CC Staff Report 11-10-08
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
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Phone: 952.227.1100
Fax: 952.227.1110
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Web Site
www.ci.chanhassen.mn.us
3
-.1 U'Ul
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM:
Sharmeen AI-Jaff, Senior Planner
DA TE:
November 10, 2008 ~.
Request for Minor PUD Amendment to allow a Drive-thru Window;
Site Plan Amendment to add a Drive-thru Window; and a Variance
to the Required Number of Parking Spaces
Planning Case 08-22
SUBJ:
The Planning Commission recommended the City Council adopt the following
motion:
PROPOSED MOTION
"The Chanhassen City Council denies the Planned Unit Development
Amendment, Site Plan Amendment, and Variance for Planning Case 2008-22
and adopts the attached Findings of Fact and Denial."
City Council approval requires a simple majority vote of City Council.
EXECUTIVE SUMMARY
The applicant is requesting multiple application approvals. They include a Planned
Unit Development amendment to allow a drive-thru in the Arboretum Shopping
Center development and a site plan amendment to add a drive-thru window. The
drive-thru will replace existing parking spaces which will result in a deficiency in
the required number of parking spaces resulting in a parking variance.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on April 15, 2008 to review the
proposed development. The Planning Commission voted 4 to 1 to deny the request.
The summary and verbatim minutes are item 1a of the City Council packet.
CONCERNS AT THE PLANNING COMMISSION MEETING:
. The layout proposed by the applicant will block people in on both sides of the
stacking lane. Also, if these parking spaces were empty, stacked cars would
block those spaces and prevent people from parking in them.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
Arboretum Shopping Center
November 10, 2008
Page 2
. The applicant requested that the drive aisle leading to the drive-thru window be counted as
three parking spaces. The Planning Commission disagreed with the applicant since a car
cannot park in the drive-thru lane.
. Pedestrians must cut through the drive-thru lane.
. There are 50 Milio's stores in the nation. Only 12 of the 50 have drive-thru windows. The
stores are still in business. Other sandwich shops in the area (Subway and Jimmy Johns) do
not have a drive-thru and they are still in business.
. The layout that the city staff recommended does not fit the applicant's budget.
. The concern in 2003 was setting precedence. This concern has not changed.
. One-way traffic exiting through the gas station during rush hour when Nick and Willy's and
Jimmy John's are busy as well may complicate traffic flow.
ATTACHMENTS
1. Planning Commission Findings of Fact and Recommendation of Denial.
2. Planning Commission Staff Report Dated October 21,2008.
g:\plan\2008 planning cases\08-22 arboretum shopping center minor pud amendment for drive-thru\executive summary. doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Mark Leutem, KLMS Group, LLC for the following:
Request for Minor PUD Amendment to allow a drive-thru window; a site plan amendment to
add a drive-thru window; and a variance to the required number of parking spaces on property
zoned Planned Unit Development.
On October 21,2008, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Mark Leutem, KLMS Group, LLC for a Planned Unit
Development Amendment, Site Plan Amendment, and Variance. The Planning Commission
conducted a public hearing on the proposed application preceded by published and mailed notice.
The Planning Commission heard testimony from all interested persons wishing to speak and now
makes the following:
FINDINGS OF FACT
1. The property is currently zoned Planned Unit Development District.
2. The property is guided by the Land Use Plan for Commercial.
3. The legal description of the property is: Lot 2, Block 1, Arboretum Shopping Center.
4. Planned Unit Development Amendment
The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse
effects of the proposed amendment to the Arboretum Village PUD design standards to permit a
drive-thru window as a permitted use. The six (6) effects and our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be inconsistent with the official City Comprehensive
Plan as drive-thru in a neighborhood related commercial changes the commercial
character of the development to cater to commuter retail user.
b. The proposed use is or will be incompatible with and compete with the present and future
land uses of the area in that the amendment will permit commuter commercial uses,
rather than neighborhood service uses, potentially changing the character of the
development.
1
c. The proposed use would not conform to all performance standards contained in the
Zoning Ordinance including compatibility with adjacent uses, parking requirements, and
traffic circulation requirements.
d. The proposed use may depreciate the values of the surrounding area by permitting a use
that may negatively impact traffic circulation and access to users.
e. The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity as the subdivision is provided with adequate
infrastructure to accommodate the use.
f. Traffic generation by the proposed use may be within capabilities of streets serving the
property. However, internal traffic circulation may become a problem.
5. In evaluating a site plan and building plan, the city shall consider the development's
compliance with the following:
a. Consistency with the elements and objectives of the city's development guides, including
the comprehensive plan, official road mapping, and other plans that may be adopted.
b. Consistency with this division.
c. Preservation of the site in its natural state to the extent practicable by minimizing tree
and soil removal and designing grade changes to be in keeping with the general
appearance of the neighboring developed or developing areas.
d. Creation of a harmonious relationship of building and open space with natural site
features and with existing and future buildings having a visual relationship to the
development.
e. Creation of functional and harmonious design for structures and site features, with
special attention to the following:
1) An internal sense of order for the buildings and use on the site and provision of a
desirable environment for occupants, visitors and general community.
