PC Staff Report 02-02-10
PC DATE: 2/2110
[!]
CC DATE: 2/22110
CITY OF CHANHASSEN
REVIEW DEADLINE: 3/1/10
CASE #: 10-04
BY: BG,AK, TJ,JM,ML
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends that City Council approve an amendment
to Conditional Use Permit 88-13 to eliminate the Hennepin County parcel for a garden center
and to relocate the storage bins to the Carver County parcel."
and
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"The Chanhassen Planning Commission recommends that City Council approve the Site Plan for
an 8,000 square-foot, one-story retail building, plans prepared by SEH, dated 12/30/2009, with an 8%
parking variance to permit 58% of the parking between the front fa~ade and the primary street for
property located at 19900 West 78f11 Street subject to conditions 1 - 5.
SUMMARY OF REQUEST: The developer is requesting site plan approval for a 8,000
square-foot retail building, a 8% parking variance to permit 58% of the parking between the front
fa~ade and the primary street for property located at 19900 West 78f11 Street, and an amendment to
Conditional Use Permit 88-13 for Lotus Lawn and Garden Center for property located at 78 West
78f11 Street.
LOCATION:
CARVER COUNTY PROPERTY: 78 West 78th Street
That part of Tract C, Registered Land Survey No. 59, files of Registrar of Titles, which lies
South of a line drawn East perpendicular to the West line of said Tract C from a point thereon
distance 103.00 feet South, as measured along said West line from the Northwest comer of said
Tract C: And that part of Tract D lying Easterly of the Southerly extension ofthe West line of
said Tract C, Registered Land Survey No. 59, flies of Registrar of Titles, all in Carver County,
Minnesota.
HENNEPIN COUNTY PROPERTY: 19900 West 78f11 Street
That part of the West 149 feet ofthe Southwest Quarter of Section 7, township 116 North, Range
22 West of the 5th Principal Meridian, lying North of State Highway No.5 and which lies South
of a line drawn East perpendicular to the West line of Tract C, Registered Land Survey No. 59,
files ofthe Registrar of Titles, Carver County, from a point thereon distant 103.00 feet South, as
measured along said West line, from the Northwest comer of said Tract, C Hennepin County,
Minnesota.
Lotus Retail
Planning Case 10-04
February 2,2010
Page 2 of 19
APPLICANT:
Ben Merriman
Center Companies, LLC
2025 Coulter Blvd, Suite 215
Chanhassen, MN 55317
952-474-4828
bmerriman@centercomoanies.com
Jay and Peggy Kronick
Lotus Lake Garden Center Inc.
8575 Tellers Rd
Chaska, MN 55318
PRESENT ZONING: Highway and Business Services District (BH)
2030 LAND USE PLAN: Commercial
ACREAGE: Total = 2.32 acres (Carver County = 1.41 acres, Hennepin County = 0.906 acres)
DENSITY: F .A.R. 0.2
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City's discretion in approving or denying a site plan is limited to whether or not the proposed
project complies with Zoning Ordinance requirements. If it meets those standards, the City must
then approve the site plan. This is a quasi-judicial decision.
The City's discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for variance. The City has a relatively high
level of discretion with a variance because of the burden of proof is on the applicant to show that
they meet the standards in the ordinance.
The City has limited discretion in approving or denying conditional use permits, based on
whether or not the proposal meets the conditional use permit standards outlined in the Zoning
Ordinance. If the City finds that all the applicable conditional use permit standards are met, the
permit must be approved. This is a quasi-judicial decision.
PROPOSAL/SUMMARY
The applicant is requesting site plan approval for an 8,000 square foot, one-story, multi-tenant
retail building, which shall include a liquor store, an 8% variance to permit 58% of the parking to
be located between the front fa~ade and the public street (Sec. 20-1073(b)), and an amendment to
Conditional Use Permit 88-13 for a retail garden center to revise the legal description to include
the Carver County site only and relocate the storage bins from the Hennepin County property to
the Carver County property.
Lotus Retail
Planning Case 10-04
February 2,2010
Page 3 of 19
To the north of the subject site is the Twin Cities and Western Railroad and a Manage 3 wetland.
To the south of the site is West 78th Street and Highway 5. To the east of the site is the Berquist
building (Office Industrial), and located to the west of the site is the Chanhassen Office Complex
(Commercial).
Water and sewer services are available to the site. Access to the parcels is gained via a shared
driveway off of West 78th Street.
Staffis recommending approval of the site plan, variance, and CUP amendment.
APPLICABLE REGUATIONS
Chapter 20, Article II, Division 2, Conditional Use Permits
Chapter 20, Article II, Division 3, Variance
Chapter 20, Article II, Division 6, Site Plan Review
Chapter 20, Article XVII, Highway and Business Services District
Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office-
Institutional Development
Lotus Retail
Planning Case 10-04
February 2,2010
Page 4 of 19
BACKGROUND
On October 5, 1973 Registered Land Survey 59 for the Carver County site was recorded. The
Hennepin County site is currently unplatted.
On September 12, 1988, the Chanhassen City Council approved a land use map amendment for the
easterly 150 feet of the property from office/industrial to commercial (LUP 88-3), a rezoning of the
easterly 150 feet from Industrial Office Park (lOP) to Highway and Business Services (BH) (REZ
88-3), a wetland alteration permit (W AP 88-8), and a Conditional Use Permit (CUP 88-13) to
permit a garden center.
On January 13, 1997, the Chanhassen City Council approved an amendment to Conditional Use
Permit 88-13 for a site plan review for a 2,480 square-foot expansion to the sales area and a 400
square-foot expansion to the greenhouse area.
The existing Lotus Lawn and Garden Center (CUP
88-13) is located primarily on the westerly Carver
County site. As part of the garden center there is a
2,549 square-foot retail building, two 920 square-foot
greenhouse buildings, a 140 square foot shed, display and parking areas.
CONDITIONAL USE PERMIT
Conditional Use Permit 88-13 for a garden center
currently encompasses both the Carver County
(westerly parcel) and Hennepin County (easterly
parcel) sites. The applicant is requesting an
amendment to CUP 88-13 to exclude the Hennepin
County site from the CUP and to relocate the storage
bins to the Carver County site. The CUP for the
nursery will then solely be for the Carver County site.
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The eastern (Hennepin County) portion of the site is primarily vacant; there are some aspects ofthe
garden center located on the site, which include storage bins, and parking. As part of this
application, the storage bins are proposed to be relocated to the Carver County site.
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There is a Manage 3 wetland located to the north of both parcels. City Code requires a 16.5-foot
wetland buffer from the edge ofthe wetland, a 30-foot building setback and a 15-foot
parking/accessory structure setback from the edge ofthe buffer.
The applicant is proposing shared parking spaces which will be located on both sites. A cross-
access and shared parking easement and agreement will be recorded against the properties. The
conditions of CUP 88-13 will continue to be in effect. The proposed amendment is consistent
with the conditions of approval for the garden center.
Lotus Retail
Planning Case 10-04
February 2,2010
Page 5 of 19
GENERAL SITE PLAN/ARCHITECTURE
The applicant is requesting site plan approval for an 8,000 square-foot one-story multi-tenant
retail building and parking to be located on the eastern portion (Hennepin County) or the site.
One of the proposed tenants of the
building will be a liquor store.
Liquor stores are permitted in the
BH district.
All components of the nursery
that are currently located on the
easterly parcel will be relocated to
the westerly parcel. The
driveway into both sites will
remain and some of the parking
will be shared between the two
parcels via a cross-access and
parking agreement.
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The applicant is requesting an 8%
variance from the 50% maximum
parking spaces permitted between
the front (south) fa<;ade and the
adjacent public street. The
applicant is proposing 43 parking stalls for the Hennepin County retail site. Of the 43 stalls,
ordinance permits 21 stalls to be located between the front fa<;ade and public street. The
applicant is proposing 25 stalls within the south parking lot and 18 stalls in the north parking lot.
