CC Minutes 07-23-03
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City Council Summary - July 28, 2003
.CLEARWATER DEVELOPMENT. NORTHEAST CORNER OF THE INTERSECTION
'oF .IDGHW A YS 5 AND CENTURY BOULEVARD (SOUTH OF WEST 78TH STREET):
A. PHASE I: PRELIMINARY PLAT OF AN OUTLOT INTO 2 LOTS: SITE PLAN
REVIEW FOR THE CONSTRUCTION OF A CAR WASH. COFFEE SHOP/GAS
STATION/CONVENIENCE STORE AND STRIP MALL: CONDITIONAL USE
PERMIT TO ALLOW A CONVENIENCE STORE WITH GAS PUMPS WITH
VARIANCES: AND A PLANNED UNIT DEVELOPMENT AMENDMENT TO
ALLOW A DRlVE- THRU.
B.PHASE II: PRELIMINARY PLAT OF AN OUTLOT INTO 1 LOT WITH AN
AREA OF 1.95 ACRES: SITE PLAN REVIEW WITH VARIANCES FOR A
MULTI-TENANT BUILDING ON PROPERTY ZONED PLANNED UNIT
DEVELOPMENT.
:Public Present:
Name
Address
Michael Thomas
Scott Schmitt
Kathleen Heller
David & Jenn Forbes
548 Apollo Drive, Lino Lakes
24 So. Olive Street, WacoDia
4536 35111 Avenue, Minneapolis
437 Shakopee Avenue E, Shakopee
Kate Aanenson reviewed the action from last meeting and what staff had done preparing criteria
for a drive thru. She showed comparable drive thru locations from Eden Prairie and the stacking
associated with those. The applicant was available to answer questions. Councilman Peterson
stated he liked the proposal with the exception of the drive thru. Councilman Ayotte stated he
was leaning towards approving the drive thru with some reservations. Mayor Furlong asked for
clarification that a drive thru could be located in other zoning districts of town. Councilman
Lundquist stated he was in favor of the proposal with the exception of the drive thru. Mayor
Furlong stated his position hadn't changed from the last meeting in that the city should either
allow drive thru's in the area or not, and it should not be dependent on what type of business it is.
. He also asked for staff clarification on the location of the crosswalk into the site. In discussing it
with public safety, they felt there was going to be people using that area as a crosswalk anyway
so it might as well have a crosswalk and sidewalk to make it safe.
;Councilman Peterson moved, Councilman Lundquist seconded that the City Council
approves the Planned Unit Development amendment in the commercial portion of
.Arboretum Village, clarifying parking setbacks and establish sign criteria for both
Arboretum Village and Vasserman Ridge, contingent upon approval of the final plat of
Arboretum Shopping Center as follows:
ARBORETUM VILLAGE PLANNED UNIT DEVELOPMENT AMENDMENT
WITHOUT DRIVE THRU:
Arboretum Village (1992-2 PUD)
PUDDEVELOP:MENT STANDARDS
b. Permitted Uses
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,City Council Sunnnary - July 28, 2003
The permitted uses within the neighborhood connnercial zone.should be limited to. appropriate
connnercial 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 connnercial, 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. .'
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 granted by City
Council
Hard Surface Connnercial . 70% 68.3%
Parking Setback if screening is provided 10 feet 10 feet
. e. Signage Criteria
Monument Sign
1. Lot 1 shall not contain any monument signs. In return, the applicant shall be permitted to
place a 10 foot high sign with a maximum area of 48 square feet along Highway 5 on Lot
2.
2. Lot 2 will contain one nlonument 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 signagealong 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 pemiit. .
6. The sign age 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. mdividualletters may not exceed 30 inches
in height.
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City Council Summary - July 28~ 2003
8. Only the name and logo of the business occupying the building will be pennitted on the
SIgn.
9. The applicant must obtain a sign pennit 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 pennit.
Vasserman Ridge (2002-2 POO):
POO DEVELOPMENT STANDARDS
c. Setbacks
The POO 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
InteriorPublic Right-of-Way 30 feet 60 feet
Hard Surface Commercial 70% Not available at this time
Parking Setback if screening is provided 10 feet 10 feet
e. Sign Criteria
Monument Sign
1. Lot 3 will have one monument .sign facing Highway 5. The height of the sign shall not
exceed 5 feet with a maximum area of 24 square feet.
2. The base of the sign shall be built of materials similar to those used on the exterior of the
buildings and compliment their architectural design. The signs must maintain a minimum
10 foot setback from the property lines. -
Wall Mounted Signs
1. Building "C" shall be pennitted signage along the west and south elevations only.
2. All signs require a separate pennit.
3. 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.
4. Back-lit individual letter signs are pennitted. Individual letters may not exceed 30 inches
in height. -
5. Only the name and logo of the business occupying the building will be pennitted on the
sign.
6. 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 pennit.
All voted in favor and the motion carried unanimously with a vote of 4to o.
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City Council Summary - July 28, 2003
Councilman. Lundquist moved, Councilman Ayotte seconded that the City Council
approves ConditionaJUse Permit #2003..;2 CUP to allow the construction of a convenience
store with .gas pumps on Lot 2, Block 1, Arboretum Shopping Center, with the following
. conditions:
1. No unlicensed or inoperable vehicles shall be stored on premises.
2. No repair, assembly or disassembly of vehicles.
3. No public address system shall be audible froill any residential parcel.
4. Gas pump stacking area deemed to be appropriate by the city shall not intrude into any
required setback area.
5. No sales, storage or display of used automobiles or other vehicles such as motorcycles,
snowmobjIes or a11~terrain vehicles.
