Loading...
CC Minutes 6-9-08City Council Meeting - June 9, 2008 know most of you were up there a week or so ago and it was just a fabulous day and there we were under those trees and who had the Great Dane, and Councilwoman Tjornhom of course had about 3 ounces of her dog there so. But as an old dog lover who always wanted to be able to walk my dog in a park and let him run free, this is going to be a really, really neat thing. I have not been back up there with my old, 11 year old dog but I will. But it does really speak about what a great cooperation, and as I said that Saturday, lately it seems like every time I turn around I’m either at ground breaking or cooperating with all our friends at the city of Chanhassen. Whether it’s a license center for the county or this or vets memorials and everything else and so, a lot of good, fun things going on and so I’m here to thank you and provide you with a plaque which says, presented to the City of Chanhassen in recognition of the collaborative pursuit and financial contributions towards the creation of the off leash dog area at Lake Minnewashta Regional Park. So thank you very much. Todd Gerhardt: Mayor, it’s kind of like dog day here. We’ve got our first dog park and Dave Hansen’s here. He was a resident of Chanhassen. Opening up Superdog Country Club so it was a perfect time to get this dedication. Mayor Furlong: No, I agree and as, just to repeat a couple things that I said a couple Saturdays ago, or week ago Saturday. What I really enjoyed about that event and why I thought it was important to let more people aware. First of all it’s a great amenity that we have here now and Minnewashta Regional Park is a great facility that we enjoy having here in Chanhassen and this is just one more reason that people should get out there and enjoy that venue. But this was also something that I know our park commission and council had always been looking at you know how can we provide more types of recreational activities. A dog park, off leash dog park was brought up time and again. We really just didn’t have a place or a facility for it. As I found out on Saturday, the City of Shorewood was in the exact same position. It was something that they wanted but didn’t have the space and here Carver County had the space but didn’t have some of the resources to get it done now from a timing standpoint so by the three of us working together, we were able to get something done that individually none of the three of us could have done so I mean I think it’s just, not only is it a great amenity. Great results but it’s just you know it’s putting words into action I think is Marty as you said at one point you know, and it’s good to see so. Thank you very much gentlemen for coming this evening and appreciate all your work. Anyone else for visitor presentations this evening? If not then let’s move on to our regular items of business. ND SUPERDOG COUNTRY CLUB, 2910 WEST 82 STREET, APPLICANT: KAREN JACKSON/CHASKA GATEWAY PARTNERS, LLP: REQUEST FOR A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO PERMIT A VETERINARY CLINIC/KENNEL; AND SITE PLAN APPROVAL FOR A 21,000 SQUARE FOOT ONE- STORY VETERINARY CLINIC AND KENNEL ON LOT 2, BLOCK 1, ARBORETUM RD BUSINESS PARK 3 ADDITION. Kate Aanenson: Thank you Mayor, members of the council. Again there’s two actions that we’re looking for tonight. The first action would be an amendment to the PUD which would allow the proposed use. And the second one is to approve the site plan for the use. So with that, th this application did go to the Planning Commission on May 20 to review it. The Planning Commission vote 5 for in favor of the PUD amendment and the site plan but the Planning Commission did have some concerns regarding the use itself and wanted to make sure that the 4 City Council Meeting - June 9, 2008 noise and that it was a good neighbor and there was some issues regarding the other facility. Some of the complaints we had on the other so I’ll explain kind of how we believe this works and the additional work that we did on the application itself. So with that, the project itself is nd located right off of 82 Street and Highway 41. When we put the PUD in the background, we included the history of this. This PUD actually goes back, and that would be the Arboretum Business Park, back to 1987. When we put the PUD together it was intended to be an industrial park with some support commercial, so certain sites were identified for commercial use. For example the gas station. And then also we had next to the Holiday Inn, we provided for a restaurant site so we believed, integral to some of the business, there might be some ancillary uses that made sense so attached in the back of the staff report is the PUD itself. But within that PUD there’s a specific list, kind of a short list of what seemed to be appropriates uses. So in that a kennel was never contemplated. We originally approached to put it on, right on Highway 41. nd Staff didn’t feel like that was