Granting of the variance would permit an additional 4 parking stalls adjacent to the store
entrances. Requiring the additional parking in the north parking lot would impact the bio-
retention pond, the location of the trash enclosure, and the site may exceed the 65% site coverage
in the BH district. The south elevation is the main entrance into the retail building, while the
north elevation is primarily employee parking and service entrances. Therefore, it is reasonable
to have the majority of the parking located adjacent to the store entrances.
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Both parcels will continue to be accessed via a shared driveway off West 78th Street. A cross-
access and parking agreement must be recorded against the properties.
ARCHITECTURAL COMPLIANCE
Size Portion Placement
The City Code promotes the location of the building nearest to the setback lines as outlined in
the district regulations. This site is unique in the fact that the front property line extends over the
existing sidewalk and onto West 78th Street. Therefore, the front setback is measured from the
northern edge of the existing sidewalk, which is the edge of the prescriptive right-of-way. The
Lotus Retail
Planning Case 10-04
February 2,2010
Page 6 of 19
minimum setback in the BH district is 25 feet from the front property line. The building is
proposed to be set back 89 feet from the northern edge of the sidewalk, with parking distributed
around the building.
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SOUTH- E LEY1"tTION
The proposed building is a multi-tenant building with the liquor store occupying approximately
5,160 square feet of the building, and future tenant spaces occupying approximately 3,044 square
feet. There are three entrances into the south elevation of the building. The liquor store entrance
serves as the prominent main entrance and is surrounded by windows and a black standing seam
metal awning. The entrance is further accentuated by a seven-foot tall parapet wall and cornice
above the roofline with three square windows on both the south and west elevations. The
remaining two entrances are located to the east of the liquor store entrance and are surrounded by
windows with a black standing metal awning overhead and a five-foot block parapet wall and
cornIce.
WE::"?i el-SYATlO'N
E::^<?i E:t....EVATION
The loading dock overhead door is located on the west elevation. This loading dock will access
the liquor store. There are no entrances on the east elevation of the building, which is adjacent to
the drive aisle accessing the adjacent industrial building to the east.
The north elevation of the proposed building is adjacent to the Twin Cities and Western Railroad
and the wetland. There are four service doors located on the north elevation, which will not serve
as customer entrances.
Lotus Retail
Planning Case 10-04
February 2,2010
Page 7 of 19
NO\<.,-H EL-EVAiloN
Building Articulation
The articulation of the building steps back twice along the south
elevation. The building steps back almost two feet from the
entrance of the liquor store to the main plain of the liquor store, and
back five feet to the future tenant spaces. Along the west and east
elevations the building steps back over one foot from the front
elevation. In addition, the building articulation incorporates
projecting columns. Articulation is further enhanced through the use
of storefront windows and awnings as well as parapet walls of
varying heights and cornices.
Color and Material
There is a combination of materials including brick,
block, and EFIS incorporated into the design to provide
visual interest to the building. The majority of the
building is constructed of toffee-colored Anchor Block
primarily located on the top and base of the building. A
paprika-colored Anchor Block band is located a quarter
of the way up from the base of the building and
extending halfway up the north, west, and east
elevations. The paprika Anchor Block also surrounds the entrances on the south elevation and is
replicated on the west and east elevations. There are columns on the building, which are
constructed of maroon velour utility brick.
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The parapet wall above the main entrance is accented with sandalwood beige EFIS and a grey
and black metal cornice. The shorter parapet walls are constructed of toffee-colored rockface
Anchor Block. The storefront windows are bordered with black aluminum frames.
Lotus Retail
Planning Case 10-04
February 2, 2010
Page 8 of 19
Height and Roof Design
The single-story building is 17 feet in height to the roof. The roof articulation is provided
through three parapet walls of varying height. The height of the parapet walls step down and
back up along the south elevation. The parapet wall over the main entrance is 9 feet in height,
the center parapet wall is 2 feet in height, and the parapet wall above the entrances on the east
side of the building is 5 feet in height.
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SOUTH ElEVA1l0N
The City Code requires that each building contain one or more pitched elements, such as a
pitched roof, awnings or entrances. There are black standing seam metal awnings located above
the storefront windows and doors of the south, west and east elevations. Additionally, the varied
parapet height provides vertical detail to the elevation.
The mechanical equipment is located in the center of the roof and is screened through the use of
the parapet walls surrounding the building. The lowest parapet wall is 2- feet above the roof and
will adequately screen the equipment from view.
Facade Transparency
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City Code requires that 50 percent of the first floor elevation that is viewed by the public shall
include transparent windows and/or doors. The south, street-front elevation of the building
exceeds this requirement.
The west elevation, while not located along the primary public street, has been modified to
incorporate approximately 45% windows and doors in addition to landscaping. The primary
function of the interior space in this area is restrooms and storage; therefore, increased windows
may not be appropriate. The applicant has provided spandrel glass to enhance this fayade.
Lotus Retail
Planning Case 10-04
February 2,2010
Page 9 of 19
The east elevation faces the drive aisle into the adjacent office industrial building and is
predominately screened by landscaping. However, the applicant has modified this elevation to
incorporate approximately 14% windows. Depending on the future tenant, additional windows
may be incorporated into this fayade. At a minimum, staff is recommending the applicant
incorporate knockout panels to facilitate the installation of future windows.
As stated previously, the north elevation provides employee and service access to the building.
No windows are provided; however, the applicant has included architectural detailing, including
columns and changing of materials.
LIGHTING/SIGNAGE
Lighting
City code requires that the applicant provide site lighting for the parking lot area to provide
adequate levels of safety. Site lighting may be provided via
30-foot tall light poles/fixtures. All fixtures must be shielded,
high-pressure sodium or Light-Emitting Diode (LED) with a
total cutoff angle equal to or less than 90 degrees. Wall-
mounted light fixtures shall be shielded with a total cutoff angle
equal to or less than 90 degrees and shall not be directed
skyward. To minimize off-site impact, light levels shall not
exceed one-half foot candle at the property line. It appears
that the proposed lighting complies with city code.
The proposed lighting on the building is Challenger wall sconces
and the lighting throughout the parking lot is Challenger II medium
flat lens lights. The applicant submitted photometric calculations
for the site, and the lighting for the common vehicular access is
sufficient; however, the lighting along the eastern property line
adjacent to the front parking lot exceeds the one-half foot candle
requirement. Staff is recommending the applicant revise the light
plan to meet this requirement. A revised photometric plan shall be
submitted with the building permit to verify compliance with city
code.
Sign age
BALLENGER DME
PLAT LENS
IESNA FULL CUTOFF
CHALLENGER
WALL SCONCE
JBSNA FIJLL C1JTO:fti'
The applicant is proposing wall signage on the south elevation of the building. There is a sign
band above the awnings in the center of the building to accommodate the liquor store sign and a
sign band on the parapet wall on the east side of the front elevation to accommodate the future
tenants.
Lotus Retail
Planning Case 10-04
February 2,2010
Page 10 of 19
SOUTI-l ElEVATION
A monument sign is proposed to be located east of the driveway into the site. The proposed
monument sign is eight feet in height with 61 square feet of display area. Of the display area
25% of the sign will incorporate an electronic message center. The monument sign will be
constructed of masonry materials consistent with the building and incorporates an electronic
message center sign. This sign appears to comply with the city's sign ordinance.
All signage shall comply with city code and requires a separate sign permit application.
Site Furnishing
The applicant is proposing multiple planters located near the building on the south elevation as
well as landscaping continuing around the building. The applicant is proposing benches located
on the sidewalk adjacent to the front elevation. Future tables and seating may be incorporated
when the eastern tenant spaces are occupied.
Loading Areas, Refuse Area, etc.
The loading zone for the liquor store is located on the west
elevation of the building. The loading zone will be
screened by landscaping. The Carver County site has
redevelopment potential. The location of a building on the
Carver County site will further screen the loading area of
the retail building.
The proposed location of the free-standing trash enclosure
is on the north side of the building at the east end of the
parking lot. The trash enclosure is 7Yz feet tall, 21 feet wide
by 8 feet deep and contains two dumpsters. The enclosure
will be constructed of paprika-colored Anchor Block with
painted cedar slat doors, consistent in color with the
building.
