Zoning Letter 7-25-08
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
www.ci.chanhassen.mn.us
O~-.')..l
July 25, 2008
Norton Herrick
c/o Kathleen Raven Gurrola, Esquire
Butzel Long
Stoneridge West - 41000 Woodward Avenue
Bloomfield Hills, MI 48304
Re: CVS Pharmacy Zoning Verification
Lot 2, Block 1, Galpin Business Park (The "Property")
Dear Sir/Madam:
This office has been requested by Butzel Long to confirm certain facts and
circumstances concerning the current zoning and land use status of the above-
referenced property. In furtherance of that request, we hereby confirm and advise
you as follows, to wit:
1. The above-referenced Property is located within the corporate limits of the
City of Chanhassen, Carver County, Minnesota. Accordingly, the building
and other improvements comprising the Property are under the jurisdiction
and are required to comply with the building codes, ordinances and
regulations of the City of Chanhassen, Minnesota.
2. The Property currently is located in a district with azoning classification of
Planned Unit Development, PUD, and a comprehensiYtplandysignation of
commercial. The zoning classification is consistent with the comprehensive
plan designation. (The Galpin Business Park Design Standards are attached.)
3. The improvements to Property for CVS Pharmacy were approved on July 12,
2004, by the Chanhassen City Council (Site Plan Planning Case # 04-21),
plans prepared by Anderson Engineering of Minnesota,LLC,dated May 5,
2004, revised 5-13-04, 5-20-04 and 6-24-04, with a 38-footvariancefrom the
parking setback requirement and a variance to permit two rowsgfparking
between the building,:and theroad.
4. All appropriateandteql1ired building permit approvals have been provided in
order to constructthe improvements to the Property. Our review of the
records of this office with respectto the Property reveals thatthere are no
current active violations of any Building Codes or regulations applicable to the
development, and no past violations of the same which remain uncured at this
time.
5. The use of the Property for a commercial retail use (CVS Pharmacy) is a
permitted use under the aforesaid zoning classification and is consistent with
the aforesaid comprehensive plan designation.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Norton Herrick
July 25, 2008
Page 2
6. The Property use, as described above, complies with the above-stated current zoning
classification and all current zoning requirements and regulations applicable thereto,
including parking requirements, and also complies with the above-stated comprehensive plan
designation and all requirements applicable thereto. The required number of parking stalls
for the Property is 65.
7. On February 25,2002, the Chanhassen City Council approved the final plat for Galpin
Business Park. The Property complies with the subdivision ordinances affecting it and can be
conveyed without the filing of a plat or replat of the Property.
8. The Property is located in Flood Zones C, Community Panel Number 270051 0005 B,
effective July 2, 1979.
This information was researched by the undersigned as a public service. The undersign~d
certifies that the above information is believed to be accurate based on or relating to the
information supplied; however, neither the undersigned nor the City assumes liability for errors
or omissions. All information was obtained from public records, which may be inspected during
regular business hours. Should additional information be required of this office concerning the
properties, you may contact the undersigned at (952) 227-1131 or by email at
bgenerous@ci.chanhassen.mn.us .
Sincerely,
.~.t..) J--. A^
~tJ~
Robert Generous, AICP
Senior Planner
Enclosure
g:\plan\2004 planning cases\04-2l - cvs pharmacy spr & var\zoning letter cvs.doc
)
.. .,/
GALPIN BUSINESS PARK
CHANHASSEN, LLC
DEVELOPMENT DESIGN STANDARDS (POO)
A. Intent
Galpin Business Park is a PUD created to accommodate neighborhood services
and conveniences. The use of PUD zoning is to allow for a greater variety of
uses, the internal transfer of density and construction phasing. In return, the
development provides higher quality architectural standards and a more
environmentally sensitive project. The goal is to preserve open space, protect
wetlands and retain existing vegetation through the efficient/shared use of land,
transitional and buffer landscapes. All future lots that are developed are to be
reviewed based upon the development use and standards listed below. All
submittals are to consist of:
r-
\.
