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Zoning Letter 10-1-09 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 October 1, 2009 Community Bank Corporation Carver County Abstract & Title c/o Briggs and Morgan, P.A. Attention: Joyce Bartl 2200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Re: Lot 1, Block 1, Lifetime Fitness 2nd Addition, Carver County, Minnesota 2901 Corporate Place, Chanhassen, MN 55317 (Premises) To whom it may concern: This office has been requested to confirm certain facts and circumstances concerning the current zoning and land use and building compliance status of the above referenced Premises. In furtherance of that request, we hereby confirm and advise you as follows, to wit: 1. The above referenced Premises is located within the corporate limits of the City of Chanhassen, Carver County, Minnesota. Accordingly, the building and other improvements comprising the Premises is under the jurisdiction and are required to comply with the building codes, ordinances and regulations of the City of Chanhassen, Carver County, Minnesota. 2. The Premises is located in a district with zoning classification of Planned Unit Development, PUD, and a comprehensive plan designation of Office/Industrial. The zoning classification is consistent with the comprehensive plan designation. (See enclosed Design Standards) 3. The use of the Premises for fitness center and related office space uses is a permitted use under the aforesaid zoning classification and is consistent with the aforesaid comprehensive plan designation. 4. The premises use, as described above, complies with the above stated current zoning classification and all current zoning requirements and regulations applicable thereto, including parking, setback, building height and lot coverage requirements, and also complies with the above stated comprehensive plan designation and all requirements applicable thereto. Chanhassen is a Community for life - Providing for Today and Planning for Tomorrow Community Bank Corporation Re: 2901 Corporate Place October 1, 2009 Page 2 5. The improvements to the Premises as set forth on the approved Site Plan, Planning Case #04- 22, for a two-story, 109,000 square-foot health club with a pool, plans prepared by Alliant Engineering, Inc., dated 6/18/04, revised 7/28/04, were approved by the Chanhassen City Council of August 9, 2004, and comply with all setbacks and parking laws and regulations. 6. The Premises complies with the subdivision ordinances affecting it and can be conveyed without the filing of a plat or replat of the Premises. On November 13, 2007, the Chanhassen City Council approved the plat creating three lots (Life Time Fitness Second Addition), plans prepared by Alliant Engineering, Inc., dated September 14, 2007. 7. The Premises is located in Flood Zone C, which is not an area of high hazard for flooding and is considered an area of minimal flooding, Community Panel Number 2700510005 B, effective July 2, 1979. 8. There are no variances, conditional use permits, or special use permits required for the construction of the improvements on the Premises. Our review of the records of this office with respect to the Premises reveals no current active violations by the Premises of the zoning regulations or land use approvals applicable thereto, and no past violations of the same which remain uncured at this time. This information was researched by the undersigned on request as a public service. The undersigned certifies that the above information is believed to be accurate. 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 normal business hours. Should additional information be required of this office concerning the Premises, you may contact the undersigned at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. ~~ Robert Generous, AICP Senior Planner Enclosure g:\plan\2007 planning cases\07-24 lifetime fitness 2nd addition\zoning letter 3.doc Adopted 7/28/98 Amended 7/26/99 Amended 8/13/01 Amended 12/1 % 1 Amended 4/14/03 Amended 8/23/04 Amended 06/09/08 EXHIBIT C ARBORETUM BUSINESS PARK DEVELOPMENT DESIGN STANDARDS Development Standards a. Intent The purpose of this zone is to create a PUD light industrial/office park. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. Photo- composite images of proposed development adjacent to Highways 5 and 41 shall be submitted as part of the review process. