72 Cllmll : '-r-..,.----_,L .:...)., -' "., ..' . ~ lilT I i LOT2 iil:',r~ J, ."..... TOTAL-lSl.73ACRU! = k ..:fIoc.: &40... '.It' f.1 .,... ,......._ i LOTS ,"" t k..... 11. L" Jr; . 'j '11"r('-.yt"<:"-i..~7" lOTS 3-3 , Ii! ::t.,,,'.t:~ w.....llIl_'" i ,- ~I ~'l_ ," ~ '\..~,', '-" ..:::~:{. , 1;L._'t"'-i"';:~~~:_r!_H,<: ~'.<.'i~..,.,> .,. LEGE!\>D wumtOUSt \ \ - -.;: "" r l~c~~z.~.<.,;.~~~:'''' .,it-- '" __ .~ j: '. II fn..,~.... .... ........1i- UTl.ITY......... \:'._ _"" _ 1'S~',~u r" ,..~~ ~ ~lI:J.._.._.....~ .. .' :., - l~_,-" ....... \...-.,::~ ".....:QI:R' t. ,q-....~aoat. I..~:~B~.. c.-..l~_ ~'}.-... OFFICI '\"....LOT. \_\lq3. 4.j.!fO '."'.~2I.a1N;.'i o~ L'p.. __IW......t..ilo \. ;.: l!,41 ....jLOH!. ' "I LOT I !!': f: (pal<) - , !!!!i..lS'PROPE..'lY.".['~' ~AC..~~:CJf:.'~l2.2HC',!..~: .......... . OfJ'ICI:IIDUS. . 1'IlIAL..~;-."I.." "..,,.t.J..,;i:~O ,-... ..,~;- - t;.r '.J \' ..,,;..............:.. --_.-:-,....,::;~->f-~.r.,.....-l."'t.~. .f:.: ~.:-.'';'' ,'RBOR....'.l:MBl'SI't:SS vn.~IT1'.~"~:." i.-'_f..I,L-. \'-3'~) cl'l~ . '.::,.~: .~ P.\RK LOTS1&2/"'~." .. .~.',..",~':r: '~~,.'~it j "::;):' MST~p'..:-=~'.~:~ .~-,,="~.~~5~'." ..'~~.. l:IIAf'\iIIMSt:'ll,MN .....K -~--~f ->..__.-..--:--~___...... -'.~ C_" -~___." .._.. ;'.' =- . . ,- II:! ~ CUMC ImUSTRLlL ClmCE ;---'--,,~"":j PUD PLAN City staff had originally been approached about allowing a kennel on the vacant lot on Water Tower Place and Highway 41. Since that area was always contemplated as office/industrial/warehouse space and is situated for an office-showroom type building, staffwas opposed to recommending an amendment of the PUD to permit the kennel use. The proposed amendment is in response to the developer's attempt to develop vacant building sites within the project. While most of the uses from the lOP district are included, some are not addressed, some apply to specific properties, others permit supportive commercial uses, and others are prohibited. Staff believes that it is appropriate to differentiate the Arboretum Business Park from other industrial office parks. Currently, the only place a kennel is permitted in the City is in the Business Fringe Business District which is located on Flying Cloud Drive. The inclusion of a commercial kennel and clinic in this location provides a convenient service for Chanhassen residents. Its location in the vicinity of an industrial area and the site typography should also limit potential negative impacts due to the outdoor kennel and exercise areas. Kennels and clinics are commercial service type uses, which were always contemplated for in this location of the PUD, as can be seen since health clinics are currently a permitted use for the site. This mix of uses in the PUD was to provide a synergy to the development, creating a sense of place and providing a supportive mix of uses. This use in this location could provide a service to users of the industrial park as well as to the larger community. 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 standalone 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.) Superdog Country Club Planning Case 2008-11 May 20, 2008 Page 5 of 16 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 8/13/01) 6. Personal Services (amended 4/14/03) 7. Pet Kennel and/or veterinary clinic (Lot 2, Block 1) GENERAL SITE PLAN/ARCHITECTURE The developer is proposing a one-story, 15-foot tall clinic and animal kennel on 3.08 acres. Building materials consist of reddish brown face brick with faux building stone accents at the entrances and building. --. , --- - ~-~." - - ,-- ARCHITECTURAL COMPLIANCE Size Portion Placement Building entrances are highlighted through the use of two-foot, projected building facades with a stepped parapet one foot above the lowest parapet elevation and a canopy over the entrance doors. Stone accents and light sconces also define the entrance areas. Building articulation is provided through the use of three parapet heights, and projecting entrances, systematic window placement and the use of canopies. Material and Detail The main building material is reddish-brown brick veneer. Cumberland stone is incorporated flanking the entrances and at either end of the kennel building framing the window areas. Height and Roof Design The highest parapet is 15 feet, with three parapet height levels, each one foot higher than the next. The building is one story. Mechanical equipment shall be screened through the placement on the roof, the use of parapet walls and the use oflow-profile equipment. No wooded fences are permitted on the roof. Superdog Country Club Planning Case 2008-11 May 20, 2008 Page 6 of 16 Facade Transparency Fifty percent of the first floor elevation that is viewed by the public includes transparent windows and/or doors. All other areas shall include landscaping material and architectural detailing and articulation. Site Furnishing Community features may include landscaping, lighting and bike racks, benches, and tables. The developer shall provide a bike rack and look at incorporating a gathering space/employee break area on the site including benches and/or tables. Loading Areas, Refuse Area, etc. Trash enclosures are provided on both the east and west side of the building. The screening material shall incorporate the same brick veneer as the main building. The trash doors shall be constructed of wood or metal painted similar to the door and window frames. Landscaping Minimum requirements for landscaping include 1,524 square feet of landscaped area around the parking lot, 6 trees for the parking lot, and bufferyard plantings along 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 1,524 sq. ft. >1,524 sq. ft. Trees/ parking lot 6 overstory trees 3 overstory trees Islands/parking lot 1 islands or peninsulas 1 islands/peninsulas North property line 3 overstory trees 3 overstory trees bufferyard B 7 understory trees 11 understory trees 7 shrubs 18 shrubs South property line 7 overstory trees 2 overs tory trees bufferyard C 18 understory trees 3 understory trees 18 shrubs o shrubs East property line 3 overstory trees o overs tory trees bufferyard B 7 understory trees 12 understory trees 7 shrubs 7 shrubs West property line 3 overstory trees 3 overstory trees bufferyard B 7 understory trees 11 understory trees 7 shrubs 3 shrubs Superdog Country Club Planning Case 2008-11 May 20, 2008 Page 7 of 16 The applicant does not meet minimum requirements for trees in the parking lot area or bufferyard areas. Staff recommends that the applicant increase the number of trees in the parking lot and bufferyards to meet minimum landscape requirements. The applicant is proposing a fence around most of the northern half of the site. It is specified as a 6-foot cedar fence. City ordinance requires that buffer plantings be planted on the outside of a fence, rather than inside of it. The applicant will need to move the fence out of the utility easements on the north and east sides and locate bufferyard plantings along the exterior of the fence. Fence has been proposed along the property lines. ! This fence must be built with removable panels, be above ",'''.'''' ---i the ground to allow drainage, and have an 8' gate where it crosses the utility lines. Lot Frontage and Parking location The building fronts on 82nd Street. No more than 50 percent of parking may be located between the building and the primary street frontage. Parking is distributed around the building with 21 spaces (46%) to the south of the building, seven spaces (15%) east of the building and 18 spaces (39%), 12 of which are shown as proof of parking, to the west of the building. : .., rH'" ,,,'i,,, " i '!,jr! t=El,L-'- "I 1" "J;lL~(;~,~>o It . i'::::J]~f;'~:::;:';-tr 1.'1::;:';::1. ' I ,; ':1-,'" j 11'f' ), 1 ~~..::..- :J:,tJ:fTt- :~~.~:~- \:,t"". [".,..i~~~; . i~~~:~~:,...-:}S! .. ~'} ~~ [ j , , . , . City code (section 20-1124 (1) e. permits the City to allow a reduction in the number of parking spaces actually constructed if the applicant provides a proof of future parking plan showing the location of all the minimum required parking. The City may require the installation of the additional parking spaces whenever the need arises. LIGHTING/SIGNAGE City code requires that the applicant provide site lighting for the parking lot area. A lighting plan shall be provided to the City for review and approval. Site lighting may be provided via 30-foot tall light poles/fixtures. A decorative, shoebox 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. All lighting shall be shielded. Wall-mounted units shall be shielded. The applicant has provided a picture of the proposed lighting. However, the lighting would have to be revised to recess the light bulb to shield it from offsite view. The applicant is proposing wall signage between the window headers and the highest parapet heights. The signage will be similar to signage at the facility in Eden Prairie. A separate sign permit application will be required. The use of individual dimension letters is required. Staff Superdog Country Club Planning Case 2008-11 May 20, 2008 Page 8 of 16 has not reviewed the signage for compliance with City Code. However, the applicant should be aware that logos and symbols may occupy no more than 15 percent of the sign area. TRAILS The master developer (Steiner Development, Inc.) is responsible for planning, engineering, and constructing a trail in the boulevard of 82nd Street. Coordination of this work would be best accomplished contemporaneously with the development of the Superdog Country Club. In addition to the trail in front of Lot 2, Steiner is responsible for continuing this trail westerly to Highway 41 in the boulevard of the Holiday gas station. The trai110cation as shown on the plans for Superdog Country Club is unacceptable. The trail shall be located as far from the roadway as possible to facilitate snow storage and to provide an enjoyable walking environment. The 8-foot trail shown on the plans will be completed by the developer of Arboretum Business Park 3rd Addition. The location of the trail shall be shifted north so that it is near the property line. PARKS This site lies within the park service area of the Chanhassen Nature Preserve, a 112-acre park preserve featuring extensive walking trails, wooded areas and wetlands. Lot 2, Block 1, Arboretum Business Park 3rd Addition is subject to a $6,750 per acre park dedication fee. Based upon the 3.08 acre lot size, this fee totals $20,790. GRADING, DRAINAGE AND EROSION CONTROL The 3.1 acre site is located in Arboretum Business Park 3rd Addition which is east of Highway 41, north of 82nd Street and west of Century Boulevard. Pasture-type vegetation covers most of the site. A unique feature about this site is the change in elevation. There is 35 feet of elevation change from one side of the site to the other. This elevation change occurs in around 300 feet of horizontal distance. Superdog Country Club Planning Case 2008-11 May 20, 2008 Page 9 of16 Grading will take place on the site to prepare the building pad and parking areas. A 10-foot buffer where no grading can take place is required around the sanitary sewer along the west side of the property. Runoff from this site will be treated in a regional pond located in the northeast comer of the intersection of Century Boulevard and 82nd Street. Calculations have been provided which comply with City standards. This development is in the Bluff Creek Watershed District. Storm sewer was provided to this site during the construction ofthe gas station to the west. At the time of development of the gas station, it was determined that the street storm sewer did not have the capacity to carry the runoff to the regional pond. Additional storm sewer was added on the north side of 82nd Street. This storm sewer was sized for the development of this site. An easement is required from the appropriate property owner for any off-site grading. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. Storm Water Management The proposed development is required to maintain existing runoff rates. Storm water calculations should be submitted to ensure the proposed storm water pond is sized adequately for the proposed development. Easements Drainage and utility easements (minimum 20 feet in width) should be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. Erosion Control Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Tvpe of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. A concrete washout area needs to be provided for and maintained on site. Superdog Country Club Planning Case 2008-11 May 20, 2008 Page10of16 Silt fence is not clearly called out on the final grading, drainage & erosion control plan. Silt fence is to be installed down gradient of all exposed soils and around the perimeter of the project. Inlet protection shall be installed on all catch basins at risk of receiving sediment during site grading and building construction. Surface Water Management Fees Because the building is to occur on a lot of record with no proposed subdivision, there are no Surface Water Management Fees associated with the project. Other Agencies The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-BluffCreek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. RETAINING WALLS The proposed retaining walls are as follows: Location Length (approx.) 190 feet North side of proposed kennel building. 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. Due to the height ofthe retaining wall, a fence must be placed on the top for safety. UTILITIES The developer proposes to extend lateral sanitary sewer, watermain, and storm sewer within the development. Sanitary sewer and water has been stubbed to the property by the City of Chaska. The City of Chanhassen and City of Chaska have a joint sewer and water agreement for servicing this area which was signed in 1992. In 1997, a water storage tank was constructed by the City of Chanhassen just north of this site. Since water is now available from the City of Chanhassen, the developer shall connect to the City ofChanhassen water supply. Sewer is not available from the City of Chanhassen and will be provided by the City of Chaska. Approval for the sewer connection and the sewer extension permit must be filed through the City of Chaska. Sanitary sewer for this development will extend from the existing stub provided off of 82nd Street. The sanitary sewer along the west property line, storm sewer along the east property line, and storm sewer along the south property line shall be publicly owned and maintained. All other utilities within the property boundary will be privately owned and maintained. Superdog Country Club Planning Case 2008-11 May 20, 2008 Page 11 of 16 Details must be provided for all proposed storm, sanitary, and watermain crossings. Actual elevations of existing utilities shall be verified for accuracy. Each new building is subject to sanitary sewer and water hookup charges. The 2008 trunk hookup charge is $4,799 for watermain. Sanitary sewer hookup fees are unknown at this time, but will be paid to the City of Chaska. 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$15,400.00 to guarantee the installation of the storm sewer, 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 Currently there is a 15-foot drainage and utility easement along the south property line, 20-foot drainage and utility easement along the west and east property lines, and a 5-foot drainage and utility easement along the north property line. The easements along the south and east side of the site that have been provided are not sufficient. The southern easement line shall be revised to be 10 feet north of the existing storm line. The easement on the east side of the site should be shifted west 5 feet due to the depth of the storm sewer. Also, an easement is needed 10 feet southwest of the storm sewer in the northeast comer of the site. Revisions to the easement will require the old easements to be vacated and new easements to be dedicated. SITE ACCESS Access to the site is provided off of 82nd Street. Two access points are proposed. One access point will align with Peavey Road. The other access point will be located halfway between the Holiday Stationstore access and Peavey Road. Driveway slopes are too steep on the Peavey Road access for fire trucks. These grades must be revised. COMPLIANCE TABLE PUD Superdog Building Height 3 stories 1 story, 15 feet Building Setback N - 0' E - 0' W - 0' S - 30' N -71.5' E -75.4' W -152.8' S -76.3' Parking stalls Animal Hospital 1/150 sq ft 29 stalls Superdog Country Club Planning Case 2008-11 May 20, 2008 Page 12 of 16 Office 5/1,000 sq ft Warehouse 1/1,000 sq ft up to 10,000 sq ft, then 1/2,000 sq ft 4 stalls 13 stalls Required stalls Proposed stalls 46 stalls 46 stalls Parking Setback N - 0' E - 0' W - 0' S - 20' N - 218' E - 20' W - 78' S - 20' Hard surface Coverage 70%# 37.1% Lot Area 1 acre 3.08 acres Project Building Lot Area Impervious Impervious Notes Area (acres) Area Coverage (square (acres) % feet) Heartland (SPR #97- 132,800 