CC Staff Report 8-10-09
CITY OF
CHANHASSEN
7700 Markel 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
~
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM:
Sharmeen AI-Jaff, Senior Planner
DATE:
f)~
August 10, 2009
SUBJ:
Land Use Plan Amendment to re-guide property from
Commercial to Office Industrial located northeast of Highway 5
and southwest of the intersection of Kerber Boulevard and Picha
Drive (West One) - Planning Case No. 09-09
RECOMMENDA TION
Staff and the Planning Commission recommend the City Council adopt the
following motion:
"The City Council approves the first reading of the re-guiding of Lot I, Block
1, West One Addition (highlighted property shown in Exhibit A) from
Commercial to Office Industrial."
City Council approval requires a majority of City Council present.
Staff discovered inconsistencies between the "City of Chanhassen 2030 Land Use
Plan" and the existing use on the subject property. Staff is proposing to process a
land use plan amendment to re-guide the property from Commercial to Office
Industrial. This land use plan amendment will make the existing uses consistent
with the land use plan.
The subject site is zoned Planned Unit Development (PUD) and is located
northeast of Highway 5 and southwest of the intersection of Kerber Boulevard
and Picha Drive.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
West One Land Use Plan Amendment
Planning Case 09-09
August 10, 2009
Page 2 of 4
BACKGROUND
On June 28, 1993, the City Council approved Comprehensive Plan Amendment #93-1 changing
the Land Use Designation of the property shown in vertical lines from Commercial to Office
Industrial. On September 22, 1993, the Metropolitan Council approved the request (see
Attachment 1). This change was never reflected on any land use map.
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Communities in the metropolitan area must notify adjacent local government units and school
districts of proposed comprehensive plan amendments before they take action on the proposals.
Communities have 60 days to comment on a request. All respondents have waived comments on
the amendment. Staffhas been notified by the Metropolitan Council that this amendment is
minor and, as such, they have waived the requirement for other adjacent local government units
and school districts to comment on this request.
This amendment will require Metropolitan Council approval following city action.
PLANNING COMMISSION ACTION
On July 21,2009, the Planning Commission reviewed and voted unanimously to recommend
approval of the proposed land use amendment.
The Planning Commission minutes for July 21, 2009 are item 1 a of the City Council packet.
West One Land Use Plan Amendment
Planning Case 09-09
August 10, 2009
Page 3 of4
ANAL YSIS
The parcel has an area of 2.2 acres and is occupied by a light industrial building. The building
has an area of 36,289 square feet. Current occupants of the building include:
· Hansen Home Tech (Home design, build, and remodel)
. Seal Tech Industries (manufacture rubber gaskets)
. lronman Machine Company
. Southwest Music (music lessons)
. Sea-Legs (Pontoon Lift)
. Clear Water (Irrigation system)
. Otto Painting Design (specialized painting techniques)
This parcel is located east of Target, west of Market Square and south of Carver County Service
Center. It is bordered to the south by Highway 5 right-of-way. This site has limited visibility
and is not suitable for retail uses. Historically, it has always had light industrial uses which are a
permitted use under the PUD ordinance that governs this development (see Attachment 2).
Approval of this amendment will require Metropolitan Council approval following city action.
RECOMMENDATION
Staff and the Planning Commission recommend the City Council adopt the following motion:
"The City Council approves the first reading of the re-guiding of Lot 1, Block 1, West One
Addition (highlighted property shown in Exhibit A) from Commercial to Office Industria1."
Exhibit A
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ctm COM'.IERICAL
~ OFFICE
IIfII OFFICE INDUSTRiAl
.. MIXED
ESS RESIDENTIAL LIlRGE LOT
~ RESIDENTIAL LON DENSITY
(;21 RESIDENTIAL MEDIU\\ DENSITY
.. RESIDENTIAL HIGH DENSITY
[~l AGRICULTURE
.. PARKS OPEN SPACE
.. PUBLIC SEMI PU3UC
West One Land Use Plan Amendment
Planning Case 09-09
August 10, 2009
Page 4 of 4
ATTACHMENTS
1. Letter from Metropolitan Council dated September 22, 1993.
2. Planned Unit Development Ordinance governing the Site.
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METROPOLITAN COUNCIL
Mears Park Centre, 230 East Fifth Street; St. Paul, MN 55101-1634 612 291-6359 FAX 612 291-6550 TIT 612 291-0904
September 22, 1993
Paul.Krauss, Planning Director
690 Coulter Drive
Box 147
Chanhassen, MN 55317-0147
RE: City of Chanhassen
Comnrehensi~le Plan PJJnendment Revic\v
..