2) The amount and location of open space and landscaping.
3) Materials, textures, colors and details of construction as an expression of the design
concept and the compatibility of the same with adjacent and neighboring structures
and uses.
4) Vehicular and pedestrian circulation, including walkways, interior drives and parking
in terms of location and number of access points to the public streets, width of
interior drives and access points, general interior circulation, separation of pedestrian
and vehicular traffic and arrangement and amount of parking.
2
f. Protection of adjacent and neighboring properties through reasonable provision for
surface water drainage, sound and sight buffers, preservation of views, light and air and
those aspects of design not adequately covered by other regulations which may have
substantial effects on neighboring land uses.
Findin2: The request for a drive-thru window is inconsistent with the standards in the PUD.
6. Variance
a) That the literal enforcement of this chapter would cause an undue hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
surroundings, shape or topography. Reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that there are pre-existing standards in this
neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet these criteria.
Findin2: The literal enforcement of this chapter does not cause an undue hardship. The
applicant has the ability to provide parking spaces. All the retail facilities within this
development have provided the required number of spaces.
b) The conditions upon which a petition for a variance is based are not applicable, generally,
to other property within the same zoning classification.
Findin2: The conditions upon which this variance is based are applicable to all properties
that lie within the Planned Unit Development (PUD) District.
c) The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Findin2: The applicant has stated that they do not wish to incur the cost of replacing the
parking spaces. However, the variation is not based upon a desire to increase the value or
income potential of the parcel of land.
d) The alleged difficulty or hardship is not a self-created hardship.
Findin2: The variance is a self-created hardship. The applicant is requesting to remove the
parking spaces without replacing them.
e) The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Findin2: The granting of a variance will cause a parking problem.
3
f) The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed variation could cause traffic/circulation issues.
7. The planning report #08-22, dated October 21,2008, prepared by Sharmeen AI-Jaff, et aI, is
incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council deny Site Plan
Amendment, Planned Unit Development Amendment and Variance 2008-22.
ADOPTED by the Chanhassen Planning Commission this 21 st day of October, 2008.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
4
CC DATE: November 10,2008
OJ
PC DATE: October 21,2008
CITY OF CHANHASSEN
REVIEW DEADLINE: November 18, 2008
CASE #: 08-22
BY: AI-Jaff
PROPOSED MOTION:
"The Planning Commission recommends the City Council appro'le deny the Planned Unit
Development amendment for Arboretum Village (pUD 99-02), Planning Case #08-22, amending the
design standards Section b. Permitted Uses, to allow a drive-thru with standards; appro'/e deny an
amendment to the Arboretum Shopping Center Site Plan Permit 03-06 with conditions to add a drive-
thru window and create new parking; and deny the Variance request for a reduced number of parking
spaces."
PROPOSAL: Request for Minor PUD Amendment to allow a drive-thru window and a site plan
amendment to add a drive-thru window and a variance to the required number of parking spaces.
LOCATION: 7755 Century Boulevard
Lot 2,. Block 1, Arboretum Shopping Center
APPLICANT: Mark Leutem
KLMS Group, LLC
7755 Century Boulevard
Chanhassen, MN 55317
763-234-8128
markleutem@hotmail.com
PRESENT ZONING: Planned Unit Development, PUD
2020 LAND USE PLAN: Commercial
ACREAGE: 1.58 DENSITY: N/A
LEVEL OF CITY DISCRETION IN DECISION MAKING:
The City's discretion in approving or denying a site plan is limited to whether or not the
proposed project complies with Zoning Ordinance requirements. If it meets these
standards, the City must then approve the site plan. This is a quasi-judicial decision.
The City has a relatively high level of discretion in approving rezonings, PUDs, and amendments
to PUDs because the City is acting in its legislative or policy making capacity. A rezoning or
PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan.
The City's discretion in approving or denying a variance is limited to whether or not the
proposed project meets the standards in the Zoning Ordinance for a variance. The City has a
relatively high level of discretion with a variance because the applicant is seeking a deviation
from established standards. This is a quasi-judicial decision.
Arboretum Shopping Center
Planning Case 08-22
October 21, 2008
Page 2 of 12
PROPOSAL/SUMMARY
The applicant is requesting a Planned Unit Development amendment to allow a drive-thru in the
Arboretum Shopping Center development and a site plan amendment to add a drive-thru
window. The drive-thru will replace existing parking spaces which will result in a deficiency in
the required number of parking spaces resulting in a parking variance.
The site is located at the northeast intersection of Highway 5 and Century Boulevard and is
zoned Planned Unit Development. It is intended to provide neighborhood commercial uses for
the adjacent residential properties to the north and east, as well as retail services to motorists on
Highway 5. The site contains a building with an area of 5,506 square feet. A convenience store
occupies 3,986 square feet. The proposed Milio's restaurant will occupy the remaining 1,520
square feet. The entrance to the convenience store is located along the northeast comer of the
building while the entrance to the restaurant is located along the west side of the building.