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as listed below if they are ancillary to a principal use on the individual lot. Commerciallretail uses are prohibited except those uses specifically noted below. b. Permitted Uses The permitted uses in this zone should be limited to light industrial, warehousing, office and other uses as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the City Council shall make that interpretation. Permitted uses shall be allowed on the different Blocks and Lots for which they are specified below. The Blocks and Lots specified below are those designated on the attached PUD plan. The Block and Lot designations in final plats approved for phases of development may differ from those specified below. However, the permitted uses shall continue to be those specified below for the Lots identified in the PUD plan. Light Industrial - The manufacturing, compounding, processing, assembling, packaging, printing, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. (Lots 3, 4, and 5, Block 1; Lot 1, Block 2; Lots 1, 2, 3, and 5 , Block 4; and the Wrase property) (Amended 12/10/01) Warehousing - Means the commercial storage of merchandise and personal property. (Lots 3, 4, and 5, Block 1; and Lots 1,2,3, and 5, Block 4) Office - Professional and business office. (Lots 1,2,3,4, and 5, Block1; Lot 1, Block 2; Lot 1, Block 3; Lots1, 2, 3,4, and 5, Block 4; and the Wrase property) Health Services - establishments primarily engaged in furnishing medical, surgical and other health services to persons. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) Conferences/Convention Center - establishments designed to accommodate people in assembly, providing conference and meeting services to individuals, groups, and organizations. (Lot 5 , Block 4) Indoor Recreation/Health Club - establishments engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other physical fitness conditioning. (Lots 3,4 and 5, Block 1; Lot 1, Block 3; and Lots 2, 3, 4 and 5, Block 4) (Amended 12/10/01 and 8/23/04) Hotel/Motel - establishments engaged in furnishing lodging, or lodging and meals, to the general public. (Lot 1, Block 3; and Lot 4, Block 4) Utility Services - Water towers and reservoir. (Lots 3,4, and 5, Block 1; Lots 1,2, and 3, Block 4; and the Wrase property) Recording Studio - Lots 3, 4 and 5, Block 1; Lots 2 and 3, Block 4. (Amended 12/10/01) Commercial Uses (permitted on lots specified as commercial in development standards tabulation box) 1. Restaurant, permitted on Lot 1, Block 3 or Lot 4, Block 4. (One stand alone restaurant.) 2. Convenience store with or without gas pumps, not to exceed 12,000 square feet, on Lot 1 or 2, Block 1, only. (One convenience store.) 3. Banks, with or without drive up windows (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) 4. Day Care - establishments providing for the care and supervision of infants and children on a daily basis. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) 5. Auto service center, auto body repair is prohibited (Wrase) (amended 8/13/01) 6. Personal Services (amended 4/14/03) 7. Pet Kennel and/or clinic (Lot 2, Block 1) (amended June 9, 2008) Ancillary Uses (in conjunction with and integral to a primary use) 2 1. Fast Food (no drive-through and only in conjunction with and integral to a convenience store ). 2. Restaurant (only in conjunction with hotel/motel or convention/conference center). 3. Showroom - showroom type display area for products stored or manufactured on-site provided that no more than 20 percent of the floor space is used for such display and sales. [for entire development]. (Amended 8/25/97) 4. Telecommunication Towers and Antennas by conditional use permit only. 5. Car wash, in conjunction with convenience store. 6. Day Care Interim Uses (Amended 7/26/99) Church facilities, i.e., assembly or worship halls and associated office, meeting, and other required spaces, subject to the following criteria: 1. The church shall 1).ot occupy more than six percent (6%) of the one building on Lots 3 and 4, Block 2, Arboretum Business Park 2nd Addition. 2. The church congregation may not exceed 200 adult members. 3. Shall be reviewed and approved in accordance with the same procedures specified in the city code for conditional use permits. Prohibited Uses (Amended 12110/01) . Contractors Yard . Lumber Yard . Home Improvement/Building Supply . Garden Center . Auto related including sales and repair, except on the Wrase property (amended 8/13/01) . Home furnishings and equipment stores . General Merchandise Store . Vocational School . Public buildings, except on Outlots A and B, which are public park land . Screened outdoor storage . Food processing c. Setbacks 3 The development is regulated by the Highway 5 and the PUD Standards. There are no minimum requirements for setbacks on interior lot lines in the PUD zone. The following setbacks shall apply: Street Frontage Highways 