,)
-
Architectural site plan
Rendered building elevations
Material board
-
-
1.
- Grading and utility plans to conform to current city standards in effect when the
proposed new development is submitted for review.
- Landscape plan' to conform to the city landscape ordinance and these standards.
- Color rendering/photo-composite images of the new work proposed as seen from
Highway 5 midpoint along the wetland in Outlot A, the intersection of Highway 5
and Galpin and the intersection of Galpin and West 78th Street. Three total.
Mutual access, cross easements and maintenance agreements are required of all property owners.
If discrepancies arise between the PUD and other sections of the city ordinances, the stated PUD
shall govern for a period of up to two years after the final plat approval for Galpin Business Park.
B. Permitted Uses
The permitted uses for this PUD shall consist of and be limited to those listed and described
below or as approved by the city council. The city council shall interpret whether or not a future
use meets the following definitions.
- Convenience store with gas pumps, freestanding canopy and car wash.
-
Dry cleaning and laundry pick-up stations.
Retail shops.
Self service laundry.
Day care.
Offices - professional and business.
Health services/medical facilities.
Financial institutions.
Small appliance and shoe repair shops.
Personal service establishments.
Standard restaurants without a drive through.
Fast Food restaurants without a drive through and integral (less than 40 percent of
the building area) with a multi-tenant building.
Veterinary clinics.
-
=
-
-
-
-
-
-
-
EEl>
EEl>
Ancillary approved uses (in conjunction with and integral to a primary use).
1.
)
Prohibited uses:
c. Setbacks
-
Telecommunications antennas/dishes if concealed from view at the public right of
way.
Parking.
Trash/equipment enclosures.
Up to a four lane covered drive through for a bank
A single covered drive through for a pharmacy.
Outdoor storage dispensing display, e.g., pop machine, ice machine, secure
propane tank storage.
A TM machines
EEl>
-
EEl>
-
-
-
_ Outdoor storage and/or sales areas.
_ Automotive sales, service and repair.
""" Fast food with a drive through.
.. The development is to be regulated by the Highway 5 corridor HC-2 District and the PUD
standards. There are no minimum requirements for building, parking or drive aisle setbacks on
the interior lot lines within the PUD.
Frontage Minimum Setback Maximum Setback
..,. ... _... IW"- ... ,.......,.. Building
>>ullomg! rarKlng! unve
Aisle
Highway 5 70'/70'/50' 150'
Galpin Boulevard 30'/20'/10' 100'
West 78th Street 50'120'/1 0' 100'
Bluff Creek Overlay 40'/40'/40' N/A
Wetland (Shown Outlot A) 50'/50'/50' N/A
D. Lot Coverage
The hard surface lot coverage will be limited to a maximum of 41 % over the entire site. Any
single lot may exceed the 41 % requirement. The hard surface area of each lot is as follows: .
)
,:.,....;;
Lot Total Area HARDSURFACE AREA
Building Paving (up to) % (up to)
Footprint (up
to)
Lot 1 81,037 sf/1.86 ac 12,000 sJ. 61,359 s.f. 90%
Lot 2 82,897 sf/1.9 ac 20,000 s.f. 46,317 s.f. 80%
Outlot A 164,124 sf/3.86 ac o s.f. 16,754 s.f. 10%
Outlot B 42,902 sf/.98 ac o s.f. 0 0%
Total: 370,925 sf/8.52 ac 32,000 s.f. 124,430 s.f. 41%
E. Development Standards
1. SIZE, PORTION PLACEMENT
a. Entries: Main entrances shall be oriented toward Highway 5. Entrances shall be
designed with additional architectural detailing.
b. Articulation: Buildings of more than 40 feet in width shall be divided into smaller
increments, between 20 and 40 feet, through articulation of fa9ade.
c. Large unadorned CMU walls; solid unrelieved walls without architectural
detailing, changes in material, color, accents, fenestrations, etc.; or walls without
significant visual interest in keeping with the mass, size and scale of the wall as
viewed from public ways shall be prohibited. Buildings shall have varied and
interesting detailing. No two structures are to be identical. All walls to
incorporate architectural interest through building design or appropriate
landscaping. Acceptable design shall incorporate changes in materials and colors,
materials with textured surfaces, aggregate, etc. and/or offsets in the building
walls.
d. Multi-story Structures: Ground level of multi-story structure shall be visually
distinct from upper stories.