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Staff met with the applicant prior to submittal of the application and explained that one of the
main concerns that staff has deals with circulation on the site and the total number of required
parking spaces. Staff provided the applicant with a sketch plan that could address these
Arboretum Shopping Center
Planning Case 08-22
October 21, 2008
Page 3 of 12
concerns. We asked the applicant to present the sketch to his engineer for modifications. None
of staff s comments or concerns have been addressed by the applicant. Staff will discuss these
concerns in detail later in the report.
BACKGROUND:
On June 17,2003, the Planning Commission reviewed the following:
1) Arboretum Village Planned Unit Development Amendment to allow a drive-thru,
establish sign criteria for the center, and parking setback.
2) Replat of Outlot D, Arboretum Village and Lot 1, Block 4, Vasserman Ridge (4.79 acres),
into three lots (Arboretum Shopping Center).
3) A Conditional Use Permit to allow the construction of a Convenience Store with gas pumps.
4) Site Plan Review for the construction ofthree multi-tenant buildings, one of which contains
a convenience store with gas pumps, a coffee ShOD with a drive-thru, and a car-wash.;
North Coast Partners.
The Planning Commission recommended approval of the request with the exception of the PUD
amendment to allow a drive-thru.
On July 14, 2003, the City Council reviewed and tabled action on this request. Staffwas directed to
visit other drive-thrus in the neighboring cities and provide additional data.
On July 28, 2003, the City Council voted to deny the use ofthe drive-thru.
On October 13,2008, the City Council approved a city code amendment by adding Section 20-965
establishing standards for a drive-thru, which read as follows:
Section 20-965. Drive-thru facilities
Drive-thru facilities for any use shall comply with the following standards:
(a) They shall not be located adjacent to any residential lot lines.
(b) They shall be provided with a suitable visual screen from adjacent properties.
(c) Stacking shall be provided within applicable parking lot setbacks.
(d) Stacking shall meet the following standards:
(1) Fast Food Restaurant: six cars per aisle.
(2) Banks: three cars per aisle.
(3) Pharmacy: two cars per aisle.
(4) All other uses: two cars per aisle.
( e) The City may require a vehicle stacking study to determine whether more or less stacking
shall be required for a particular use.
(f) Stacking areas shall not interfere with vehicular circulation in the parking lot nor encroach
into any required drive aisles.
(g) Speaker or intercom system shall not be audible at the property line.
Arboretum Shopping Center
Planning Case 08-22
October 21, 2008
Page 4 of 12
ANALYSIS
The request consists of three components:
1. PUD amendment to allow a drive-thru.
2. Site Plan amendment to allow a drive-thru window and drive and replace parking.
3. Variance to the total required number of parking spaces.
PUD AMENDMENT
The current language in the PUD ordinance states:
PERMITTED USES
The permitted uses within the neighborhood commercial zone should be limited to appropriate
commercial and service uses consistent with the neighborhood. 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
Planning Director shall make that interpretation. The type of uses to be provided on this outlot
shall be low intensity neighborhood-oriented retail and service establishments to meet daily
needs of residents. Such uses may include small to medium-sized restaurants (no drive-thru
windows), office, day care, neighborhood scale commercial, convenience store, churches, or
other similar type and scale uses as described in the Comprehensive Plan. No single use shall
exceed 5,000 square feet.
The applicant is proposing a drive-thru window for a sandwich shop (Milio's). The window is
proposed to face Highway 5. Staff had lengthy discussions with the applicant regarding the
drive-thru window and explained that in order to support it, it should meet design standards. We
shared the previous proposal (requested in 2003) with the applicant. We explained that the
Planning Commission and City Council denied the request to avoid setting precedence. The
applicant requested to pursue this option. The applicant explained that none of the businesses
that have occupied the space have been able to succeed and was convinced that a drive-thru
window will contribute to the success of the business.
Staffhas always maintained a neutral stand on a drive-thru in this specific location. The site is
fairly removed from any immediate residential neighborhoods. We do, however, believe that it
should be designed in a fashion that does not negatively impact traffic circulation and operation
within the development. Therefore, staff recommends all drive-thrus meet the following
standards:
Drive-thru facilities for any use shall comply with the following standards:
(a) They shall not be located adjacent to any residential lot lines.
(b) They shall be provided with a suitable visual screen from adjacent properties.
(c) Stacking shall be provided within applicable parking lot setbacks.
(d) Stacking shall meet the following standards:
(1) Fast Food Restaurant: six cars per aisle.
Arboretum Shopping Center
Planning Case 08-22
October 21, 2008
Page 5 of 12
(2) Banks: three cars per aisle.
(3) Pharmacy: two cars per aisle.
(4) All other uses: two cars per aisle.
(e) The City may require a vehicle stacking study to determine whether more or less stacking
shall be required for a particular use.
(f) Stacking areas shall not interfere with vehicular circulation in the parking lot nor encroach
into any required drive aisles.
(g) Speaker or intercom system shall not be audible at the property line.