10.14 7.4 73 6) and Planning Case 07 -05 Arboretum Business 113,600 9.2 6.4 70 Park Bldg II (SPR#98-4) Arboretum Citco 5,737 1.88 1.1 58 (SPR#99-1 ) Steiner Bldg. 3 59,990 4.53 2.8 61 (SPR#99-13 Parker Hannafin 64,000 5.4 4.0 75 32,000 sq. ft. future (SPR#O 1-06) expansion included in building area and site coverage Arboretum Auto 7,800 1.5 0.97 65 Services Center (SPR#01-08) US Bank (SPR#02- 3,066 1.07 0.72 67 04) Kinder Care Learning 10,434 1.81 0.81 45 Center (SPR#02-05) Century Blvd. Court 10,366 1.14 0.59 52 (SPR#03-01) Vengra Design 20,000 1.8 1.2 68 (SPR#03-04) Holiday Inn Express 53,000 3.13 1.7 54 (SPR#03-08) Superdog Country Club Planning Case 2008-11 May 20, 2008 Page 13 of 16 Project Building Lot Area Impervious Impervious Notes Area (acres) Area Coverage (square (acres) % feet) Lifetime Fitness 309,000 22.18 15.5 70 3rd of three buildings (Planning Case 04- under construction 22) Arboretum Business 25,300 2.69 1.8 68 Not constructed Center (Planning Case 06-16) Lot 1, Block 1 51,800 4.96 3.18 64 Mamac Systems Lot 2, Block 1, 7th 68,500 est. 5.23 3.7 70 Undeveloped PUD Lot 2, Block 1 21,000 3.08 1.14 37.1 Superdog Country Planning Case 08-11 Club PUD Lot 1, Block 3 8,800 est. 2.02 1.4 70 Undeveloped TOTAL 965,193 81.76 54.41 66.5 MISCELLANEOUS The buildings are required to have automatic fire extinguishing systems. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. A minimum of two handicap accessible parking spaces are required; one of the two must be "van-accessible". Detailed occupancy related requirements will be addressed when complete building plans are submitted. (NOTE: The egress court must be a minimum of 10 feet wide or fire-resistive construction will be required.) The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Encroachment agreements will be needed for the fence and the parking lot in the drainage and utility easements. Upon project completion, the applicant shall submit a set of "as-built" plans signed by a professional civil engineer. The proposed site plan, subject to the modifications contained in the staff report, appears to meet or exceed the development design standards for Arboretum Business Park. RECOMMENDA TION Staff and the Planning Commission recommends that the Planning Commission City Council adopt the following motions and adoption of the attached findings of fact and recommendation: Superdog Country Club Planning Case 2008-11 May 20, 2008 Page 14 of 16 A. "The Chanhassen Planning Commission recommends that City Council approves the amendment to the Planned Unit Development design standards for Arboretum Business Park, amending section b. Permitted Uses, subsection Commercial Uses, to permit pet kennels and/or veterinary clinics on Lot 2, Block I." And, B. "The Chanhassen Planning Commission recommends that City Council approves the Site Plan for Planning Case #08-11, for a 21,020 square-foot, one-story kennel and veterinary clinic, plans prepared by Adsit Architects and Planning and James R. Hill, Inc., dated April 18, 2008, subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The developer shall provide a bike rack and look at incorporating a gathering space/employee break area on the site including benches and/or tables. 3. A lighting plan shall be provided to the City for review and approval. 4. The buildings are required to have automatic fire extinguishing systems. 5. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 6. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. 7. A minimum of two handicap accessible parking spaces are required; one of the two must be "van-accessible" . 8. Lot 2, Block 1, Arboretum Business Park 3rd Addition is subject to a park dedication fee of $20,790. The fee is due and payable at the time of building permit issuance. 9. Increase plantings for parking lot trees and buffer yard areas in order to meet ordinance requirements. 10. The proposed fence shall be located outside of any drainage and utility easements and any required bufferyard plantings shall be located on the exterior of the fence. 11. The applicant shall include more than one species of overstory tree to meet the landscaping requirements. 12. A lO-foot buffer where no grading can take place is required around the sanitary sewer on the west side of the property. Superdog Country Club Planning Case 2008-11 May 20, 2008 Page 15 of 16 13.Keep a minimum of 2 percent slope in the grass areas, 1 percent in the pavement areas, and .5 percent along the curb lines. 14.If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 15.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. A fence must be placed at the top of the wall for safety. 16.Sewer and water shall be connected to the existing sanitary sewer and water stubs provided by the City of Chaska. Storm sewer shall be connected to the City of Chanhassen storm line. Stormwater fees will be collected by the City of Chanhassen, whereas sanitary sewer and water fees shall be paid to the City of Chaska. Approval is needed from the City of Chaska for the sanitary sewer and water connections. 17.The sanitary sewer along the west property line, storm sewer along the east property line, and storm sewer along the south property line shall be publicly owned and maintained. All other utilities within the property boundary will be privately owned and maintained. 18.Details must be provided for all proposed storm sewer, sanitary sewer, and watermain crossings. Actual elevations of existing utilities shall be verified for accuracy. A minimum vertical separation of 18 inches is required at all storm, sanitary, and watermain crossings. Contact Gordy Stauff at 952-227-1166 with the City of Chanhassen Engineering Department 48 hours prior to connecting to the storm and sanitary sewer. 