2. MATERIAL AND DETAIL
a. In order to meet the requirements of a PUD, the development must demonstrate a
higher quality of architectural standards and design.
b. All materials shall be of high quality and durability. Masonry or higher quality
materials shall be used. Color shall be integral to the material used, i.e. colored
CMU, brick, or stucco. No painted masonry surfaces will be allowed. Colored
mortar is encouraged but not required.
c. Acceptable materials include:
1. Brick.
2. CMU/Block - shall be of a decorative nature with either a split/rock face,
burnished, fluted or scored. Block shall be used as a base material or for
building accents (not to exceed 15 percent).
3. Stucco or EIFS, as an accent material (not to exceed 15 percent).
4. Stone - natural or manmade.
5. Glass - clear, colored, textured, translucent or glass block.
6. Laminated shingles, standing seam metal roofs, concrete or quarry tile roofs,
or other materials as approved by the city council are to be used on all pitched
roofing.
7. Metal panels, siding or structures may only be used for canopies, soffits, trim,
BV AC screens and building accents.
8. Paved areas shall consist of any of the following: bituminous, stamped/colored
bituminous, concrete, stamped/colored concrete, brick or stone pavers.
9. All building facades visible from a public right of way must be treated
comparable to the rest of the building. Design elements must be used nearly
equally on all sides.
10. Overhead doors where required, are to be screened as best as possible without
interfering with their use or creating a safety hazard. Screening may consist of
landscaping, earthen berms, or walls built to match the building. Screening
i
/
does not need to be complete. Overhead doors shall be the same color as the
primary building material.
11. Drive throughs are allowed if used in conjunction with a financial institution,
pharmacy, or other occupancy specifically approved by the city council. No
drive through will be allowed for fast food restaurants. The drive through
must be connected to the principal building. The drive through shall not be
located on the street frontage of a building. Materials must be of
complementary appearance to the primary building.
12. A convenience center fueling station canopy up to 20' above finished grade is
allowed.
3. COLOR
a. Colors shall be harmonious. Building colors shall be muted colors with low
reflectivity. Bright or brilliant colors and sharply contrasting colors may be used
for accent purposes occupying a maximum of 10 percent of building fa<;ade.
b. All materials, color, size and texture, are to be approved to assure compatibility
with the PUD.
)
./
4. HEIGHT AND ROOF DESIGN
a. Building heights shall be limited to 3 stories or 40', as measurement to the highest
point from the top of the first floor elevation. The measurement shall include
architectural details (parapets), transmission antennas, transmission equipment,
satellite dishes, and non-structural building elements. Pitched roofs shall be
measured to the midpoint of the roof.
b. Each primary building shall incorporate one or more of the following: pitched
roof, stepped parapet/roofs, or raised tower elements depending upon the scale
and type of building. Other architectural elements such as arches, vaults,
canopies, recessed entries and niches, colonnades, detailing, etc., may be used to
add architectural interest, direction or articulation to the buildings.
5. FA<;ADE TRANSPARENCY
a. At least 50 percent of a building elevation adjacent to a public right-of-way shall
have windows and/or doors. Reflective glass is not permitted.
6. SITE FURNISIDNG
a. Site furnishings shall be designed as part of the site architectural concept and
landscape. Benches, tables and chairs and similar features shall be required with
all new development.
7. FRANCmSE ARCHITECTURE
a. Franchise architecture shall be revised if it does not comply with the design
standards.
8. LOADING AREAS AND REFUSE AREAS, ETC.
a. All accessory structures shall be complementary to the primary structure.
b. All building and mechanical equipment, processing machinery, etc. mounted
either on the ground, building or roof shall be screened from view from adjacent
public right of ways. Screens shall consist of parapets and/or walls of compatible
appearing materials. Wooden and chain link fences are prohibited.