SITE PLAN ANALYSIS
Milio's Sandwich shop is interested in occupying the space. There are currently two Milio's
shops in Eden Prairie; one shop with a drive-thru and the other without. Staff visited the shop
with the drive-thru on a week day and observed the traffic patterns for approximately 45 minutes.
We arrived at 11 :45 a.m. and observed until 12:30 p.m. There were a maximum of six cars in
the drive-thru lane at the time when staff was observing the site.
Staff then visited the site in Chanhassen and attempted to visualize transforming it to
accommodate a drive-thru window. We then attempted to design a layout that can allow
acceptable traffic circulation on the site.
The layout
included a
driveway
dedicated to the
drive-thru
window, traffic
movmg one way,
and parking
spaces replacing
those that have
been removed
due to the
placement of the
drive-thru lane.
This layout was
given to the
applicant with
detailed
explanations of
staff's concerns
and the reasoning
behind it.
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Arboretum Shopping Center
Planning Case 08-22
October 21, 2008
Page 6 of 12
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Westwood Professional Services, Inc. submitted a plan on behalf of Leutem Property
Management, LLC for site changes to the property for the installation of the drive-thru facility.
The drive-thru window is proposed to be installed on the south side of the existing building; the
order board is proposed on the west side of the building.
The owner proposes to modify the curb layout on the west and south sides of the building to
accommodate the drive-thru. A 12-foot wide drive aisle is proposed for the drive-thru. Two-
way traffic can still be accommodated on the 29-foot wide (minimum) drive aisle on the south
side of the building. The plan also proposes to maintain two-way traffic in the parking lot
located on the west side of the building.
Arboretum Shopping Center
Planning Case 08-22
October 21, 2008
Page 7 of 12
The following illustrates Staffs concerns with the proposed layout:
Proposed
drive
thru
Exclusive stacking space for vehicles
waiting to place an order is not provided;
vehicles queuing will block parking
stalls.
Potential for vehicular conflict on the south
side of the building where vehicles exiting
the drive thru would have to cross oncoming
traffic.
There is a potential to resolve these issues by constructing an exclusive drive-thru lane on the
west side of the building, installing angled parking on the south side of the building, and striping
and signing for one-way traffic around the building.
The site plan must include the impervious surface calculations, show proof of parking and be
signed by the landscape architect who designed the plan.
PARKING TABULATIONS
The city's parking ordinance requires:
. One parking space for each 60 square feet of restaurant without an on-sale liquor license.
. One parking space for each 200 square feet of retail.
The parking for this site was approved with the original approval in 2003. The restaurant portion
of the building requires 25 parking spaces. The remainder of the building which is a gas station
with a convenience store has an area of 3,972 square feet which requires 20 parking spaces.
Total parking required per ordinance is 45 spaces. This number appeared to be excessive since,
in all likelihood, people buying gas will remain parked at the gas pumps, walk into the store, and
pay their bill and leave. There are 16 parking spaces at the gas pumps. Based upon that method
of calculation, the City Council approved a total of 44 parking spaces.
Arboretum Shopping Center
Planning Case 08-22
October 21, 2008
Page 8 of 12
The plan proposed by the applicant removes 8 parking spaces without replacing them and blocks
existing parking spaces by cars waiting to place their order at the drive-thru, making them
obsolete. The proposal requires a variance to the number of required parking spaces.
The applicant believes that the current user will not generate as many cars as the required
number of parking spaces. Staff must assume that if Milio's is replaced by a different user, then
the parking has to be efficient regardless of whom the user is.
Staff is recommending denial of the variance request since the applicant has not demonstrated a
hardship nor proven that these spaces are not required.
SITE PLAN
"IE'" DRIVE - THRU
"'INDO"'. G.C. TO
COORDINATE
LOCATION & SIZE.
RECESSED LIGHTING
l! UNDERSIDE OF
CANOPY
As stated earlier, the applicant is proposing to add a drive-thru window along the south elevation
of the building.
LANDSCAPING REQUIREMENTS
The applicant is required to buffer the parking stalls fronting Highway 5 and add landscaping
within the proposed island.
To screen headlights and views of parking, the applicant will be required to install shrubs along
the parking area adjacent to Highway 5. The shrubs shall have a mature size of 3-4 feet and must
be planted in order to create a continuous buffer. The shrub height may be reduced if a berm is
also installed. Any existing bufferyard plantings that are removed for the development must be
replaced within the same area. Landscaping for the parking lot island shall include a minimum
of two trees. The trees may be under- or overstory species selected from the city's approved tree
list.