19.Each new lot is subject to the sanitary sewer and water hookup charges. Sanitary sewer and watermain hookup fees are unknown at this time, but will be paid to the City of Chaska. 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. 20.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 $15,400.00 to guarantee the installation of the storm sewer, 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. 21.Easements will need to be adjusted. The southern easement line shall be revised to be 10 feet north of the existing storm line. The easement on the east side of the site should be shifted west 5 feet due to the depth of the storm sewer. Also, an easement is needed 10 feet southwest of the storm sewer in the northeast corner of the site. Revisions to the easement will require the old easements to be vacated and new easements to be dedicated. Superdog Country Club Planning Case 2008-11 May 20, 2008 Page 16 of 16 22.Revise the Peavey Road access grades to allow access to fire trucks. 23.Change the note on the plan which states the City will be building the trail to “the trail will be constructed by others”. Shift the location of the trail north so that it is near the property line. Cooperation between Superdog and the developer of the property is needed to properly locate and construct the trail. 24.The fence within the drainage and utility easements must be built with removable panels, be above the ground to allow drainage, and have an 8-foot gate where it crosses the utility lines. 25.Encroachment agreements will be needed for the fence and the parking lot in the drainage and utility easements. 26.Upon completion of the public street, the applicant shall submit a set of “as-built” plans signed by a professional engineer. 27.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 28.Silt fence shall be installed down gradient of all exposed soils. 29.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Army Corps of Engineers, MPCA) and comply with their conditions of approval.” ATTACHMENTS 1.Findings of Fact and Recommendation. 2.Development review Application. 3.Letter from Karen Jackson to Robert Generous dated May 14, 2008. 4.Reduced Copy Building Elevations. 5.Reduced Copy Grading, Drainage and Erosion Control Plan. 6.Reduced Copy Utility Plan. 7.Reduced Copy Paving and Dimensioning Plan. 8.Reduced Copy Landscape Plan. 9.Reduced Copy Floor Plan. 10.Arboretum Business Park Development Design Standards. 11.Letter from Victoria A. Raines, Embarq, to Robert Generous dated April 23, 2008. 12.Public Hearing Notice and Mailing List. g:\plan\2008 planning cases\08-11 superdog country club\staff report.docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Karen Jackson and Chaska Gateway Partners for a Planned Unit Development amendment to permit a kennel and veterinary clinic and Site Plan Approval for a 21,000 square- foot one-story veterinary clinic and kennel. On May 20, 2008, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Karen Jackson and Chaska Gateway Partners for a Planned Unit Development amendment to permit a kennel and veterinary clinic and for a site plan review for the property located at 2910 82nd Street. The Planning Commission conducted a public hearing on the proposed PUD amendment and site plan which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development (PUD). 2. The property is guided by the Land Use Plan for Office/Industrial. 3. The legal description of the property is: Lot 2, Block 1, Arboretum Business Park 3rd Addition. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b. The proposed use is or will be compatible with the present and future land uses of the area. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. 1 e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f. Traffic generation by the proposed use is within capabilities of streets serving the property. 5. Site Plan Review findings: a. The proposed development is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b. The proposed development is consistent with the site plan review requirements of the Chanhassen City Code; c. The proposed development preserves the site in its natural state to the extent practicable by minimizing soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; d. The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; e. The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: 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; and 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. The proposed development protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 2 6. The planning report #08-11 dated May 20, 2008, prepared by Robert Generous, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the Planned Unit Development amendment to permit a kennel and veterinary clinic and Site Plan Approval for a 21,000 square-foot one-story veterinary clinic and kennel. ADOPTED by the Chanhassen Planning Commission this 20th day of May, 2008. CHANHASSEN PLANNING COMMISSION BY: It's Chairman 3 CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 Planning Case No. O?S -I \ PC L'o.. -\<:. S - 2O-Q?1 cC 1)c.--tC fp-9 - Q g DEVELOPMENT REVIEW APPLICATION PLEASE PRINT App.licant Name and Address: /(;1 r 2'/} MIl2 J7 c/{'S'ct7 /0/04 .1;;c;4/o /lrt /.r€ Edell I} tvrie , I'-l/J ",S347 Contact: Phone: 6/'2. 2.37 7c).24 Fax: Email: 1fr/0.!/7:52eclol.C0/11 Owner Name and Address: ~~~~:;d~~~!~~~d 1;~1ul:~'I ~/'f!;rY10 J't,/o Q:u/jf;lY./c, :fD, _ ~V2r:lfq MN :5:r;;9'1 Contact: v0e cJ.M/iA Phone: 9SZ 47,,,-/22. Fax: 552 47.; 70-:513 Email: /~irJltIJ~.:fkl/P..~t/ef1/;v;mf~.(."