Lotus Retail
Planning Case 10-04
February 2, 2010
Page 11 of 19
Lot Frontage and Parking Location
Frontage
The subject site fronts on West 78th Street, which acts as a frontage road to Highway 5. The site
is unique due to the fact that it is an unplatted lot and the front property line extends onto West
78th Street. On platted lots, the property line excludes areas of public right-of-way. Therefore,
the north edge ofthe sidewalk is the prescriptive right-of-way.
The minimum building setback in the BH district is 25 feet from the front property line. The
proposed building is setback 89 feet from the edge of the sidewalk. The minimum parking
setback is 25 feet, which may be reduced to 10 feet with the use of landscape screening. The
edge of the proposed parking lot is set back 12 feet from the edge of the sidewalk and shall
incorporate a landscape buffer consisting of a line of shrubs planted along the parking lot on the
south property line. The shrubs must have a minimum height of three feet at maturity. City
approval of the shrub species and planting spacing is required before installation.
Parking
There are a total of 62 parking stalls proposed on the two properties. The garden center requires
22 stalls and the retail center requires 40 stalls. The applicant is proposing 43 stalls for the retail
center and 19 stalls for the garden center:
· 25 parking stalls located in the south parking lot of the retail center
· 18 stalls dedicated to the retail center and 5 stalls dedicated to the garden center in the
north parking lot
· 14 parking stalls located on the garden center site
In total the applicant is providing sufficient parking for both centers and will be shared via a
cross-parking agreement.
The parking requirements are predicated on retail use. There is approximately 3,044 square feet
of future tenant space available; should half of that space be converted to a restaurant, an
additional 17 parking stalls would be required. Should the entire future space be converted to a
restaurant, 34 parking stalls would be required. Being that the applicant is proposing the
required 62 parking stalls for the current retail buildings and the Hennepin County site is at the
maximum 65% site coverage, the additional spaces would have to be located on the Carver
County site. This may have an impact on the future development of the Carver County site. The
applicant is aware of the parking requirements and, depending on the future use, any change in
the parking requirements will be addressed at such time.
City code requires that not more than 50% of the overall parking to be located between the front
fa<;ade and the primary abutting street. There are 43 proposed parking stalls for the Lotus Retail
building; therefore, 21 stalls are permitted in the south parking lot. The applicant is requesting a
variance to permit 58% of the proposed parking to be located between the front fa<;ade and the
Lotus Retail
Planning Case 10-04
February 2,2010
Page 12 of 19
primary-abutting street, this equates to 4 additional stalls. The intent of the request is due to the
location of the public entrances, which are on the south elevation, while the north elevation is
primarily employee parking and service entrances. The additional parking in the south lot will
provide better customer access to the main entrances of the building. Therefore, it is reasonable
to have the majority of the parking located adjacent to the store entrances.
The service entrances and employee parking are located on the north side of the building. Staff
explored the potential of adding additional stalls on the north side of the site to comply with the
50% parking requirement. The addition of parking stalls would have a negative impact on the
location ofthe trash enclosure by pushing it east into the side yard, bio-retention pond, and
landscape buffer. Additionally, the proposed hard surface coverage for the site is at the 65%
maximum for the BH district. Any additional parking stalls would increase the site coverage
within the district.
Based on the current uses (garden center and retail center), it is staff's opinion that the hours of
operation are complimentary for shared parking.
ACCESS
The site currently has access from West 78th Street. No public street improvements are proposed
or required with the development of this site. The proposed Lotus Retail Development will share
the existing access with the Lotus Lawn and Garden Center site. The developer proposes to
construct two parking areas: one south of the proposed building and one north of the proposed
building. Access to the parking areas will be from a common driveway with Lotus Lawn and
Garden Center. A cross-access agreement must be executed and recorded.
In locations where the sidewalk crosses the curb for pedestrian access, a pedestrian ramp shall be
provided.
LANDSCAPING
There is a wetland located north ofthe subject site, which shall maintain a 16.5 foot buffer and
required building and parking setbacks from said buffer. The applicant is proposing to install a
rain garden within the buffer area to treat runoff prior to entering the wetland.
The minimum requirements for landscaping include 1,196 square feet of landscaped area around
the parking lot, one landscape island or peninsula, four trees for the parking lot, and bufferyard
p1antings along the property lines. The applicant's proposed as compared to the requirements for
landscape area and parking lot trees is shown in the following table:
Required Proposed
Vehicular use landscape area . 1,196 sq. ft. >1,196 sq. ft.
Trees/parking lot 4 trees 7 trees
Islands or peninsulas/parking lot 1 islands/peninsulas 1 peninsulas
Lotus Retail
Planning Case 10-04
February 2,2010
Page 13 of19
The applicant meets minimum requirements for trees and landscaping in the parking lot area.
Buffer yard requirements:
Required plantings Proposed plantings
Bufferyard C - north prop. Line, 145' 2 Overstory trees o Overstory trees
5 Understory trees 7 Understory trees
5 Shrubs 15 Shrubs
Bufferyard B - south prop. Line, 130' 1 Overstory trees 5 Overstory trees
2 Understory trees o Understory trees
4 Shrubs o Shrubs
Bufferyard B - east prop. Line, 240' 3 Over story trees 2 Overstory trees
7 Understory trees 4 Understory trees
10 Shrubs 10 Shrubs
The applicant does not meet the minimum requirements for buffer plantings. On the north
property line, the applicant should change two of the understory trees to overstory selections.
Along the south property line, the applicant has proposed an increased number of overstory trees
and meets the requirements for total number of trees within the bufferyard. The overstory trees
will provide more long-term benefits to the site and satisfies the south bufferyard requirement for
trees. City code permits a reduced parking setback when landscape screening is provided. The
applicant is proposing to reduce the parking setback to 12 feet along the south property line. The
proposed shrub landscaping is not sufficient to meet the requirements associated with a setback
reduction. A line of shrubs must be planted along the parking lot on the south property line. The
shrubs must have a minimum height of three feet at maturity. City approval of the shrubs species
and planting spacing is required before installation. On the east property line, the applicant is
short trees in both categories of tree and shrubs. Staff recommends that the applicant meet
minimum requirements for bufferyard plantings on the east side.
GRADING/DRAINAGE
The soils investigation for this site reveals that extensive soils correction is required to develop
the site. The poor soils will be removed from the site and engineered fill will be placed. The
developer must provide a trucking route to the Engineering Department for review and approval.
The developer proposes to construct a bio-retention area on the north side of the site to treat
runoff from both parcels under fully-developed conditions. The grading plan must be changed to
create a two-cell system so that the bio-retention basin will not be over the trunk watermain and
sanitary sewer easement area.
Wetlands
One wetland exists on or adjacent to the property. This wetland was delineated in 2005 as part
ofthe Riley-Purgatory-BluffCreek Watershed District stormwater improvement project. The
delineated boundary is still accurate today. This wetland will not be impacted as a result of this
Lotus Retail
Planning Case 10-04
February 2,2010
Page 14 of 19
project. However, grading will occur adjacent to the wetland and steps shall be taken to assure
that the wetland is not impacted during development of this site.
Lakes
The proposed project does not lie within 1,000 feet of the ordinary high water level (OHW) of
any public waters; therefore, it is not within a shoreland district.
Erosion and Sediment Control
It does not appear that the total land disturbance associated with the proposed project will meet
the minimum threshold for "small construction activity". In this case, no NPDES Phase II
permit to discharge stormwater associated with construction activities is required. The total
disturbed area should be indicated, quantified, and reported to the City. The site requires an
erosion control plan, which has been submitted. An on-site inspection of the site shall be
required during development of the site. City details shall be included in the plan set to verify
erosion and sediment best management practices.
Drainage and Treatment
Water quality treatment and runoff control will be provided through a bio-retention feature
located on the north end of the site. This feature has been designed such that it may
accommodate future development of the western property. This basin will treat the first inch of
runoff generated on the site. The wetland will provide additional storage; water will be treated
prior to discharge into the basin.