6. Facilities for the collection of waste oil must be provided.
7. Gas pumps andlor storage tank vent pipes shall liot be located within one hundred (100)
feet orany parcel zoned or guided for residential use.
8. AIl light fixtures under the canopy shall be recessed into the canopy. and scret:1ned. The
canopy must be constructed of an opaque material to prevent light from shining through.
9. For Phase I, approval of this application is contingent upon approval of the' following
applications:
a. PUD Amendment 1992-2 PUD.
b. Site Plan Review 2003-6.
c. Subdivision 2003-8.
All voted in favor and the motion carried unanimously with a vote of 4 to o.
Councilman Peterson moved, Councihnan Lundquist seconded that the City Council
approves the preliminary plat to replat Outlot D, Arboretum Village and Lot 1, Block 4,
Vasserman Ridge (4.79 acres), 2003-8 SUB into three lots as shown on plans dated June 4,
2003,subject'to the following conditions:
1. The developer shall provide a cross access and cross parking agreement for the three
parcels. .
2. The following park dedication charges will apply: Lot 1- $8,540; Lot 2- $11,620; and Lot
3 - $13,650 which shall be paid prior to recording of the fmal plat.
3. The total SWMP fees of $58,824.57 are .due payable to the city at time of fmal plat
recording.
4. Public utility improvements will be required to be constructed in accordance with the
city's latest edition of Standard Specifications and Detail Plates. Detailed construction
plans and specifications will be required at the time of final platting. The applicant.will
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City Council Summary ..:.. JUly 28., 2003
also be required to enter into a development contract with the city and . supply the
'. necessary fmandal security in the form of a letter of credit or cash escrow to guarantee
installation of the improvements and the conditions of final plat approval. Permits troin
.the appropriate regulatory agencies must be obtained, including but not limited to the
MPCA, Department of Health, Watershed District, MnDot, etc.
All votediil favor and the motion carried unanimously with a vote of 4 to o.
. 'Councilman Peterson moved, Councilman Ayotte seconded that the City Council approves
Site Plan Review 2003-6 SPR for tbe construction of three multi-tenant buildings, one of
. which contains a convenience store with gas pumps and coffee shop, and a car wash as
shown in plans prepared 'by Damberg, Scott, Gerzina, Wagner Architects dated Received
May 16,2003, subject to the following conditions:
1. Correct the driveway. dimensions on the site plan (Sheet AO) to read 26 feet in width.
Also, dimension the turn lane widths and taper ratios. The taper ratio for the West 78th
Street turn .lane shall be a minimum of 5: 1.
2. On the grading plan:
a. Increase the rock construction entrance to a minimum of 75 feet in length per City
Detail No. 5301.
b. Revise the existing 980 contour that crosses with another illegible contour on the
existing topography. Likewise, correct the proposed 978 crossing contour lines.
c. Provide erosion control blankets on the steep slopes along the west side of the
entrance drive and along the east side of the Phase II building.
d. Revise the boulevard slope in the West 78th Street right-of-way to a maximum
grade of 2% within 15 feet of the curbline.
e.Provide emergency overflows for catch basin nos. 3 and 4. The overflow
elevation must be a minimum of one foot lower than the finished floor elevation
of the adjacent building.
f. Show all existing and proposed easements.
g. Show the existing pond to the east of the site and include the NWL and HWL.
Also, show the existing storm sewer in the pond area.
h. Show the proposed lot and block numbers,
i. Limit the number of inlet aprons to the eastern pond of one inlet.
j. Add a benchmark to the plan.
3. On the utility plan (Sheet C2):
a.
b.
Show all proposed utility easements.
Revise the watermain to loop through the site and connect with the existing main
in West 78th Street.
Show the existing watermain in West 78th Street and the storm sewer in the pond
to the east.
Move sanitary manhole no. 6 into the main drive aisle for access purposes.
The minimum allowable storm sewer between catch basins is 12 inches in
diameter. Revise wh~re necessary.
All of the public watermain will be PVC C-900 pipe. Revise where necessary.
Add street lights at the southeasterly corner of West 78th Street and Century
Boulevard and at the proposed driveway connection with West78tb Street.
c.
d.
e.
f.
g.
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City Council Summary - July 28, 2003
4. Add all applicable CityofChanhassen Detail Plates to sheet C3.
5. The applicant.will work with staff to determine the best possible location to provide a
crosswalk across West 78th Street. The crosswalk will be from the south to the north side
, of West 78th Street and connect with the existing bituminous trail and provide the
additionalsidewalk connection as shown in Attachment #1, as amended.
6. The applicant will work with staff to determine if a "No U Turn" sign will be required at
the north end of the median on Century Boulevard and West 7Sth Street. . .
7. The silt fence on the east side of the site must be Type III, heavy duty.
8. The property line dimensions for the Phase II parcel must match the final plat for
Vasserman Ridge.
9. Private easements are required for the storm sewer lines that run from one lot to another.
10. Show the pavement sections for the bituminous path and private street/drive aisle on the
plans. .
11. Provide an internal sign to direct cars out to West 78th Street for Highway 5 bound traffic.
12. Seed and mulch or soothe site within two weeks of grading. completion. If dirt is
required to be brought into or out of the site, provide a haul route for review and approval.
13. The applicant has submitted drainage calculations for the site, however additional
information is required. Staff will work with the applicant's engineer to revise the
calculations. Prior to final platting, storm sewer design data will need to be submitted for
staff review. The storm sewer will have to be designed for a 10 year, 24 hour storm
eVent.
14. Minimum 30 foot wide easements will be required over the public portion of the utility
lines.