Chaska Machine and Tool, Inc. I West One
Metropolitan Council Referral File No. 15865-1
Dear Mr. Krauss:
At its meeting on September 16, 1993, the Metropolitan Council considered the city of
Chanhassen's comprehensive plan amendment. This consideration was based on a repott'bf the
Committee of the Whole Consent List. A copy of this report is attached.
The Council approved the following recommendations contained in the above report:
,
1. That the Metropolitan Council transmit these comments to the city of Chanhassen.
2. That the Metropolitan Council inform the city that before the Council will allow any
other major plan amendments to go into effect, the city must incorporate policies to its
stormwater management plan to support the necessary land use controls and submit the
sotrmwater plan for Council review.
Attached is a copy of a letter from the Metropolitan Waste Control Commission commenting on
the plan amendment.
Sincerely,
~~
Dottie Rietow
Chair
DR:lv
Attachments
cc: Shermin AI-Jeff, City of Chanhassen
Donald Bluhm, Metropolitan Waste Control Commission
Victoria Flood, Metropolitan Council Staff
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CITY ()f
Metropolitan Council Meeting of September 16, 1993
Business Itein: A - 2b
METROPOLITAN COUNCIL
Mears Park Centre, 230 East Fifth St., St. Paul, Minnesota 55101
612/291-6359
REPORT OF THE
COMMI'l'l'EE OF THE WHOLE
DATE: September 10,1993
TO: Metropolitan Council
SUBJECI': Consent List Item
City of Chanhassen COmprehensive.Plan Amendment
Chaska Machine and Tool
Metropolitan Council Referral File No, 15865-1
Metropolitan Council District No, 4
BACKGROUND
This plan amendment proposes to change the land use designation of 2.2 acres from Commercial to
Office and Industrial, The city has amended its land use controls to incorporate the Council's Interim
Strategy for Nonpoint Source Pollution Reduction, The city will implement these controls in review
of this. proposed development. The city will adopt a revised stormwater management plan in October,
1993, incorporating the necessary policies to support the land use controls recommended in ~he
Council's interim strategy.
Because this is a minor plan amendment, the Chair informed the city of Chanhassen on
September 10, 1993 that it may adopt the amendment.
The amendment is in conformity with metropolitan system plans and other chapters of the
Metropolitan Development Guide.
RECOMMENDATION
That the Metropolitan Council:
1. Transmit these comments to the city of Chanhassen.
2. Inform the city that before the Council.will allow any other niajor plan.amendments
to go into effect, the city must incorporate policies to its stormwater management plan
to support the necessary land use controls and submit the stormwater plan for Council
review.
Respectfully submitted,
Kevin Howe, Vice Chair
Committee of the Whole Meeting of September 9, 1993
Business Item: A-I
METROPOLITAN COUNCIL
Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101
612291-6359 IDD 612 291-0904
DATE:
August 31, 1993
TO:
Metropolitan Council Committee of the Whole
FROM:
Comprehensive Planning (Victoria Flood, 291-6621)
SUBJECT:
Consent List Item
City of Chanhassen Comprehensive Plan Amendment
Chaska Machine and Tool
Metropolitan Council Referral File No. 15865-1
Metropolitan Council District No.4
BACKGROUND
This plan amendment proposes to change the land use designation of 2.2 acres from Commercial to
Office and Industrial. The city has amended its land use controls to incorporate the Council's Interim
Strategy for Nonpoint Source Pollution Reduction. The city will implement these controls in review
of this proposed development. The city will adopt a revised stormwater management plan in October,
1993, incorporating the necessary policies. to support the land use controls recommended in the
Council's interim strategy.
Because this is a minor plan amendment, the Chair informed the city of Chanhassen on
August 31, 1993 that it may adopt the amendment.
The amendment is in. conformity with metropolitan system plans and other chapters of the
Metropolitan Development Guide.
RECOMMENDATIONS
That the Metropolitan Council:
1. Transmit these comments to the city of Chanhassen.
2. Inform the city that before the Council will allow any other major plan amendments
to go into effect, the city must incorporate policies to its stormwater management plan
to support the necessary land use controls and submit the stormwater plan for Council
review.
,tJt
OM"
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PLANNED UNIT DEVELOPMENT AGREEMENT
AGREEMENT dated this 28th day of June, 1993, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and WEST ONE PROPERTIES,
a Minnesota general partnership ("Developer").
1. REQUEST FOR APPROVAL. The Developer has asked the City to rezone the
land encompassed in the WEST ONE ADDITION ("subject property") to planned unit
development ("PUDIt).