The plan calls for an excavation of in situ materials and replacement with other soils. The only
reference to the soil composition is in the landscape plans. The replacement soils indicate a
mixture of topsoil, sand and compost. This mixture is not appropriate for a bio-retention feature
and must be revised to indicate an appropriate mixture of materials. Additionally, the under
drain is referred to as 8" in some parts of the plan and 6" in other parts. This must be clarified
and specifications shall be provided. There is no need to wrap the under drain in a sock if it is
embedded in gravel. It has been the experience of the City and others that this fabric clogs and
prolongs the residence time of the water in the feature. Further, the plan simply calls for a gravel
bed to place the under drain. This rock must be specified and may not include crushed
limestone.
Utilities
A 10-inch trunk watermain and an 18-inch trunk sanitary sewer are west of the proposed
building. These utilities lie within easements granted in Document Numbers 20942 and 59447.
The trunk watermain is almost 40 years old and made from ductile iron. Due to the corrosive
nature of the soils, the trunk watermain within the project area is proposed to be replaced. The
developer will be reimbursed for the cost to replace the trunk watermain, install two gate valves,
replace a fire hydrant and produce engineering as-built drawings. The reimbursement will be
Lotus Retail
Planning Case 10-04
February 2, 2010
Page 15 of 19
based on the actual cost to complete this work and shall not exceed $25,000. The new
watermain shall meet the minimum City requirements, including stainless steel hardware on the
valves and hydrant. A snake pit for the tracer wire shall be installed at each end.
The sanitary sewer will be televised to determine its condition. The City will work with the
developer to include maintenance or repair work if needed.
The developer will extend private sewer and water services from the trunk utilities within the
easement area.
Private draintile is proposed within the site. The draintile will cross the public utilities at two
locations. The developer's engineer must submit cross sections at the proposed utility crossings
for review and approval.
All civil sheets must be signed by an engineer registered in the State of Minnesota.
Other Agencies
The applicant shall apply for and obtain permits from the appropriate regulatory agencies and
comply with their conditions of approval.
MISCELLENOUS
The building is required to have an automatic fire extinguishing system. Accessible routes must
be provided to commercial buildings. All parking areas must be provided with accessible
parking spaces. As submitted, the retail building must have a minimum of two accessible parking
spaces, one of which must have an 8- foot access aisle.
COMPLIANCE TABLE
Carver County Hennepin County
Ordinance Requirements Site Site
Lot .
Area 20,000 sq ft 61,561 sq ft 39A74 sq ft
Frontage 100' 209' 149'
Depth lSD' 295' 267'
Lot
Coverage 65% 33% 65%
... ....... ... Building Height.. .
Principal two-story one-story one-story
Accessory one-story NA NA
Lotus Retail
Planning Case 10-04
February 2, 2010
Page 16 of 19
Carver County Hennepin County
Ordinance Requirements Site Site
. Building Setbacks
Front yard 25' 136' 89'
Rear yard 30' from wetland buffer 55' 57'
W:19'5" E:
Side yard 10' W:45' E: 34' 16'7"
Parking Requirements
1:200 (Retail/Office)
Stalls Carver: 4,390 sq ft 1200 = 22 stalls, 19 43
Hennepin: 7,992 sq ft/200 = 40 stalls
Front yard 10' w/ screening, 25' without 37' 12' WI screening
Rear yard 15' from wetland buffer 15' 15'
Side yard 10' 28' 10'
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motions and adoption of
the attached findings of fact and recommendation:
A. "The Chanhassen Planning Commission recommends that City Council Approve an
amendment to Conditional Use Permit 88-13 to eliminate the Hennepin County parcel for
a garden center and to relocate the storage bins to the Carver County parcel."
and
B. "The Chanhassen Planning Commission recommends that City Council approve the Site
Plan for an 8,000 square-foot, one-story retail building, plans prepared by SEH dated
12/30/2009, with an 8% parking variance to permit 58% ofthe parking between the front
fa<;ade and the primary street for property located at 19900 West 78th Street, subject to the
following conditions:
1. Building Official
a. The buildings are required to have an automatic fire extinguishing system.
b. The plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
c. Accessible routes must be provided to commercial buildings.
d. All parking areas must be provided with accessible parking spaces. As submitted, the
retail building must have a minimum of 2 accessible parking spaces, one of which
must have an 8-foot access aisle.
Lotus Retail
Planning Case 10-04
February 2, 2010
Page 17 of 19
e. The owner and/or their representative shall meet with the Inspections Division as
soon as possible to discuss plan review and permit.
2. Forester
a. This parcel is within the Emerald Ash Borer Quarantine area. All ash trees removed
on site must be disposed of at an MDA approved ash tree disposal site.
b. The Black Hills spruce proposed at the northwest comer of the building must be
replaced with a deciduous selection in order to avoid future sight line conflicts.
c. On the north property line, the applicant shall change two of the understory trees to
overstory selections.
d. On the east property line, the applicant is short over- and understory trees. Staff
recommends that the applicant meet minimum requirements for bufferyard plantings
on the east side.
e. A line of shrubs must be planted along the parking lot on the south property line. The
shrubs must have a minimum height of three feet at maturity. City approval of the
shrubs species and planting spacing is required before installation.
3. Water Resources
a. The following Standard City Plates shall be included in the submittal set:
1) Plate No. 5300 - Silt Fence (wooden posts are not to be used)
2) Plate No. 5301 - Rock Construction Entrance
3) Plate No. 5302A - Catch Basin Sediment Trap
b. Sheet Cl ofC5 calls out 8" PVC while sheet C5 ofC5 indicates 8" PVC for the
standpipes and 6" for the remaining perforated PVC. This discrepancy must be
clarified. The Minnesota Stormwater Manual recommends an 8" draintile to reduce
the potential for freezeup.
c. No sock should be used around the under drain in the bio-retention areas.
d. This will primarily be a Filtration Facility with Partial Recharge as described in the
2005 Minnesota Stormwater Manual. As such, the filter fabric over the gravel bed
area but not extending to the side walls is adequate as shown. If insufficient
separation is discovered between the bottom of the facility and the ground water, the
fabric should be extended to the sidewalls as shown in Figure 12.BIOA of Chapter 12
in the 2005 Minnesota Stormwater Manual.
e. Rock specifications are required for the draintile bedding in the bio-retention area.
This rock must be clean, washed and may not include crushed limestone.
f. No soil mixture is specified for the bio-retention area. Sheet L200 calls out a soil
mixture for all areas to be planted with groundcover, perennials or annuals. This
mixture is not suitable for the bio-retention area. The mixture may include not less
than 40% sand by volume and may not incorporate any in situ soil materials.
g. Measures must be taken to address the drain tile and curb cut discharge points into the
bio-retention area to assure that they do not scour over time or fill up with debris.
h. The invert elevations of the drain-tiles where they enter the bio-filtration area must be
called out on the plans.
Lotus Retail
Planning Case 10-04
February 2, 2010
Page 18 of 19
1. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies and comply with their conditions of approval.
J. The existing grades are not legible on the civil plans. These must be clarified.
k. The bio-retention area must be protected from heavy equipment traffic; this must be
shown on the grading and utility plan sheets.
1. The total disturbed area should be quantified and reported on the grading plan. If this
is equal to one acre or more an NPDES permit and SWPPP will be required.
m. The developer shall comply with the requirements ofthe Carver Soil & Water
Conservation District as specified in the letter to Robert Generous dated January 20,
2010.
4. Engineering
a. A cross-access and parking agreement must be executed and recorded.
b. The developer must provide a trucking route to the Engineering Department for
review and approval.
c. The grading plan must be changed so that the bio-retention basin will not be over the
existing trunk watermain and sanitary sewer easement area.
d. The developer shall replace the trunk watermain and will be reimbursed for the cost
to replace the trunk watermain, install two gate valves, replace a fire hydrant and
produce engineering as-built drawings. The reimbursement will be based on the
actual cost to complete this work and shall not exceed $20,600.
e. The new watermain shall meet the minimum City requirements, including stainless
steel hardware on the valves and hydrant.
f. A snake pit for the tracer wire shall be installed at each end.
g. The sanitary sewer will be televised to determine its condition. The City will work
with the developer to include maintenance or repair work if needed.
h. The developer's engineer must submit cross sections at the proposed utility crossings
for review and approval.