15. mstallation. of the private utilities for the site will require perniits and inspections through
the City's Building Department.
16. The existing contours for the Phase II portion of the site should reflect.the Vasserman
Ridge 2nd Addition grading.
17. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be
due at the time of building permit issuance. All of these charges are based on the number
of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is
$1,440 per unit, the water hookup charge is $1,876 per unit, and the SAC fee is $1,274
per unit.
IS. The main drive aisle through the site will be a private street sine it serves multiple lots.
As such, the road must be a minimum of 26 feet wide, built to a 9 ton design and enclosed
within a 40 foot wide private easement.
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City CoUncil SUminary -July 28, 2003
19. Concrete driveway aprons, per City Detail Plate #5207 are required at the two proposed
access points to the site.
20: For Phase I, approval of this application is contingent upon approval of the following
applications:
a. Subdivision 2003-8 SUB.
h. PUD Amendment 1999-2 PUD.
c. Conditional Use Permit 2003-2 CUP.
21. . For Phase ll, approval of this application is contingent upon approval of the following
applications:
a. Subdivision 2003-8 SUB.
b. PUD Amendment 2002-2.
22. Landscaping Requirements:
Phase I:
a. The applicant shall increase plantings to meet minimum requirements for buffer
yards, boulevard trees and parking lot trees. A revised landscape plan shall be
submitted to the City prior to City Council approval. .
b. The applicant shall fully screen parking lots from adjacent roadways through the
use of berming or increased landscaping.
. Phase ll:
a. The applicant shall increase landscape plantings to meet minimllm requirements
for buffer yards, boulevard trees and parking lot trees. A revised landscape plan.
shall be submitted to the City prior to City Council approval.
b.The applicant shall fully screen parking lots from adjacent roadways through the
use of berming or increased landscaping.
23. The applicant shall show the west and north elevations of the car wash.
24. All roof top equipment shall be screened.
. 25. The trash enclosure shall be built with the same type of materials used on the buildings.
26. The applicant shall introduce a pitched element to Building "B".
. 27. The parking lot islands shall be increased to 10 feet in width or aeration tubes will be
required to be installed. .
28. The applicant shall enter into a site plan agreement with the city and provide the
necessary financial securities.
29. Fire Marshal conditions:
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City Council Summary - July 28,.2003
a. A 10 foot clear space inust be maintained around fire hydrants, i.e. street lamps,
trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This
is to ensure that fire hydrants can be quickly located and safely operated by
firefighters.
'b. "No Parking Fire Lane" signs and yellow curbing will be required. . Please contact
Chanhassen Fire marshal for exact location of signs and curbs to be painted'
yellow.
c. . . The building must comply with Chanhassen Fire Department!Fire Prevention
Division regarding maximum allowable size of domestic water on a combmation
water/sprinkler supply line. Pursuant to Chanhassen Fire DepartmentJFire
Prevention Division Policy #36-1994. Copy enclosed.
& The builder must comply with the Chanhassen Fire DepartmentJFire Prevention
'Division regarding premise identification.' Pursuant to Chanhassen Fire
DepartmentJFire Prevention Division Policy #29-1992. Copy enclosed.
e. A Post Indicator Valve will be required on the new building that have rITe service
water coming into the building.
f. Submit radius turns and dimensions to City Engineer and Chanhassen Fire
marshal for review and approval. .
,g. Phase II. The rITe hydrant shown on Building "C" will need to be relocated in
front of the building. Contact Chanhassen Fire Marshal for exact location.
30. Building Official conditions:
a. The buildings are required to be protected by automatic fire extinguishing
systems.
'b. The plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
c. Building A must have a minimum of 3 accessible parking spaces, one of which
must have an 8 foot access aisle. Building C must have a minimum of 5
accessible parking spaces.
d. Separate water and sewer services must be provided for each piece of property.
e. Detailed occupancy related requirements cannot be reviewed until complete plans
are submitted.
f. The owner and/or their representative shall meet with the Inspections Division as
soon as possible to discuss plan review and permit procedures.
31. The applicant will need to apply for on-sale liquor licenses for the restaurants in Phase II.
32. Applicant will work with staff on the transparency or breaking up the east and west side
of the carwash with the intent that it doesn't necessarily have to be windows.
33. If the drive thru is not carried on with the City Council, that the parking spaces be
revisited with staff and the applicant.
34. The right-inlright-out access on Century Boulevard shall be permitted contingent upon
MnDot approval.
35. The applicant shall work with staff to review the yellow color on the canopy.
All voted in favor and the motion carried unanimously with a vote of 4 to O.
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City Council Meeting - July 28, 2003
Councilman Peterson: I move that we approve the resolution vacating a portion as presented this
evemng.
Councilman Ayotte: Second.
Mayor Furlong: Motion's been made and seconded. Is there any discussion?
Teresa Burgess: Mr. Mayor, if I could please request, we do need the easement, the conditions of
'that resolution to be stated with the easements.
Councilman Peterson: As presented by staff in the report.
Mayor Furlong: Conditions 1 through 3 as presented. Is that sufficient?
Teresa Burgess: Yes, thank you.
.Mayor Furlong: Thank you. It's been made and seconded. If there's no discussion, without
objection we'll proceed with the vote.
Resolution #2003-66: Councilman Peterson moved, Councilman Ayotte seconded that the
City Council approves a resolution vacating a portion of the public right-of-way on
Gooseberry Road as defined in the attached vacation description, subject to the following
conditions:
1. A 30 foot wide utility and drainage easement shall be retained over. the existing sanitary
and water lines.