-<./I1 J NOTE: Consultation with City staff is reauired prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) Vacation of Right-of-Way/Easements (VAC) Interim Use Permit (IUP) Variance (VAR) Non-conforming Use Permit vi'" Planned Unit Development* IS (:) Wetland Alteration Permit (WAP) Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Subdivision* X Notification Sign .(gQQ) (City to install and remove) X ~ for ~ees/Attorney Cost** ~UP@!:!3DJAS;NARlWAP/~etes ~ BO}lnds " -$450MinorSUBf~ ~t/J9~~~'" TOTAL FEE$ f't~lft' + tA"',]S;6:: \;loO~ Sign Plan Review ,/ / G 0 ~ < "I' ( ',. , [7" ')/""" \/ Site Plan Review (SPR)* 'S'D". f ' lCO An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. Cr::.*-' lq s 3 elL H ,c, :2. 9 ..,. eke.< o;\...... bt.kl.lJI-I:-l 'f:.:C\ r i'.'>. ...\n d;: ,>~'\ \J,,-Y\~""::' *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a diaital COpy in TIFF-Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECTNAME ~ c ~ c%/ LOCATION: ~ ~() ~ f!~ r; Zz &CfIO ~nd ~ee+ LEGAL DESCRIPTION AND PID: ~/.21 JU i, /ldueltI//Jl5rlf$e:11 /ld" /~c/ MI;f~ I? 25. () 7~oo2D TOTAL ACREAGE: WETLANDS PRESENT: YES V' NO FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further und~stand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any a~~orization to proceed with the study. The documents and information I have submitted are true and correct to the best of m/ knowledge. I&: re of Applicant Lf)IS-~ Date }{'1~.u .z.~ .24008 Date G:\plan\forms\Development Review Application.DOC Rev. 1/08 SCANNED Karen Jackson 10104 Indigo Drive Eden Prairie, MN 55347 May 14, 2008 Mr. Robert Generous, AlCP Senior Planner City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 RE: Super Dog Country Club 82nd Street, Chanhassen, MN Dear Mr. Generous & Conunittee: The Super Dog Country Club we propose to build on 82M Street in Chanhassen will provide a very much needed service for the city of Chanhassen. Statistics show that over seventy-five percent ofChanhassen residents own pets - most of which are dogs and cats. There is definitely a great need for our facility. The location we selected is ideal. It's a commercial location that is a substantial distance from any residential areas. I understand there is a question regarding barking or a noise level. Our present facility, The Hound Dog Pet Hotel on Valley View Road in Eden Prairie, is directly next to a child daycare facility. Also, it is surrounded by commercial buildings, including Rainbow Foods, etc. We have never had one complaint in five years! I might suggest that in a conunercial area just one diesel truck or tractor trailer makes much more noise and emits more noxious particles into the air than our entire kennel. Our canine friends are secured behind our double panel fences, 4-6 dogs in small groups, always supervised when outdoors. Our inner fenced area and outer grounds are kept immaculate. Any boisterous dog is immediately retired to the inner building. I would hope your neighbors at home would be so kind. In closing, I believe our Super Dog Country Club 'Will be;an excellent, low key, high demand facility - also one that will be an excellent neighbor in oUr commercial area. ,.......- .......... ........."'" f ..... l CD 60UTH ELEVATION CLINICIlCefEl. .. ...,... 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'6,111 8F Cl-INJC .,2.u> eF ~ 0" EMPLOTEE& eLllLDlNCi 1o\E1Gi.fl' ~'Il &T01"n' eLllLDINCI OCD.JPANClE.& CLINIC "',..., eI' ~~ ..~eF Cf'f'ICE~ 111 eF ~XlMA TC occ. LOAD Cl.1NJC 42 ~L 3-& TOTAL. N CITY OF CHANHASSEN RECEIVED ~ a' oa:-.e l~ elJlL.DN::".6 TO ee EGl.lIPf'ED ~ OJT uHi-I AJJia1.A.TIC ~JQ eT&T'EM APR 1 B Z008 CHANHASSEN PLANNING DEPT ~ ~ ~ [!:! ffi '1':!'3" ffi' ~ ~ ~ ~ ~ ~ C!':J .a;.. m ~ ~ ~ 1--1 ~ ~ ~ kJ =...-... - Ad&lt Archlt.sct.lrs ~mrng ~;i=- ----- -.. ==:irE- =.........",--- - -- SUJ'ER DOO COUNTY CLUB CHANHASSEN, MN ffi I ffi .. I CLNC I II I ~~I ;;;:a; &ITE PLAN ~1&&lo-l R.bol< /"\.AN .... - =:JI I AI 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 12/10/01) Warehousing - Means the commercial storage of merchandise and pertonal property. (Lots 3, 4, and 5, Block 1; and Lots 1, 2, 3, and 5 , Block 4) /J D "::>(' -\.1 S{'~<<N-<?J(' ~J 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.) 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 8/13/01) 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 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 2nd 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 8/13/01) . 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: 3 Street Frontage Highways 5 & 41 Coulter & Century Boulevards 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. Anyone 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 LOTIUSE ACRES Building Size/F AR PARKING (square feet) Right-of-way 14.72 N/A N/A TH 41 Idedication 2.38 82nd Street Dedication 1.80 Interior Roadway 10.54 Park land/Open space 48.36 N/A (Outlot A&B) Upland 16.6 30 Wetland 28.7 Ponds 3.01 Industrial (30% office) 74.07 .30 FAR (blended) 2/1000 sJ. Lot 3, Block 1 10.02 131,006 262 Lot 4, Block 1 5A5 71,218 142 Lot 5, Block 1 4Al 57,688 115 Lot 1, Block 4 4.38 57,199 114 Lot 2, Block 4 5AO 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 2.64 35,500 68 Commercial 14.59 .15 FAR I .30 FAR Office Lot 1, Block 1 1.80 11,746/23,520 (5/1000) 59 Lot 2, Blockl 2.32 15,180/30,320 (4/1000) 61 Lot 4, Block 4 4.06 26,536/53,060 (5/1000) 133 Office/Hotel 4 LOTIUSE ACRES Building SizelF AR PARKING (square feet) Lot 1, Block 3 6.41 (.lOFAR) 27937 / (16/1000) 447 Restaurant/Office 83,770 Gateway Business Park 151.75 1,150,579/ 3,212 Total 1,259,850 TOTAL 154.39 1,186,079/ 3,310 1,295,350 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 Commercial 31% 368,000/(432,000) 31% 368,000/(432,000) 31% 368,000/(432,000) 7% 81,000/(0) 100% 1,186,000/(1,295,000) Office Light Industrial Warehouse Total *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 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. 