Arboretum Shopping Center
Planning Case 08-22
October 21, 2008
Page 9 of 12
SITE PLAN FINDINGS
In evaluating a site plan and building plan, the City shall consider the development's compliance
with the following:
(1) Consistency with the elements and objectives of the city's development guides, including the
comprehensive plan, official road mapping, and other plans that may be adopted;
(2) Consistency with this division;
(3) Preservation of the site in its natural state to the extent practicable by minimizing tree and
soil removal and designing grade changes to be in keeping with the general appearance of the
neighboring developed or developing areas;
(4) Creation of a harmonious relationship of building and open space with natural site features
and with existing and future buildings having a visual relationship to the development;
(5) Creation of functional and harmonious design for structures and site features, with special
attention to the following:
a. An internal sense of order for the buildings and use on the site and provision of a
desirable environment for occupants, visitors and general community;
b. The amount and location of open space and landscaping;
c. Materials, textures, colors and details of construction as an expression of the design
concept and the compatibility of the same with adjacent and neighboring structures and
uses; and
d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in
terms of location and number of access points to the public streets, width of interior
drives and access points, general interior circulation, separation of pedestrian and
vehicular traffic and arrangement and amount of parking.
(6) Protection of adjacent and neighboring properties through reasonable provision for surface
water drainage, sound and sight buffers, preservation of views, light and air and those aspects
of design not adequately covered by other regulations which may have substantial effects on
neighboring land uses.
Finding: The proposed development will require adjustments to become consistent with the
city's comprehensive plan and the zoning ordinance. Staff is unable to comment on the hard
surface coverage requirement since numbers have not been supplied. .Site circulation is of
concern; however, it can be redesigned to avoid conflicts. Staff is recommending approval of the
request with conditions.
Arboretum Shopping Center
Planning Case 08-22
October 21, 2008
Page 10 of12
VARIANCE FINDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
a) That the literal enforcement ofthis chapter would cause an undue hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
surroundings, shape or topography. Reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that there are pre-existing standards in this
neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet these criteria.
Findine:: The literal enforcement of this chapter does not cause an undue hardship. The
applicant has the ability to provide parking spaces. All the retail facilities within this
development have provided the required number of spaces.
b) The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Findine:: The conditions upon which this variance is based are applicable to all properties that
lie within the Planned Unit Development (PUD) District.
c) The purpose of the variation is not based upon a desire to increase the value or income potential
of the parcel of land.
Findine:: The applicant has stated that they do not wish to incur the cost of replacing the
parking spaces. However, the variation is not based upon a desire to increase the value or
income potential of the parcel of land.
d) The alleged difficulty or hardship is not a self-created hardship.
Findine:: The variance is a self-created hardship. The applicant is requesting to remove the
parking spaces without replacing them.
e) The granting of the variance will not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood in which the parcel is located.
Findine:: The granting of a variance will cause a parking problem.
f) The proposed variation will not impair an adequate supply of light and air to adjacent property
or substantially increase the congestion of the public streets or increase the danger of fire or
endanger the public safety or substantially diminish or impair property values within the
neighborhood.
Findine:: The proposed variation could cause traffic/circulation issues.
Arboretum Shopping Center
Planning Case 08-22
October 21, 2008
Page 11 of 12
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motions:
PUD AMENDMENT:
"The Planning Commission recommends the City Council approve the Planned Unit Development
amendment for Arboretum Village (PUD 99-02), Planning Case #08-22, amending the design
standards Section b. Permitted Uses, to allow a drive-thru with the following standards:
Drive-thru facilities for any use shall comply with the following standards:
(a) They shall not be located adjacent to any residential lot lines.
(b) They shall be provided with a suitable visual screen from adjacent properties.
(c) Stacking shall be provided within applicable parking lot setbacks.
(d) Stacking shall meet the following standards:
(1) Fast Food Restaurant: six cars per aisle.
(2) Banks: three cars per aisle.
(3) Pharmacy: two cars per aisle.
(4) All other uses: two cars per aisle.
( e) The City may require a vehicle stacking study to determine whether more or less stacking
shall be required for a particular use.
(t) Stacking areas shall not interfere with vehicular circulation in the parking lot nor encroach
into any required drive aisles.
(g) Speaker or intercom system shall not be audible at the property line."
SITE PLAN AMENDMENT:
"The Planning Commission recommends the City Council approve the site plan amendment for
Arboretum Shopping Center (Site Plan 03-06), Planning Case #08-22, to allow a drive-thru window
and redesign parking layout and site circulation with the following conditions:
1. Approval of the site plan is contingent upon approval of the PUD amendment allowing a
drive-thru window.
2. The impervious surface calculations must be shown on the plan.
3. Replacement parking must be shown on the plan.
4. The plan must be signed.
5. Redesign the site layout by creating an exclusive drive-thru lane on the west side ofthe
building, installing angled parking on the south side of the building, and striping and signing
for one-way traffic around the building as shown in the attached Exhibit A.
Arboretum Shopping Center
Planning Case 08-22
October 21, 2008
Page 12 of 12
6. To screen headlights and views of parking, the applicant shall install shrubs along the
parking area adjacent to Highway 5. The shrubs shall have a mature size of3-4 feet and must
be planted in order to create a continuous buffer. The shrub height may be reduced if a berm
is also installed. A landscape plan must be submitted to the city for approval.
7. Any existing bufferyard plantings that are removed for the development must be replaced
within the same area. A landscape plan must be submitted to the city for approval showing
locations and species.