as good a site but we did feel that the site as proposed on 82 Street makes some sense based on the topography. There’s a change in grade of 30 feet. If you look at the site itself, it is actually a 30 feet, over 30 feet change in grade between the water tower. Dropping down so it’s kind of built into the hill and stuff. You have the gas station on the one side so there’s a bit of a buffer there and how the operation itself is being run seems to lend itself to a better location than directly onto 41. Again the first step is actually the amendment itself. As I just mentioned we would change the commercial zoning district itself to allow this specific use and that’s the beauty of the PUD. It doesn’t open it up city wide. There may be appropriate locations that this type of use would fit so this is appropriate, or parochial just to this site. So this PUD, or this amendment would only happen on this site and I, for the reasons stated so it would allow for the kennel. Also provide for the veterinary clinic and then there’d be some outdoor activities with that too so we’ve indicated on there that we would change the zoning to allow pet kennel and/or veterinary clinic on that specific lot. So then the second component would be the architecture itself. There’s two access points in the parking and the landscaping. We believe the site layout, they’ll meet all the conditions of the staff report. Made some sense. There’s some proof of parking. If they need to put some parking in later, they can make that work but it’s a well conceived. The issue that the Planning Commission brought up regarding outdoor. These dogs, as was indicated to us, when they’re outdoors they’ll be managed by somebody outside. The problem we had before was often let, the larger piece of property kind of let to run so if there’s a problem they will be brought in there so somebody with the pet at all times so it shouldn’t be the same situation. I do have the material samples on here. I’m not going to pass those around but I’ll show the colors here on the slides itself. Again you can see the grading. The change in grade. Kind of building into the hill should help with some of that noise attenuation. Again the screening, that was some of the concern. We did talk, some of the adjoining properties did call. We did review with them how we were addressing their concerns so I think those are in that. Site elevation itself. Again it’s brick with kind of larger block. Canvas on the windows. Very highly articulated building. So we’ve got all the, meets all the requirements including the fenestration which is the window requirements so we again believe it’s a well conceived building. Indoors, there’s a lot of activity. Or for the dogs themselves, besides activity rooms and then the kennels themselves and the veterinary clinic. There is some discussion regarding the landscaping requirements and the like. I’m not going to go through those. They have agreed to meet all the conditions. There is a park fee extraction. This lot was already created so there isn’t the same normal extractions for some of those that are required except for the park fee. At that time when that plat was done we took some of those fees later as today we would take them all the time of the plat. So with that, as stated, I think that’s… So with that we are recommending approval as stated on the motions with the 5 City Council Meeting - June 9, 2008 conditions approve of two motions. One to amend the PUD and then the second to approve the site plan and I’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Any questions for staff? No? Very good. Is applicant here? Would you like to come and address the council on any matters? Karen Jackson: Good evening. My name is Karen Jackson and this is Dave Hansen. Mayor Furlong: Good evening. Dave Hansen: Good evening ladies and gentlemen. Karen Jackson: We’re here to answer any of your questions. Mayor Furlong: Questions for the applicant. This seems fairly straight forward. Have you had, some of the issues that were raised at the Planning Commission and stuff like that. Have you had any experience or similar issues at your Eden Prairie location? Dave Hansen: Yes. They’re very remedial though. In fact I invited everyone from the Planning Commission before we even started our procedures here and to pass it onto City Council, please visit our Hound Dog Pet Hotel in Eden Prairie if you have any questions. It’s been a very, very phenomenal success. We have not had one single complaint in 5 years of operation, and I would nd say it’s a much busier location than the one right out here on 82 Street as far as density. You know Home Depot’s right across the street. We’ve got the grocery store and Rainbow and everything right behind us and it’s worked out very, very well. Ms. Jackson is a super manager and not only will these animals be taken very, very well cared of but someone’s with them all the time. And we’ve had minimal problems, if any, with animals barking. Some