5 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 HV AC 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. f. Site Landscaping and Screening 1. Landscaping along Highways 41 and 5 shall comply with Buffer yard standard C. Coulter Boulevard, Century Boulevard, and West 82nd 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. 6 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 andJor 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 1. 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 82nd 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. 7. 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 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. 7 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. 3. 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. 8 \0 LOT 1 . INDUSTRIAL OFFICE' LOTS 1 & 4 0'i'Ei:'"" RESTAURANT -. DAY CARE K OFFICES CUNICS HEALTH CLUB LOTS = 88.65 PARK = 48.36 ROW = 14.72 TOTAL = 151.73 ACRES LEGEND .-'- il Entry Monuments CiO& Street Tree. Elevated Sign.! . Ponds . Ground Signs ~ Wed.nds * Street Lights - - Ped/Bike TJ'3ils pun PLAN ARBORETUM BUSINESS PA CHANHASSEN, MN I~ ~~ ~ NOllTR 0-:-----;- - 300' 60cY Z1 MAY 1,.1 FIGURE 4 --------- L.Q!..1 , INDUSTRIAL OFFICE' BANK OFFICES CLINICS HEALTH CLUB LOTS = 88.65 PARK = 48.36 ROW = 14.72 TOTAL = 151.73 ACRES LEGEND iii Entry Monuments .0$ Street Trees - Elevated Signs II!J Ponds @ Ground Signs l.~4, Wetlands c,:'!J .cr' * Street Lights - - Ped/Bike Trails CHANHASSEN, MN ~AHLGREN ~ SIlARDUlW A>lI>UIlAN ,._~_.,._r. F.-jO:::::F::!2r NORTH ~ - 300' 600' 27 MAY 1997 FIGURE 4 Voice I Data I Internet I Wireless I Entertainment EMBARQTN Embarq Corporation 343 East 82nd Street Chaska, MN 55318 EMBARQ.com April 23, 2008 RECEIVED APR 2 5 2008 CITY OF CHANHASSEN Mr. Robert Generous Senior Planner City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Dear Mr. Generous: Planning Case: 08-11 PID: 25-0760020 Embarq Telephone will be able to provide service to the new 21,000 square-foot one story veterinary clinic and kennel on property located at 2910 82nd Street (Lot2, Block 1, Arboretum Business park 3rd Addition). There are no conflicts. If you have any questions regarding this application or more information is needed by Embarq, please contact me at 952-448-8301. \ ~. ~relY, -- _ l\ ~ C~ o'~ Victoria A. Raines Network Engineer Embarq Corporation 343 E. 82nd Street Chaska, MN 55318 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 8,2008, 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 Superdog Country Club - Planning Case 08-11 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 _mc'"j , 2008. ~l~ T~u~ 1 '"' Notary Publi I \ KIM T. MEUWISSEN I ~.... Notary Public-Minnesota . < .'u.. My Commission Expires Jan 31, 2010 """"'^"'''^".~ Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 20, 2008 at 7:00 p.m. This hearing may not start until later in the evenina, decendina on the order of the aaenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Planned Unit Development (PUD) Amendment to Proposal: permit a kennel, and Site Plan Approval for a 21,000 square-foot one-story veterinary clinic and kennel - SUPERDOG COUNTRY CLUB Applicant: Karen Jackson/Chaska Gatewav Partners, LLP Property 2910 82no Street (Lot 2, Block 1, Arboretum Business Park 3ro Location: Addition) A location maD 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/08-11.html. If you wish to talk to someone about this project, please contact Robert Questions & Generous by em ail at bqenerous@cLchanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: . Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a publiC hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. . Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The 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 somethino to be included in the report. please contact the Plannino Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 20, 2008 at 7:00 p.m. This hearing may not start until later in the evenina, decendina on the order of the aaenda. Location: Citv Hall Council Chambers, 7700 Market Blvd. Request for a Planned Unit Development (PUD) Amendment to Proposal: permit a kennel, and Site Plan Approval for a 21,000 square-foot one-story veterinary clinic and kennel - SUPERDOG COUNTRY CLUB Applicant: Karen Jackson/Chaska Gatewav Partners, LLP Property 2910 82no Street (Lot 2, Block 1, Arboretum Business Park 3ru Location: Addition) A location maD 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: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the 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/08-11.html. If you wish to talk to someone about this project, please contact Robert Questions & Generous by em ail at bqenerous@cLchanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: . Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a publiC hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. . Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The 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 nei9hborhood 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 somethino to be included in the report, please contact the Plannino Staff person named on the notification. I ' '-. ':'. '''''~'iiV.'''. t ,\ ~~ ...,. J..,o.- -_ .". ;!l: ~ ,...... '*" '.~ : ~ i!;:J>o""""."-l . \ ~~I; ~i.'-'!'.f Ul ~. .... ~!,(. "'., 1Iiiill-~ ,~ I;">" . ,t '._' l~;J : l t S If ,t~\ i rl ~; I ,~~~: ." . ~ ,- I:: .": : =;~ '1~~J...ar r' A \ !