8. Landscaping for the parking lot island shall include a minimum of two trees. The trees may
be under- or overstory species selected from the city's approved tree list."
VARIANCE:
"The Planning Commission recommends denial of the variance request to the total required number
of parking spaces for Arboretum Shopping Center (Site Plan 03-06), Planning Case #08-22, based
on adoption ofthe attached Findings of Fact and Recommendation."
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Exhibit A - Staffs Proposed Layout.
4. Amended Arboretum Village PUD (bold/strike-through format).
5. Ordinance Amending Arboretum Village PUD.
6. Public Hearing Notice and Affidavit of Mailing List.
g:\plan\2008 planning cases\08-22 arboretum shopping center minor pud amendment for drive-thru\staff report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Mark Leutem, KLMS Group, LLC for the following:
Request for Minor PUD Amendment to allow a drive-thru window; a site plan amendment to
add a drive-thru window; and a variance to the required number of parking spaces on property
zoned Planned Unit Development.
On October 21,2008, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Mark Leutem, KLMS Group, LLC for a Planned Unit
Development Amendment, Site Plan Amendment, and Variance. The Planning Commission
conducted a public hearing on the proposed application preceded by published and mailed notice.
The Planning Commission heard testimony from all interested persons wishing to speak and now
makes the following:
FINDINGS OF FACT
1. The property is currently zoned Planned Unit Development District.
2. The property is guided by the Land Use Plan for Commercial.
3. The legal description of the property is: Lot 2, Block 1, Arboretum Shopping Center.
4. In evaluating a site plan and building plan, the city shall consider the development's
compliance with the following:
a. Consistency with the elements and objectives of the city's development guides, including
the comprehensive plan, official road mapping, and other plans that may be adopted.
b. Consistency with this division.
c. Preservation of the site in its natural state to the extent practicable by minimizing tree
and soil removal and designing grade changes to be in keeping with the general
appearance of the neighboring developed or developing areas.
d. Creation of a harmonious relationship of building and open space with natural site
features and with existing and future buildings having a visual relationship to the
development.
e. Creation of functional and harmonious design for structures and site features, with
special attention to the following:
1
1) An internal sense of order for the buildings and use on the site and provision of a
desirable environment for occupants, visitors and general community.
2) The amount and location of open space and landscaping.
3) Materials, textures, colors and details of construction as an expression of the design
concept and the compatibility of the same with adjacent and neighboring structures
and uses.
4) Vehicular and pedestrian circulation, including walkways, interior drives and parking
in terms of location and number of access points to the public streets, width of
interior drives and access points, general interior circulation, separation of pedestrian
and vehicular traffic and arrangement and amount of parking.
f. Protection of adjacent and neighboring properties through reasonable provision for
surface water drainage, sound and sight buffers, preservation of views, light and air and
those aspects of design not adequately covered by other regulations which may have
substantial effects on neighboring land uses.
5. Planned Unit Development Amendment
The proposed amendment to the PUD is consistent with the guidelines outlined within the
comprehensive plan.
6. Variance
a) That the literal enforcement of this chapter would cause an undue hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
surroundings, shape or topography. Reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that there are pre-existing standards in this
neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet these criteria.
Findin2:: The literal enforcement of this chapter does not cause an undue hardship. The
applicant has the ability to provide parking spaces. All the retail facilities within this
development have provided the required number of spaces.
b) The conditions upon which a petition for a variance is based are not applicable, generally,
to other property within the same zoning classification.
Findin2:: The conditions upon which this variance is based are applicable to all properties
that lie within the Planned Unit Development (PUD) District.
c) The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
2
Findin2: The applicant has stated that they do not wish to incur the cost of replacing the
parking spaces. However, the variation is not based upon a desire to increase the value or
income potential of the parcel of land.
d) The alleged difficulty or hardship is not a self-created hardship.
Findin2: The variance is a self-created hardship. The applicant is requesting to remove the
parking spaces without replacing them.
e) The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Findin2: The granting of a variance will cause a parking problem.
f) The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Findin2: The proposed variation could cause traffic/circulation issues.
8. The planning report #08-22, dated October 21,2008, prepared by Sharmeen AI-Jaff, et aI, is
incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve Site Plan
Amendment and Planned Unit Development Amendment 2008-22 and deny Variance 2008-22.
ADOPTED by the Chanhassen Planning Commission this 215t day of October, 2008.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
3
Planning Case No.
08 ~'dd-.
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
. Chanhassen, MN 55317 ~ (952) 227-1100
CITY OF CHANHASSEN
RECEIVED
DEVELOPMENT REVIEW APPLICATION
SEP 1 9 2008
CHANHASSEN PLANNING DEPT
PLEASE PRINT
Applicant Name and Address: .
~;;M71J fL Y ILL-)/1 5 ~. vt Od . fJ L L. C
7#J;j;- C -'A/rv r2--~'6L..V(}_
c '>{k'~ JrlA/- ( ;-J/7
Contact: A/l- ?f'1L I . L-- E u 7P-~
Pl1one76.? r,:)-3 0/'- ?-(.?~Fax:7lbY.-J-,:".s-:-~ 7( k
Email: A/J;/- j/l... t. C-E (/771. M e 1feJ7J;i~ L..,
COM.