1. All civil sheets must be signed by an engineer registered in the State of Minnesota.
5. General
a. In locations where the sidewalk crosses the curb, a pedestrian ramp shall be provided.
b. The applicant shall revise the light plan to meet the requirement for ~ foot-candle
illumination at the property line. A revised photometric plan shall be submitted with
the building permit to verify compliance with City Code.
c. All signage shall comply with City Code and requires a separate sign permit
application. "
Lotus Retail
Planning Case 10-04
February 2, 2010
Page 19 of 19
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Reduced Copy Existing Conditions Dated 12/30/2009.
4. Reduced Copy Plat.
5. Reduced Copy Grading Plan.
6. Reduced Copy Utility Plan.
7. Reduced Copy Landscape Plan & Details.
8. Reduced Copy Site Plan.
9. Reduced Copy Floor Plan.
10. Reduced Copy Roof Plan.
11. Reduced Copy Site Lighting Plan.
12. Reduced Copy South Elevation (colored).
13. Reduced Copies Building Elevations (colored).
14. Color Photo Building Materials.
15. Amended and Restated CUP 88-13.
16. CUP 88-13 Conditions of Approval.
17. Approval letter dated January 28, 1996 for an amendment to CUP 88-13.
18. Letter from Chip Hentges, CSWCD, to Robert Generous dated January 20,2010.
19. Letter from Jon P. Solberg, MnDDT, to Robert Generous Dated January 22,2010.
20. Public Hearing Notice and Mailing List.
g:\p1an\20 10 planning cases\IO-04 lotus retail\staff report. doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Center Companies, LLC and Jay and Peggy Kronick for an amendment to
a Conditional Use Permit and Site Plan Review for an 8,000 square-foot, one-story,
multi-tenant building with a Variance for parking placement in the Highway and
Business Services District (BH).
On February 2,2010, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Center Companies, LLC and Jay and
Peggy Kronick for an amendment to Conditional Use Permit 88-13 to eliminate the
Hennepin County parcel for a garden center and to relocate the storage bins to the Carver
County parcel located at 78 West 78th Street; and Site plan review for an 8,000 square
foot, one-story retail building with an 8% parking variance to permit 58% of the parking to
be located between the front fayade and the primary street, for property located at 19900
West 78th Street. The Planning Commission conducted a public hearing on the
conditional use permit and site plan which was preceded by published and mailed notice.
The Planning Commission heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Highway and Business Services District (BH).
2. The property is guided by the Land Use Plan for Commercial use.
3. The legal description of the property is:
CARVER COUNTY PROPERTY: 78 West 78th Street
That part of Tract C, Registered Land Survey No. 59, files of Registrar of Titles,
which lies South of a line drawn East perpendicular to the West line of said Tract C
from a point thereon distance 103.00 feet South, as measured along said West line
from the Northwest comer of said Tract C: And that part of Tract D lying Easterly of
the Southerly extension of the West line of said Tract C, Registered Land Survey No.
59, flies of Registrar of Titles, all in Carver County, Minnesota.
HENNEPIN COUNTY PROPERTY: 19900 West 78th Street
That part of the West 149 feet of the Southwest Quarter of Section 7, township 116
North, Range 22 West of the 5th Principal Meridian, lying North of State Highway
1
No.5 and which lies South of a line drawn East perpendicular to the West line of
Tract C, Registered Land Survey No. 59, files ofthe Registrar of Titles, Carver
County, from a point thereon distant 103.00 feet South, as measured along said West
line, from the Northwest comer of said Tract, C Hennepin County, Minnesota.
4. Conditional Use Findings
a. Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or city.
Finding: Conditional Use Permit 88-13 for a garden center currently encompasses
both the Carver and Hennepin County sites. The applicant is requesting an
amendment to CUP 88-13 to exclude the Hennepin County site from the CUP and to
relocate the storage bins to the Carver County site. The CUP for the nursery will
then solely be for the Carver County site. The conditions of approval for CUP 88-
13 will continue to be in effect. The use of the site for a garden center will not be
detrimental to the public health, safety, comfort, convenience or general welfare
of the neighborhood.
b. Will be consistent with the objectives of the City's Comprehensive Plan and this
chapter.
Finding: The proposed use is consistent with the City's Comprehensive Plan and
complies with the conditions of approval for CUP 88-13.
c. Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the essential character of that area.
Finding: The character of the general vicinity will not change. Other than the
relocation of storage bins and materials from the Hennepin County site to the
Carver County site, the appearance and function of the site will not be affected.
The garden center will continue to operate in its current condition.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The surrounding uses are zoned for commercial and industrial use. The
garden center will continue to operate in its current condition. The approval of
the amendment eliminates the Hennepin County site from the legal description for
the CUP and relocates the garden center related structures and materials to the
Carver County site.
e. Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
2
services provided by the persons or agencies responsible for the establishment of
the proposed use.
Finding: The site is currently serviced by municipal services, which are adequate
for the development.
f. Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
Finding: The site is currently serviced by adequate municipal services. The
function of the garden center on the Carver County site will not change and will
not be detrimental to the economic welfare of the community.
g. Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
Finding: The garden center has been in operation since 1988 and is consistent
with the standards of the Highway and Business Services District. The
amendment to relocate the storage bins and eliminate the Hennepin County site
from the CUP will not be detrimental to the surrounding area.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
Finding: Access to the site and all parking currently exists on the site and will
not interfere with traffic in the surrounding public thoroughfares or create traffic
congestion.
1. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The site is consistent with the conditions of approval for CUP 88~ 13
and will not result in the destruction, loss or damage of solar access, natural,
scenic or historic features of major significance.
J. Will be aesthetically compatible with the area.
Finding: The garden center is consistent with the plans and conditions outlined
in CUP 88~ 13 and are compatible with the surrounding area.
k. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values.
3
1. Will meet standards prescribed for certain uses as provided in this article.
Finding: The use is consistent with the Highway and Business Services District
and other zoning requirements.
5. Site Plan Findings:
a. The proposed development is consistent with the elements and objectives of the
City's development guides, including the comprehensive plan, official road
mapping, and other plans that may be adopted;
Finding: The development of the Hennepin County site is consistent with the
City's development guides and comprehensive plan.
b. The proposed development is consistent with the site plan review requirements;
Finding: The site is consistent with the site plan review requirements.
c. The proposed development preserves the site in its natural state to the extent
practicable by minimizing tree and soil removal and designing grade changes to
be in keeping with the general appearance of the neighboring developed or
developing or developing areas;
Finding: One wetland exists adjacent to the property. This wetland will not be
impacted as a result of this project. However, grading will occur adjacent to the
wetland and steps will be taken to assure that the wetland is not impacted during
development of the site. The development of the site maintains required setbacks
from the wetland. The applicant will also incorporate a bio-retention pond to
filter water runoff prior to entering the wetland.
d. The proposed development creates a harmonious relationship of building and
open space with natural site features and with existing and future buildings having
a visual relationship to the development;
Finding: The development will be harmonious with the existing buildings and
features. The development also lends an architectural design standard for future
development of the Carver County site.
e. The proposed development creates a functional and harmonious design for
structures and site features, with special attention to the following:
1) An internal sense of order for the buildings and use on the site and provision
of a desirable environment for occupants, visitors and general community;
Finding: The main entrances into the building are located on the south elevation
with employee and services entrances on the north elevation. The parking is
4
located on the north, south and west side of the building and will be shared
between the Carver and Hennepin County sites.
2) The amount and location of open space and landscaping;
Finding: The site will be landscaped, including the landscaping islands in the
parking lot. The applicant will also incorporate a bio-retention pond on the north
end of the site to filter runoff prior to entering the wetland.
3) Materials, textures, colors and details of construction as an expression of the
design concept and the compatibility of the same with adjacent and
neighboring structures and uses; and
Finding: This is the first parcel to redevelop in this area. The architecture of the
building will serve as the design standards for future redevelopment of the Carver
County site.