__ .i,.- ~~J!"',.,. ~ ~pyr~kt @2())3.#Carver CaJ/'lty, ~i"re9Jta If, "t.iaaliWi."""" .. DisclaTme;:--~- 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 9466.03, 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. -- HOLIDAY STATION STORES INC-371 ATTN: TAX DEPT 4567 AMERICAN BLVD W BLOOMINGTON. MN 55437 -1123 TRUSTEE GROUP REALTY PTR VII C/O STEINER DEVELOPMENT 3610 HIGHWAY 101 S WAYZATA. MN 55391 -3424 J & J REAL ESTATE PROPERTIES C/O A-Z RENTALS 6641 MINNEWASHTA PKWY EXCELSIOR. MN 55331 -9657 PEAVEY PROPERTIES LLC 4300 PEAVEY RD CHASKA. MN 55318 -2351 WATERTOWER PARTNERS LLC PO BOX 532 VICTORIA. MN 55386 -0532 PRAIRIE OAKS LLC 17595 KENWOOD TRL #260 LAKEVILLE. MN 55044 -7253 REGENTS OF UNIV OF MINNESOTA C/O REAL ESTATE OFFICE 31915TH AVE SE 424 DON HOWE BLDG MINNEAPOLIS. MN 55455 -0118 COEUR TERRA LLP C/O SUMMERHILL COMMERCIAL R E 1458 WHITE OAK DR #106 CHASKA . MN 55318 -2525 MICHAEL 0 & JANE E SCHLANGEN 1941 MELODY HILL CIR EXCELSIOR. MN 55331 -8805 CHASKA GATEWAY PARTNERS 3610 COUNTY ROAD 101 WAYZATA. MN 55391 -3424 CHASKA BUSINESS CENTER LP C/O SENTINEL REAL ESTATE CORP 1251 AVENUE OF THE AMERICAS STE 35A NEW YORK. NY 10020 -1180 GENE G & SUSAN L O'BRIEN 6628 ASTER TRL EXCELSIOR. MN 55331 -8845 S&P PROPERTIES LLC C/O STEVEN 0 ROBINS 4311 PEAVEY RD CHASKA. MN 55318 -2351 FOURTH AMENDMENT TO ARBORETUM BUSINESS PARK DEVELOPMENTCONTRACT~UDAGREEMENT AGREEMENT dated June 9, 2008, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and CHASKA GA TEW A Y PARTNERS LIMITED PARTNERSHIP, a Minnesota limited partnership (the "Developer"). 1. BACKGROUND. The parties have previously entered into a Development Contract/PUD agreement for Arboretum Business Park dated August 25, 1997 (the "Development Contract"). The Development Contract was recorded on September 12, 1997 as Carver County Abstract Document No. 215748 and on September 12, 1997 as Carver County Torrens Document No. T98262. The Development Contract was amended by Addendum "A" dated September 22, 1997 ("Addendum A"). Addendum A was recorded on February 16, 1998 as Carver County Abstract Document No. 222435 and Torrens Document No. TlO0332. The Development Contract was amended by Addendum "B" dated May 11, 1998 ("Addendum B"). Addendum B was recorded on July 8, 1998 as Carver County Abstract Document No. 230785 and Torrens Document No. T102658. The parties also entered into a Development Contract! PUD Agreement for Arboretum Business Park 4th Addition dated June 24, 2002, and recorded July 22, 2002, as Carve County Registrar of Titles Doc. No. T128490 ("4th Addition Development Contract"). Exhibit C to the Development Contract and the 4th Addition Development Contract contain certain Development Design Standards applicable to the -1- Arboretum Business Park PUD ("Design Standards"). The Developer and City previously amended the Design Standards by a First amendment dated August 20, 2001 and recorded December 4,2001 as Carver County Registrar of Titles Doc. No, T123316 and Carver County Recorder Doc. No. A301836 to incorporate churches as interim uses and to permit an auto service center and a Second Amendment dated December 10, 2001 and recorded September 13, 2003, as Carver County Abstract Doc. No. A366168 and Torrens Doc. No. T140561 changing permitted and prohibited uses, and amended the Design Standards by a Third Amendment, dated April 14, 2003 and recorded December 3, 2003, as Carver County Abstract Doc. No. A374407 and Torrens Doc. No. T142928 to permit Personal Services. The Developer and the City now further amend the Design Standards as specified below. 2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract, the First, Second and Third Amendments to the Development Contract! PUD Agreement, Addendums A and B, and the 4th Addition Development Contract shall remain in full force and effect with the modifications listed in the amendment below. 3. AMENDMENT. In addition to the terms and conditions outlined in the Development Contract, the First, Second and Third Amendments to the Development Contract/PUD Agreement, Addendums A and B, and the 4th Addition Development Contract the following commercial use is added to commercial uses under the heading "Commercial Uses", in section b. of the Design Standards: 7. Pet Kennels and/or veterinary clinics (Lot 1, Block 1). IN WITNESS WHEREOF this "Fourth Amendment" was executed by the parties effective the day and year first above written. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor (SEAL) AND Todd Gerhardt, City Manager -2- DEVELOPER: CHASKA GATEWAY PARTNERS LIMITED PARTNERSHIP BY: STEINER DEVELOPMENT, INe. Its General Partner By Its STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of 2008, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATEOFMINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2008, ~ ,~ ~ Steiner Development, Inc., a Minnesota corporation and the general partner of Chaska Gateway Partners Limited Partnership, a Minnesota limited partnership on behalf of the limited partnership. Drafted by: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 -3- MORTGAGE HOLDER CONSENT TO ARBORETUM BUSINESS PARK DEVELOPMENT CONTRACTIPUD AGREEMENT , which holds a mortgage on all or part of the subject property, the development of which is governed by the foregoing Arboretum Business Park Development Contract/PUD Agreement, agrees that the Development Contract/PUD Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of ,2008. By Its STATEOFMINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this , 2008, by day of , its NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 g:\eng\dc\a-e\arboretum 4th amendment.doc -4-