2.
c. Each building shall incorporate space within the building or adjacent enclosed or
screened structure for recyclables.
d. All utilities are required to be underground.
e. Gate material shall not be chain link.
9. LANDSCAPING
a. Natural.areas shall be preserved to the maximum extent.
b. Landscaping shall enhance natural and architectural features, strengthen vistas,
and provide shade.
c. Landscaping shall emphasize massing of plant materials over isolated or scattered
material.
d. The master landscape plan for Galpin Business Park shall be the design guide for
the site landscape developments. Each lot must present a landscape plan for
approval with the site plan review. Total quantity of landscaping along Highway
5, West 78th Street and Galpin Boulevard shall comply with Buffer Yard Standard
B, City Landscape Ordinance for Vehicular Areas, and Foundation and Aesthetic
Plantings.
e. A portion of the canopy and under story trees required by city ordinance for Lot 1
and Lot 2 may be relocated onto Outlot 'B' to further enhance Bluff Creek and
buffer the residential area to the north subject to city approval.
f. Outdoor storage of materials is prohibited unless it has been specifically approved
during site plan review. All approved outdoor storage must be screened with
either masonry walls/fences, landscaping and berms or a combination of the two.
g. Landscape berming is encouraged for use in screening elements such as overhead
doors, parking, equipment, and trash enclosures. Maximum slope 33%. The
berm is to be sodded, seeded or covered with a wood or stone landscape mulch.
The same type of mulch must be used throughout the entire development. Mulch
areas must be bordered by sidewalk, curbing, brick pavers, masonry pavers, metal
or plastic edging materials.
h. Landscaping may be installed incrementally as the lots are developed. Lot 1,
Outlot 'A' and Outlot 'B' are to be completed simultaneously. Grass areas with
potential for erosion are to be sodded or seeded with erosion control fabric per
inaster plan. The landscape areas within Lot 1 and Lot 2 are to be irrigated.
Buffer yard plantings shall be installed with the first phase of development.
)
1. On Lot 1 and Lot 2, deceased trees and shrubs within the buffer yard are to be
replaced in kind as originally approved, within one year unless approved by the
city council. Trees and shrubs are to be maintained, pruned, and trimmed of dead
branches, volunteer grasses and weeds. Lawn areas are to be mowed regularly.
Wood mulches are to be replenished to a like new condition every five years or
less.
J. Prairie grasses and similar natural vegetation is to be left in a natural state.
k. Loading docks shall be screened year round from view of public right of way by
walls, berms, landscaping, a combination thereof, or as approved by the city
council. Overhead doors shall be the same color as the primary building
materials.
1. Retaining walls may be used to accommodate changes in grade elevations.
Acceptable materials include natural stone, cut stone, and integral color concrete
block retaining wall systems. Wood retaining walls are prohibited.
m.Perimeter vehicular use areas adjacent and/or fronting the public right of ways is
to be screened to the height of 3' above the parking surface. Landscaping, berms,
fences or any combination thereof may accomplish this.
to. LOT FRONTAGE AND PARKING LOCATION
a. One row of parking shall be allowed within the required building setback adjacent
to Highway 5 or West 78th Street. The majority of parking shall be located to the
side or rear of the building.
)
b. Each developed lot to provide bicycle parking.
c. Parking quantities and stall sizes are to meet current city standards in effect when
the proposed new development is submitted for review. Each change in use shall
require a reevaluation ofthe parking.
d. Shared parking shall be required throughout the project. Parking stalls may be
located on the adjacent development as negotiated between the affected parties.
e. Each developed lot to provide pedestrian access from the public sidewalk along
Galpin Boulevard to the principal buildings.
F. SIGNAGE
1. Galpin Business Park, Chanhassen, lLC, shall be permitted one shared pylon sign.
The pylon sign shall be located along Highway 5 near Galpin Boulevard and setback a
minimum of one-half (112) the required building setback from the property line. The
pylon is to be no more than 15 feet above finished grade to the highest point. A
maximum of 64 s.f. of sign face per side is allowed. The maximum width of the sign
shall be 10 feet. Pylon signs shall be of monument style.