dogs do like to bark but we put those back inside you know and use an interior workout area for those and it’s worked out very, very well. It’s going to be a very beautiful building and we actually get going on it pretty quickly. I think Karen’s had over 30 calls already. I don’t know this leaks out but we have people calling as far as Carver, out west Carver County. When’s that going up you know so. Councilman Litsey: They’re lining up huh? Dave Hansen: Yeah. Mayor Furlong: Great. Any other questions or thoughts? Councilman McDonald. Councilman McDonald: I have a question. What are the noise complaints because you’re in an industrial area right? Dave Hansen: I don’t know if it’s just a commercial area down there, which is very similar to nd the area of this here on 82 Street. And I don’t think there’s any residents or any type of nd dwelling for quite some distance on 82 Street. We’re in a shopping area, very similar. I would say that the locations are very similar as the type of use is concerned. 6 City Council Meeting - June 9, 2008 Councilman McDonald: Yeah, I’m familiar with your site over in Eden Prairie. I’ve heard a lot about it so, that’s why I was just curious about because I’ve never heard of anything over there. Karen Jackson: We’re located right next to a Kindercare and they call us and just ask if we can give tours to the children. I mean they love it so much. You know their kids are peeking through the fence and I mean it’s such a great idea that you know our neighbors just want to come and see the puppies and we haven’t had any complaints about the dogs barking. We keep them very quiet and very entertained so you know the dogs are kept real busy so they’re not barking. Councilman McDonald: Okay. Councilwoman Ernst: Just a quick question. How long have you had your business in Eden Prairie? Karen Jackson: It’s going into the sixth year now. Dave Hansen: So again we extend an invitation to all of you any time. Come on over. Call our managers. Come on over and get a visit through. Karen Jackson: But more important, come to the new one. That’s the one we’re going to be hyping about now. That’s the big one. Dave Hansen: They’re very similar you know. It’ll be very similar. If you like the one in Eden Prairie, you’re certainly going to like the one in Chanhassen. Councilwoman Ernst: Okay. Councilman Litsey: So the noise issue with dogs, if there is a dog that just. Karen Jackson: We just bring them right inside. There’ll be facilities indoors as well as outdoors to relieve the pups so that won’t be a problem. Councilman Litsey: Okay. So you deal with it immediately pretty much? Karen Jackson: Absolutely. Mayor Furlong: After hours I noticed that there was not anticipated that there’d be staffing overnight because of other means you have for security and such like that. If there is an issue, how do you work with law enforcement if there is an after hours issue? Have you done anything there? Karen Jackson: Yes. Everything is hooked to the security and then. Mayor Furlong: Contact information and such. Karen Jackson: Right, and then we have managers that are on call and ourselves as well. 7 City Council Meeting - June 9, 2008 Mayor Furlong: Alright. Any other questions? Very good. Thank you. Any other comments for us this evening? Dave Hansen: Oh, we’re going to have a phase II on the veterinary part of it if we can. We’re going to have a small delay in that. We already talked to Bob Generous about that. He said to mention it at this meeting here so we’re going to get a phase II on just the veterinary part of it. Mayor Furlong: On the building? Dave Hansen: Yes. Construction of the veterinary building. Mayor Furlong: Okay. What’s your anticipated timing on that? Karen Jackson: It’ll be about a year. The situation is that we’re unable to hire a veterinarians and so it’s a little bit more difficult because of the structure of the building. It’s hard for us to structurally build a building without the veterinarian being hired. State laws require that you can’t hire. You have to have the person run the business. We can’t, we can only lease out and so we need the person knowing how they want their project to be built so. Dave Hansen: And this is kind of off the record too but we want very good veterinarians. Mayor Furlong: You just spoke at a public meeting so… Kate Aanenson: Just clarification. So if you’re approving it with the, that much square footage. Even if they go 10% above that, so we would just, when they would come back through, just permit that because you’re approving kind of that square footage right now so you’re just not building it today. If they were to come back in, we’re approving that square footage today so they would just come in and get a building permit. It would match the same architecture and we would just streamline that. Mayor Furlong: It’d just be a two stage in the construction process? Kate Aanenson: Yep. Yes. Dave Hansen: Nothing will change. Mayor Furlong: But what we’re seeing here tonight and what went through the Planning Commission includes the veterinarian portion? Kate Aanenson: Correct. They’re just not going to build that portion. That’s correct. Councilman Litsey: Does staff have any problems with doing it that way? Kate Aanenson: No. Actually if they were going to do full disclosure, that’s what we prefer so you know that that’s coming forward and if this can’t go today, then that’s, you know that we’re providing for that in the future. That’s correct. 