Owner Name and Address:
5"' ~~,
,
Contact:
Phone:
Email:
Fax:
NOTE: Consultation with City staff is required 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)
7 Variance (V AR)
(.I
Interim Use Permit (IUP)
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
,/ Planned Unit Development*
r It) 0
Rezoning
Zoning Appeal
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
i ~~/' , Site Plan Review (SPR).~~~
Subdivision*
*.. Notification Sign ~
i (City to install and remove)
X Es.crQW for Filing Fees/Attorney Cost"'*
C$50..-GUP/SPR/V ACN ARIW AP/Metes & Bounds
~O Minor SUB
c-c 00
TOTAL FEE $ (>~.:;:..;:---'
An additional fe of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies ofthe plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a digital 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, th appropriate fee shall be charged for
each application.
SCANNED
PROJECT NAME: ~ V2 ( l/ if (W(LU - 02- 7 /& ~- c E"u7u t/l c.-I- I:> L rJ tJ_
LOCATION: 77~r CE~7zI~V !5Lt/() ,
LEGAL DESCRIPTION AND PID: ~ J S-, (!) 0 '7(;) 0 d 0
TOTAL ACREAGE:
WETLANDS PRESENT:
REQUESTED ZONING:
YES ~ NO
(Lk- -'Tk l L
'5)~JL-
PRESENT ZONING:
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST:
5~ L-e.
lJ VI.- ( VY2 - 'TJtyl.. u
TJ!J' /1/ At-u. ;r- r
Alif&tJ IIIJ
)~
stEcr../ulf
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.-7S.. written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application. c_
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the-best of
my knowledge.
9---/1---00 .
Date
-----... .
?/p/~ 2 /
Date
SCANNED
G:\PLAN\Forms\Development Review Application.DOC
Rev. 1/08
EXHIBIT A
STAFF'S PROPOSED LAYOUT
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Adopted 7/28/03
Amended 10/13/08
EXHIBIT C
ARBORETUM VILLAGE
PUD DEVELOPMENT DESIGN STANDARDS
a. Intent
The purpose of this zone is to create a PUD neighborhood commercial zone. 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 structure proposed
for development shall proceed through site plan review based on the development standards
outlined below. A specific lighting and sign plan shall be submitted prior to final plat.
b. Permitted Uses
The permitted uses within the neighborhood commercial zone should be limited to appropriate
commercial and service uses consistent with the neighborhood. 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
Planning Director shall make that interpretation. The type of uses to be provided on these lots
shall be low intensity neighborhood oriented retail and service establishments to meet daily
needs of residents. 8\:1eh \:1ses may iael\:1de small to medmm sized restamaHt (00 drive th..i:l
wiado....:s), offiee, day care, neighborhood scale commercial, eonyenienee store, elmrehes, or
other similar type and scale uses as deseribed in the Comprehensive Plan. Such uses may
include the following:
. Small to medium-sized restaurant without drive-thru windows unless they meet the
following standards:
(a) They shall not be located adjacent to any residential lot lines.
(b) They shall be provided with a suitable visual screen from adjacent properties.
(c) Stacking shall be provided within applicable parking lot setbacks.
(d) Stacking shall meet the following standards:
(1) Fast Food Restaurant: six cars per aisle.
(2) Banks: three cars per aisle.
(3) Pharmacy: two cars per aisle.
(4) All other uses: two cars per aisle.
(e) The City may require a vehicle stacking study to determine whether more or less
stacking shall be required for a particular use.
(t) Stacking areas shall not interfere with vehicular circulation in the parking lot nor
encroach into any required drive aisles.
(g) Speaker or intercom system shall not be audible at the property line.
. Office
Day care
C-l
. Neighborhood scale commercial
. Convenience store
. Churches
. Other similar type and scale uses as described in the Comprehensive Plan.
No single use shall exceed 5,000 square feet.
c. Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines. The following
table displays those setbacks.
Setback Required Minimum Proposed
From Collector Street 50 feet 50 feet
From Exterior Lot Lines 30 feet 30 feet
Interior Public Right-of-Way 30 feet 7 variance was granted by
the City Council
Hard Surface Commercial 70% 68.3%
Parking Setback if screening is 10 feet 10 feet
provided
d. Building Materials and Design
Commercial
1. All materials shall be of high quality and durable. Brick shall be used as the principal
material and must be approved to assure uniformity with the residential uses.
2. Metal standing seam siding will not be approved except as support material to one of the
above materials.
3. All accessory structures shall be designed to be compatible with the primary structure.
4. All roof-mounted equipment shall be screened by pitched roofs. Wood screen fences are
prohibited. Screening shall consist of compatible materials.
5. All buildings on the commercial site shall have a pitched roof line.
6. All mechanical equipment shall be screened with material compatible to the building.
e. Signage Criteria
Monument Sign
1. Lot 1 shall not contain any monument signs. In return, the applicant shall be permitted to
place a lO-foot high sign with a maximum area of 48 square feet along Highway 5 on Lot 2.