2. One monument sign each is allowed for Lot 1 and Lot 2. The maximum height of
monument signs are to be 8' above grade. A maximum of 64 s.f. of sign face per side
is allowed. The maximum width of the sign shall be 10 feet.
3. The pylon and monument sign bases and supports are to be of masonry materials
(brick, decorative CMU, stone or stucco) to match the primary buildings, be
consistent, and to compliment each other. Sign faces shall be colored translucent
plastic. If illuminated, signs are to be internally lit.
4. Signage throughout the development shall be consistent in size, location, heights,
materials and illumination.
5. Wall signs shall be as permitted below.
3.
Maximum Percentage of
Wall
15%
13%
11%
Wall Area in Square Feet
Maximum Square Footage
of Signs
0-600
601-1,200
1,201-1,800
90
156
198
.,
9% 1,801-2,400 216
j 7% 2,401-3,200 224
/
5% 3,201-4,500 230
3% 4,500+ 240
4. 6. All signs shall require a separate sign permit.
G. LIGHTING
1. Site lighting throughout the development shall be consistent. Access
roadways to be lit comparable to the existing lighting on West 78th Street. A uniform
average of up to 7 foot candles is to be provided throughout the developed areas. A
maximum average illumination intensity of 50 foot candles may be used below
canopies and drive throughs. Canopy and drive through lights must be recessed.
2. Site area lighting to be shoe box fixtures with metal halide lamps.
3. Light poles to be consistent throughout the development, square,
prefinished, 30' maximum to the highest point.
')
4. All site lighting must be shielded to prevent any off site spillage and glare.
A maximum of 1 to 2 foot candles are allowed along the property lines at Highway 5,
Galpin Boulevard and West 78th Street.
H.
1. Loud speakers are prohibited.
(G:\Plan\BG\Development Review\Galpin Business Park design standards)
BUTZEL LONG
ATTORNEYS AND COUNSELORS
Leonor I. Hendricksen
Paralegal
248 258 1434
hendrick@butzel.com
Stoneridge West
41000 Woodward Avenue
BlOomfield Hills, Michigan 48304
T: 2482581616 F: 2482581439
butzel.com
July 23, 2008
VIA FEDERAL EXPRESS
Robert Generous, Planning Division
Community Development Department
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
RE: Zoning Verification Request Letter
Address: CVS Pharmacy: 7765 Galpin Boulevard
Legal: Lot 2, Block 1, Galpin Business Park
Dear Mr. Generous:
Enclosed is this firm's check payable to City of Chanhassen in the amount of $25.00.
Also enclosed is a copy of your previous letter of June 6, 2005.
Please provide us with a letter confirming the following information regarding the
Premises:
1. The Zoning District Classification Code affecting the Premises is _ that
permits use as drug store/pharmacy.
2. The required number of parking spaces for the Premises is
3. Confirmation that the Premises and its use as drug store/pharmacy complies with
such zoning code, city ordinances and building and use restrictions.
4. Confirmation that there are no variances, conditional use permits or special use
permits required for the improvements as constructed on the Premises or their use or, if there are,
specifying the same and their terms.
5. If the Premises is a non-conforming use, the letter must set forth the conditions
under which the Premises may be restored if they are damaged or destroyed.
Detroit Bloomfield Hills Ann Arbor lansing Holland Boca Raton Palm Beach Washington D.C. New York
Al/Iance Offices Beijing Shanghai Member Lex Mundi www.butzel.com
000138441 \0004\938124-1
Robert Generous, Planning Division
Community Development Department
City of Chanhassen
July 23, 2008
6. Confirmation that the Premises as described comply with applicable platting
ordinances and can be conveyed without the filing of a plat or replat ofthe Premises.
7. If the Premises fall within any subdivision or platting rules or regulations,
evidence of compliance with such subdivision regulations or waiver by the appropriate officials
must be provided.