4) Vehicular and pedestrian circulation, including walkways, interior drives and
parking in terms of location and number of access points to the public streets,
width of interior drives and access points, general interior circulation,
separation of pedestrian and vehicular traffic and arrangement and amount of
parking.
Finding: The site includes sidewalks which connect with the existing public
sidewalk along West 78th Street. Both the Carver and Hennepin County sites will
share the existing access off West 78th Street. The parking is distributed around
the building and will be shared between the sites.
5) Protects adjacent and neighboring properties through reasonable provision for
surface water drainage, sound and sight buffers, preservation of views, light
and air and those aspects of design not adequately covered by other
regulations which may have substantial effects on neighboring land uses.
Finding: Sanitary sewer and water service are installed on the site and are
consistent with all design standards.
6. The Board of Adjustments and Appeals shall not recommend and the City Council shall
not grant a variance unless they find the following facts:
a. That the literal enforcement ofthis chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by
a majority of comparable property within 500 feet of it. The intent of this provision
is not to allow a proliferation of variances, but to recognize that there are pre-
existing standards in this neighborhood. Variances that blend with these pre-existing
standards without departing downward from them meet this criteria.
5
Finding: The main entrances to the building are located on the south side of the
building with the employee and service entrances on the north side of the
building. The additional parking in the south lot will provide better customer
access to the main entrances of the building. Therefore, it is reasonable to have
the majority of the parking located adjacent to the store entrances. The buildings
on either side of the project have the majority of their parking located between the
building and West 78th Street.
b. The conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
Finding: The location ofthe parking on site is limited by the City's desire to have a
bio-retention water system adjacent to the wetland. Additionally, the City prefers
that the trash enclosure be located to the rear ofthe structure. To accommodate
these directives, more than 50 percent of the parking must be located to the south of
the building.
c. The purpose of the variation is not based upon a desire to increase the value or
income potential ofthe parcel ofland.
Finding: The variance request is not based on the desire to increase the income
potential of the site. The request is to provide the majority of the parking adjacent
to the store entrances, where the customers want to park.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is not self-created since the City directs the developer to
have a bio-retention water system adjacent to the wetland. Additionally, the City
prefers that the trash enclosure be located to the rear of the structure. To
accommodate these directives, more than 50 percent of the parking must be located
to the south of the building.
e. The granting of the variance will not be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will not be detrimental to the public welfare
or other land improvements in the neighborhood. The customer entrances are
adjacent to the south parking lot, while the employee and service entrances are
located on the north side of the building. It is reasonable to provide the majority of
the parking stalls adjacent to the customer entrances.
f. The proposed variation will not impair an adequate supply oflight and air to
adjacent property or substantially increase the congestion of the public streets or
increase the danger of fire or endanger the public safety or substantially diminish or
impair property values within the neighborhood.
6
Finding: The variance will not impair the supply oflight and air to the adjacent
property or substantially increase the congestion of the public streets or increase the
danger of fire or endanger the public safety or substantially diminish or impair
property values within the neighborhood.
7. The planning report, Planning Case #10-04 dated February 2,2010, prepared by Bob
Generous and Angie Kairies, et aI, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve Planning Case
#10-04 for an amendment to Conditional Use Permit 88-13 to eliminate the Hennepin
County parcel for a garden center and to relocate the storage bins to the Carver County
parcel located at 78 West 78th Street; and Site Plan approval for an 8,000 square foot, one-
story retail building with an 8% parking Variance to permit 58% of the parking to be
located between the front fayade and the primary street for property located at 19900 West
78th Street.
ADOPTED by the Chanhassen Planning Commission this 2nd day of February,
2010.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
7
..,
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
Planning Case No. '0 .....0'+-
CiTY OF CHANHASSEi\i
RECE!VED
DEVELOPMENT REVIEW APPLICATION
DEe 3 1 2009
PLEASE PRINT
Applicant Name and Address:
c.t:::Nrer< CON.,(,),!r1Jt ~c; /..t..-~
102.~ t.,eJfA/,.-11!9P.. /bl..-VD l SO ITS ~ ~
OH'ItNIH6~etJ I MJJ 13; 3/7
Contact: 8eN ~. M E!J12,p./MA-/J
Phone:q~-4-74--49,'2~ Fax:tf52-4-7+"'~U
Email: ~1'd6JlY';M4t'I@. t:LIl~/.L)~t1Jt.t'e'. tew1
r'
Property Owner Name and A "ress:
~ L.A-~ ~ ('..B1J't'8A INv.
.:Dt"t l... ~ ~~ M. Ic.~ 1.6 ~
~S'~~ P.o'l~AAINJJ 6c;?J/A
Contact: S'^"" ~klt~l'-o
Phone: f>J....lifflf..077.r, Fax:-
Email: .IOro~loTL.to;.\o.WO.c..cM
NOTE: Consultation with City staff is reauired prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Temporary Sales Permit
X Conditional Use Permit (CUP); 41. ~
Vacation of Right-of-Way/Easements (V AC)
(Additional recording fees may apply)
Interim Use Permit (IUP)
Variance (VAR)
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
Planned Unit Development*
Zoning Appeal
. Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
X. Notification Sign - i200 .
(City to install and remove)
'x Site Plan Review (SPR)* ~ ~e.o
( *CCO 6F )
Subdivision*
X Escrow for Filing Fees/Attorney Cost** ('Z,J<)
- ~ C.Yf/~ACNAR/WAP/Metes & Bounds
- $450 Minor SUB
TOTALFEE$ 1,,~O5'"" C-~~
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a diQital COpy in TIFF-Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
SCANNED
. .,.
r
FOR SITE PLAN REVIEW: Include number of existing employees: 8 and new employees: 7
(/.OTUS /.('0 (;) (~L. bUJG)
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
---",
/ ~ - 30. ;;c;c;::r
Date
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SCANNED
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WINES &.1 SPIRITS
_ T'"~
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SOUTH-
E LEY1"'\ Tl 0 N
LOTUS RETAIL
Mohagen
Hansen
Afct.IKfW...
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CHANHASSEN, MINNESOTA
'T r <= '":I-'.J rli-\SSf=~
c;,F(''''' '"1=["'
CENTER
COMPANIES. LLC
DEe 3 1 2009
C.>lllmChl,l.lltc..lrst..IC
~
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12-30-09
HANhAC;~;-N Pi ..
SCANI,ED
.1...
o::;.OUTH- e L-EY1"ITION
W~C;1T eL~vATIO'N
EA'?T E:L-EVATION
,ITV OF CHANHASSEi'i
RFr:EIVED
JAN 1 3 2010
NOF-T"H 6t...EVATloN
CHANHASSEN PLAt.JNING OEP
LOTUS RETAIL
MOOage" ~.
Hansen
NC^'fKllJr&I -WI..
"","p-
CHANHASSEN, MINNESOTA
12-30-09
CENTER
COMPANIES. LLC
(\>rnIllCf(i.,1 RC".t1 I ~1.U('
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_I>> '_"'1<10'_
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DEC
3 1 {OOS
,-.
:-
'I\~\\
-......::,-
SCANNED
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AMENDED AND RESTATED
CONDITIONAL USE PERMIT #88-13
PLANNING CASE 10-04
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby
grants a conditional use permit for the following use:
Garden Center
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as follows:
That part of Tract C, Registered Land Survey No. 59, files of Registrar of Titles, which lies
South of a line drawn East perpendicular to the West line of said Tract C from a point
thereon distance 103.00 feet South, as measured along said West line from the Northwest
comer of said Tract C: And that part of Tract D lying Easterly of the Southerly extension of
the West line of said Tract C, Registered Land Survey No. 59, flies of Registrar of Titles, all
in Carver County, Minnesota.
3. Conditions. The permit is issued with the following conditions:
a. Installation of a six-foot evergreen screen along the south, west and north walls of the
greenhouse and installation of a two-foot hedge along the east side ofthe display area in
front of the sales building.
b. Approval and compliance with Wetland Alteration Permit #88-8.
c. The applicant shall file a plat application in conjunction with the City of Chanhassen to
reserve the necessary utility easements and to properly convey the northerly portion of the
site to the City.