5 & 41 Coulter & Century Boulevards 82nd & West Local 30/20 NA *Lot 5 , Block 4, must only meet the maximum setback on one Highway frontage. The average hard surface coverage does not include Outlots A and B. The PUD standard for hard surface coverage is 70% for office and industrial uses. Anyone site/lot can exceed the 70 percent requirement but in no case can the entire finished development exceed 70 percent. d. Development Standards Tabulation Box 1. Building Area Building Size/F AR (s uare feet) Lot 3, Block 1 10.02 131,006 262 Lot 4, Block 1 5.45 71,218 142 Lot 5, Block 1 4.41 57,688 115 Lot 1, Block 4 4.38 57,199 114 Lot 2, Block 4 5.40 70,597 141 Lot 3, Block 4 8.98 117,371 235 Lot 1, Block 2 12.23 159,822 320 Lot 5, Block 4 23.20 (.4 FAR) 404,279 (3/1 000 4 LOTIUSE ACRES Building Size/FAR PARKING (s uare feet) Lot 2, Blockl 2.32 15,180/30,320 (4/1000) 61 Lot 4, Block 4 4.06 26,536/ 53,060 (5/1000) 133 Office/Hotel Lot 1, Block 3 6.41 (.lOFAR) 27937 / (16/1000) 447 Restaurant/Office 83,770 Commercial sites may develop as office-industrial uses. Square footage for individual lots may be reallocated within the development, by type, provided the maximum square footage is not exceeded. Building Square Footage Breakdown Office 31% 368,000/(432,000) Light Industrial 31% 368,000/(432,000) Warehouse 31% 368,000/(432,000) Commercial 7% 81,000/(0) Total 100% 1,186,000 / (1,295,000) *includes the Wrase property. () represents conversion of commercial uses to office-industrial uses 2. More than one (1) principal structure may be placed on one (1) platted lot. 3. Building height shall be limited to 3 stories or 40 feet. 4. Lot 5, Block 4, , is intended to accommodate a major corporate headquarters or office, research, high end manufacturing with limited warehousing type user. While the majority of the development is based on 30 percent office space, Lot 5 must have a minimum of 40 percent office use and include multi-story building(s). e. Building Materials and Design 1. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All mechanical equipment shall be screened with material compatible to the building. 5 2. All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels and not painted cinder block. 3. Brick may be used and must be approved to assure uniformity. 4. Block shall have a weathered face or be polished, fluted, or broken face. 5. Concrete may be poured in place, tilt-up or pre-cast, and shall be finished in stone, textured, coated, or painted. 6. Metal siding will not be approved except as support material to one of the above materials or curtain wall on office components or, as trim or as HV AC screen. 7. All accessory structures shall be designed to be compatible with the primary structure. 8. All roof mounted equipment shall be screened by walls of compatible appearing material or camouflaged to blend into the building or background. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. 9. The use of large unadorned, pre-stressed concrete panels and concrete block shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. The buildings shall have varied and interesting detailing. The use of large unadorned, concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall and its views from public ways shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. 10. Space for recycling shall be provided in the interior of all principal structures or within an enclosure for each lot developed in the Business Center. 11. Each buildings shall contain one or more pitched roof elements depending on scale and type of building, or other architectural treatments such as towers, arches, vaults, entryway projections, canopies and detailing to add additional interest and articulation to structures. 12. There shall be no underdeveloped sides of buildings visible from public right-of-ways. All elevations visible from the street shall receive nearly equal treatment and visual qualities. f. Site Landscaping and Screening 1. Landscaping along Highways 41 and 5 shall comply with Buffer yard standard C. Coulter Boulevard, Century Boulevard, and West 82nd Street shall comply with Buffer yard standard B. 6 The master landscape plan for the Arboretum Business Park (formerly Gateway) PUD shall be the design guide for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. 2. Storage of material outdoors is prohibited unless it has been approved under site plan review. All approved outdoor storage must be screened with masonry fences and/or landscaping. 