C-2
a. An electronic message center sign may be permitted as part of the 48 square-foot sign
display area in lieu of alternative temporary signage and shall comply with the following
standards:
1. No electronic message center sign may be erected that, by reason of position, shape,
movement or color interferes with the proper functioning of a traffic sign, signal or
which otherwise constitutes a traffic hazard.
11. Electronic message center displays shall not exceed 5,000 Nits between the hours of
civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of
civil sunset and civil sunrise.
111. Electronic message center signs shall not cause direct glare nor become a
distraction due to excessive brightness.
IV. The lamp wattage and luminance level in candelas per square meter (Nits) shall be
provided at the time of permit applications.
v. There shall be no electronic message center signs in the front setback area within 50
feet of a street intersection (as measured from intersecting right-of-way lines) or
within 125 feet of a residential district, except where lighting for such sign is
indirect or diffused and in no way constitutes a traffic hazard.
VI. Electronic and non-electronic message center sign display area used on a sign shall
not exceed a total of 40 square feet or 25 percent of the allowable sign area,
whichever is less. The message displayed on electronic message center signs shall
be depicted in one statement and not a continuing sentence or flow of information.
Flashing, scrolling, special effects or animated scenes on electronic reader boards
shall be prohibited.
Vll. Electronic message center sign LED display use for signs within 500 feet of single-
family residential homes shall be limited to the hours between 6:00 a.m. and 10:00
p.m.
Vll1. Temporary signage other than that depicted on the LED display is prohibited for
tenants on Lot 1.
2. Lot 2 will contain one monument sign at the intersection of Highway 5 and Century
Boulevard. The height of the sign shall not exceed 5 feet with an area of 24 square feet.
3. All signs shall be built of materials similar to those used on the exterior of the buildings and
complement their architectural design. The signs must maintain a minimum 10 foot setback
from the property lines.
Wall-Mounted Signs
1. Building "A" shall be permitted signage along the south and west elevations only.
2. Building "B" shall be permitted signage along the west and south elevations only.
3. The gas pump canopy shall not be permitted to have any signage.
4. The carwash shall be permitted to have one sign along the south or east elevation.
5. All signs require a separate permit.
C-3
6. The signage will have consistency throughout the development and add an architectural
accent to the buildings. Consistency in signage shall relate to color, size, materials and
heights.
7. Back-lit individual letter signs are permitted. Individual letters may not exceed 30 inches in
height.
8. Only the name and logo ofthe business occupying the building will be permitted on the sign.
9. The applicant must obtain a sign permit prior to erecting the signs on the site. A detailed
sign plan incorporating the method of lighting, acceptable to staff should be provided prior to
requesting a sign permit.
g:\plan\2008 planning cases\08-22 arboretum shopping center minor pud amendment for drive-thru\design standards revised IO-13-08.doc
C-4
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. -----
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
BY AMENDING A PLANNED UNIT DEVELOPMENT
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby
amended by amending the Arboretum Village Planned Unit Development Design Standards,
Section b. Permitted Uses, to read as follows:
PUD DEVELOPMENT DESIGN STANDARDS
b. Permitted Uses
The permitted uses within the neighborhood commercial zone should be limited to appropriate
commercial and service uses consistent with the neighborhood. 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
Planning Director shall make that interpretation. The type of uses to be provided on this outlot
shall be low-intensity neighborhood-oriented retail and service establishments to meet daily
needs of residents. Such uses may include the following:
. Small to medium-sized restaurant without drive-thru windows unless they meet the following
standards:
(a) They shall not be located adjacent to any residential lot lines.
(b) They shall be provided with a suitable visual screen from adjacent properties.
(c) Stacking shall be provided within applicable parking lot setbacks.
(d) Stacking shall meet the following standards:
(1) Fast Food Restaurant: six cars per aisle.
(2) Banks: three cars per aisle.
(3) Pharmacy: two cars per aisle.
(4) All other uses: two cars per aisle.
( e) The City may require a vehicle stacking study to determine whether more or less stacking
shall be required for a particular use.
(t) Stacking areas shall not interfere with vehicular circulation in the parking lot nor
encroach into any required drive aisles.
(g) Speaker or intercom system shall not be audible at the property line.
. Office
. Day care
. Neighborhood scale commercial
1
. Convenience store
. Churches
. Other similar type and scale uses as described in the Comprehensive Plan.
No single use shall exceed 5,000 square feet.
Section 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 10th day of November,
2008.
ATTEST:
Todd Gerhardt, Clerk/Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
,2008.
2
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
October 9, 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 Arboretum Shopping Center PUD Amendment to allow a Drive Thru -
Planning Case 08-22 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
thi~ day ofOc..-k~ r ,2008.
- ~.
I
KIM T. MEUWISSEN I
Notary Public-Minnesota
. My Commission Expires Jan 31, 2010
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ALSHOUSE PROPERTIES LLC
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