1
d. There shall be no outside sales of merchandise as opposed to outside display of
merchandise.
e. The applicant shall enter into a development contract with the city and provide the City
with the necessary financial sureties to guarantee the installation of the public
improvements.
f. The sanitary sewer service shall have a sand trap prior to discharging into the public
sanitary sewer system.
g. Details for the installation and connection of the sanitary sewer and water services shall
be submitted to the City Engineer for approval prior to final approval.
h. A check valve shall be installed on the sanitary sewer service prior to discharge into the
pubic sanitary sewer system.
1. The proposed utility easements shall be revised to include a 40- foot wide utility easement
which shall cover all of the existing and proposed utilities.
J. A revised grading, drainage and erosion control plan shall be submitted to the City
Engineer for approval as part of the final review process.
k. The proposed water service connection shall be ''wet tapped" in accordance with the
latest published version for the Standard Specifications for Utility Installation from the
American Water Works Associations (A WW A).
1. Details for the service connection to the 10-inch diameter watermain should be submitted
to the City Engineer for approval prior to final approval.
m. An enclosure screening the bags of mulch and fertilizer shall be constricted by October 1,
1989.
n. The applicant shall arrange to pave the parking area within four weeds of completion of
the city's work. Upon approval from city staff, the applicant may receive an occupancy
permit prior to completion of the paving work.
o. Construction vehicles be screened (typical passenger vehicles and small pickup trucks
excluded).
p. The site shall not be used as a site for a landscaping contractor's yard business.
q. The applicant may either install the greenhouse in the north/south orientation or install a
six-foot arborvitae screen as recommended in condition #1.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance ofthis permit the authorized construction has not
been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation ofthe terms of this conditional use permit is a criminal
misdemeanor.
Dated: F ebruarv 22. 2010
2
CITY OF CHANHASSEN
BY:
Tom Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
STATEOFMINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this_day of
,2010, by
Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
3
,.
ee __
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE PERMIT
qq. ~13p
(l,.U
1. Permit. Subject to the terms and conditions set
forth herein, the City of Chanhassen hereby grants a conditional
use permit for:
Garden Center
2. property. The permit is for the following described
property in the City of Chanhassen, Carver County, Minnesota:
See attached Exhibit B.
3. Conditions. The permit is issued subject to the
following conditions: See attached Exhibit A.
4. Termination of Permit. The City may revoke the
permit following a public hearing under any of the following
circumstances: material change of condition of the neighborhood
where the use is located; violation of the terms of the permit.
5. Criminal Penalty.
Violation of the terms of this
\
\
conditional use permit is a criminal misdemeanor.
Dated: September 12, 1988
CI
STATE OF MINNESOTA)
) ss
COUNTY OF CARVER )
~
. ~ The f~feg6ing instrument was acknowledged before me this
~day of ~~ , 19~, by Thomas L. Hamilton,
Mayor, and Don Ashworth, City Manager of the City of Chanhassen,
a Minnesota municipal corporation,~~~.
Kf,"'~N J. ENGE~!::~~OT
NOTA;W rvm.lC - LL.,o."OTA
CARVEn co'y,!TY
My commission ex;;;. ,os 10-16-91
ee
ee
EXHIBIT A
1. Installation of a 6 foot evergreen screen along the south,
west and north walls of the greenhouse and installation of a
2 foot hedge along the east side of the display area in front
of the sales building.
2. Approval and compliance with Wetland Alteration Permit t88-8.
3. The applicant shall file a plat application in conjunction
with the City of Chanhassen to reserve the necessary utility
easements and to properly convey the northerly portion of the
site to the City.
4. There shall be no outside sales of merchandise as opposed to
outside display of merchandise.
5. The applicant shall enter into a development contract with
the City and provide the City with the necessary financial
sureties to guarantee the installation of these public
improvements.
6. The sanitary sewer service shall have a sand trap prior to
discharging into the public sanitary sewer system.
7. Details for the installation and connection of the sanitary
sewer and water services shall be submitted to the City
Engineer for approval prior to final approval.
8. A check valve shall be installed on the sanitary sewer service
prior to discharge into the public sanitary sewer system.
9. The proposed utility easements shall be revised to include a
40-foot wide utility easement which shall cover all of the
existing and proposed utilities.
10. A revised grading, drainage and erosion control plan shall be
submitted to the City Engineer for approval as part of the final
review process.
11. The proposed water service connection shall be "wet tapped" in
accordance with the latest published version for the Standard
Specifications for Utility Installation from the American Water
Works Association .(AWWA).
12. Details for the service connection to the 10-inch diameter
watermain should be submitted to the City Engineer for approval
prior to final approval.
13. An enclosure screening the bags of mulch and fertilizer shall
be constructed by October 1, 1989.
14. The applicant shall arrange to pave the parking area within four
weeks of completion of the city's work. Upon approval from city
staff, the applicant may receive an occupancy permit prior to
completion of the paving work.
-1-
ee
ee
15. Construction vehicles be screened (typical passenger vehicles
and small pick up trucks excluded).
16. The site shall not be used as a site for a landscaping contrac-
tor's yard business.
17. The applicant may either install the greenhouse in a north/south
orientation or install a six foot arborvitae screen as recom-
mended in condition #1.
-2-
-
. ,
ee
-e
EXHIBIT B
Tract C and that part of Tract D lying Easterly of the Southerly
extension of the west line of said Tract C, Registered Land
Survey No. 59, files of Registrar of Titles, County of Carver;
Also the West 149 feet of that part of the Southwest quarter of
Section 7, Township 116 North, Range 22 West of the 5th Principal
Meridian, lying Southerly or the right-or-way of the Chicago,
Milwaukee and St. Paul Railway.
.
CIT~OF
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
January 28,1996
Mr. Jay Kronick
Lotus Lawn & Garden
78 W. 78th Street
Chanhassen, MN 55317
Dear Mr. Kronick:
Tbe City Council approved an amendment to~~l~I~js~jl!$iiit_~$jfor a site plan review for a
2,480 square foot expansion to the sales area and a 40Qsquare foot expansion to the greenhouse area
subject to the following conditions: .. ..
1. The building must be in compliance with the Bnilding Official and Fire Marshal in regards to
installing a sprinkling system.
2. The water service must be located so as not to pass under any buildings.
3. Tbe additions and accessible route must meet building code requirements.
4. The applicant shall provide the City with a $2,000 cash escrow or letter of credit to guarantee
boulevard restoration prior to commencing construction of the drive aisle and/or apron curb cut on
West 78th Street.
5. The proposed drive shall be paved with bituminous and concrete curb and gutter pursuant to City
Code.
6. The applicant shall incorporate foundation plantings south of the proposed sales and office building.
Should you have any questions, please feel free to contact me.
Sincerely,
~/..~.. ~~
Robert Generous, AICP
Senior Planner
BG:v
c: Dave Hempel, Asst. City Engineer
Steve Kirchman, Building Official
~\1\g c.~
... ~
tIJ 1946 \
a .
O""ty 5\(\0
219 East Frontage Road
Waconia, MN 55387
Phone: 952-442-5101
Fax: 952-442-5497
co.sr.VA"". "sr.,er
http://www.co.carver.mn.uslSWCD/SWCDmain.html
Mission Statement: To provide leadership in conservation and teach stewardship of the soil, water, and related resources through a
balanced, cooperative program that protects, restores, and improves those resources.
January 20,2010
Robert Generous
Senior Planner
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Re: Lotus Retail Development
The SWCD has reviewed the above mentioned development plan for erosion and sediment control, and
bio-retention placement. Following you will find our comments:
The Carver SWCD will be completing inspections of the City of Chanhassen rules regarding erosion and
sediment control. Though the project is below the threshold ofthe NPDES permit, the city will require
that a person or persons knowledgeable to handle weekly inspections and installation and
maintenance of sediment and erosion control measures be on site. This person should be the
General Contractor as they have day to day responsibility, and control of payment for cost
associated with erosion and sediment control measures.