3. Undulating or angular berms or elevation changes of 3' in height shall be placed along Coulter Boulevard, and Century Boulevard. The berms shall be sodded or seeded at the conclusion of each project Phase grading and utility construction. The required buffer landscaping may be installed incrementally, but it shall be required where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. 4. Loading areas shall be screened 100 percent year round from public right-of-ways. Wing walls may be required where deemed appropriate. g. Signage 1. All freestanding signs be limited to monument signs. The sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material throughout the development. The applicant should submit a sign package for staff review. 2. Each property shall be allowed one monument sign per street frontage. 3. The signage will have consistency throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. 4. Consistency in signage shall relate to color, size, materials, and heights. 5. The Arboretum Business Park PUD shall be permitted two Arboretum Business Park identification signs. One sign per project entrance, at West 82nd and Century Boulevard and at Highway 41 and the westerly roadway, shall be permitted. Said sign shall not exceed 80 square feet in sign area nor be greater than eight feet in height. 6. Wall sign shall be permitted per city ordinance for industrial office park site. 7. All signs shall require a separate sign permit. 8. In addition to the two signs identified in g. 5. above, signage for the main entrance on Highway 5 and Century Boulevard shall be reviewed and approved by the Planning Commission and City Council. h. Lighting 7 1. Lighting for the interior of the business center should be consistent throughout the development. The street lights should be designed consistent with the existing lighting along the existing Coulter Boulevard. 2. A decorative, shoe box fixture (high pressure sodium vapor lamps or metal halide lights) with a square ornamental pole shall be used throughout the development area for area lighting. 3 Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. 3. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the property line. This does not apply to street lighting. i. Alternative Access 1. Each site shall accommodate transit service within the individual development whenever possible. 2. Pedestrian access shall be provided from each site to the public sidewalk and trail system. 3. The developer and site users shall promote and encourage Traffic Demand Management Strategies. 4. Each site shall provide areas for bicycle parking and storage. 8 a:I :;) "" u larlX U_~ iI~iil ~cjx .!l 'g- ~ 'i i:~ 4J .g t- :! ~: ~- ~'.~ ffi ex ~ t') ~ - II) ........ QII<< l ~ 0> el 10 (Q ..<'f (at')"'" <<i<<i~ 110 'It... II II II U).~> J-i;> gn;~ a 55, ~ :I a iii ~ ~ ~. ~ .""..;:;. .B II" Ee e .~ J}r.1011> II ~ o J- - It) I- 9 cr <(en z p: ..J 0: 0: llJ <tc(owz> wa:a.~o z lal-~:Jt 8 ~. o:~ Ud;:)"" ~ ~ ~~~8 ~z 15 11:0 - ~ ~ ~ ~(,) W LL Z 8 _.~ .... w :> (')1I)~ ~ ffi ~ .:. c? g: 0 0 u:: .~ f!!. ~ ili ~ ~ 000 ~ :i ........~ s= i= ::> 9 ~ (f) (f) w .Z~ ~ <:>ffi ~tO~ ~ ~ O~~ ::>,..< ~w5 IX: o a:I IX: <C." ... S ~ tI'i ~ ~ ~ ~ .. o. . .f; us (,) ii: LL o ..J S 0: ,I- -~ 1-0 OZ ....- !firw o r )O:w >- 'AU.. .....iI!(UU t:: .~en!f). ZUu::= :::! Q <t~ c( ~ II. ::; I- .....<lJ ..~ DO U :;) BRIGGS N MORGAN 2200 IDS Center 80 South 8th Street Minneapolis MN 55402-2157 tel 612.977.8400 fax 612.977.8650 BRIGGS October 2, 2009 RECEIVED OCT 6 2009 C1TY OF CHANHASSEN Joyce M. Bartl 612.977.8516 jbartl@briggs.com VIA US MAIL Mr. Bob Generous City of Chanhassen / Planning Department 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 RE: REQUEST FOR ZONING LETTER - 2901 CORPORATE PLACE, CHANHASSEN, MN (LIFE TIME FITNESS) Dear Bob: Pursuant to my earlier request for a zoning letter, enclosed is a check in the amount of $25.00. Thank you for your assistance. If you should need any additional information, please contact me. Sincerely, Joyce 'Bart{ Joyce M. Bartl Paralegal Attachment 2411485v2 Briggs and Morgan, Professional Association Minneapolis I St. Paul I www.briggs.com Member - Lex Mundi, a Global Association of Independent Law Firms Inv Date Oct 01/09 Client 33470 Matter 00015 Briggs and Morgan Professional Association G/L Aeet Check #: 222820 Narrative Zoning Letter. VENDOR: City of Chanhassen; IN Invoice: 100109 Check Totals: THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE. IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. Amount 25.00 Inv Total 25.00 $25.00 Detach and Retain this Statement ... '" '" '" co co CITY OF CHANHASSEN POBOX 147 CHANHASSEN MN 55317 10/06/2009 9:55 AM Receipt No. 0111477 CLERK: katie PAYEE: Briggs and Morgan Zoning Letter Use & Variance 25.00 Total 25.00 Cash Check 222820 0.00 25.00 Change 0.00