2. A private driveway easement is required for the portion of the driveway for 6900 Lotus.
Trail that crosses the north half of the vacated right-of-way.
3. The vacation shall include the entire 40 foot wide right-of-way adjacent to 6890 Lotus
Trail.
All voted in favor and the motion carried unanimously with a vote of 4 to O.
CLEARWATER DEVELOPMENT. NORTHEAST CORNER OF mE INTERSECTION
,OFmGHW A YS 5 AND CENTURY BOULEVARD (SOUTH OF WEST 78TH STREET):
A. PHASE I: PRELIMINARY PLAT OF AN OUTLOT INTO 2 LOTS: SITE PLAN
REVIEW FOR THE CONSTRUCTION OF A CAR W ASH. COFFEE SHOP/GAS
STATION/CONVENIENCE STORE AND STRIP MALL; CONDITIONAL USE
PERMIT TO ALLOW A CONVENIENCE STORE WITH GAS PUMPS WITH
VARIANCES: AND A PLANNED UNIT DEVELOPMENT AMENDMENT TO
ALLOW A DRIVE- THRU.
B. PHASE II: PRELIMINARY PLAT OF AN OUTLOT INTO 1 LOT WITH AN
AREA OF 1.95 ACRES: SITE PLAN REVIEW WITH VARIANCES FOR A
MULTI-TENANT BUILDING ON PROPERTY ZONED PLANNED UNIT
DEVELOPMENT.
Public Present:
5
CityCoimcilMeeting - Jri1y 28, 2003
Nanle
Address
MiChael Thomas
Scott Schmitt
Kathleen Heller
David & Jenn Forbes
548 Apollo Drive, Lino Lakes
2480. Olive Street; Waconia
4536 35th Avenue, Minneapolis
437 Shakopee Avenue E, Shakopee
.J(ate Aanenson: Thank you. This item appeared before the City Council on July 14th and was
tabled to give the staff some time to review specifically the drive thru. Just as a refresher there
was four items for consideration. One was the PUD amendment and there's actually two
underlying PUD's. One with the Vasser man Ridge and the other one Arboretum Village and the
.. 'PUD amendment would accommodate the request from the applicant for a drive thru as well as
,criteria for the sign. The second action was for a conditional use permit which allow gas pumps
with a convenience store. The third action would be a subdivision which would create three lots
. . and then the final action being requested is a site plan approval. So with that, at your last meeting
. you directed the staff to develop some criteria fora drive thru and included in your packet was a
. review, a picture of a couple in Eden Prairie.. The conclusion of the staff, we looked at that over
the lunch hour. We did look at another drive thru coffee shop during the morning. Again you
:have to look at the scale of the center and kind of comparing apples to apples. If I can just put
this over. This is two approximate locations where there's active. The third one we looked at
wasn't open yet. A Caribou. This would be the Rainbow store in Eden Prairie, which on the end,
;behind Baker's Square is a drive thru, and it was observed that there was up to 7. It didn't seem
to be a lot of stacking problems. There's a restaurant on either side. There wasn't similar
conflicting possible traffic movements for the other ones. Maybe going into the restaurant might
be a longer duration and kind of off-set peak hours. The other one that we looked at was in this
location here. And at that drivethru there was a coffee shop that was opened in the. morning,
. which has since closed, open tillO:00 and then after 10:00 you drive past that one and go to the
Sub shop. And then there was also a car wash on the other side that you came through the other.
way so actually that one was probably a little bit more similar in the scale and the amount of trips
generated. Again, going back to this site plan, the fuel station's kind of more the Kwik Trip,
coming in and filling up and moving. Again the staff s concern is we did develop some criteria if
the council chose to put the language in for the PUD amendment. Again in the past as I've
indicated, some of these conditions of approval maybe a little bit more difficult to try to manage
or make sure they're in compliance. Specifically what they're selling, percentage of gross sales.
Those sort of things. Again this is a BN district and staff had advised the applicant that we felt
uncomfortable with that because there isn't any other BN neighborhood district that has a drive
thru but there is the criteria in place should the council choose to do the drive thru. So with that,
again there's 4 motions if you choose to put the drive thru, we did develop some criteria and
reviewed that with the city attorney and 1'd be happy to answer any questions that you have.
Mayor Furlong: Any questions for staff? On this issue. No? Okay, thankyou. I see the
applicant here, is there anything additional you'd like to add following last meeting? Okay,
.unless there are questions or follow-up questions for the applicant. Okay, thank you. With that
we'llbring it to council for discussion on this matter.
Councilman Peterson: Generally I think the development, I like it with the only exception of the
drive thru. And I wasn't here at the last meeting but I diligently read the minutes and understand
the different perspectives but my position over the years has been pretty clear. We've got an
ordinance that says we don't allow drivethru's in these areas and whether it's a coffee shop or
not, I don't feel comfortable saying what I'll allow as a drive thru and what I won't allow as a
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City Council Meeting - July 28, 2003
drive thru. Staff has come back with Some ideas about how we could, if we do allow it; how we-
could do it and administering what they're requesting is certainly onerous trying, going on a
- yearly basis and fmding their gross revenue and policing what they can-and can't sell out of that
drive thru I think is something that we're asking a lot of staff to do, which I don't think is
appropriate so. At the end of the day I'm not going to be able to support a coffee shop or
,anything with a drive thru in that area, that we clearly have said that we don't want a: drive thru.
So other than that I think it's ready for approval.
Mayor Furlong: Other discussion.