Please address your response letter as follows:
Norton Herrick
clo Kathleen Raven Gurrola, Esquire
Butzel Long
Stoneridge West - 41 000 Woodward Avenue
Bloomfield Hills, MI 48304
Please facsimile the letter, to my attention, at 1-248-258-1439 or e-mail same at
hendrick@butze1.com and mail the original in the pre-paid Federal Express envelope provided
herein. Please call me at 1-248-258-1434 with any questions.
~
Sincerely,
I ~
(1);Jvv~ i M~.wJw~
I .-
, .
Lebhor I. Hendricksen
Is
Enclosures
cc: Kathleen Raven Gurrola, Esquire
000138441\0004\938124-1
CITY OF
. CmASSEN
1700 Market Bouleviill
PO Box 147
Chamassen, ~ 55311
Admlllslralloa
Phone: 952.221.1100
Fax: 952.227.1110
Building Inspecllons
Phone: 952.227.1180
Fax: ~2227.1190
Enginll8lil!
Phone: 952227.1160
Fax: 952227.1170
FllI3IICI
POOre: 952227.1140
Fax: 952,227.1110
Park l RecreaUol
Phore: 952.227.1120
Fax: 952.227.1110
Recreallon{;enrer
2310 l'Alulter BoukMrd
PhOIJll: 952.2Z7.1400
Fax: 952.227.1404
Planning &:
Nalna I ReSGlll'C8s
POOne: 952.227.1190
Fax: 952.227.1110
Pulllic Works
1591 PilIk Road
Phone: 952.227.1300
Fax: 952.227.1310
SenIor Ceoler
Phone: 952.227.1125
Fax: 952227.1110
Web Site
WlWI.cichanhassen.mn.us
/717
June 6, 2005
Staubach Capital Partners
Attn: Scott Giese
8333 Douglas, Suite 1500
Dallas, TX 75225
Re: CVS Zoning Verification
Lot 2, Block 1, Galpin Business Park (The "Property")
Dear SirlMadam:
This office has been requested by Staubach ~apita1 P
facts and circumstances concerning the current zo
above referenced property. In furtherance of that
and advise you as follows, to wit:
ers to confinn certain
d land use status of the
we hereby confinn
1. The ab
City of
and oth
and are
regulati
2.
. 3.
4. The Property, an,
contained in the Site PI
terms and conditions
, ,attached.
The Clly 01 Ckanhassen · A !l(Owing community willi clean lakes, qualily schools, a channing doWlltown. Ihnvlng businesses, winding trails, and beautiful parlls. ^ greal place to live! work, and play.
Stauba.ch Capital Partners
June 6, 2005
Page 2
5. All appropriate and required building permit approvals have been provided
in order to construct the improvements to the Property. Our review of the
records of this office with respect to the Project reveals that there are no
current active violations of any Building Codes or regulations applicable to
the development, and no past violations of the same which remain uncured at
this time.
6. The use of the Project for a commercial retail use (CVSlPharmacy) is a
permitted use under the aforesaid zoning classification and is consistent with
the aforesaid comprehensive plan designation.
7. The property use, as described above, complies with the above stated current
zoning classification and aU current zoning requirements and regulations
applicable thereto, including parking requirements, and also complies with
the above stated comprehensive plan designation and all requirements
applicable thereto.
8. The Property complies with the subdivision ordinances affecting it and can
be conveyed without the filing of a plat or replat of the Property.
9. The Property is located in Flood Zones C, Community Panel Number
2700510005 B, effective July 2,1979.
~hould additional information he required of this office concerning the property,
you may contact the undersigned.
Sincerely,
~
Robert Generous, AICP
Senior Planner
Enclosures
g:\plan\bg\z.oning letter CVS.doc
0'1-;;)-1
CITY OF CHANHASSEN
POBOX 147
CHANHASSEN MN 55317
07/25/2008 3:33 PM
Receipt No. 0077605
CLERK: katie
PAYEE: Butzel Long, Attny/Counselors
Galpin Bus Park, Lot 2 Blk 1
Use & Variance
25.00
Total
25.00
Cash
Check
40522
0.00
25.00
Change
0.00
~