2. CITY APPROVAL. The City hereby grants PUD approval subject to the terms
of this Agreement.
3. PURPOSE. The purpose of this zone is to create a PUD that will allow the
expansion of an existing office/light manufacturing use. It is intended that this use be
operated and maintained to preserve its low intensity character to ensure its compatibility
with surrounding uses and the greater Chanhassen Central Business District.
4. PERMITTED USES. Permitted uses are limited to the following:
. Light Manufacturing
. Retail
. Newspaper and Small Printing Offices
. Veterinary Clinic
. Animal Hospital
. Offices
5. STANDARDS.
A. Ught manufacturing is subject to the following limitations:
.
.
no visible emissions of smoke
no noise emissions exceeding the MPCA standards measured at
the property line
no outdoor, unscreened storage of materials, trash storage,
shipping pallets except for recycling materials
.
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01/20/94
CHAN:WEST ONE ADO.
. no overnight parking of semi-trailers or inoperable vehicles
. all parking must be accommodated on-site in a concealed location
behind the building.
B. Retail uses are subject to the following limitations:
. signage consistent with approved sign package
. retail uses must be consistent with the site's restricted parking.
6. BGZONING. Except as specifically provided herein, the subject property is
subject to the requirements of the BG, General Business District, zoning district as may be
amended.
7. EFFECT OF PLANNED UNIT DEVELOPMENT APPROV At. For two (2) years
from the date of this Agreement, no amendments to the City's Comprehensive Plan or
official controls shall apply to or affect the use, development, density, lot size, lot layout or
dedications of the development unless required by state or federal law or agreed to in writing
by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to
the contrary, to the full extent permitted by state law, the City may require compliance with
any amendments to the City's Comprehensive Plan, official controls, platting or dedication
requirements enacted aft,er the date of this Agreement.
8. COMPLIANCE WITH lAWS AND REGULATIONS. The Developer represents to
the City that the proposed development complies with all applicable City, County,
Metropolitan, State, and Federal laws and regulations, including but not limited to planned
unit development ordinance, subdivision ordinances, zoning ordinances, and environmental
regulations. The Developer agrees to comply with such laws and regulations.
9. ENFORCEMENT. The Developer shall reimburse the City for costs incurred in
the enforcement of this Agreement, including reasonable engineering and attorney's fees.
The Developer shall pay in full all bills submitted to it by the City within sixty (60) days after
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2
CHAN:WEST ONE ADO.
· receipt. If the bills are not paid on time, the City may halt all development work until the bills
are paid in full. Bills not paid within sixty (60) days shall be subject to an eight percent (8%)
per annum interest charge.
10. MISCELLANEOUS.
A. Breach of any material term of this Agreement by the Developer shall be
grounds for denial of building permits.
B. If any portion, section, subsection, sentence, clause, paragraph, or phrase
of this Planned Unit Development Agreement is for any reason held invalid as a result of a
challenge brought by the Developer, its agents or assigns, the City may, at its option, declare
the entire Agreement null and void and approval of the final planned unit development shall
thereby be revoked.
C. The action or inaction of any party shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers shall
be in writing, signed by the parties, and approved by written resolution of the City Council.
Any party's failure to promptly take legal action to enforce this Agreement after expiration
of time in which the work is to be completed shall not be a waiver or release.
D. This Agreement shall run with the land and shall be recorded in the
Carver County Recorder's office.
E. This Agreement shall be liberally construed to protect the pubHc's
interest.
F. This Agreement shall be binding upon the parties, their heirs, successors,
or assigns, as the case may be.
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01/20/94
CHAN:WEST ONE ADD.
3
G. The Developer represents to the City that the Planned Unit Development
is not of "metropolitan significance"and that a state environmental impact statement is not
required. However, if the City or another governmental entity or agency determines that a
federal or state impact statement or any other review, permit, or approval is required, the
Developer shall prepare or obtain it at its own expense. The Developer shall reimburse the
City for all expenses, including staff time and reasonable attorney's fees, that the City incurs
in assisting in preparation.
CITY OF CHANHASSEN
(SEAL)
WEST QNE PROPERTIES
! ...
AND
STATE OF MINNESOTA J
( ss.
COUNTY OF CARVER )
4 The foregoin.9. instrument w.as acknowledged before me this 17"'tA day of
...d'~, 1994, by Donald J. Chmiel and by Don Ashworth, the Mayor and City
Manager c(j the City of Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
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01/20/94
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I ~ MREN 1. ENGELHARD I ,
,. ~~i~:~\ NOTARY p[jBuc-r\~.'!NNESOTA 'I.
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CHAN:WEST ONE ADD.
4