Councilman Ayotte: I'm less enamored with it this time around than I was last time around
:because of the setting, I don't know why Kate you were there so long at the Starbucks. I think
_ you could have gotten the same information in a much shorter period of time but we won't go
into that. I'm still more or less leaning on the side of saying yes to a drive thru but with the
importance of things in life today, yes or no to something like that isn't as important but I kind of
side with the folks that want to put it in because I don't think it's that big of a deal, and I don't
.want to downplay,your point Craig. I just don't think it is, I'm as fIxed for not having it. I don't
see a problem in having it so, but in terms of spending a lot of staff time monitoring something,
that too is something I have a little bit of an issue with but I'd give in to a drive thru.
Mayor Furlong: Maybe a follow-up question for staff. Are there other locations, commercial
zoned or other zoning areas that this would be allowed without a variance or a conditional use
within the city? I mean there are places within the city where you can have a drive thru
obviously.
Kate Aanenson: Yes.
Mayor Furlong: We have some of those?
Kate Aanenson: Yes.
Mayor Furlong: So it's just this particular area with this PUD where it was specifIcally stated
that they didn't want drive thru.
Kate Aanenson: Neighborhood Business which doesn't permit the drive thruand the underlyi:t}g,
under the PUD the underlying district is Neighborhood Business so that was the intent.
Mayor Furlong: Okay. Councilman Lundquist any comments?
Councilman Lundquist: I'm also a little less enamored with the idea from last time. I like the
way that the developer put forth the effort into going the extra mile to get that in there. However,
it seems like a lot of work and a lot of administration and a lot of things to do to put a drive thru
in for this one thing, and then down the road who knows what could end up in there and what
kind of problems that could create down the road so I liked the development and everything with
the exception of the drive thru.
Mayor Furlong: Okay, thank you. My comments from last time, I won't repeat those but it's
been expanded here from about two sentences of allowable conditions to 11 bullet points and I
think either we should allow drive thru's in the area or we shouldn't. I guess I'm looking at more
black and white rather than trying to pick which businesses we as a government body want to
allow to have drive thru's and which ones we don't so from that standpoint again I can certainly
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City Council Meeting - July 28, 2003 .
. .
you know, appreciate that a business such .as a coffee shop would want a drive thru. At the same
time this is not the area within the city where we've designated to have that and ldon't, I haven't
seen the compelling reason to make that change. So on that issue I guess. I would, my thoughts
:haven't changed significantly, in fact if anything have been reinforced by the additional
information that we've had. Before we, unless there's any discussion on the drive thrQ, I will ask
that the other item was the location of the crosswalk. I probably should have asked this at your
staff report, I apologize.
Kate Aanenson: I'm sorry, I forgot to bring that up. There was a discussion on the sidewalk that
was recommended. The Planning Commission recommended we carry it out through here. The
direction from the ,public safety was that more than likely there's going to be crossing. They felt
as long as there's going to be crossing we should try to do it safely. I'm not sure you're going to
get concurrence between engineering and planning and public safety on this issue. We do believe
some people are going to cross. Obviously the safest place is at the intersection. Really the only
way to find out. the true impacts of that is probably to use. some sort of study, pedestrian
movement study, so they felt like people are probably going to cross there and we should
. probably mark it as such and put the sidewalk in place. That was the direction of the public
safety .
Mayor Furlong: Qkay. Do we have something similar to that? Is this layout and traffic flow
similar for the K wik Trip site down at Galpin and West 78th?
Teresa Burgess: If I could answer that, no. We do not have the mid-block crosswalk at that
location, and in hind sight we probably would put it in if we had had foreseen that potential. By
putting in the crosswalk we're encouraging people to walk an extra 30 feet and cross so that they
are protected by the raised median at the middle. . Otherwise it's our anticipation people would
stop on the yellow line. That's a wide street and we would anticipate that people will not be able
to make it all the way across in one crossing.
Mayor Furlong: Okay, thank you. I guess I continue to have concerns there, given that there's an
intersection about how far to the west of that proposed crosswalk.. Basically at the end of the
.property.
Kate Aanenson: Basically they discussed at the Planning Commission to put the additional
sidewalk.
Mayor Furlong: Really we're talking about the crossing over West 78th there, correct?
Kate Aanenson: Correct.. . was to depress this, as Teresa had mentioned, to depress the median
so you're in the median area, at least you've got the protection of looking both ways and striping
it.
Mayor Furlong: Alright, thank you. Any discussion on that point or any other points from
council? This is preliminary. We have four items. We need. to handle them separately, is that
correct?
Kate Aanenson: Yes, and actually the motions start on, I forgot to mention that, page 19 would
be the first motion. That would be for the PUD and then they follow the four.
Mayor Furlong: Okay. Is there a motion related to the PUD?
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City Council Meeting - July 28, 2003
_ Councilman Peterson: I make a motion the City Council approve-the Planned Unit Developme~t
Amendment in the commercial portion of Arboretum Village clarifYing parking setbacks and
establish sign criteria for both Arboretum Village and Vasserman Ridge contingent upon approval
,of the fmal plat of Arboretum Shopping Center as follows amended in bold as supplied by staff,
conditions through 9.
MayorFurlong: And are YO,U including or excluding the drive thru? Condition.
-Councilman Peterson: I would not.
Mayor Furlong: Excluding.
Roger Knutson: And that motion I assume includes the findings of fact relative to the drive thru?
"Councilman Peterson: That's affirmative.
_~'Mayor Furlong: Is there a second?
Councilman Lundquist: Second,
Mayor Furlong: Is there any discussion on this motion? Hearing none we'll proceed with the
'vote without objection.