Erosion and Sediment and General Comments
1. Concrete washout area must be established and maintained on site - City of Chanhassen rules forbid
any washout water from entering any part of the storm water. Plans must be available to handle the
wash water from the Spec. Mixes, concrete trucks, and tools and equipment on site. Area must be a
self contained and watertight. Concrete trucks with self contained washout systems can be used, but
containment is needed on site for block layers etc.
2. Review of the final topsoil placement will need to be monitored by the owners representative to
assure that placement of at least 4 - 6 inches of topsoil is placed on all landscape areas.
3. All seeded areas that will not be sodded, should have mulch placement to help enhance
establishment of grasses.
4. De-watering plans should be addressed prior to construction in case it is required during initial phase
of construction.
AN EQUAL OPPORTUNITY EMPLOYER
Bioretention Area /Raingarden
1. Curb cuts should be a minimum of at least 8 - 12 feet wide to eliminate concentrated flows into
raingardens. Also, a plan detail should show how the water flow will enter into the basin without
causing scouring and deposition of foreign material from depositing into the basin.
2. Sock should be removed on perforated drain tile if imbedded in rock.
3. Rock shown for use to bed perforated drain tile in bio-retention area needs to be specified.
Recommend 1 Yz washed River Rock.
4. Detail plans are needed with proper grades for installation to be successful in the field.
5. Construction Notes and Raingarden Details do not match - clarify size of drain tile required.
6. Perforations of Drain tile should be noted - PVC Drain tile with perforations comes in many hole
configurations - please specify in detail for the contractor on what will be required.
7. Any tile outlet into the basin will need to have rodent guards installed, and outlet stub protected.
Suggestion would be a MnDot spec outlet.
Also, include me with any correspondences of changes to this original concept plan, and also of any pre-
construction meetings prior to start of construction.
Sincerely,
Chip Hentges CPESC
Conservation Technician
~E~\~tiEISO~1o Minnesota Departn:-ent of Transportation
~ E Metropolitan District
~ I Waters Edge
~o"'11'<,..~'li 1500 West County Road B-2
Roseville, MN 55113-3174
Janumy 22,2010
Robert Generous, Senior Planner
City of Chanhassen
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
SUBJECT:
Hasl{elIs
Mn/DOT Review # PI0-002
NOltheast Quadrant ofTH 5 and TH 101
City of Chanhassen/Carver County
Control Section 2701
Dear Mr. Generous:
The Minnesota Depmtment of Trans pOl tat ion (MnIDOT) has reviewed the above referenced
revised plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any
further development, please address the following comments:
Upcoming Roadway ImpI'ovements:
Mn/DOT would like to make the developer aware that three different projects will be
taking place in the immediate vicinity during the Spring and Summer of 2010 which
may affect access to the site. The projects are as follows:
(1) The TCWR Railroad will be making repairs to the rail crossings at TH 101
and 78th St which will require road closures. They are aiming to-begin the
project in late Mayor early June.
(2) MnJDOT will have a Metro-wide Americans with Disabilities Act (ADA)
improvement project for the intersections at TH 5/TH 101 and TH 10 1/78th
St., likely in May/June. . .
(3) MnJDOT will have a pavement project on TH 101 from TH 5 to CR 62/6211d
St. later in the summer.
For questions conceming these projects, please contact Nicole Peterson, MnJDOT
Metro District South Area Engineer, at 651.234.7723.
SUl'vey:
The following con-ections will need to be made on the plat:
(I) The plat boundary needs to be defined using a heavier line weight.
(2) All jurisdictions of right of way are lumped together, these need to be labeled
appropriately and when separated Mn/DOT's right of way will need to be
clearly labeled. .
(3) The northwest corner of Tract C needs to be labeled.
An equal opportunity employer
(4) A "centerline" and its 100 foot offset line are shown on the map but are not
labeled.
(5) MnlDOT's access control and access opening rights need to be indicated on
the plat.
Please direct any questions regarding penuit requirements to Bruce Wetherbee,
MnDOT's Survey Section, at (651) 366-5176.
Permits:
Any work impacting MnDOT right of way requires a permit. Permit forms are available
from MnDOT's utility website at http://www.dot.state.mn.us/utility/forms/index.html Please
include one full-size plan set, and an 11 x 17 inch plan set for each permit application. Please
direct any questions regarding permit requirements to Buck Craig, MnDOT's Metro Permits
Section, at (651) 234-7911.
As a reminder, please address all initial future correspondence for development activity such as
plats and site plans to:
Development Reviews
MnlDOT - Metro Division
Waters Edge
1500 West County Road B-2
Roseville, Minnesota 55113
MnlDOT document submittal guidelines require either:
1. One (1) electronic pdf. version of the plans (the electronic version of the plan needs to be
developed for 11" x 17" printable format with sufficient detail so that all features are
legible);
2. Seven (7) sets offull size plans.
If submitting the plans electronically, please use the pdf. format. Mn/DOT can accept the plans
via e-mail at metrodevreviews@state.ll1n.us provided that each separate e-mail is less than 20
megabytes. Otherwise, the plans can be submitted on a compact disk.
If you have any questions concerning this review please feel free to contact me at
(651) 234-7792.
Sincerely,
Jon P. Solberg
Senior Planner
Copy: Lyndon Robjent, Carver County Engineer, Cologne, MN
Blind Copy sent via Microsoft Outlook:
Nicole Peterson
T od Sherman
E.Buck Craig
Dale Matti
Bruce Wetherbee
Derek Beauduy
Jeff Rones
David Sheen
Ann Braden/ Metropolitan Council
File Copy:
MnJDOT Division File CS 2701
MnlDOT LGL File City of Chanhassen, MN
Lyndon Robjent
Carver County Engineer
11360 Highway 212 West
Suite 1
Cologne, MN 55322
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
January 21, 2010, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for Lotus Retail- Planning Case 10-04 to the persons named on attached Exhibit
"A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing
the envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses of such owners were those appearing as such by the
records of the County Treasurer, Carver County, Minnesota, and by other appropriate records.
Subscribed and sworn to before me
thisdf2L.~ay Of:::h.Dll12^f--' 2010.
~VW\'T'~'''44;=
'-" Notary blic
KIM T. MEUWISSEN
Notary Public-Minnesota
My eommlsslon Expires Jan 31. 2015
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ABRA CHANHASSEN
REAL ESTATE CO
6322 TIMBER TRL
EDINA MN 55439-1049
CRB FAMILY LP
18930 78TH ST W
CHANHASSEN MN 55317-9347
KAHNKE BROS INC
1400 STEIGER LAKE LN PO BOX 7
VICTORIA MN 55386-0007
CRB FAMILY LP
18930 78TH ST W
CHANHASSEN MN 55317
LYMAN LUMBER CO
POBOX 40
EXCELSIOR MN 55331
CLIFFORD L WHITEHILL
5320 W HARBOR VILLAGE DR
APT 201
VERO BEACH FL 32967-7416
DORN BUILDERS INC
C/O MARATHON MANAGEMENT INC
2303 WATERS DR
MENDOTA HEIGHTS MN 55120-1163
MCDONALD'S CORP (22-157)
C/O EUGENE A BORG
15455 110TH ST
NYA MN 55397-9453
CSM CORP
500 WASHINGTON AVE S #3000
MINNEAPOLIS MN 55415
TWIN CITIES & WESTERN RR CO
723 11TH ST E
GLENCOE MN 55336
CLS PROPERTIES II LLC
4711 SHADY OAK RD
HOPKINS MN 55343-8840
JAY L & PEGGY M KRONICK
8575 TELLERS RD
CHASKA MN 55318-9265
STEVEN R SCHULZ
19143 TWILIGHT TR
EDEN PRAIRIE MN 55346
ROSIE SHMYEL
19157 TWILIGHT TR
EDEN PRAIRIE MN 55346
V GALEYEV & L GALEYEV
19153 TWILIGHT TR
EDEN PRAIRIE MN 55346