8 City Council Meeting - June 9, 2008 Todd Gerhardt: Most of our buildings in the industrial park have an addition you know that they can put on later on so we treat this the same way. Mayor Furlong: Very good. Anything else? Thank you. Dave Hansen: You’re very welcome. Mayor Furlong: Thoughts and comments from the council. After we open the dog park, now we’ve got a place for them to stay overnight. Councilwoman Tjornhom: You know that the standing joke here tonight should be the city’s going to the dogs. And I wasn’t going to do it but I had to. No, just as I think just another great example of a need in our community that’s being filled. I know that you know to find a good, quality kennel you had to go to Eden Prairie or you know someplace like that so I know our residents are really going to benefit from this. And it’s just a good use in our community so I’m excited that you’re here and I think these dogs are probably taken care of better than the children next door to the daycare so, welcome and I wish you all the success. Mayor Furlong: Any other thoughts? Councilman Litsey: I couldn’t have said it better, including that line. Councilman McDonald: I guess the only thing I would add is yeah, I would extend my welcome to the community also so good luck. Councilwoman Ernst: And obviously if you’ve had 30 calls already and you haven’t even advertised, there’s a special need in this community for this type of business and I’m looking forward to the veterinarian clinic as well. Great addition to the community so welcome. Mayor Furlong: Very good. From a site plan standpoint I think it’s a good looking building and business I think that will be a good market for you so looking forward to having it move forward. If there are no other thoughts or comments, there’s a motion before us this evening. Would somebody like to make a motion? Found on the first page of the staff report. Councilwoman Tjornhom: I will go ahead and do that. I make a motion that the Chanhassen City Council approve 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 1. And the Chanhassen City Council approve 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 the following conditions 1 through 29 of the staff report dated May 20, 2008 and the approval of the attached facts and findings recommendation. Mayor Furlong: Is there a second? Councilman Litsey: Second. Mayor Furlong: It’s been seconded. Thank you. Any discussion on the motion? 9 City Council Meeting - June 9, 2008 Councilwoman Tjornhom moved, Councilman Litsey seconded that the Chanhassen City Council approve 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 1.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Tjornhom moved, Councilman Litsey seconded that the Chanhassen City Council approve 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 and approval of the attached Findings of Fact and Recommendations: 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”. rd 8.Lot 2, Block 1, Arboretum Business Park 3 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 10-foot buffer where no grading can take place is required around the sanitary sewer on the west side of the property. 10 City Council Meeting - June 9, 2008 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. 22.Revise the Peavey Road access grades to allow access to fire trucks. 11 City Council Meeting - June 9, 2008 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.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Councilwoman Tjornhom: You know I was just going to talk Mayor about the dog park. Mayor Furlong: Oh, okay. Councilwoman Tjornhom: And what a fun morning that was. There was lots of people on 2 legs and 4 legs running around and it was a great community event and it’s really going to be one of those spots again that brings our town together. And even residents from Edina were there so obviously it’s a real draw from all over the community and just another positive thing happening in our town this summer. Mayor Furlong: Great, thank you. Anything else from council presentations? Councilman Litsey: I was just going to commend staff, like we have I guess we already on the mock tornado drill and how well that went, including with law enforcement and fire and council as well. I thought it was a great exercise and gave us confidence that hopefully it will never happen but if it does, that we can handle the situation so thanks to all that got together. Todd Gerhardt: You’re welcome. Mayor Furlong: I think very well said. 12