Councilman Peterson moved, Councilman Lundquist seconded that the City Council
approves the Planned Unit Development amendment in the commercial portion of
Arboretum Village, clarifying parki..g setbacks and establish sign criteria 'for both
Arboretum Village and Vasserman Ridge, contingent upon approval of the final plat of
Arboretum Shopping Center as follows:
ARBORETUM VILLAGE PLANNED UNIT DEVELOPMENT AMENDMENT
WITHOUT DRIVE THRU:
Arboretum Village (1992-2 PUD)
PUD DEVELOPMENT STANDARDS
'b. Permitted Uses
'The permitted uses within the neighborhood commercial zone should be limited to appropriate
- commercial arid 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.
c.' Setbacks
-ThePUD ordinance requires setbacks from roadways and exterior property lines. ,The following
table displays those setbacks.
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City Council Meeting - July 28, 2003
Setback Required Miniinum Proposed
From Collector Street 50 feet 50 feet
. From Exterior Lot Lines 30 feet 30 feet
; Interior Public Right-of~W ay 30 feet 7 Variance granted by City
Council
: Hard Surface Commercial 70% 68.3%
. Parking Setback if screening is provided 10 feet 10 feet
e. Signage Criteria
Monument Sign
1. Lot 1 shall not contain any monument signs. In return, the applicant shall be permitted to
place a 10 foot high sign with a maximum area of 48 square feet along Highway 5 on Lot.
2.
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.
W all Mount~d 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 carwashshall be permitted to have one sigll' along the south or east elevation.
. S. All signs require a separate permit.
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
heigllts. .
7; Back-lit individual letter signs are permitted. Individual letters may not exceed 30 inches
in height.
8.Otily the name and logo of the business occupying tile 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.
Vasserman Ridge (2002-2 PUD):
PUD DEVELOPMENT STANDARDS
c. Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines. The following
table displays those setbacks.
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City Council Meeting - July 28, 2003
.
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 60 feet
Hard Surface Commercial 70% Not available at this time
; Parking Setback ifscreeninl! isvrovided 10 feet 10 feet
e. Sign Criteria
Monument Sign
1. Lot 3 will have one monument sign.facing Highway. 5. The height of the sign shall not
exceed 5 feet with a maximum area of 24 square feet.
2. The base of the sign shall be built of materials similar to those used on the exterior of the
buildings and complimeilttheir architectural design. The signs must maintain a minimum
10 foot setback from the property lines.
Wall Mounted Signs
1. Building "C" shall be permitted signage along the west and south elevations only.
2. All signs require a separate permit.
3. 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.
4. ,Back-lit individual letter signs are permitted. Individual letters may not exceed 30 inches
in height.
5. Only the name and .logo of the business occupying the buildIng will be permitted on the
SIgn.
6. 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.
All voted in favor and the motion carried unanimously with a vote of 4 to o.
Mayor Furlong: The next item, where do we move to next?
Kate Aanenson: 23.
Mayor Furlong: 23? Conditional Use Permit? Is there a motion?
Councilman Lundquist: I'd move the City COl,1ncil approves CUP #2003-2 to allow the
construction of a convenience store with gas pumps on Lot 2,Block 1, Arboretum Shopping
Center with conditions 1 through 9.
Mayor Furlong: Is there a second?
.Councilman Ayotte: Second.
Mayor Furlong: Is there any discussion? Hearing none we'll proceed with the vote.
11
City Council Meeting - JUly 28, 2003
Councilman Lundquist moved, Councilman Ayotte seconded that the City CounCil
approves Conditional Us~ Permit #2003-2 CUP to allow the construction of a convenience
store with gas pumps on Lot 2, Block 1, Arboretum Shopping.Center,.with the following
.conditions:
1. No unlicensed or inoperable vehicles shall be. stored on. premises.
2. No repair, assembly or disassembly of vehicles.
. 3. No public address system shall be audible from any residential parcel.
4. Gas pump stacking area deemed to be appropriate by the city shall not intrude into any
required setback area.
5. No sales, storage or display of used automobiles or other vehicles such as motorcycles,
snowmobiles or all-terrain vehicles.
6. Facilities for the collection of waste oil must be provided.
7. Oas pumps and/or storage tank vent pipes shallnot belocated within one hundred (100)
feet of any parcel zoned or guided for residential use.
8. All light fixtures under the canopy shall be recessed into the canopy and screened. The
canopy must be constructed of an opaque material to prevent light from shining through.
9. For Phase I, approval of this application is contingent upon approval of the following
applications:
a. POO Amendment 1992-2 POO.
b. Site Plan Review 2003-6.
c. Subdivision 2003-8.
All voted in favor and the motion carried unanimously with a vote of 4 to O.
Mayor Furlong: Is there a motion regarding the subdivision?
Councilman Peterson: r d move the City Council approve the preliminary plat to replat Outlot D
Arboretum Village ,and Lot 1, Block 4,VassennanRidge (4.79 acres), 2003-8 SUB into 310ts as
shown on the plans dated June 4th subject to conditions i through 4.
Mayor Furlong: And is there a second?
Councilman Lundquist: Second.
Mayor Furlong: Is there any discussion on the motion? Hearing none we'll proceed with the
vote.
Councihnan Peterson moved, Councihnan Lundquist seconded that the City Council
approves the preliminary plat to replat Outlot D, Arboretum Village and Lot 1, Block 4,
VassermanRidge (4.79 acres), 2003-8 SUB into three lots as shown on plans dated June 4,
2003, subject to the following conditions:
12
City Council Meeting ~ July 28. 2003
1. The developer shall provide a cross access and cross parking agreement for the three
parcels.
2. The following park dedication charges will apply: Lot 1- $8.540; Lot 2- $11,620; and Lot
3 -$13,650 which shall be paidprior to recording of the fmalplat.
3. The total SWMP fees of $58,824.57 are due payable to the city at time of fmal plat
recording.
4. Public utility. improvements will be required to be constructed in accordance with the
city's latest edition of Standard Specifications and Detail Plates. Detailed construction
plans and specifications will be required at the time of final platting. The applicant will
also be required to enter into a development contract with the city and supply the
necessary fmancial security in the form of a letter of credit or cash escrow to guarantee
installation of the improvements and the conditions of final plat approval. Permits from
the appropriate regulatory' agencies must be obtained. including but not limited to the
MPCA. Department of Health. Watershed District, MuDot, etc.
All voted in favor and the motion carried unanimously with a vote of 4 to o.
Mayor Furlong: Is there a motion regarding the site plan?
Councilman Peterson: r d move the City Council approve Site Plan Review #2003-6 SPR for the
construction of three multi-tenant buildings. one of which contains a convenience store with gas
pumps and coffee shop and a car wash as shown on plans prepared by Damberg, Scott. Gerzina,
Wagner Architects dated and received May 16.2003. subject to conditions 1 through 35.
Councilman Ayotte: Second.
Mayor Furlong: Is there any discussion on the motion? Hearing none we'll proceed with the
vote.
Councilman Peterson moved, Councilman Ayotte seconded that the City Council approves
Site Plan Review 2003-6 SPR for the construction of three multi-tenant buildings, one of
Which contains a convenience store with gas pumps and coffee shop, and a car wash as
shown in plans prepared by Damberg, Scott, Gerzina, Wagner Architects dated Received
May 16, 2003, subject to the following conditions:
1. Correct the driveway dimensions on the site plan (Sheet AO) to read 26 feet in width.
Also. dimension the turn lane widths and taper ratios. The taper ratio for the West 78th
Street turn lane shall be a minimum of 5: 1.
2. On the grading plan:
8. Increase the rock construction entrance to.a minimum of 75 feet in length per City
Detail No. 5301. .
b. Revise the existing 980 contour that crosses with another illegible contour on the
existing topography. Likewise, correct the proposed 978 crossing contour lines.
c. Provide erosion control blankets on the steep slopes along the west side of the
entrance drive and along the east side of the Phase II building.
13
City Council Meeting - Jldy 28, 2003
d. Revise the boulevard slope in the West 78th Street right-of-way to a maxiinum
grade of 2% within 15 feet of the cUrb line.
e. Provide emergency overflows for catch basin nos. 3 and 4. The overflow
elevation must be a minimum of one foot lower than the finished floor elevation
of the adjacent building.
f. Show all existing and proposed easements. .
g. Show the existing pond to the east of the site and include the NWL and HWL.
Also, show the existing storm sewer in the pond area.
h. Show the proposed lot and block numbers.
1. Lilnit the number of inlet aprons to the eastern pond of one inlet.
j. Add a benchmark to the plan.
3. On the utility plan (Sheet C2):
a.
b.
Show all proposed utility easements.
Revise the watermain to loop through the site and connect with the existing main
in West 78th Street.
Show the existing watermain in West 78th Street and the storm sewer in the pond
to the east.
Move sanitary manhole no. 6 into the main drive aisle for access purposes.
Thelninimum allowable storm sewer between catch basins is 12 inches in
diameter. Revise where necessary.
All of the public watermain will be PVC C-900 pipe. Revise where necessary.
Add street lights at the southeasterly comer of West 78th Street and Century
Boulevard and at the proposed driveway connection with West 78th Street.
c.
d.
e.
f.
g.
4. Add all applicable City of Chanhassen Detail Plates to Sheet C3.
5. The appliCaIit will work with staff to deterlnine the best possible location to provide a
crosswalk across West 78th Street. The crosswalk will be from the south to the north side
of West 78th Street and connect with the existing bituminous trail and provide the
additional sidewalk connection as shown in Attachment #1, as amended.
6. The applicant will work with staff to deterlnine if a "No U Turn" sign will be required at
the north end of the median on Century Boulevard and West 78th Street.
7. The silt fence on the east side of the site must be Type ill, heavy duty.
8. The property line dimensions for the Phase II parcel must match the :fmal plat for
Vasserman . Ridge.
9. Private easements are required for the storm sewer lines that run from one lot to another.
10. Show the pavement sections for the bitulninous path and private street/drive aisle on the
plans.
11. Provide an internal sign to direct cars out to West 78th Street for Highway 5 bound trafflc.
12. Seed and mulch or sod the site within two weeks of grading completion. If dirt is
required to be brought into or out of the site, provide a haul route for review and approval.
14
City'CouncilMeeting - July 28, 2003
13. The applicant has submitted drainage calculations for the site, however additional
information is required. Staff will work with the applicant's engineer to revise the
calculations. Prior to final platting, storm sewer design data will need to be submitted for
staff review. The storm sewer will have to be designed for a 10 year, 24 hour storm
event.
. 14. Minimum 30 foot wide easements will be required over the public portion of the utility
lines.
15; Installation of the private utilities for the site will require permits and inspections through
the City's Building Department.
16. The existing contours for the Phase IT portion of the site should reflect the Vasserman
Ridge 2nd Addition grading.
17.' Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be
due at the time of building permit issuance. All of these charges are based on the number
of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is
$1,440 per unit, the water hookup charge is $1,876 per unit, and the SAC fee is $1,274
per unit.
18. The main drive aisle through the site will be a private street sine it serves multiple lots.
As such, the road must be a minimum of 26 feet wide, built to a 9 ton design and enclosed
within a 40 foot wide private easement.'
19. Concrete driveway aprons, per City Detail Plate #5207 are required at the two proposed
access points to the site.
20. For Phase I, approval of this application is contingent upon approval of the following
applications:
a. Subdivision 2003-8 SUB.
b. PUD Amendment 1999-2 PUD.
c. Conditional Use Permit 2003-2 CUP.
21. For Phase IT, approval of this application is contingent upon approval of the following
applications:
a. Subdivision 2003-8 SUB.
'b. PUD Amendment 2002-2.
22.' Landscaping Requirements:
Phase I:
3. The applicant shall increase plantings to meet minimum requirements for buffer
yards, boulevard trees and parking lot trees. A revised landscape plan shall be
submitted to the City prior to City Council approval.
b. The applicant shall fully screen parking lots from adjacent roadways through the
use of berming or increased landscaping.
15
City Council Meeting - July 28, 2003
Phase II:
a. ' The applicant shall increase landscape plantings to meet minimum requirements
forbuffer yards, boulevard trees and parking lot trees. A revised landscape plan
shall be submitted to the City prior to City Council approval.
b: The applicant shall fully screen parking lots from adjacent roadways through the
use of berming or increased landscaping.
23~ The applicant shall show the west and north elevations of the car wash.
24. All roof top equipment shall be screened.
25. The trash enclosure shall be built with the same type of materials used on the buildings.
,'26. The applicant shall introduce a pitched element to Building "B".
.27. The parking lot islands shall be increased to 10 feet i~ width or aeration tubes will be
required to be installed.
28. The applicant shall enter into a ,site plan agreement with the city and provide the
necessary financial securities.
29 . Fire Marshal conditions:
a. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps,
trees, shrubs, bushes, Qwest, Xcel Energy. cable TV and transformer boxes. This
is to ensure that fIre hydrants can be quickly located and safely operated by
firefighters.
b. "No Parking Fire Lane" signs and yellow curbing, will be required. Please contact
Chanhassen Fire marshal for exact location of signs and curbs to be painted
yellow.
c. The building must comply with Chanhassen Fire Department/Fire Prevention
Division regarding maximum allowable size of domestic water on a combination
water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire
Prevention Division Policy #36-1994. Copy enclosed.
d. The builder must comply with the Chanhassen Fire Department/Fire Prevention
Division regarding premise identification. Pursuant to Chanhassen Fire
Department/Fire Prevention Division Policy #29-1992. Copy enclosed.
e. A Post fudicator Valve will be required on the new building that have fire service
water coming into the building.
f. Submit radius turns and dimensions to City Engineer and Chanhassen FIre
marshal for review and approval.
g. Phase II. The fIre hydrant shown on Building "C" will need to be relocated in
front of the building. Contact Chanhassen Fire Marshal for exact location.
30. Building Official conditions:
a. The buildings are required to be protected by automatic fire extinguishing
systems.
b. The plans must 'tJeprepared and signed by design professionals licens~d in the
State of Minnesota.
16
'\ City Council Meeting - JUlY '28, 2003
f
c. Building A must have a minimum of 3 accessible parking spaces, one of which
must have an 8 foot access aisle. Building C must have a minimum of 5
accessible parking spaces.
d. Separate water and sewer services must be provided for each piece of property.
e. Detailed occupancy related requirements cannot be reviewed until complete plans
are submitted.
f. The owner and/or their representative shall meet with the fuspections Division as
soon as possible to discuss plan review and permit procedures.
31. The applicant will need to apply for on-sale liquor licenses for the restaurants in Phase II.
32. Applicant will work with staff on the transparency or breaking up the east and west side
of the carwash with the intent that it doesn't necessarily have to be windows.
33. If the drive thru is not carried on with the City Council, that the parking spaces be
revisited with staff and the applicant.
34. The right-in/right-out access on Century Boulevard shall be permitted contingent upon
MnDot approval.
35. The applicant shall work with staff to review the yellow color on the canopy.
All voted in favor and the motion carried unanimously with a vote of 4 to O.
CONSIDER REQUEST FOR REZONING OF PROPERTY FROM A2. AGRICULTURAL
ESTATE TO lOP. INDUSTRIAL OFFICE PARK. 9201 AUDUBON ROAD. ERIC
THESHIP-ROSALES.
Kate Aanenson: The subject site is located on Audubon Road. It's currently zoned A2. The
applicant is requesting a rezoning to lOP. The applicant would like to rezone the easterly 120
feet of the property so they can keep their house and use the back half to operate a business. The
site is located in the 2005 MUSA area. Sewer and water is currently not available to the property.
The site is being used as a single family home with a separate storage garage building that's being
used as a business. The comprehensive plan states that regardless of a property's land use
designation, properties not served by urban services shall not be rezoned to a zoning designation
for the land use designation until such time urban services are available. The current zoning of
jthe parcel of less intense land use designation may remain. Intensification of land should only
happen when there's provision of urban services, and this is an area the city is currently studying
in how to provide those urban services. The lOP district does require a minimum lot area of 1
acre. The applicant does not meet that criteria and is under the requirement, again so not
complying with district regulations. The site does have access via a gravel driveway and with the
rezoning the use, one of the uses that would have to be brought up to code, the industrial building
because it does not meet city standards also so for the following reasons the staff did recommend
denial, as did the Planning Commission at their hearing on July 1st when they reviewed the
development. They recommended 7-0 to deny the request. So with that, this is the subject site.
The existing home and the use on the property. I'd be happy to answer any questions that you
may have.
Councilman Peterson: Kate, have we ever done anything like this before? I mean my past
history I can't recall any.
17